Beltrami County District Court
In Beltrami County District Court before Judge Paul Benshoof:
Fredric Clark Murray, 47, of Bemidji, pleaded innocent Dec. 28 to gross misdemeanor emergency telephone calls/interference with a 911 call. His next court date will be March 9.
According to the criminal complaint, on Nov. 17, Bemidji Police officers responded to a domestic altercation between Murray and a woman. Murray was intoxicated. The situation was brought under control and the officers left the scene. One hour later, the officers were dispatched to the same residence in response to a report that Murray had attempted suicide. At the scene, officers found Murray, who had lacerations on each side of his neck. The woman reported that she had gone to bed after the officers left the first time and had been awakened by Murray kicking in the bedroom door. Murray crawled on top of her and said he had cut his neck and was going to blame her for it. He said he was going to kill her and himself. The woman attempted to call 911, but Murray grabbed the phone and threw it. Murray was arrested for interfering with an emergency call.
Daniel Ryan Goodbuffalo, 30, of Red Lake, pleaded guilty Dec. 28 to felony second-degree burglary and felony - felon convicted crime or violence-firearm violation. His next court date will be Feb. 8.
Goodbuffalo is a known burglar, who has also been convicted of being an ineligible person in possession of a firearm. He was still on probation for those convictions in August when this crime was committed. On Aug. 22, Beltrami County Sheriff's deputies responded to a report of a burglary in progress on the 35000 block of Arnson Creek Road N.E. The owners of the residence had returned home and caught the burglars "in the act." The burglars fled the scene and had been pursued by one of the homeowners. The homeowner was able to get a description of the vehicle and the license plate. The vehicle was heading in the direction of the Red Lake Indian Reservation. Red Lake Tribal Police agreed to watch for the vehicle. The owners identified the burglars as a man and woman and were able to give descriptions of clothing and characteristics. A shotgun and a handgun had been stolen from the home. Red Lake Police apprehended the burglars. The handgun was found under the hood of the vehicle. The shotgun was found in a nearby wooded area. A camera and prescription medications which belonged to the homeowners were found in the vehicle. Goodbuffalo had been previously banished from the Red Lake Indian Reservation by the tribal counsel and was turned over to Beltrami County Law Enforcement. In a subsequent "show up," both homeowners identified Goodbuffalo as the burglar.
Jared Nathan Danielson, 19, of Bemidji, pleaded guilty Oct. 26 and was sentenced Dec. 7 for felony theft.
He was granted a stay of imposition with successful completion of probation resulting in a misdemeanor conviction. He must serve 12 days in jail with credit for 24 days; five years of supervised probation; follow all instructions of probation; pay restitution; not use alcohol or controlled substances; submit to random testing; not enter bars or liquor stores; maintain appointments with mental health provider and follow all recommendations; take medications in the prescribed dosage and frequency; complete cognitive skills training; complete treatment and attend living skills program at Evergreen House; no contact with victim; no contact with co-defendant; obtain a GED and remain law-abiding. He must pay a fine of $3,125.59, which includes $2,042.59 in restitution.
At 1:45 a.m. Oct. 2, a Beltrami County Sheriff's deputy was informed by a Clearwater County Sheriff's deputy that she had recovered a stolen four-wheeler from two individuals in Shevlin. The individuals reported that they had purchased the four-wheeler from two men, one of whom was known as Jared, for a dirt bike and $100. The individuals thought the deal was too good to be true and contacted the Clearwater County Sheriff's Office. The individuals also said that there were two other four-wheelers and a Polaris Ranger parked at the residence. A Beltrami County deputy began investigating the case and received a call from a resident on Balsam Road regarding two four-wheelers trespassing on his yard. The resident followed the vehicles back to a residence located on the 6000 block of Scribner Road N.W. The deputies proceeded to the residence where they found a Polaris Ranger and two four-wheelers. The owner of the residence said it was likely his son and his friend Jared that had been trespassing. The vehicles matched the description of the vehicles that were stolen in Hubbard County. The deputies impounded the vehicles in question and attempted to contact Jared Danielson and the other man, but were unsuccessful. On Oct. 3, Danielson called the law enforcement center and agreed to meet with the deputy. Danielson reported that he did sell the four-wheeler to an individual in Clearwater County, and that he had purchased the four-wheeler along with ones taken form the residence the night before in the parking lot of a local store. Danielson produced a receipt which he said the seller filled out. He said he and the other man had thought that $1,200 for three four-wheelers was too good to pass up. Danielson paid $400 and the other man paid $800. The other man eventually admitted that they had not purchased the vehicles; rather, he and Danielson had stolen the vehicles from a residence in Hubbard County. They decided to bring the four-wheelers to the house on Scribner Road, because it was off the beaten track and was easily accessible to four-wheeler trails. The man reported that Danielson had created the receipt and had one of his friends forge the signature. In a statement, Danielson admitted that he knew the four-wheelers were stolen as he had helped steal them. Both Danielson and the other individual were arrested.
