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Beltrami County District Court Report for August 23

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Beltrami County District Court Report for August 23
Bemidji Minnesota P.O. Box 455 56619

In Beltrami County District Court before Judge Shari Schluchter:

James Adam Schummer, 26, of Wilton, sentenced Aug. 17 for felony possession of a pistol/assault weapon, conviction or adjudicated delinquent for crime of violence. The charge of misdemeanor fleeing a peace officer by a means other than a motor vehicle was dismissed. He pleaded guilty July 27.

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He was sentenced to 60 months in prison, given credit for 76 days served and must pay a fine of $161.

At 2:23 a.m. June 3, Beltrami County Sheriff's deputies responded to a report of a fight at the 2800 block of Arrowwood Circle in Bemidji. Deputies were advised that a male suspect had a gun and had left the scene in a truck. Deputies and Bemidji Police officers located the vehicle and initiated a traffic stop. A passenger fled the scene on foot. A gun was found near where Schummer surrendered. The female driver was identified and arrested. She said she and Schummer had gone to her ex-boyfriend's residence, where she got into an argument with her ex-boyfriend. Schummer entered the residence with a gun and a woman called 911.

Joshuah James Tody, 26, of Bemidji, pleaded guilty Aug. 17 to felony fifth-degree possession of drugs and misdemeanor fourth-degree damage to property-intentional. His next court date is Aug. 31.

At 11 a.m. July 14, a woman went to the Beltrami County Law Enforcement Center to report that her cell phone had been stolen. A Beltrami County Sheriff's deputy contacted her, and she said Tody had been involved in a fight with another man that led to both individuals falling against a wall and smashing through the drywall. She also said Tody had taken her cell phone. The property manager at the residence reported the damages and noted that Tody was back at the residence "causing issues." The deputy went to the residence and found Tody leaving. Tody began to argue with the property manager and the deputy asked Tody to stand by his squad car. The deputy noticed he was acting nervous and was having a hard time standing still. When asked what happened, Tody said he had gotten into a verbal argument with the other man. He admitted that he went through the wall and that he pushed the other man into the wall. Another deputy arrived on the scene and observed Tody's behavior and asked him he was on methamphetamine, and Tody replied that he was. Tody was arrested and searched. Deputies found a syringe filled with liquid in his front pocket. The liquid in the syringe field-tested positive for meth.

Todd Elmer Leroy Kise, 25, of Laporte, pleaded innocent Aug. 17 to gross misdemeanor driver fail to stop-injury/death and misdemeanor driving after suspension. His next court date is Aug. 25.

According to the criminal complaint, at 6:17 p.m. July 9, a Bemidji Police officer and other law enforcement officers responded to an accident involving personal injuries at a gas station on Minnesota Highway 197. The two vehicles were found parked in the parking lot of the gas station. A female passenger of one of the vehicles was complaining of soft-tissue injuries in her neck, right arm, back and leg. The driver of that vehicle, identified as Kise, had fled the scene, the complaint states. A Minnesota state trooper located Kise a block north of the gas station and brought him back to the scene, according to the complaint. The driver of the other vehicle told officers he had been traveling west on Highway 197 when the vehicle driven by Kise suddenly made a left turn across his lane of traffic and into the parking lot and he was unable to avoid the collision with Kise's vehicle, the complaint states.

Kise has never had a valid driver's license, the complaint states.

Bryan Lee Johnson, 22, of Bemidji, pleaded guilty and was sentenced Aug. 17 for gross misdemeanor second degree DWI.

He was sentenced to one year in jail, of which 345 days were stayed for three years. He must serve 15 days on work release with credit for two days served. He may serve his sentence in another county if at no expense to Beltrami County. He must serve three years of probation, pay a fine of $958, complete chemical dependency evaluation and treatment within 45 days and follow recommendations, not have any alcohol violations, avoid bars or liquor stores, submit to random testing and remain law-abiding.

At 3:45 p.m. June 30, an off-duty BCA agent initiated a traffic stop on a vehicle which was traveling 80-85 mph in a 60 mph zone. The vehicle also made an illegal pass and almost hit another car head-on. The agent called Beltrami County sheriff's deputies for assistance. The deputy arrived on the scene and transported the driver, identified as Johnson, to jail, as he was being arrested for DWI and on an outstanding warrant. Johnson's speech was slurred and he was very hard to understand. He also had bloodshot, watery eyes, smelled of alcohol and was unsteady on his feet. He registered a blood-alcohol concentration of .20.

Craig Anthony Heisz, 46, of Bemidji, pleaded guilty and was sentenced Aug. 17 for gross misdemeanor third-degree DWI.

He was sentenced to one year in jail of which 325 days were stayed for four years. He must serve 45 days in jail on work release, serve four years of probation, pay a fine of $1,208; complete chemical dependency evaluation and treatment within 45 days and follow recommendations, not have any alcohol violations, avoid bars or liquor stores except for work purposes, submit to random testing and remain law-abiding.

