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Archive for the ‘NORTH DAKOTA’ Category
Former Burleigh County Deputy Sheriff Ron Dietz, Now A Columbia Heights Minnesota Police Officer, Found Guilty After Failing To Appear In Court And Receives A Slap On The Wrist
April 5th, 2008
BURLEIGH COUNTY, ND - A former Burleigh County sheriff`s deputy has been given a six-month deferred sentence for failure to appear in court.
Ron Dietz was found guilty yesterday by a Bismarck jury.
Authorities say Dietz did not show up for jury trial last November in Bismarck, for a case involving a girl in possession of alcohol. Dietz was the only witness — and the case was dismissed. Dietz says he left a message with prosecutors that he couldn`t be at the trial. But prosecutors say they never got the message.
Prosecutors say Dietz had a history of not showing up to court to testify when he was a Burleigh County deputy.
Judge Sonna Anderson says she may make Dietz pay the cost of the trial in which he was to appear last year.
Dietz is now an officer at the Columbia Heights Police Department outside of Minneapolis.
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Disgraced Grand Forks North Dakota Police Officer Eric Straus Wants Jury Trial On Charge Of Reckless Endangerment - He And Officer David O’Toole Forced Motorists To Stand Outside In 46 Below Zero Weather For Speeding
April 2nd, 2008
GRAND FORKS, ND - Grand Forks police officer Eric Straus, 28, will go before a jury on a charge of reckless endangerment. Prosecutors say he was one of two officers who made an East Grand Forks man stand outside in subzero weather.
Straus’ attorney, Mark Friese, from Fargo, appeared in Grand Forks state district court today on behalf of his client. The hearing was held to set a pretrial conference — basically another court hearing where any motions before trial are discussed. The pretrial conference was set for May 15.
Straus and another officer, David O’Toole, are charged with reckless endangerment from an incident Feb. 10, where Jason Hickman, 23, says he was forced to stand in the cold Feb. 10 for about 30 minutes after his friend was stopped for speeding. The criminal complaint says it was 16 below and that wind chill values were as low as 46 below.
Read MoreFargo North Dakota VA Medical Center Police Officer Richard Allan Martin Arrested, Charged With Terrorizing And Drunk Driving
March 6th, 2008
FARGO, NORTH DAKOTA - A security officer at Fargo’s Veterans Affairs Medical Center was arrested on suspicion of terrorizing and drunken driving early Wednesday after he allegedly threatened a woman, Fargo police said.
The 28-year-old Moorhead woman walked into the Simonson station at 3810 Main Ave. about 3 a.m. and told an employee and a customer that a man she was with had threatened her with a gun, Sgt. Jeff Skuza said.
After the woman returned to the car, the man entered the store and displayed an official-looking card in a wallet and “said something to the effect of being an officer of some type,” Skuza said. The man then left in the car with the woman.
Officers stopped the vehicle in the 1000 block of 14th Street South and found a loaded semi-automatic handgun under the driver’s seat.
Read MoreCass County North Dakota Deputy Sheriff Dean Wawers Suspended For 8 Days After Shooting His Gun In Courthouse Bathroom
February 24th, 2008
FARGO, NORTH DAKOTA - The blast coming from the courthouse restroom had nothing to do with digestion.
A Cass County, North Dakota, Sheriff’s deputy is in hot water for accidentally firing his gun in the bathroom.
Dean Wawers is being suspended without pay for eight days and a reprimand has been placed in his personnel file. Fargo police report the pistol fired after the deputy hung it on a hook in the restroom.
D’oh! Cass County North Dakota Deputy Sheriff Dean Wawers Suspended For 8 Days After Firing Handgun In Courthouse Bathroom
February 21st, 2008
FARGO, NORTH DAKOTA - A Cass County Sheriff’s deputy who accidentally fired his handgun in a courthouse restroom has been suspended for eight days without pay. Authorities said Dean Wawers, 57, also will receive a written reprimand in personnel file.
No one was hurt when the gun belonging Wawers discharged during lunch hour on Jan. 10.
Fargo police said an investigation determined that his weapon was discharged accidentally.
Authorities said he had hung the gun by its trigger guard, and the gun caught on the hook and discharged into the ceiling when he went to retrieve it.
State Supreme Court Says Traffic Stop For Paper Temporary Registration Was Legal Because Grand Forks North Dakota Police Officers Are Stupid
January 22nd, 2008
GRAND FORKS, NORTH DAKOTA - Out-of-state motorists face being stopped in the state of North Dakota when driving a vehicle with a temporary registration tag, even if the registration is entirely valid. The North Dakota Supreme Court came to this conclusion Thursday in a ruling that found that Grand Forks police officers had properly stopped and searched Clinton Mitchell on October 1, 2006.