Derrick Emerson Smith, 24, of Bemidji, pleaded guilty Dec. 29 to felony theft of a motor vehicle. His next court date will be Jan. 19.
At 8:43 a.m. April 24, a vehicle was reported stolen by its owner. The owner reported that on April 23, he left his vehicle which had mechanical problems at a female friend's home. He left the keys to the vehicle in the woman's house. The next morning the vehicle was gone. The woman informed the owner of the vehicle that Smith and a woman had stayed at her home that night. The female guest identified Smith as the person who took the man's vehicle driving away in the man's vehicle. Another woman gave a statement saying that she arrived home to find Smith and a woman attempted to get into a locked vehicle. She noted that Smith could not get into the vehicle so he broke out the passenger side window. On April 26, Itasca County Sheriff's deputies responded to an assault in Ball Club. One of the individuals involved was Smith, who requested that the officers tow his vehicle from the residence where the altercation had taken place. Smith had changed the plates on the stolen vehicle, so that the theft would go undetected.
Carl Francis Fairbanks Jr., 21, of Redby, pleaded guilty Nov. 25 and was sentenced Dec. 28 for gross misdemeanor domestic assault-subsequent violation. A gross misdemeanor charge of interfering with an emergency telephone call was dismissed at sentencing.
He was sentenced to one year in jail, of which 347 days were stayed for two years. He must serve six days in jail; credit granted for 12 days served; sentence to be served consecutively with a separate case; two years of supervised probation; pay a fine of $583; follow all instructions of probation; comply with a domestic no contact order; not enter victim's residence; not use or possess of firearms or dangerous weapons and comply with all Minnesota and Federal Statutes related to firearm possession; not have any same or similar offenses; complete a chemical dependency evaluation/treatment; follow recommendations of evaluation; complete domestic abuse counseling and treatment; complete aftercare; not use alcohol or controlled substances and submit to random testing.
On Nov. 7, Bemidji Police officers responded to a 911 hang-up from the 2500 block of Ridgeway Avenue. A woman holding a crying baby answered the door and said that Fairbanks was in the basement. She was visibly upset. In a subsequent statement, she said they had received a phone call from a male friend and that Fairbanks had become very angry. She said that he got on top of her and tried to punch her in the face with a closed fist. She said that she blocked the punch and that Fairbanks got off her and asked if she was ready to get beaten. She called 911 but Fairbanks grabbed the phone and shut it off. Dispatchers called back, but Fairbanks told her not to answer. Fairbanks gave a statement saying that they had gotten in an argument over a phone call and that when she called the police he took the phone and hung it up. He said he knew she had called the police because she was afraid of him. He denied hitting or pushing her. On Sept. 14, 2007, he was convicted and sentenced for fifth-degree domestic assault in Beltrami County. On Aug. 19, 2008, he was charged with fifth-degree domestic assault. This case is unresolved and a warrant had been issued for his failure to appear in court. Both cases involved the victim in the case above.
Josiah Timothy Kondos, 20, of Bemidji, pleaded guilty Oct. 26 and was sentenced Dec. 28 for gross misdemeanor indecent exposure/lewdness or procure another to expose in presence of a minor under the age of 16.
He was sentenced to one year in jail, of which 327 days were stayed for two years. He must serve eight days on Sentenced To Service with credit for 26 days served; pay a fine of $383; follow all instructions of probation; attend a sex offender program; complete treatment and cooperate and attend individual therapy; submit to polygraph examinations as directed; take medications in the prescribed dosage and frequency; have no contact with victim or family; must not have unsupervised contact with persons under the age of 16 or younger; supervised contact if pre-approved by the Department of Corrections; not enter victim's residence; not use or possess alcohol or controlled substances; submit to random testing; not have access to or use the internet without approval or use or possess a cell phone without approval from DOC agent; not possess, or use any pornographic/sexually explicit material; remain law-abiding; restitution reserved.
On April 24, a 15-year-old girl ran away from home and was picked up by a friend and driven to Kondos home, where she performed fellatio on Kondos, who was 19-years-old.
