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Beltrami County District Court

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news Bemidji, 56619

Bemidji Minnesota P.O. Box 455 56619

In Beltrami County District Court before Judge Paul Benshoof:

Kathy Jean Littlewolf, 36, of Cass Lake, pleaded guilty and was sentenced Dec. 7 for felony failure to appear - charged or convicted of a felony.

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She was granted a stay of imposition, with successful completion of probation resulting in a misdemeanor conviction. She was placed on four years of supervised probation; must pay a fine of $133; follow all instructions of probation and remain law-abiding.

In December 2008, Littlewolf was charged with the offense of felony possession of theft tools in Beltrami County. She made an initial appearance on the charge Jan. 7. On that day, Judge Benshoof authorized her pre-trial release on a number of non-monetary conditions, one of the conditions being she "make all future court appearances." She pleaded guilty June 30, and was ordered to reappear for sentencing Aug. 3. She did not appear on this date and a warrant was issued for her arrest.

In a separate, but related, case, Littlewolf pleaded guilty June 30 and was sentenced Dec. 7 for felony possession of burglary or theft tools.

She was sentenced to 30 days in jail and must serve 11 days with credit for 19 days served; four years of supervised probation; have no contact with Wal-mart and pay a fine of $583.

On Nov. 25, Littlewolf and three men entered Wal-Mart in Bemidji. She is accused of taking and opening 18 DVDs including six separate DVDs of the same motion picture. Damages to the DVDs were estimated to be $159.68.

Kyle Ole Davis, 20, of Bemidji, pleaded guilty Dec. 7, for felony third-degree burglary. His next court date will be Jan. 19.

At 6:30 p.m. June 5, a Beltrami County Sheriff's deputy responded to a call regarding stolen property. A man reported that he noticed his fishing tackle box was missing from his boat. The box was valued at $1,000. At 8 p.m., the man called the deputy back and stated that Davis had some of his tackle and lures in the back of his car. The man confronted Davis about stealing his tackle box, and Davis became defensive and identified a second man as the person who stole the tackle box. That man confessed that he and Davis had entered the man's garage without permission and stolen the tackle box. They split up the goods and brought them to a local pawn shop for some quick cash to buy gasoline. Davis admitted to pawning the man's fishing gear, but blamed the other man for the theft. Another man stepped forward and said he was in Davis's car and had observed Davis and the other man break into the garage and steal the equipment.

Connie Jo Frank, 33, of Red Lake, pleaded guilty Nov. 9 and was sentenced Dec. 7 for felony first-degree DWI.

She was sentenced to 42 months in prison, which was stayed for seven years; conditional release after confinement has been set at five years; to be served consecutively with a separate case; seven years of supervised probation; $1,083 fine, of which $1,000 was stayed; follow all instructions of probation; complete DWI program not use or possess alcohol or controlled substances; not enter bars or liquor stores; submit to random testing; not be around anyone that consuming or possessing alcohol or drugs; not drive without a license; not have any drivers license violations; submit a DNA sample; remain law-abiding and follow recommendations of evaluation.

At 3:02 a.m. Oct. 9, a Bemidji Police officer responded to a report of an intoxicated driver traveling north in the southbound lane of Midway Drive South. As officers were en route, dispatch indicated that the vehicle was now driving south in the northbound lane and had crashed into the bridge over the Mississippi River several times. The officers found the vehicle in question in a parking lot. The vehicle's windows were frosted and the car was idling with the headlights activated. The driver was identified as Frank. She displayed the odor of alcohol and bloodshot, watery eyes. She told the officer she was trying to turn around and was going to Cass Lake. She said she did not have a driver's license. She failed field sobriety tests and registered a preliminary breath alcohol concentration of .211. She was arrested and transported to the Beltrami County Jail, where she registered a blood alcohol concentration of .17. Her license was cancelled as inimical to public safety. She has three prior DWI convictions.

Emma Morgan Moore, 22, of Bemidji, pleaded guilty and was sentenced Dec. 7 for gross misdemeanor third-degree DWI.

She was sentenced to one year in jail, of which 355 days were stayed for two years; she must serve seven days in jail with credit for three days served; placed on probation to the courts for two years; pay a fine of $583; not drink and drive; submit to random testing and not have any same or similar offenses.