On that date, the officers pulled over Mitchell because his vehicle displayed a Montana temporary registration certificate in the rear window. The documentation was valid and came in the form a white sheet of paper with a “10-10-2006″ expiration date written in bold, two-inch high letters readily visible from outside the vehicle. The certificate differed from the smaller temporary notice used in North Dakota.
Read MoreSt. Paul Minnesota Tickets 1941 Ford During Snow Emergency - Except It Has Been Inoperable And In Storage For A Decade In North Dakota
January 17th, 2008
ST. PAUL, MINNESOTA - A North Dakota man was cited for a snow emergency parking violation in St. Paul, Minn., for a car he says he hasn’t used in a decade.
Actually, Brian Nelson of Fargo received a notice that he was tardy in paying the $50 parking fine from December and would be assessed penalties until the matter was resolved, KARE-TV, Minneapolis, reported.
One small problem: The ticket was issued against his 1941 Ford, which hasn’t seen the road in years, having been stored in Nelson’s garage.
“It’s just nuts,” Nelson said.
He called St. Paul officials, who told him he either needed to appear in person or pay the fine. St. Paul is about 250 miles from Fargo.
Then Nelson contacted KARE-TV, which spoke with a city official who said the matter could be corrected with a phone call.
“Somebody made a mistake,” the official said.
Read MoreVeteran Fargo North Dakota Police Officer Det. Paul Lies Pleads Guilty To Drunk Driving For A Slap On The Wrist
January 3rd, 2008
FARGO, NORTH DAKOTA - A Fargo police detective has pleaded guilty to a drunken driving charge and been given a suspended sentence.
Paul Lies entered the plea to the misdemeanor charge through his attorney. East Central District Judge Douglas Herman gave Lies a 30-day suspended sentence and ordered him to pay $750 in fines and fees.
He also is required to complete a chemical dependency evaluation, which court files say he has already done.
An open container citation against Lies was dismissed.
Police Chief Keith Ternes suspended Lies for nine days without pay in October because of Lies’ September arrest while he was off duty.
Lies has been with the department for nearly 20 years.
Hero To Zero: Former Burleigh County Deputy Sheriff Ron Dietz, Now A Columbia Heights, Minnesota Police Officer, Charged With Failure To Appear
November 30th, 2007
BISMARCK, NORTH DAKOTA - Ron Dietz’s career as a Burleigh County sheriff’s deputy was highlighted by a big drug-related cash seizure and praise for saving the life of a man who collapsed of heart problems.
County prosecutors remember him in another way - as a deputy who often was a no-show in court when ordered to testify.
Dietz, who now is a police officer in a Minneapolis suburb, was charged on Tuesday with failure to appear, a Class A misdemeanor, punishable by up to a year in prison and a $2,000 fine. It is the first time Burleigh County prosecutors have charged a law enforcement officer for failing to show up in court, Assistant State’s Attorney Lloyd Suhr said.
Dietz did not show up for a Nov. 13 jury trial in Bismarck, for a case involving a girl in possession of alcohol, Suhr said. Dietz had been served with a subpoena in September to testify at the trial, the prosecutor said.
Read MoreFormer Cass County North Dakota Correctional Officer Moe Gibbs, Convicted Of Murdering Student And Facing Life In Prison, Files $24 Million Claim For Wrist Injury, Saying It Prevents Him From Ever Boxing Again…
November 21st, 2007
CASS COUNTY, NORTH DAKOTA - Moe Gibbs is seeking 24 million dollars from Cass County for a wrist injury.
Sheriff Paul Laney says Gibbs sent a notice to county officials telling them he wanted that amount to settle a claim stemming from a fall in the jail in May.
Laney says the claim is not a lawsuit. He says Gibbs claims that he fell on a freshly waxed floor and did not get medical attention for 22 days.
Laney says Gibbs claims the injury was aggravated by handcuffs and may prevent him from ever boxing again.
Gibbs was convicted last week of killing Mindy Morgenstern at her Valley City apartment.
He’s scheduled for sentencing December 17th and faces a maximum sentence of life in prison without parole.
Laney says the notice is being turned over to the Cass County state’s attorney and the state insurance reserve fund.
Read MoreFormer Barnes County North Dakota Correctional Officer Moe Gibbs Found Guilty Of Murdering College Coed
November 17th, 2007
BARNES COUNTY, NORTH DAKOTA - Jurors in the Moe Gibbs murder trial have found him guilty of killing Valley City State University student Mindy Morgenstern.
Jurors reached the verdict late this afternoon in Bismarck.
The jurors deliberated more than 24 hours since getting the case late Tuesday afternoon.