Clayton Lewis Barrett, 54, of Red Lake, pleaded guilty and was sentenced Dec. 28 for gross misdemeanor driving after cancellation as inimical to public safety.
He was sentenced to 91 days in jail, of which 89 days were stayed for two years; he served two days in jail; must not have any driver's license violations or same or similar offenses; placed on probation to the courts for two years and pay a fine of $433.
At 7 p.m. April 27, a Beltrami County Sheriff's deputy saw a vehicle turn into a convenience store and pull up to the building. The deputy followed the vehicle and was informed by dispatch that the vehicle was registered to Barrett, whose license was revoked as inimical to public safety. The deputy initiated a traffic stop and identified the driver as Barrett. Barrett indicated he had passed the driver's test to reinstate his privileges, but had yet to pay the reinstatement fee.
Crystal Lee Hickman, 31, of Red Lake, pleaded guilty and was sentenced Dec. 28 for gross misdemeanor second degree DWI - refusal to submit.
She was sentenced to one year in jail, of which 335 days were stayed for three years. She must serve 30 days in jail; placed on probation to the courts for three years; pay a fine of $858; complete a chemical dependency evaluation and treatment; follow recommendations of evaluation; not drink and drive; submit to random testing and not have any same or similar offenses.
At 4:45 a.m. Dec. 13, Bemidji Police officers responded to a call regarding a drunk driver who was ordering food from a fast food drive-thru window. An officer arrived on the scene and saw the vehicle in question parked at the window. The driver, who was subsequently identified as Hickman, was found sleeping in the driver's seat. She displayed the odor of alcohol, failed field sobriety tests and registered a preliminary breath alcohol concentration of .157. She was arrested and transported to the Beltrami County Jail, where she refused to submit to further testing because she "already took too many tests." Her license was revoked and she has one prior DWI conviction.
Robert Charles Mantia, 44, of Bemidji, pleaded innocent Dec. 28 to gross misdemeanor third-degree DWI - refusal to submit. His next court date will be March 9.
According to the criminal complaint, at 4:22 p.m. May 20, a Bemidji Police officer responded to a call regarding a possible drunk driver. The driver was driving in an erratic manner, was passing vehicles on the right and at one point the driver was slumping over the wheel and yelling obscenities at the caller. Bemidji Police officers found the vehicle and initiated a traffic stop. They identified the driver as Mantia, who displayed odor of alcohol and bloodshot eyes. He admitted that he had been drinking beer at a friend's home that day. He failed field sobriety tests and refused to complete a preliminary breath alcohol test. He was arrested and transported to the Beltrami County Jail. He declined the opportunity to call a lawyer and then refused to submit to further testing citing his "lawyer tells me not to cooperate." He has no prior convictions.
Derek James Laduke Sr., 38, of Bemidji, pleaded guilty Dec. 7 and was sentenced Dec. 21 for gross misdemeanor third-degree DWI and gross misdemeanor driving after cancellation as inimical to public safety.
He was sentenced to one year in jail, of which 314 days were stayed for three years. He must serve 43 days in jail; granted credit for four days served; placed on probation to the courts for three years; pay a fine of $1,108; sentence to be served consecutively with a separate case; complete a chemical dependency evaluation/treatment and follow recommendations of evaluation; not have any alcohol violations; submit to random testing; remain law-abiding; not have any drivers license violations; not drive without insurance.
At 9:05 p.m. Oct. 21, a Blackduck Police officer learned from a Beltrami County Sheriff's deputy that a vehicle was heading towards Blackduck at a high rate of speed, traveling at 72 mph in a 60 mph zone. The officer found the vehicle and initiated a traffic stop. He identified the driver as Laduke, who displayed the odor of alcohol, slurred speech and bloodshot, watery eyes. There was also a small child asleep in the car, identified as his son. He failed field sobriety tests and registered a preliminary breath alcohol concentration of .190. He was arrested and transported to North Country Regional Hospital for a blood test to confirm alcohol concentration. He has six prior DWI convictions between 1989 and 1997. He also has two prior convictions for criminal vehicular operation and his license had been cancelled as inimical to public safety since 1994.
Levi George Wind, 35, of Cass Lake, pleaded guilty and was sentenced Dec. 21 for gross misdemeanor third-degree DWI.
He was sentenced to one year in jail, of which 336 days were stayed for three years; placed on probation to the courts for three years; must serve eight days in jail; credit given for 11 days served; pay a fine of $1,108; complete a chemical dependency evaluation/treatment within 45 days; follow recommendations of evaluation; not have any alcohol violations; not enter bars or liquor stores; submit to random testing; not have any driver license violations; not drive without insurance.