At 11:26 p.m. Oct. 31, Bemidji Police officers were dispatched to the 1300 block of Minnesota Avenue Northwest. A person was reported for driving recklessly in an ally and had struck a number of items. An officer located the SUV, which was stopped with its lights on in the vicinity of the ally. The female operator of the vehicle was visibly upset. A freshly broken branch was sticking out from the front bumper of the vehicle, and the vehicle appeared to have been in some sort of collision. The driver was identified as Moore, who displayed the odor of alcohol. She failed field sobriety tests and registered a preliminary breath alcohol concentration of .183. She was arrested and transported to the Beltrami County Jail, where she registered a blood alcohol concentration of .21. She has no prior convictions.

Tammy Lynn Ness, 42, of Bemidji, pleaded guilty and was sentenced Dec. 7 for gross misdemeanor driving after cancellation as inimical to public safety.

She was granted a stay of adjudication, with successful completion of probation resulting in a dismissal; pay a fine of $250; not have any moving violations and not have any driver's license violations.

At 3:20 p.m. Dec. 18, Ness was involved in a three-vehicle accident at the corner of state Highway 197 and Park Avenue Northwest. She provided the officer with a Minnesota identification card. After a check revealed her license was cancelled, she was arrested. Her license has been cancelled since 2002

Jason Elliot King, 29, of Bemidji, pleaded guilty and was sentenced Dec. 7 for gross misdemeanor obstruction of legal process - interfering with a peace officer.

He was sentenced to one year in jail, which was stayed for two years; to be served consecutively with two other cases; supervised probation of two years; pay a fine of $583; follow all instructions of probation; complete chemical dependency evaluation/treatment; follow all recommendations of evaluation; not use or possess alcohol or controlled substances; not enter bars or liquor stores; submit to random testing and remain law-abiding.

At 7:15 p.m. Nov. 21, Bemidji Police officers were dispatched to the 2900 block of Pine Ridge Avenue in response to a report of a fight. While en route an officer observed a man, subsequently identified as King, walking west on 30th Street Northwest. The officer was unable to determine if King was involved in the fight, so he proceeded to the residence to help. At the residence, the officer learned that King was involved in the fight and that he had an outstanding warrant for his arrest. The officer located and attempted to arrest King. While King was being handcuffed he swung his right arm to strike the officer with his elbow. The officer was able to avoid the blow by pushing King away. King advanced towards the officer with his head down and fists clenched and swung at the officer again. The officer ducked and pushed him away. The officer radioed for backup and attempted to handcuff King again, but King grabbed the handcuffs. A wrestling match ensued. The officer pushed King away and King began to run. The officer deployed his taser to subdue King. Another officer arrived on the scene and helped handcuff King, who then refused to get into the car. After many requests the officer used his knee to hit a nerve in his fibula, which caused King to sit down. He has a prior conviction for fourth-degree assault of a peace officer, with conditions of the conviction being that he not consume or possess alcohol and that he must not enter the apartment on the 2900 block of Pine Ridge Avenue. He broke both conditions the evening of this arrest, as he showed signs of intoxication and was known to be present in the apartment at the time of the fight.

Bruce Amon Wambheim, 52, of Northfield, Minn., pleaded guilty and was sentenced Dec. 7 for gross misdemeanor second-degree DWI.

He was sentenced to one year in jail, of which 275 days were stayed for four years. He must serve 85 days in jail with credit for three days served; placed on probation to the courts for four years; pay a fine of $1,333; complete treatment and aftercare; not use or possess alcohol or controlled substances; submit to random testing; not enter bars or liquor stores and not have any same or similar offenses.

At 6:30 p.m. Oct. 24, a Bemidji Police officer responded to a call regarding a vehicle travelling south on Bemidji Road at various speeds and driving all over the road. The officer observed the vehicle perform a right-hand turn and travel down the middle of the street. The vehicle continued at a slow rate of speed and weaving back and forth westbound on 26th Street. The officer initiated a traffic stop and identified the driver as Wambheim, who displayed confusion, slurred speech, bloodshot, watery eyes, the odor of alcohol and was unsteady. He admitted to having had a couple of drinks at his cabin. He failed field sobriety tests and registered a preliminary breath alcohol concentration of .27. He was arrested and transported to the Beltrami County Jail, where he registered a .27. His license had been reinstated and he has four prior DWI convictions.

Joseph Wayne Lorence, 54, of Bemidji, pleaded innocent Dec. 7 to gross misdemeanor fourth-degree assault of a peace officer. His next court date will be March 9.

