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Beltrami Courts reports for the week of April 20

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Beltrami Courts reports for the week of April 20
Bemidji Minnesota P.O. Box 455 56619

In Beltrami County District Court before Judge Paul Benshoof:

Alisha Rochelle Beaulieu, 25, of Red Lake, pleaded guilty April 7 to an amended charge of gross misdemeanor trespass - return to property to harass/abuse/threat and misdemeanor leaving keys in an unattended vehicle. She was originally charged with gross misdemeanor child endangerment.

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She was sentenced to 30 days in jail, of which 28 days are stayed for one year, and placed on probation to the court for one year.

She served two days in jail, must pay a fine of $241 and have no same or similar offenses.

According to the complaint, at 5 p.m. Nov. 9, Bemidji Police officers responded to a domestic disturbance on the 800 block of 26th Street. A male tenant requested that Beaulieu be removed from the apartment. Beaulieu and three of her children had been living with the tenant, but the male indicated that Beaulieu's disruptive behavior could no longer be tolerated. Beaulieu and her children were escorted from the residence and told not to return to the residence, the complaint states. About 45 minutes later, another call came in from the tenant. Beaulieu had returned to the apartment immediately after the officers left. Several officers responded to the call. Two officers assisted with Beaulieu and the male party, while another officer observed a child strapped into a car seat in a running vehicle. The vehicle was left unlocked. It appeared that the child had been left for 15-20 minutes in the vehicle. Beaulieu was arrested and the child was placed with the father. Beaulieu indicated she understood why she was being taken into custody, according to the complaint.

Douglas Gordon Mattison, 22, of Bemidji, pleaded guilty March 9 for felony fleeing a peace officer in a motor vehicle and gross misdemeanor second-degree DWI. He was sentenced to one year in jail, of which 11 months are stayed for four years, and four years of supervised probation for the felony. The sentence is to be served consecutively. He was sentenced to 30 days in jail for each charge.

He must serve 60 days in jail with work release, pay a fine of $1,966, complete an alcohol assessment and follow all recommendations of evaluation by completing DWI clinic or ASPEN program within 45 days of being released from custody, not have any same or similar offenses, not drink and drive, submit to random testing, follow all instructions of probation and provide a DNA sample.

On Nov. 12, a Bemidji Police officer observed a vehicle traveling west through a parking lot approaching a sidewalk and curb on Park Avenue Northwest. Following the pursuit, the officer stopped the vehicle. The officer detected the odor of alcohol. Mattison registered a breath alcohol concentration of .22 at the jail. His privileges were valid.

Randee Marie Sundvall, 28, of Bemidji, pleaded innocent April 20 to an amended charge of felony fifth-degree possession of drugs. The original charge was for felony fifth-degree possession of methamphetamine. Her next court date will be May 5.

According to the criminal complaint, at 6:40 p.m. April 3, a Beltrami County Sheriff's deputy observed a vehicle approach his location with a man and a woman, who was identified as Sundvall, a person currently charged with the offense of possession of meth. The deputy observed the vehicle turn east on Balsam Road and then turn into a driveway quickly, at 4900 block of Balsam Road. Sundvall is ordered to have no contact with the person who lives at this residence as they are co-defendants in a meth possession case. The vehicle exited the driveway and traveled northbound on Balsam Road. The deputy initiated a traffic stop. The deputy observed Sundvall to be acting in an unusual manner and was very nervous. Sundvall was arrested for violation of a no-contact order. A meth pipe and a baggie containing a small amount of meth was seized from the console of the truck. She has a prior conviction for third-degree assault and second-degree possession of controlled substances.

David Lee Clifton, 40, of Bemidji, was found guilty by a jury April 15 of felony third-degree sale of crack cocaine. He will be sentenced May 12.

At 11 a.m. Oct. 23, 2007, a Paul Bunyan Drug Task Force special agent received information from a Confidential Reliable Informant (CRI) that Clifton wished to sell one gram of crack cocaine. The special agent met with the CRI, who placed a telephone call to Clifton. Clifton informed the CRI that he could meet the CRI in the parking lot of a local business in Bemidji in order to conduct the sale of crack cocaine. The special agents transported the CRI to the area. At approximately 12:26 p.m., the CRI spotted Clifton in the parking lot sitting in the car and entered the vehicle. Clifton then asked the CRI if he had $200 for the purported one gram of crack cocaine. The CRI stated that he had the money and handed Clifton $200 of federal buy fund money. The CRI provided the agents with the crack cocaine that he had just purchased from Clifton. The drugs were then placed into evidence and sent to the Minnesota Bureau of Criminal Apprehension for analysis. The drug was analyzed and found to be .3 grams and contained crack cocaine. Clifton has prior convictions for possession of controlled substance and was arrested twice for selling crack cocaine.