At 11:50 p.m. Dec. 11, a Bemidji Police officer was dispatched to call regarding a possible drunk driver. The officer saw the vehicle parked on the west side of Minnesota Avenue. The vehicle was running and the brake lights were on. The driver, subsequently identified as Wind, was passed out behind the steering wheel. The officer awakened Wind, who then failed field sobriety tests. He registered .27 blood alcohol concentration. He was arrested and transported to the Beltrami County Jail, where he provided a urine sample for further tests. His license is revoked in Minnesota. He has one prior DWI.
In Beltrami County District Court before Judge Shari Schluchter:
Anthony Allen Magnuson, 28, of Bemidji, pleaded guilty Nov. 18 and was sentenced Dec. 21 for felony drugs second-degree - sale of 3 grams or more of cocaine/
heroin/methamphetamine within a 90-day period and felony drugs, third-degree - sale of a narcotic.
He was sentenced to 48 months in prison, stayed for 25 years, mitigated downward because he is amenable to probation, chemical dependency treatment and shows remorse/accepts responsibility. He must serve 199 days in jail, served concurrently with the second count; 25 years of supervised probation; pay a combined fine of $2,091; enter into and complete all phases of the Teen Challenge program; not use or possess alcohol or controlled substances; submit to random testing and searches; not enter bars or liquor stores; not be in the presence of anyone consuming drugs or alcohol. Magnuson must be transported directly into treatment and is able to be transported by his family; supply a DNA sample and complete aftercare. Count 2: supervised probation for 20 years and must follow all conditions for count 1.
On May 5, agents of the Paul Bunyan Drug Task Force and the Headwaters Safe Trails Task Force purchased 7 grams of methamphetamine for $750 from Magnuson. On July 9, agents purchased 22 morphine pills for $150 from him.
Todd Michael Johns, 24, of Red lake, pleaded guilty Nov. 17 and was sentenced Dec. 21 for felony domestic assault. The felony charge of violation of a no-contact order within 10 years of the first of two or more convictions was dismissed.
He was sentenced to 18 months in prison, which was stayed for five years. He must serve 58 days in jail with credit given for 116 days served; five years of supervised probation; pay a fine of $1,083; restitution reserved; comply with domestic no contact order, which may be modified if significant progress in domestic violence programming, recommendation by agent and counselor AND formal approval by the Court; complete aftercare; sign all releases of information; complete a men's re-education battery group or comparable domestic violence education; submit to random testing and searches of person, residence or vehicle; not use or possess alcohol or controlled substances; not enter bars or liquor stores; take medications in the prescribed dosage and frequency; submit a DNA sample; follow all instructions of probation; complete a psychological evaluation/treatment and follow recommendations of evaluation.
On the morning of July 31, Bemidji Police officers responded to a call regarding a domestic dispute between Johns and a woman and found Johns assaulting the woman on a couch in an apartment. He did not respond to requests to get off the woman and the police had to physically remove him. Three children were found sleeping in an adjoining bedroom. Johns has prior convictions for domestic assault and violation of no contact orders.
Jennifer Elizabeth Rogers, 21, of Hines, pleaded innocent Dec. 21 to gross misdemeanor obstruction of the legal process/interfering with a peace officer and gross misdemeanor liquor consumption by persons under 21. Her next court date will be Feb. 9.
According to the criminal complaint, at 12:20 a.m. Aug. 28, Bemidji Police officers responded to a report of a man and woman arguing over car keys at a home on the 800 block of 26th Street N.W. The caller reported that the woman was intoxicated and had taken the car keys in attempt to leave. Officers proceeded to the area and saw a woman identified as Rogers walking on the sidewalk. The officer identified her by her first name. She said I am not Jennifer and kept walking. A witness confirmed that she was Rogers. The officer observed a strong odor of alcohol and ordered her to complete preliminary breath alcohol tests as she was under the age of 21. She accompanied the officers to the patrol car, where she was ordered to have a seat. She refused to comply, when informed that she was under arrest, she began to run. Officers forced her to the ground, where she continued to battle, at one point kicking one of the officers. The officers were eventually able to handcuff her, and she had to be picked up off the ground and walked to the car, where she again refused to enter the vehicle. They were able to put her in the car, but the she slid onto her stomach and refused to go any further. While on her stomach, she began to kick at the officer. After some time, the officers were able to get her into the car. She refused to comply with a preliminary breath alcohol test and was taken to the Beltrami County Jail. She has two prior convictions for minor consumption and a prior conviction for disorderly conduct and fifth degree assault.