It is the second murder trial for the 35-year-old Gibbs, who is accused of killing Morgenstern in her off-campus apartment in September 2006.
During Gibbs’ first trial in Minot last summer, jurors deliberated more than 22 hours before Paulson declared a mistrial. Those jurors said they were deadlocked 6-6.
Jury Deliberating Fate Of Former Barnes County Minnesota Jailer Moe Gibbs - Charged With Strangling And Stabbing University Student
November 15th, 2007
BISMARCK, NORTH DAKOTA - The jury in the Moe Gibbs murder trial in Bismarck has finished its first full day of deliberations Wednesday, and there’s no verdict yet.
Southeast District Judge John Paulson dismissed the jurors for the day just before 5 p.m. They had been considering the case since just after 8:00 Wednesday morning.
The jury of seven men and five women began deliberating the case late Tuesday afternoon. Paulson ordered them to return to the Burleigh County Courthouse for further deliberations at 8:15 Thursday morning.
The 35-year-old Gibbs is charged with murder in the September 2006 death of Valley City State University student Mindy Morgenstern in her off-campus apartment. The 22-year-old Morgenstern was strangled and stabbed with two knives.
It’s the second time Gibbs, a former Barnes County jailer has been on trial. His first murder trial in Minot ended in July when jurors couldn’t reach a verdict.
Read MoreFormer Tioga North Dakota Police Officer Andrew Rodke Pleads Not Guilty To Impersonating A Police Officer
November 12th, 2007
FARGO, NORTH DAKOTA — A former Tioga police officer is accused of pretending to be a Fargo police officer in phone conversations.
Andrew Rodke, 21, of Hawley, Minn., has pleaded not guilty.
The woman whose phone was called told investigators she knew Rodke only as a security guard who had worked at a mall where she was employed.
Court documents say Rodke was on administrative leave from the Tioga Police Department when the alleged phone calls were made in August. Tioga Police Chief Larry Maize said Rodke and another person had become drunk and shot out street lights. Rodke resigned in September.
Several charges are pending against Rodke in the Tioga area, including criminal mischief, according to court documents.
Separately, the Cass County sheriff’s office said it has identified a suspect in a recent incident in which someone claiming to be a military police officer stopped a driver on a rural road. Sheriff Paul Laney said charges could be filed Tuesday.
Read MoreFormer Tioga North Dakota Police Officer Andrew Paul Rodke Charged With Impersonating A Police Officer
November 10th, 2007
TIOGA, NORTH DAKOTA - A former Tioga, N.D., police officer who resigned from his job in September is accused in Cass County District Court of pretending to be a Fargo police officer in conversations over the phone.
Andrew Paul Rodke, 21, Hawley, Minn., faces a charge of impersonating an official for telephone conversations in which he identified himself as being employed by the Fargo Police Department.
He has pleaded not guilty this week.
According to court documents filed in that case:
Fargo police received a report Aug. 25 from a man who said he was receiving cell phone calls from someone claiming to be a Fargo police officer.
In the calls, the person claiming to be an officer said he wanted to talk to the man’s girlfriend because she was in trouble.
The caller hung up when the boyfriend pressed him for his badge number and other information.
Read MoreLazy Cass County North Dakota Sheriff Paul Laney Desecrates Legend Ozzy Osbourne’s Name With Stupid Sting Operation
November 4th, 2007
FARGO, NORTH DAKOTA — Ozzy Osbourne wants an apology from the Cass County sheriff for staging a sting operation in the rocker’s name without his permission.
Osbourne claims his reputation was tarnished when Sheriff Paul Laney invited 500 people with outstanding warrants to a phony party at a Fargo nightclub before the rocker’s concert with Rob Zombie at a nearby arena. More than 30 showed up and were arrested.
“Instead of holding a press conference to pat himself on the back, Sheriff Laney should be apologizing to me for using my name in connection with these arrests,” Osbourne said in a statement.
“It is insulting to me and to my audience and it shows how lazy this particular sheriff is when it comes to doing his job,” Osbourne said.
Laney said Friday that it’s his job to arrest people with outstanding warrants.
Read MoreD’oh! - U.S. Air Force Misplaces 5 Nuclear Warheads
September 6th, 2007
WASHINGTON, DC - A B-52 bomber mistakenly loaded with five nuclear warheads flew from Minot Air Force Base, N.D, to Barksdale Air Force Base, La., on Aug. 30, resulting in an Air Force-wide investigation, according to three officers who asked not to be identified because they were not authorized to discuss the incident.
The B-52 was loaded with Advanced Cruise Missiles, part of a Defense Department effort to decommission 400 of the ACMs. But the nuclear warheads should have been removed at Minot before being transported to Barksdale, the officers said. The missiles were mounted onto the pylons of the bomber’s wings.
