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Beltrami County District Court report for July 19

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Bemidji, 56619
Bemidji Minnesota P.O. Box 455 56619

In Beltrami County District Court before Judge Paul Ben-shoof:

John Elmer Erickson, 42, of Hines, was sentenced June 30 for an amended charge of felony second-degree assault with a dangerous weapon and felony false imprisonment. He had pleaded guilty June 2.

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The original charge was for felony kidnapping to commit great bodily harm/terrorize.

For the first charge, the sen-tence was 54 months in prison, which was stayed for seven years, with seven years of supervised probation.

He must serve 209 days in jail, with credit for 156 days served; the sentence will be served concurrently with a separate case. He must pay a fine of $1,111; follow all instruc-tions of probation; have no contact with co-defendant James Black; have no contact with the victim; write a letter of apology; avoid anyone that is using drugs or alcohol; submit to random testing; complete cognitive skills training if Department of Corrections deems appropriate; supply DNA sample; remain law-abiding and not use or possess firearms or other dangerous weapons.

For the second charge, the sentence was 12 months and one day in prison, stayed for five years, with five years of supervised probation. The sentence will be consecutive to the first charge. He must follow all conditions of the first charge and pay a fine of $508.

On Jan. 9, Beltrami County Sheriff's deputies responded to a reported assault and kidnap-ping involving a man. The man entered the residence where he met Erickson, another man and a woman. Erickson held the male victim, while the other man struck him in the forehead with a baseball bat. The assail-ants forced the man into a car against his will for transport to the other man's residence. The victim was eventually able to escape from the residence.

Erickson has a prior convic-tion of first-degree sale of a controlled substance and felony conviction of a firearm in violation of a stay of execution.

Quentin Gary Burns, 40, of Kelliher, pleaded innocent July 13 to felony domestic assault by strangulation. His next court date is Sept. 22.

According to the criminal complaint, at 11:30 p.m. Feb. 13, Beltrami County Sheriff's deputies responded to the 10000 block of Knappen Hill Road N.E. in Port Hope Town-ship for a domestic distur-bance. A child had informed dispatch that her mother was being choked and assaulted by her boyfriend. Deputies were met at the door by a woman who reported that she and Burns were involved in an "on again, off again" relationship, according to the criminal complaint. She said they had gotten into an argument and Burns, who had been drinking, had barricaded her against her will in a back bedroom of her home, the complaint stated. She eventually escaped from the room, at which point Burns chased her and physically assaulted her, according to the complaint. She said Burns pushed her down and was on top of her with his hands around her neck, choking her, the complaint stated She attempted to scream, but was unable to do so because she was being strangled, according to the complaint. Her child was able to escape and call 911, the complaint stated.

Burns was arrested on two outstanding warrants for disorderly conduct and fifth-degree assault. He said he and his live-in girlfriend had gotten into an altercation and that things had gotten "out of hand." Burns said she told him to leave and said she was going to call the cops.

He was charged with fifth-degree assault in October 2008 and disorderly conduct on Sept. 11, 2008.

Also related to the case, on April 16, a woman reported receiving 40 harassing phone calls from Burns. There was a court-ordered no-contact order in place between the woman and Burns. The court order was activated when Burns was arrested for felony domestic assault by strangulation on Feb. 13. The female asked that Burns be spoken to about these calls. A Beltrami County Sheriff's deputy entered his place of residence but was unable to locate him. They did locate a caller ID box that showed three calls from the woman who made the report and a message on the answer-ing machine that said, "Quen-tin, I love you and I want you to be the man you used to be."

Frank Eugene Mustache, 23, of Wilton, pleaded innocent July 13 to felony second-degree assault with a dangerous weapon, misdemeanor fourth-degree damage to property and misdemeanor fleeing a peace officer by means other than a motor vehicle. His next court date is Sept. 22.

According to the criminal complaint, at 12:05 a.m. April 1, a Bemidji Police officer re-sponded to the area of 26th Street N.W. and Park Avenue Northwest regarding a call about an altercation involving weapons taking place in a small car. Dispatch had heard in the background, "I am going to kill that witch," the com-plaint stated. The officer lo-cated the vehicle parked on the 2500 block of Park Avenue; the female driver was identified and the officer saw three men running in different directions away from the vehicle, accord-ing to the complaint. The officer saw a man running toward him with a shotgun, the complaint stated. The man was ordered to drop the weapon and did so immediately, after which he was arrested and placed in the squad car, ac-cording to the complaint. A Beltrami County Sheriff's deputy arrived to assist the officer.