Kerry Ann Kellar, 25, of Bemidji, pleaded innocent April 20 for felony ineligible voter knowingly votes. Her next court date will be June 30.

According to the criminal complaint, 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. She signed the voter registration roster, which contained a clause asking if she was a felon.

Alexis Kay Mason, 26, of Redby, pleaded innocent April 20to felony financial transaction card fraud. Her next court date will be June 30.

According to the criminal complaint, on June 25, a female contacted the Bemidji Police Department and reported that a Mastercard debit card issued to her from her bank had been stolen from her mailbox, activated and used to make unauthorized charges against her account without her knowledge or consent. The bank confirmed that they mailed the debit card to her early in June. She had never received the card. During the remainder of June, the party or parties that had stolen the card had placed unauthorized charges against her account. She cancelled the card June 24, when she learned it had been taken. Three separate $180 withdrawals were made using the card at local ATM's.

Gary Wayne Smith, 44, of Bena, pleaded innocent for felony violation of a no-contact order. His next court date will be June 2.

According to the criminal complaint, Smith, formerly know as Gary Wayne Dumont, was sentenced for fifth-degree domestic assault in Beltrami County Aug. 4. Among the conditions of his sentence was a prohibition on his having any contact with the victim, except through a third party.

The complaint states that on Dec. 25, Smith went to a residence on the 12000 block of Muninn Lane N.W. to meet with a female in direct violation of the court order prohibiting him from contact with her. While at the residence, Smith began drinking and arguing with the female. Smith then assaulted the female and choked her. The females' children ran to a neighbor's residence and law enforcement was summoned.

Smith has five separate felony convictions and eight domestic assault violence-related convictions within the past 10 years.

Heather Lynn Graves, 27, of Redby, pleaded guilty and was sentenced April 20 for gross misdemeanor third-degree DWI. She was sentenced to one year in jail, of which 340 days are stayed for three years, and placed on probation to the courts for three years.

She must serve six days in jail during the weekends with credit for four days served, pay a fine of $583, successfully complete halfway house and aftercare, not use alcohol or controlled substances, not enter bars or liquor stores, submit to random testing, not have any same or similar offenses, not drive without a valid driver's license or insurance.

At 11:20 p.m. March 13, a Beltrami County Sheriff's deputy observed two vehicles traveling north on state Highway 89. The second vehicle was traveling approximately 20-30 feet behind the first vehicle. The deputy observed that the vehicle appeared to be weaving within its own lane and was traveling at approximately 70 mph. The vehicle then slowed to 45 miles per hour and turned onto Spencer Road. The vehicle pulled over to the side of the road. The deputy observed the odor of alcohol, bloodshot, watery eyes and slurred speech. The driver was subsequently identified as Graves. Graves said she was traveling from the liquor store and that she had been consuming alcohol. She failed field sobriety tests and registered a preliminary breath alcohol concentration of .237 in the field. She was arrested and transported to the Beltrami County Jail, where she registered .22.

James Harold Black, 42, of Bemidji, pleaded guilty March 20 for felony drugs - cause or permit a child or vulnerable adult to ingest, inhale and be exposed to methamphetamine; felony fifth-degree drug possession and felony second-degree assault with a dangerous weapon.

For the first charge, he was sentenced to 13 months in prison and was granted a stay of five years and five years of supervised probation.

For the second charge he was sentenced to one year and one day in prison and granted a stay of five years and five years of supervised probation.

For the third charge, he was sentenced to 21 months in prison and granted a stay of seven years and seven years of supervised probation.

He received credit for time served, must pay a fine of $1,383, granted Sentence To Serve and Community Work Service, restitution reserved, have no contact with victim, have no contact with another individual, complete chemical dependency evaluation and treatment and follow all recommendations, not use alcohol or controlled substances, submit to random testing, not have any alcohol in his residence, submit to random searches, supply a DNA sample, not have any same or similar offenses, remain law abiding, not use or possess firearms or dangerous weapons and visit with the child by family court order only.

On Jan. 9, Beltrami County Sheriff's deputies responded to a reported assault and kidnapping involving a male individual. The man entered the residence where he met Black and two other individuals. Black approached him with an aluminum baseball bat and struck him several times in the forehead. Black and two other individuals forced the man into a car against his will for transport to Black's residence. The victim was eventually able to escape from the residence.

On Jan. 10, Beltrami County Sheriff's deputies executed a search warrant seeking items associated with the assault and kidnapping. A child answered the door and allowed the deputies into the house. Deputies discovered two micro-baggies containing meth within easy reach of the child. Black was arrested and transported to the Beltrami County Jail.