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Advanced Cruise Missiles carry a W80-1 warhead with a yield of 5 to 150 kilotons and are specifically designed for delivery by B-52 strategic bombers.
Air Force spokesman Lt. Col. Ed Thomas said the transfer was safely conducted and the weapons were in Air Force custody and control at all times.
Read MoreProsecutor To Fight Delay In Former Barnes County North Dakota Jailer Moe Gibbs Sexual Assault Trial
August 25th, 2007
BARNES COUNTY, NORTH DAKOTA - A prosecutor intends to fight a judge’s ruling to delay Moe Gibbs’ sexual assault trial.
Assistant North Dakota Attorney General Jonathan Byers said the case, which was slated to begin next month, should remain separate from the former Barnes County jailer’s upcoming second murder trial.
Southeast Judicial District Judge Mikal Simonson continued the Sept. 17 trial on Friday, saying the case “has always been the secondary trial to the murder trial and the previous hung jury does not change that fact,” according to the order.
“If this trial were to commence as scheduled, the publicity surrounding it may make it more difficult to have a fair murder trial,” Simonson wrote. “Neither party should gain evidence from this trial that may be used in the murder trial.”
A Minot, N.D., jury deadlocked 6-6 in July over whether Gibbs, 35, strangled and stabbed 22-year-old Mindy Morgenstern in her Valley City, N.D., apartment last September.
Read MoreJudge Delays Barnes County North Dakota Jailer Moe Gibbs’ Sexual Assault Trial Until After His Murder trial
August 20th, 2007
VALLEY CITY, NORTH DAKOTA - A judge in Valley City has delayed the trial of former jailer Moe Gibbs on charges of sexually assaulting women prison inmates.
The 35-year-old Gibbs was scheduled for trial next month in Valley City. But Judge Mikal (MIKE’-ul) Simonson postponed that trial until after Gibbs’ second murder trial. That’s scheduled October 22nd in Bismarck.
Gibbs is accused of assaulting five female inmates while working at the Barnes County Jail in last summer. Simonson says unless the trial is delayed, the publicity surrounding the case would make it more difficult to have a fair murder trial.
Gibbs’ first murder trial ended in a 6-6 deadlock in Minot last month. He’s charged with killing 22-year-old Valley City State student Mindy Morgenstern.
Simonson says the sexual assault trial is secondary to the murder trial.
Former Barnes County Jailer Moe Gibbs Second Murder Trial Moved From Grand Forks To Bismarck North Dakota
August 11th, 2007
GRAND FORKS, NORTH DAKOTA – A judge has moved the second murder trial for former Barnes County jailer Moe Gibbs from Grand Forks to Bismarck.
Southeast District Judge John Paulson issued the scheduling order on Friday for the Oct. 22 trial. Gibbs is charged in the death of Valley City State University student Mindy Morgenstern. He has pleaded not guilty.
Paulson said he didn’t think Gibbs could receive a fair trial in Grand Forks, citing comments that were made on a radio talk show in that city. Security officials also suggested the move for safety reasons, Paulson said. The trial is scheduled for the federal courthouse.
Jeff Bredahl, one of Gibbs’ attorneys, and Barnes County prosecutor Brad Cruff did not return phone calls seeking comment.
The trial is expected to last through Nov. 9, the order said. In a separate order, Paulson called for a panel of 120 potential jurors.
Read MoreBelmont New Hampshire Code Enforcement Officer Gary Boisvert Arrested In Serial Child Molestations
July 28th, 2007
BELMONT, NEW HAMPSHIRE – Belmont Code Enforcement Officer Gary Boisvert faces more sexual assault charges, less than a week after he was accused of molesting a teenage girl and suspended from his job.
Boisvert, 49, of Spruce Street in Laconia, was arrested again Friday and charged with two counts of aggravated felonious sexual assault.
The Laconia police said the charges resulted from an ongoing investigation involving two young girls who say Boisvert assaulted them “for a period of months” during 2004 and 2005.
Last week, he was arrested on charges he molested a 14-year-old girl in May.
Belmont’s selectmen didn’t return phone messages last night, but last week they told the Laconia Citizen that, as a result of the investigation, Boisvert was suspended from his job. The town’s police department is not involved in the investigation.
Read MoreFormer Barnes County Jailer Moe Gibbs Faces Upcoming Fargo Rape Trial, Sexual Assault Of 4 Female Jail Inmates, And Possible Retrial For Murder
July 14th, 2007
BARNES COUNTY, NORTH DAKOTA – Thursday’s hung jury in Moe Gibbs’ murder trial will not impact his upcoming trials for a Fargo rape and the sexual assault of five female Barnes County Jail inmates, according to attorneys handling the cases.