The woman told the officer that she and three men, includ-ing Mustache, had driven to the 2500 block of Park Avenue to confront a man and a woman about property damage that occurred at her grand-mother's home, according to the complaint. Two individuals got into a fight and broke several glass windows at the home, she said, according to the complaint. The officer returned to the gun and found it to be loaded with one round chambered and two more in the magazine, the complaint stated. Two shotgun shells were on the ground at the north end of the parking lot and additional shells matching the brand of the gun were found in the car, the complaint stated.

Four men and two women were taken to Beltrami County Jail. In a statement, the woman said she drove a vehicle with Mustache in the front seat and the other men in the back, with Mustache holding a shotgun, the complaint stated. She drove to Park Avenue, where the males exited the vehicle, with Mustache still carrying the shotgun, the complaint stated. She said she lost sight of the men and was unsure of what happened next, the com-plaint stated. Mustache and the others declined to speak with-out an attorney present, ac-cording to the complaint.

The male individual who was found running in the parking lot with the shotgun reported that he was at the apartment on the 2500 block of Park Ave-nue when he looked outside to find three males and a female standing around his friend's vehicle, the complaint stated. He said they were hitting the car with what appeared to be clubs, and he and his sister went outside to confront them, according to the complaint. He reported that the man, called Frank by his friends, turned around with a shotgun in his hands, and the man, subse-quently identified as Mustache, chambered a round into the shotgun and pointed it at his face, the complaint stated. The man said the barrel was 3-5 inches from his face and Mus-tache told him to get back, according to the complaint. He reported that he was walking backward when Mustache struck him with the butt of the shotgun, the complaint stated. At that point, everyone saw the officer and scattered, according to the complaint. The man began to chase after Mustache, who attempted to turn around and strike him again with the gun, but ended up dropping the gun, the complaint stated. The man picked it up and returned to the parking lot, according to the complaint.

Jessica Marie Kondos, 30, of Bemidji, was sentenced July 13, for felony fifth-degree pos-session of drugs. She had pleaded guilty June 15.

She was sentenced to 13 months in prison, which was stayed for five years, with five years of supervised probation. She must serve 20 days in jail with credit for 40 days served; pay a fine of $1,108; follow all instructions of probation; complete inpatient treatment at Northland Recovery Center Women's Unit and complete aftercare; not use alcohol or controlled substances; submit to random testing; not have any alcohol in her residence; submit a DNA sample and remain law abiding.

At 7:50 a.m. June 12, 2008, Beltrami County Sheriff's deputies executed a search of a residence on the 4900 block of Balsam Road. Deputies and Paul Bunyan Drug Task Force agents seized a small vial with white residue that field-tested positive for methamphetamine. She was arrested for violating the conditions of a previous conviction.

Tyler Maurice Roy, 23, of Bemidji was sentenced July 14 for gross misdemeanor driving after cancellation as inimical to public safety. He had pleaded guilty July 13.

He was sentenced to one year in jail, of which 10 months and 22 days were stayed for two years, with two years of supervised probation. He must serve 12 days in jail with credit for 27 days served; pay a fine of $583; remain law abiding; follow all instructions of probation; not drive without insurance and not have any driver's license violations.

At 9:25 p.m. April 15, a Beltrami County Sheriff's Deputy initiated a traffic stop for equipment failure. The driver was identified as Roy. His license was cancelled as inimical to public safety in May 2006 and had not been rein-stated. The vehicle also had expired tabs.

Cecelia Marie Ogema-Benaise, 34, of Cass Lake, pleaded innocent July 13 to gross misdemeanor criminal vehicular homicide or opera-tion-alcohol concentration .08 or more within two hours of driving. Her next court date is Sept. 22.

At 10:38 p.m. Nov. 1, a Beltrami County Sheriff's deputy responded to a one-vehicle rollover accident on Mission Road near Prince of Peace Lane in Ten Lake Town-ship. The vehicle had lost control on a curve due to ex-cessive speed, according to the criminal complaint. A witness saw the driver, subsequently identified as Ogema-Benaise, thrown from the vehicle as it rolled three times, the com-plaint stated. Ogema-Benaise, who suffered a very large laceration to her head and injuries to her upper back, was found lying in a ditch near the vehicle, according to the com-plaint. Two passengers in the vehicle were also injured, the complaint stated. All three occupants had been drinking at the time of the crash, according to the complaint. A blood sam-ple was taken from Ogema-Benaise that registered a blood alcohol concentration of .19, the complaint stated.

Wilfred Cyr, 54, of Cass Lake, pleaded guilty and was sentenced June 30 for gross misdemeanor driving after cancellation as inimical to public safety.