According to the criminal complaint, at 2:45 p.m. Nov. 12, a 911 dispatcher received a call from Lorence, who reported that his boat had been stolen. The dispatcher asked him to hold for a moment. Lorence hung up and redialed 911. He began to yell at the dispatcher and became belligerent when the dispatcher was unable to determine where the theft occurred. Two officers were dispatched to Lorence's home. They learned that his sailboat, which was located at his ex-wife's residence, had been stolen by his son. The Beltrami County Sheriff's deputy asked him why he was belligerent to the dispatcher. He said the dispatcher should learn to take verbal abuse or find another job. The deputy told Lorence he did not have the right to be rude and verbally abusive to the dispatcher. Lorence then became belligerent and poked the officer forcibly in the chest, which forced the officer backwards. Lorence was arrested and transported to the Beltrami County Jail.

Rodney Kent Johnson, 47, of Bemidji, pleaded innocent Dec. 7 to gross misdemeanor third-degree DWI. His next court date will be March 9.

According to the criminal complaint, at 1:23 a.m. Oct. 11, a man reported a possible drunk driver, who was driving recklessly on Power Dam Road, Sunnyside Avenue and Mill Street. The vehicle then stopped at a residence on the 2000 block of Canoe Lane. A Beltrami County Sheriff's deputy responded to the call and found the vehicle parked in the driveway. Three individuals were identified at the residence, one of whom was Johnson. The vehicle smelled strongly of hot brakes, and all three individuals were extremely intoxicated. Johnson said they had all consumed a fair amount of alcohol at a bar in Nymore. He said that one of the other people drove the truck back to the residence. Another of the individuals said he didn't think he, himself, had driven home that night, but would not say who he believed had driven the truck. The woman in the group said that Johnson had driven the truck. Johnson failed field sobriety tests and refused to provide a breath sample. He was arrested and transported to the Beltrami County Jail, where he refused to submit to testing. In a statement, he admitted to driving the vehicle.

Shane Douglas Clark, 22, of Redby, pleaded innocent Dec. 7 to felony theft of a motor vehicle. His next court date will be March 9.

According to the criminal complaint, at 6:15 a.m. Oct. 19, a Beltrami County Sheriff's deputy responded to the 4800 block of Birdsview Lane Northwest and met with a man who had woken up at 6 a.m. to find his vehicle missing. He explained that the ignition had a broken key in it, which allowed anyone to start the vehicle. He also reported that he had a red tool box with approximately $279 worth of tools in the truck. At noon Oct. 19, Beltrami County Sheriff's deputies responded again to the same address. The man said that Clark had called to tell him that he felt terrible for taking his truck during the early morning hours and that he was returning it. The deputies waited approximately 45 minutes at the residence for Clark. Shortly after they left, Clark arrived with the vehicle. Deputies again responded to the call and found Clark walking in a field near the man's home. He was arrested and transported to the Beltrami County Jail.

In Beltrami County District Court before Judge Shari Schluchter:

Johnathan Matthew Fairbanks, 22, of Bemidji, pleaded guilty and was sentenced Nov. 17 for an amended charge of misdemeanor dangerous weapon - possess dangerous article. The original charge was gross misdemeanor dangerous weapon -- possess dangerous article.

He was sentenced to 90 days in jail, of which 87 days were stayed for one year with credit for three days served; pay a fine of $383, placed on probation to the courts for one year; not use or possess firearms or dangerous weapons and remain law-abiding.

On July 4, Bemidji Police officers responded to a call regarding a fight at the carnival downtown. The officer identified Fairbanks, who admitted to being involved in a fight with a group of people. He had a baton, "sap gloves" (weighted gloves to increase striking force) and a taser. He was arrested and transported to the Beltrami County Jail.

Jason Lee King, 19, of Minnesota Correctional Facility in Faribault, pleaded guilty and was sentenced Dec. 1 for an amended charge of misdemeanor tampering with a motor vehicle/entering without permission. The original charge was for felony theft of a motor vehicle.

He was sentenced to 90 days in jail and must pay a fine of $133, of which $50 is stayed.

At 7:49 p.m. Oct. 5, an off-duty Beltrami County Sheriff's deputy saw a man in a vehicle. The man exited the vehicle and ran west across Norton Avenue into the woods. The deputy called dispatch and gave a description and location of the male. Bemidji Police officers were not able to find a person matching that description. The officers inspected the vehicle and found the driver's window had been smashed out and the steering wheel had been broken and pried open. There was also a small amount of glass on the front seat. On Oct. 7, an investigator from the auto theft division lifted fingerprints from eight different areas on the vehicle. On Dec. 9, the fingerprints were identified as belonging to King.

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