While prosecutors decide whether to put the murder case before a new jury with a second trial against Gibbs for the Sept. 13, 2006, murder of Mindy Morgenstern, two other trials for Gibbs are approaching.
Sixty-five days now stand between the former jailer and a sexual-assault trial involving former inmates at the Barnes County jail where Gibbs worked, slated to begin Sept. 17 in Barnes County. A trial date has not been set for the 2004 Fargo rape case, but prosecutor Gary Delorme said he believes it will be either in September or October.
Read MoreWitness Describes Barnes County Jailer Moe Gibbs’ Confession To Killing Student
July 8th, 2007
MINOT, NORTH DAKOTA – A Cass County jail inmate says he heard Moe Gibbs confess to killing Valley City State University student Mindy Morgenstern. But Gibbs’ attorneys say the man is not a credible witness.
Jeremy Leopold testified today that about three months after Gibbs was arrested, the two of them were watching a TV news report in jail about Gibbs’ upcoming trial.
Leopold says Gibbs said quote “I’d do it again” unquote.
Defense attorneys have noted that Leopold has a lengthy criminal history that includes giving a false statement to a police officer.
He notified authorities about Gibbs’ alleged statement five weeks after he said he heard it.
When asked today why had had waited so long, Leopold said he had found religion and decided that telling was “the right thing to do.” The 34-year-old Gibbs, a former Barnes County jailer, is charged with murder in the death of Morgenstern last September. His trial is in its second week of testimony.
Read MorePotential Jurors In Former Barnes County North Dakota Jailer Moe Gibbs Murder Trial To Be Questioned In Secret
June 20th, 2007
BISMARCK, NORTH DAKOTA – A judge has decided attorneys may quiz potential jurors in the Moe Gibbs murder trial in secret, overruling media arguments that the reviews should be conducted in open court. A media lawyer said the move may be unprecedented in North Dakota.
Potential jurors were told to fill out a lengthy questionnaire before they showed up at the Ward County Courthouse in Minot to undergo questioning by lawyers in the case. The process of picking a jury is expected to last most of the week.
During a hearing Tuesday, Southeast District Judge John T. Paulson said he was closing the courtroom to prevent jurors from having to discuss attorneys’ followup questions about the juror survey in open court. It included more than 100 written questions.
Jack McDonald, a Bismarck attorney who represents newspapers and broadcasters, said he knew of no other instance in which a North Dakota judge barred the press and public from observing the questioning of potential jurors.
Read MoreProsecutors Seek To Amend Throat Cutting Murder Charge Against Former Barnes County North Dakota Jailer Moe Gibbs - Charged With Killing Student
May 21st, 2007
FARGO, NORTH DAKOTA – Prosecutors in the Moe Maurice Gibbs murder trial want to amend the charge against the former Barnes County Jailer to omit how Mindy Morgenstern died.
The current criminal complaint charges Gibbs, 34, with Class AA murder for “intentionally or knowingly” causing Mindy Morgenstern’s death “by cutting her throat, which was the direct cause of death.”
A motion filed Thursday would remove the description of what directly caused Morgenstern’s death but still would charge him with Class AA felony murder, which is punishable by up to life in prison without parole.
Barnes County State’s Attorney Brad Cruff said in court documents that the autopsy indicates a different cause or multiple causes of death.
Morgenstern, 22, died from strangulation and a cut to the neck, according to testimony at an October hearing from Mark Sayler, a special agent with the state’s Bureau of Criminal Investigation.
Read MoreHearing On Issues Related To Former Barnes County Jailer Moe Gibbs’ Murder Trial Postponed
May 20th, 2007
BARNES COUNTY, NORTH DAKOTA – A motion to allow cameras in the courtroom during the murder trial of former Barnes County jailer Moe Gibbs was approved by one judge and now is being considered by another.
Judge Mikal Simonson approved the original request for expanded media coverage when Gibbs was charged with killing Valley City State University student Mindy Morgenstern.
The case later was transferred to Judge John Paulson, but the approval by Simonson “does not transfer to the other judge,” KVLY-TV General Manager Charley Johnson said. The station has filed another request, Johnson said.
A pretrial hearing scheduled Friday to discuss the media order and other issues was postponed, with no reason given. Gibbs’ trial is set for June 19 in Minot.
Jack McDonald, a Bismarck lawyer who lobbies for North Dakota newspapers and broadcasters, said it has been “years and years and years” since a North Dakota judge refused to allow cameras in the courtroom.
Read MoreFormer North Dakota Chief Deputy U.S. Marshal Terry Fred Facing New Investigation After Drunk Driving, 2 Accidents, And Hit And Run
May 15th, 2007
FARGO, NORTH DAKOTA - A former chief deputy US marshal is facing a new investigation.