The charge was continued for dismissal upon successful completion of probation. He was ordered to pay a fine of $50.

At 5:30 p.m. March 2, Beltrami County Sheriff's deputy saw a vehicle traveling southbound on U.S. Highway 2, at 70 mph. The deputy initiated a traffic stop and identified the driver, who had a Canadian driver's license, as Cyr. He indicated that he had dual citizenship. He was arrested and transported to jail. Cyr's driving privileges were revoked as inimical to public safety in 1995.

Kerry Ann Kellar, 25, of Bemidji, pleaded guilty July 13 to felony ineligible voter know-ingly voting. Her next court date is Aug. 24.

On Nov. 4, Kellar registered to vote in the general election. She was convicted in 2006 for felony fifth-degree controlled substances. The conviction makes her ineligible to vote.

Olaf Kristen Olander, 31, of Bemidji, pleaded guilty July 2 and was sentenced July 13 for gross misdemeanor third-degree DWI and gross misde-meanor giving a peace officer a false name. A charge of felony fleeing a peace officer in a motor vehicle was dismissed.

He was sentenced to one year in jail, of which 8 months and five days were stayed for four years, and will serve four years of supervised probation. He must serve three months and 25 days in jail; pay a fine of $861; follow all instructions of probation; remain law-abiding, complete inpatient treatment at Pine Manor; not use alcohol or controlled substances; submit to random testing and not enter any bars or liquor stores.

At 8:30 p.m. April 27, a Beltrami County Sheriff's deputy saw a vehicle traveling north on Mission Road South-east. The vehicle merged into the southbound lane and remained in the lane, requiring the officer to pull onto the shoulder to avoid a head-on collision. The deputy initiated a traffic stop. The driver refused to stop. The pursuit continued at speeds approaching 100 mph for one mile. The driver finally stopped and identified himself with a false name. A subse-quent investigation revealed that the driver was Olander. He failed field sobriety tests and was arrested and transported to Beltrami County Jail. He registered a preliminary blood-alcohol concentration of .18.

Olander had a prior license revocation for driving while impaired in 1998 and 2000. He is currently on probation for a burglary conviction and has an outstanding arrest warrant for failing to appear in court on a fifth-degree controlled sub-stance charge.

Donald Robert Fleisch-man, 72, of Baudette, Minn., pleaded innocent July 13 to felony first-degree DWI. His next court date will be Sept. 22.

According to the criminal complaint at 7:20 p.m. Nov. 20, a Minnesota state trooper responded to the scene of a one-vehicle crash with an injury on state Highway 72. EMS arrived on the scene and extricated the male driver and a dog from the vehicle, the complaint stated. The vehicle was underwater and the driver was hypothermic, according to the complaint. The driver was transported to Lakewood hospital in Baudette, the com-plaint stated. The trooper observed the male to have red eyes and the smell of alcohol, according to the complaint. The trooper identified the driver by a hunting and fishing license that he found in his wallet, the complaint stated.. A blood sample was drawn that registered a .20 blood-alcohol concentration. His driver's license was cancelled as inimi-cal to public safety.

He has six prior DWIs, three of which occurred within the past 10 years. He also had an outstanding warrant for his arrest from Crow Wing County. Crow Wing County arrested him upon his discharge from the hospital.

Edward Samuel Bushie, 55, of Bemidji, pleaded innocent July 13 for gross misdemeanor third-degree DWI. His next court date is Sept. 22

At 11:42 p.m. May 8, a Minne-sota state trooper observed a vehicle traveling 65 mph in a 55 mph zone, according to the criminal complaint. He initi-ated a traffic stop and identified the driver as Bushie, the com-plaint stated. Bushie smelled of alcohol and had bloodshot, watery eyes and slurred speech, according to the crimi-nal complaint. He failed field sobriety tests and registered a preliminary blood-alcohol concentration of .205, the complaint stated.

He has six prior DWI convic-tions. He had been completely rehabilitated and his driving privileges were reinstated in 2002.

Shad Michael Reichmann, 58, of Bemidji, pleaded inno-cent July 13 to gross misde-meanor third-degree DWI-refusal to submit and gross misdemeanor driving after cancellation inimical to public safety. His next court date is Sept 22.