At 12:43 p.m. Aug. 11, a Beltrami County sheriff's deputy observed a vehicle traveling on a closed portion of U.S. Highway 2. The bridge over the railroad trestle west of U.S. Highway 2 and state Highway 89 had been closed at 8 a.m. Aug. 10. A detour had been established and many signs and barriers were erected to prevent vehicles from traveling on the closed portion. The deputy initiated a traffic stop and identified the driver as Heisz. Heisz smelled of alcohol, had slurred speech and bloodshot, watery eyes and failed field sobriety tests. He registered a preliminary blood-alcohol concentration of .212. He was arrested and transported to jail. At the jail, Heisz agreed to give a urine sample, which was sent to the Bureau of Criminal Apprehension for analyzed.

At the time of the report, his license was revoked and he had three prior DWI convictions within the past 10 years.

Lester Eddy Bell, 45, of Grand Rapids was sentenced Aug. 19 for gross misdemeanor second-degree DWI-refusal to submit. He pleaded guilty June 15.

He was sentenced to one year in jail of which 276 days were stayed for four years. He must serve 89 days in jail on Sentence to Serve, serve four years of probation, pay a fine of $1,111, not use or possess alcohol or controlled substances; submit to random testing; not enter bars or liquor stores, and remain law-abiding.

On Jan. 18, a Beltrami County sheriff's deputy responded to the area of state Highway 72 Northeast and Liliput Lane Northeast north of Kelliher in response to a vehicle in the ditch. Bell was asked to exit the vehicle. He fell numerous times while getting out of the vehicle. He failed to comply with field sobriety tests. Bell was arrested and transported to Beltrami County Jail, where he refused to submit to testing. He has five prior DWI convictions.

E Lynnette LeeAnn Geiselhart, 25, of Remer, pleaded guilty and was sentenced Aug. 17 for gross misdemeanor third-degree DWI.

She was sentenced to one year in jail, of which 335 days were stayed for three years; the sentence will be served consecutively with a separate case and she must serve 26 days on work release with credit for four days served. She must serve three years of probation, pay a fine of $1,208, complete a chemical dependency evaluation and treatment and follow recommendations, not use alcohol; not enter bars or liquor stores, submit to random testing and remain law-abiding.

At 4:40 p.m. May 1, a Minnesota state conservation officer was traveling on U.S. Highway 71 and U.S. Highway 2 when he observed a vehicle being driven erratically. The officer stopped the vehicle and contacted a Minnesota state trooper to complete the investigation. The driver was identified as Geiselhart, who had bloodshot, watery eyes and smelled of alcohol. She failed field sobriety tests and was arrested and transported to jail, where she registered a blood-alcohol concentration of .15. She has a prior DWI conviction.

Randy Joe Kingbird, 27, of Ponemah, pleaded guilty and was sentenced Aug. 19 for gross misdemeanor second-degree DWI.

He was sentenced to one year in jail, of which 321 days were stayed for three years. He must serve 37 days in jail on work release or Sentence to Serve with credit for seven days served, serve three years of probation, pay a fine of $833, complete an outpatient treatment program in which he is already enrolled; not have any alcohol violations; not enter bars or liquor stores; remain law-abiding and submit to random testing.

At 5:57 p.m. June 9 a Beltrami County Sheriff's deputy responded to a report of a vehicle in a ditch on Pioneer Road Northeast with two children in the car as well as two adults stumbling around the vehicle who were possibly intoxicated. The deputies arrived identified the driver of the vehicle as Kingbird and Tera Lynn Tibbetts as the passenger. Both adults appeared heavily intoxicated. Their speech was heavily slurred and they had bloodshot, watery eyes. Kingbird admitted to driving the vehicle, and Tibbetts corroborated his story.

Juanita Marie Pacheco, 32, of Minneapolis, pleaded guilty and was sentenced Aug. 17 for gross misdemeanor DWI.

She was sentenced to one year in jail, of which 335 days were stayed for three years. She must serve 26 days on Sentence to Serve with credit for four days served, serve three years of probation, pay a fine of $1,205, remain law-abiding, not use alcohol, not enter bars or liquor stores, submit to random testing and complete chemical dependency evaluation and treatment within 45 days and follow recommendations.

At 4 a.m. Feb. 28, 2008, a Beltrami County Sheriff's deputy initiated a traffic stop on a vehicle traveling at 75 mph in a 65 mph zone. The driver was identified as Pacheco, who admitted she did not have a valid driver's license. The deputy detected a strong odor of alcohol in the vehicle and saw that Pacheco's eyes were bloodshot and slightly watery. Pacheco registered a preliminary blood-alcohol concentration of .125 and failed field sobriety tests. She was arrested and transported to the jail, where she registered a blood-alcohol concentration of .11. She has a prior DWI conviction and her license was revoked at the time of the arrest.

Raymond Whitfield Sr., 36, of Bemidji, pleaded guilty Aug. 17 to felony identity theft. His next court date is Sept. 28.