North Dakota US Marshal Dave Carpenter says former deputy Terry Fred, who was demoted and suspended following a drunken driving incident in Fargo, has been arrested on similar charges in the Dallas, Texas area.
Carpenter says the arrest happened sometime in February, shortly after Fred began a 30-day suspension.
Police had arrested Fred in February 2006, for drunken driving and leaving the scene of 2 accidents while driving his government-owned sport utility vehicle.
Carpenter says Fred remains on what’s called “enforced leave” pending the outcome of the incident in Texas.
He says Fred had been headed to a marshal’s service job in Arizona before his latest arrest. Now he says Fred will remain on leave until the investigation is resolved.
Former Bismarck Noth Dakota Half-Way Hourse Worker Holly Engesser Faces Sexual Abuse Charge
April 26th, 2007
BISMARCK, NORTH DAKOTA – A former employee of the Bismarck Transition Center has been charged with sexual abuse of a ward. Holly Engesser, 33, was charged Friday with the Class C felony. She has received a summons to make an initial court appearance in May.
Burleigh County Assistant State’s Attorney Cynthia Feland said Engesser has been accused of engaging in sexual activity with an inmate of the Bismarck Transition Center while she was employed there.
A complaint signed by North Dakota Bureau of Criminal Investigation Agent Michael Quinn alleges that the sexual activity occurred between Dec. 28, 2006, and Jan. 14.
“The defendant willfully engaged in a sexual act with another person who was in official custody or detained in a hospital, prison, or other institution, and the defendant had supervisory or disciplinary authority over the other person,” Quinn wrote in the complaint.
Read MoreValley City North Dakota Dispatcher Holly Neuberger Suspended For Not Acting On Call
March 29th, 2007
VALLEY CITY, NORTH DAKOTA - Police say a dispatcher has been suspended for failing to follow proper procedures after getting a call that someone had boarded a westbound train headed for Jamestown early Saturday morning.
A woman’s body was found near the railroad tracks just west of Jamestown. Authorities said Katie Johnson, 19, of Cooperstown, either fell or jumped from the moving train.
Police Detective mark McDonald said Wednesday there was no indication the dispatcher could have prevented Johnson’s death. But he said the dispatcher should have notified the Barnes County sheriff’s office and the railroad about the call.
“The call stated that the victim jumped on the train about an hour ago and stated that the train was heading toward Jamestown,” McDonald said.
McDonald said the call came in at 5:12 a.m. Saturday on the main police business line.
Read MoreTrial Date Set For Lawsuit Against Barnes County North Dakota And Convicted Former Jailer Kevin Schundar
March 29th, 2007
BARNES COUNTY, NORTH DAKOTA – A trial date of March 3, 2008, has been set for a lawsuit against Barnes County and a former jailer over an assault 2 1/2 years ago.
A former female inmate who was jailed from September to November 2004 is seeking more than $100,000.
Jailer Kevin Schudar pleaded guilty to a felony charge of abuse of a ward in April 2005 and was given a suspended sentence. He also was put on probation and was ordered to register as a sex offender until April 26, 2015.
The lawsuit accuses Schudar of battery, intentionally inflicting emotional distress, assault and violating the woman’s civil rights. It alleges the county did not properly supervise him.
Former Morton County North Dakota Sheriff’s Candidate Eugene Schneeweiss Charged With Theft
March 24th, 2007
BISMARCK, NORTH DAKOTA – A man who ran for sheriff in Morton County in the 2006 primary election has been charged with felony theft in neighboring Burleigh County.
Eugene Schneeweiss, 58, of Hebron, is accused of exchanging two empty nail gun boxes with two boxes containing nail guns at the Bismarck Menards store.
Police Lt. Dan Donlin said Schneeweiss asked store staff if he could compare the nail guns he had to the nail guns the store carried. Staff later saw him exchanging the boxes over surveillance video, Donlin said.
Schneeweiss could face up to five years in prison and $5,000 in fines if convicted. He has not yet entered a plea.
Schneeweiss drew only 5 percent of the vote in the primary last June and was eliminated from the sheriff’s race.
Federal Judge Overturns North Dakota’s Largest Gambling Prosecution In History
March 8th, 2007
FARGO, NORTH DAKOTA – Susan Bala walked out of a federal prison Wednesday, more than two years after a jury convicted her and her business for an alleged illegal gambling operation.
She checked into a Pekin, Ill., hotel, the same city where she spent 524 days in a minimum security prison, and began putting the pieces of her life back together.