At 8 p.m. March 22, a woman reported that her intoxicated husband had left their home at 22000 block of County Road 9 and was headed to a local restaurant, according to the criminal complaint. A Minne-sota state trooper saw the vehicle driving erratically on the exit ramp leading to the intersection of U.S. Highway 71 and state Highway 197, the complaint stated. The vehicle failed to stop at a red light and the trooper initiated a traffic stop, according to the com-plaint. The driver, identified as Reichmann, had bloodshot, watery eyes and slurred speech and smelled of alcohol, the complaint stated. He failed field sobriety tests and regis-tered a preliminary blood-alcohol concentration of .095, according to the complaint. Reichman refused to submit to a breath test or a blood test at the jail, the complaint stated.

He has six prior DWIs. His license was reinstated in 2003 and cancelled again in 2005.

Darrell Gene Partridge, 26, of Bemidji, pleaded guilty July 13, to felony fifth-degree sale of marijuana mixture and gross misdemeanor child endan-germent, permitting a child to be present during sale or possession of controlled sub-stances. A second felony charge for fifth-degree sale is scheduled for dismissal upon sentencing.

At 11 a.m. Feb. 2, Paul Bun-yan Drug Task Force agents received a call from a confiden-tial reliable informant in refer-ence to purchase marijuana from Partridge. The CRI pur-chased half an ounce of mari-juana for $120. At 3 p.m. the CRI purchased a quarter-ounce of marijuana for $60. On March 21, the CRI purchased a quarter-ounce of mushrooms for $80 from a different male individual at this location. All the sales were made while Partridge's 1-year-old child was in the room. A search warrant was executed March 22. Seized were 47 grams of marijuana broken up into six baggies pre-packaged for sale; four baggies containing 10 grams of hallu-cinogenic psilocybin mush-rooms; and drug paraphernalia and scales. A woman at the residence said she resided with Partridge at the home on the 1400 block of Irvine Ave. N.W. She said she was aware that another individual was using the premises to sell marijuana and mushrooms, while she and the child were at home. The other male said the mush-rooms and marijuana belonged to him and that he was using the home to sell drugs.

In Beltrami County District Court before Judge Shari Schluchter:

Tracy Lynn Bailey, 39, of Bena, pleaded guilty July 6 to felony first-degree DWI within 10 years of three or more qualified prior incidents. The gross misdemeanor charge of driving after cancellation inimical to public safety may be dismissed at sentencing. Her next court date is July 27.

At 8:06 p.m. May 26, a Leech Lake tribal officer responded to a report of a vehicle driving in and out of the ditch west of Mission Road on Roosevelt Road S.E. The officer saw the vehicle parked on the side of the road with a woman, identi-fied as Bailey, standing outside of it. A vehicle was parked behind her car and the driver said he was the one who had called about the driving con-duct. Bailey admitted she had been driving. She smelled of alcohol, had slurred speech and watery, bloodshot eyes, and swayed while standing. She failed field sobriety tests and refused to give a breath sample. She was arrested and transported to Beltrami County Jail. The vehicle was inventoried before it was towed and a bottle of vodka was located under the center con-sole. Bailey refused to give a breath sample at the jail.

The caller gave a statement to the police about Bailey's driving conduct. He said her vehicle crossed the center line and swerved back, then crossed the line again and stayed in the southbound lane of Roosevelt Road, coming directly at him. He said he had to swerve into the ditch to avoid being hit. He called police and then attempted to catch up to the vehicle to stop it. He saw the car continue to cross the center line and swerve back and fourth, almost hitting another vehicle in the opposite lane. He put his hazard lights on and began flashing his lights. She pulled over and stopped. He spoke with Bailey and took the keys out of the ignition, then went back to his vehicle. Bailey approached him and asked him why he had taken her keys. Bailey asked for a ride home, because she already had three DWIs and did not want to get a fourth one. She asked if he had called the police. When he said he had, she began to yell profanities. He rolled up the window and she began to hit the window.

Her license was cancelled as inimical to public safety and she has three prior DWIs.

In Beltrami County District Court before Judge John Melbye:

Tina Marie Johnson, 38, of Ponemah, pleaded guilty and was sentenced June 30 for an amended charge of misde-meanor giving a peace officer false name. The original charge was gross misde-meanor giving a peace officer a false name.

She was sentenced to 90 days in jail, of which 68 days were stayed for one year, and placed on probation to the courts for one year. She must serve 22 days in jail, remain law-abiding and pay a fine of $208.

On May 13, 2008, a Beltrami County Sheriff's deputy stopped a vehicle in Woodrow Township and cited the driver for driving under the influence. A passenger gave a false name and date of birth to the officer. She then gave her correct name and date of birth. She smelled of alcohol and regis-tered a blood-alcohol concen-tration of .078. An outstanding warrant was issued for John-son and one of the conditions of her probation is that she not consume alcoholic beverages.

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