Takita Tashay Holmes, 27, of Bemidji, pleaded innocent April 20 for felony issuing dishonored checks in excess of $500. Her next court date will be April 27.

According to the criminal complaint, between Nov. 26, 2007, and March 22, 2008, numerous checks were written to various businesses in Beltrami County by Holmes on her bank account. All of the checks have been processed through normal banking channels and have been returned NSF. The total for the checks was $693.06. In the case of each check a notice of insufficient funds was sent by certified mail to her address.

Brenton Joseph Sconce, 23, of Spokane, Wash., pleaded guilty April 20 to felony financial transaction card fraud. His next court date will be June 1.

On July 15, Sconce was hired as a customer service representative at Wells Fargo Bank in Bemidji. In that capacity he assisted customers with opening accounts, securing ATM cards, etc. An individual opened an account at Wells Fargo with a substantial amount of cash in the autumn of 2008. Sconce processed the order for an ATM card to enable the person to access the cash from his account. Sconce altered bank records to assure that the card once issued was delivered to his own personal home, not to the owner of the account. In the succeeding weeks, Sconce made unauthorized withdrawals and other charges against the money in the individuals account in excess of $14,000. Sconce's crime was discovered by security personnel at the bank, and Sconce was fired Oct. 16. The police were contacted. In November, Sconce left Minnesota and moved to Spokane, Wash. He was located and confessed to the thefts by telephone.

Robert Louis Kingbird, 64, of Ponemah, pleaded guilty and was sentenced April 16 for gross misdemeanor driving after cancellation, inimical to public safety. He was sentenced to one year in jail, of which 361 days are stayed for two years, and placed on probation to the courts for two years.

He was given credit for four days served, must pay a fine of $383, Community Work Service granted, remain law abiding and not drive without valid driver's license or insurance.

At 4:28 p.m. April 3, Beltrami County Sheriff's deputy responded to a call of a vehicle left in the middle of U.S. Highway 2 near the intersection with Buckeye Road. The caller indicated he had observed two men, one using a walker, leaving the vehicle and walking south on state Highway 72. An employee from a nearby repair shop, was attending to the vehicle, which was stalled on the road. The deputy approached the vehicle and after speaking with the individuals learned that Kingbird was the owner of the vehicle and that he was currently at the garage. The deputy located the other individual who indicated that he was with Kingbird when their vehicle broke down. He indicated that Kingbird was the driver of the vehicle. Kingbird's license is cancelled as inimical to public safety, and he had an outstanding warrant for his arrest. He met with Kingbird and placed him under arrest for the outstanding warrant. Kingbird reported driving his vehicle on Highway 72 away from the garage. He stated he was on his way back to Ponemah, where he was allowed to drive. He has seven prior DWI convictions.

Shawn David Stevens, 38, of Bemidji, pleaded guilty and was sentenced April 7 to an amended charge of gross misdemeanor fourth-degree burglary to commit misdemeanor. He was sentenced to one year in jail of which 291 days are stayed for two years and probation to the courts for two years.

He served 53 days in jail, must pay a fine of $1,080, not have contact with victims and remain law-abiding.

At 9:14 a.m. Sept. 8, 2007, Bemidji Police Officers responded to the 2800 block of Pine Ridge Ave. N.W. in regards to a break-in and sexual assault. The female caller said she was awakened after 8 a.m. that morning by the sensation of being digitally penetrated. When she awakened, she realized that a man she knew as Stevens was in her bed. She immediately told him to get out and demanded to know how he had gotten in. Stevens replied "Sorry about your screen." The female noted that the window and screen in her bedroom had been forcibly removed. She indicated that she had met Stevens some weeks before. They had a brief romantic relationship, which had been terminated. The previous night, she had gone out drinking. When she returned home, she had engaged in a phone conversation with a friend. During this conversation, Stevens knocked loudly on her door. She let him in so that he wouldn't disturb her neighbors. Stevens remained in the apartment until approximately one hour later, when she asked him to leave. Stevens confirmed that he had been in the female's apartment the previous night. He claimed that he had gone there from 11 p.m.-midnight, the previous evening and that he and the female had engaged in consensual sexual activity. He admitted that he had attempted to gain entry into the apartment through the window, but claimed she ultimately let him into the apartment through the door. He said that they had gone to sleep between 1 and 2 a.m. In a subsequent statement, a male relative of the victim refuted Stevens' chronology of the evening. He indicated that he dropped off the female at the bar at 9:30 p.m. and picked her up at 1:30 a.m. It was, therefore, impossible for Stevens to have been in her apartment at 11 p.m., as Stevens claimed.

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