Her prison stay ended early when a federal appeals court overturned the conviction and U.S. District Judge Ralph Erickson entered an order acquitting Bala and Racing Services Inc. of Fargo in North Dakota’s largest gambling prosecution in history.
During her trial, Bala took the stand for two days and refused to admit wrongdoing.
Federal prosecutors, the judge and jurors disagreed.
The jury found Bala and RSI guilty on 12 counts relating to illegal betting and fraud. The judge ordered RSI to forfeit $99 million, with Bala responsible for $19.7 million and gave her 27 months in prison.
Read MoreBurleigh County North Dakota Sheriff’s Captain Lisa Wicks Pleads Guilty To Reckless Driving
March 7th, 2007
BURLEIGH COUNTY, NORTH DAKOTA – A Burleigh County Sheriff’s captain, accused in December of driving while under the influence, has pleaded guilty to a lesser charge of reckless driving.
Lisa Wicks, 38, entered the guilty plea in accordance with a plea agreement between Mandan City Attorney Stanley Boehm and her defense attorney, Jodi Colling, according to court documents. The agreement changed the charge from driving under the influence to reckless driving.
South Central District Judge David Reich approved the plea agreement Monday.
The plea agreement calls for Wicks to pay $500 in fines and fees, get an alcohol evaluation within 60 days and be on unsupervised probation for one year.
Wicks was pulled over for speeding around 1:30 a.m. on Dec. 17 in Mandan. She was arrested for driving under the influence after a patrol officer performed a field sobriety test. She was released on a $300 cash bond, which now will go toward paying her fines and fees.
Read MoreBurleigh County North Dakota Sheriff’s Captain Lisa Wicks Pleads Guilty To Reckless Driving After Arrest For Drunk Driving And Speending
March 6th, 2007
BURLEIGH COUNTY, NORTH DAKOTA – A Burleigh County Sheriff’s Captain accused in December of driving under the influence has pleaded guilty to a lesser charge of reckless driving.
Lisa Wicks, 38, entered the guilty plea in accordance with a plea agreement between Mandan City Attorney Stanley Boehm and her defense attorney, Jodi Colling, according to court documents. The agreement changed the charge from driving under the influence to reckless driving.
South Central District Judge David Reich approved the plea agreement Monday.
The plea agreement calls for Wicks to pay $500 in fines and fees, get an alcohol evaluation within 60 days and be on unsupervised probation for one year.
Wicks was pulled over for speeding around 1:30 a.m. on Dec. 17 in Mandan. She was arrested for driving under the influence after a patrol officer performed a field sobriety test. She was released on a $300 cash bond, which now will go toward paying her fines and fees.
Read MoreProposed North Dakota Criminal Background Cast Wide Net In State After Barnes County Hires Felon Jailer Moe Gibbs Without A Background Check - Now Charged With Murder In Killing Of University Student
February 18th, 2007
NORTH DAKOTA ? When Laura Carlson graduates this spring with a nursing degree, she’ll likely have to subject herself to an FBI criminal background check before she can get a job in North Dakota. That doesn’t bother the 23-year-old Fargo resident at all.
“I think it’s a good idea, especially in our field,” the North Dakota State University nursing student said. “You have access to narcotics, and you have access to all the personal information in (a patient’s) life.
“Working in a hospital, in a professional atmosphere, they should know about us,” Carlson said.
If a bill working its way through the North Dakota Legislature becomes law - it’s been unanimously endorsed by the state Senate - everyone from jailers to staffers in North Dakota’s budget office will be required to undergo a federal criminal history check before they may get a job. The requirement also could apply to anyone from dentists to real estate agents.
Read MoreBarnes County North Dakota Jailer Moe Gibbs, Charged With Murder, Pleads Not Guilty To Sexually Assaulting Inmates
February 7th, 2007
VALLEY CITY, NORTH DAKOTA – A former Barnes County jailer has pleaded not guilty to charges he sexually assaulted female inmates.
Moe Gibbs appeared Tuesday in Southeast District Court, a spokeswoman for the attorney general’s office said. A trial date was not immediately set.
Gibbs is accused of sexually abusing women while he worked at the jail in Valley City. The incidents allegedly occurred at the jail between May and September.
Gibbs is charged with sexual assault, gross sexual imposition and sexual abuse of a ward.
He waived his right to a preliminary hearing Tuesday, said Liz Brocker, a spokeswoman for the attorney general’s office.
Prosecutors say Gibbs assaulted some of the prisoners while they slept.
Gibbs also is charged with murder in the death of Valley City State student Mindy Morgenstern, 22, of New Salem. His trial in that case is scheduled for June 19 in Minot.
Read MoreWoman Sues Fargo North Dakota In Federal Court For Breaking The Law By Overcharging For Traffic Fines, Seeks Class Action Status
February 2nd, 2007
FARGO, NORTH DAKOTA - A woman says this city has been breaking the law by overcharging people for traffic violations.