On Jan. 14, a detective from the Bemidji Police Department met with a woman regarding correspondence received in regard to a credit card taken out in her 3-year-old son's name. On Feb. 5, the detective contacted the credit card company and confirmed that there were eight separate attempts from Oct. 26 to Nov. 10, 2008, and one of those applications had been accepted Oct. 26. All applications were sent via the internet using the names and Social Security numbers of all three of her children. The 3-year-old's application was the only one that was accepted; the card had a credit limit of $500 and a balance of $458.52. An administrative subpoena was delivered to Qwest Communications for the subscriber information for the IP address where the internet applications originated. On Feb. 9, Qwest provided the detective with the address. The address matched Whitfield's address. The detective contacted the store where the card was used and viewed surveillance camera footage, which showed Whitfield and a female using the card to make purchases. Whitfield stated that he had never had a credit card and that someone else had used his computer to apply for the card. When he was shown the video surveillance, he admitted it was him, but said he had used his EBT card for that transaction. Social Services did not show any transactions from the store on his EBT card.

Michael David Millar, 35, of Bemidji, pleaded innocent Aug. 17 for gross misdemeanor driving after cancellation as inimical to public safety. His next court date is Nov. 17.

At 10:51 p.m. May 30, a Beltrami County Sheriff's deputy observed a vehicle traveling 56 mph in a 45 mph zone south on County Road 15. The deputy initiated a traffic stop and identified the driver as Millar. Millar admitted that he did not have a driver's license. His license was canceled in December 1998 and has not been reinstated.

In Beltrami County District Court before Judge John Melbye:

Kyle David Jordet, 19, of Bemidji and was sentenced Aug. 13 for gross misdemeanor second-degree DWI and felony fleeing a police officer in a motor vehicle. A gross misdemeanor charge of driving after cancellation as inimical to public safety and misdemeanor charge for fleeing a peace officer by means other than a motor vehicle were dismissed. He had pleaded guilty June 29.

For the first count, he was sentenced to one year in jail, of which 329 days were stayed for four years. He must serve 36 days in jail to be served consecutively with a separate case, serve four years of supervised probation; pay a fine of $3,208 with $2,500 stayed; complete chemical dependency evaluation and treatment and follow recommendations, complete aftercare, not use or possess alcohol or controlled substances, not enter bars or liquor stores, remain law-abiding, not have any same or similar offenses and submit to random testing and searches.

For the second count, he was granted a stay of imposition with successful completion of probation resulting in a misdemeanor conviction. He was sentenced to 60 days in jail with credit for 37 days served and must serve four years of supervised probation, complete cognitive skills training, supply a DNA sample and pay a fine of $750.

At 3:13 a.m. March 31, a Bemidji Police officer saw a truck stopped in the parking lot at Cameron Park. The officer parked the squad car so it was partially blocking the exit and motioned for the vehicle to stop. The vehicle veered around the squad car and proceeded to Birchmont Drive Northeast. The officer followed tire tracks in the snow to a residence on the 2000 block of Birchmont Drive. Two women occupied the vehicle and fresh tracks were found outside the driver's side door. Jordet smelled of alcohol, had bloodshot, watery eyes and slurred speech and was unsteady on his feet. He refused to comply with field sobriety tests and registered a preliminary blood-alcohol concentration of .157. He was arrested and transported to Beltrami County Jail, where he registered a .16 blood-alcohol concentration. At the time of the report his license was cancelled as inimical to public safety. He has four prior DWI convictions. His license was revoked in February 2006 and May 2008.

Robert Curtis Newago, 25, of Bemidji was sentenced Aug. 13 for felony fifth-degree possession of drugs. He pleaded guilty July 6.

He was sentenced to one year and one day in prison, stayed for five years. He must serve 127 days in jail on work release with credit for 53 days served and furlough granted to attend treatment, serve five years of supervised probation, pay a fine of $1,111, not use or possess alcohol or drugs, not be in the presence of anyone using alcohol or drugs, submit to random testing, complete chemical dependency evaluation and treatment and follow recommendations, complete aftercare; submit a DNA sample; remain law-abiding and not have any same or similar offenses.

At 6 p.m. June 19 a Beltrami County sheriff's deputy was concluding his shift when he noticed a vehicle stopped on the side of the road. The vehicle appeared to be having mechanical problems, as smoke was coming from the engine compartment. The deputy stopped. A woman exited the vehicle and told the deputy the vehicle was having engine problems. The deputy offered his cell phone to the woman and went to see if he could assist the driver. He saw Newago attempting to hide numerous plastic baggies containing what appeared to be marijuana in the battery compartment of the engine. He was arrested for attempting to destroy or conceal evidence of drugs. Newago panicked and attempted to escape from the deputy's hold on three occasions. Another deputy arrived on the scene and seized from Newago's person a clear plastic bag containing marijuana, several marijuana cigarettes and a clear bag containing a white powdery residue that later tested positive for methamphetamine. A bag containing marijuana and another bag of meth were removed from the engine compartment near the radiator and the battery area. Newago has a prior disposition for felony fifth-degree possession of controlled substances. The court stayed adjudication on his guilty plea July 3, 2006.

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