Stephanie Sauby, of Fargo, a day care worker, filed a lawsuit in federal court on behalf of all drivers who have paid fines for traffic violations in the city since Aug. 30, 2001. She seeks to have it declared a class action lawsuit.
“I believe that our pleadings we filed with the U.S. District Court speak for themselves,” Mark Friese, one of Sauby’s attorneys, said Thursday. “We’re basically looking forward to the city’s response.”
Stacey Tjon, an attorney for the city, said it was too early to comment on the complaint. She said the lawsuit is complicated by three alleged constitutional violations.
“We’re just beginning to comb through it,” Tjon said Thursday.
Read MoreAssistant Fargo North Dakota Federal Airport Security Director Jon Carlisle Holman Charged With DWI
January 17th, 2007
FARGO, NORTH DAKOTA – The assistant federal security director for screening at this city’s airport has been charged with drunken driving in Minnesota.
Jon Carlisle Holman, of Glyndon, Minn., is facing two counts of third-degree driving while intoxicated charges in Clay County District Court.
Holman, a former Fargo police lieutenant, was arrested early Saturday morning in Dilworth, Minn.
Police said Holman failed several field sobriety tests and blew a .22 on a breathalyzer. The legal limit in Minnesota is .08.
Holman has been released after posting a $3,000 bond.
Holman said Tuesday that he found “it very difficult to comment about something like this at this time pending the resolution of this in court.”
His next court appearance is scheduled for Feb. 26.
Barnes County North Dakota Corrections Officer Moe Gibbs, Charged With Murder And Sexual Abuse Of Inmates, Promps Bill For Employee Background Checks
January 16th, 2007
BARNES COUNTY, NORTH DAKOTA – A Barnes County jailer who is accused of murder and sexually abusing female inmates has prompted state officials to support criminal background checks for security guards, health care workers and other employees in sensitive jobs.
“Obviously, it’s long overdue,” said Sen. Larry Robinson, D-Valley City, who called the proposed legislation “aggressive and comprehensive.”
Attorney General Wayne Stenehjem and legislators who are sponsoring the bill - Robinson and Reps. Phillip Mueller, D-Valley City, and Kim Koppelman, R-West Fargo - held a news conference Monday to discuss the proposal.
They said it was prompted by the case of Moe Gibbs, a former Barnes County jailer who is facing a murder charge in the Sept. 13 death of Valley City State University student Mindy Morgenstern. At the news conference, Robinson wore a button with Morgenstern’s photo on it.
Read MoreFargo North Dakota Deputy Federal Marshal Terry Fred Suspended And Demoted After Drunk Driving And Hit-And-Run Crash
January 9th, 2007
FARGO, NORTH DAKOTA - A chief deputy federal marshal has been demoted and suspended after a drunken driving arrest and a hit-and-run crash.
Terry Fred, 45, was demoted and given a 30-day unpaid suspension by a disciplinary review panel, U.S. Marshal Dave Carpenter said Monday. Fred likely will be transferred out of state, Carpenter said.
Fargo police arrested Fred last February for drunken driving and leaving the scene of a crash that involved property damage. Authorities said Fred was driving a government-owned sport utility vehicle.
Carpenter said Fred’s suspension took effect Sunday.
Fargo North Dakota Counselor, Kimberly Nack, Also A School District Truant Officer, Charged With Sexual Assault On 16 Year Old Boy
January 6th, 2007
FARGO, NORTH DAKOTA – A woman who worked at a treatment center for young adults sent a 16-year-old boy several text messages, including one that said, “I wuv u 2,” authorities say in court documents charging her with sexual assault and harboring a runaway minor.
Kimberly Nack, 28, of Fargo, was charged Friday in East Central District Court. Authorities said she and the 16-year-old boy met while she was working as a counselor at Luther Hall, a treatment center for young people. She also has worked as a truant officer in the Moorhead, Minn., School District.
Investigators found the youth at Nack’s apartment on Dec. 23, court documents show. Nack told authorities that she let him use her apartment because he had been kicked out of his home.
Investigators said Nack acknowledged kissing the boy and allowing him to fondle her when the two of them were watching movies at the apartment.
Read MoreLarimore North Dakota Police Chief Steven Jones Was Fired, Not Because He Is Black Or Incompetent, But For His Own Personal Safety And The Safety Of The Public
January 4th, 2007
LARIMORE, NORTH DAKOTA - The short-time police chief here was fired last month for safety reasons, not because of poor job performance or because he’s black, the mayor said Tuesday at a City Council meeting.
Mayor Marvin Denault said former Police Chief S