Washington County summary of major cases, Sept. 1

The following is a summary of cases handled by the Washington County Attorney's Office for the week of Sept. 1, 2008. This list includes dates of first appearances of felonies and gross misdemeanors and results of sentencing hearings of felonies and gross misdemeanors.

SUMMARY OF MAJOR CASES FOR THE WEEK OF SEPT. 1, 2008

DATE: 9/4/2008

DEFENDANT: Amy Lynn Oliver

DOB: 4/26/1958

CITY/RESIDENCE: Stillwater, MN

AGENCY: Washington County Sheriff's Office

CHARGE: I: Theft-by Swindle

DATE: 9/2/2008

DEFENDANT: Jared William Merta

DOB: 11/6/1980

CITY/RESIDENCE: So. St. Paul, MN

AGENCY: Washington County Sheriff's Office

CHARGE: I: Theft-Take/Drive Motor Vehicle-No Owner Consent; II: Receiving Stolen Property; III: Theft-Take/Use/Transfer Movable Prop-No Consent; IV: Traffic-Drivers License-Driving After Revocation

DATE: 9/2/2008

DEFENDANT: Trent Joel Foley

DOB: 5/18/1972

CITY/RESIDENCE: Newport, MN

AGENCY: St. Paul Park Police Department

CHARGE: I: Receiving Stolen Property

DATE: 8/29/2008

DEFENDANT: Robert Lee Gilley

DOB: 10/24/1974

CITY/RESIDENCE: WILLS POINT, TX

AGENCY: Washington County Sheriff's Office

CHARGE: I: Criminal Sexual Cond-1st Degree-Penet or Contact with Person Under 13-Actor >36m oldr; II: Criminal Sex Conduct-2nd Degree-Victim Under 13-Actor > 36m Old

DATE: 9/2/2008

DEFENDANT: Barry Malcolm Carlson

DOB: 5/17/1944

CITY/RESIDENCE: STILLWATER, MN

AGENCY: Oak Park Heights Police Department

CHARGE: I: Theft-Take/Use/Transfer Movable Prop-No Consent

DATE: 9/4/2008

DEFENDANT: Michael John Racho

DOB: 9/5/1968

CITY/RESIDENCE: ST PAUL, MN

AGENCY: Stillwater Police Department

CHARGE: I: Terroristic Threats-Reckless Disregard Risk; II: Harassment-Stalking-Intent to Injure

DATE: 9/2/2008

DEFENDANT: Michele Caroline Mackey

DOB: 2/5/1956

CITY/RESIDENCE: Woodbury, MN

AGENCY: Woodbury Police Department

CHARGE: I: Financial Exploitation-Vulnerable Adult-Fail Provide Care

DATE: 9/2/2008

DEFENDANT: Jeffrey Douglas McPhail

DOB: 6/12/1976

CITY/RESIDENCE: NORTH BRANCH, MN

AGENCY: Washington County Sheriff's Office

CHARGE: I: Terroristic Threats-Reckless Disregard Risk

DATE: 9/2/2008

DEFENDANT: Eric Joseph Mcdonald

DOB: 8/13/1983

CITY/RESIDENCE: LINDSTROM, MN

AGENCY: Forest Lake Police Department

CHARGE: I: Check Forgery-Make or Alter a Check; II: Check Forgery-Offer/Possess W/Intent to Defraud

DATE: 9/3/2008

DEFENDANT: Tysheldin Lamont Forrest

DOB: 8/31/2008

CITY/RESIDENCE: Fargo, ND

AGENCY: Minnesota State Patrol Dist. 2400-East Metro

CHARGE: I: Drugs - 5th Degree - Possess Schedule 1,2,3,4 - Not Small Amount Marijuana; II: Drugs - Possess Over 1.4 Grams Marijuana In Motor Vehicle

DATE: 9/3/2008

DEFENDANT: Paul Thomas Mock

DOB: 8/16/1972

CITY/RESIDENCE: St. Paul, MN

AGENCY: Minnesota State Patrol Dist. 2400-East Metro

CHARGE: I: Traffic - DWI - First-Degree DWI;w/in 10 yrs of 3 or more qualified prior impaired driving incidents; II: Traffic - DWI - First-Degree DWI;w/in 10 yrs of 3 or more qualified prior impaired driving incidents; III: Traffic-DL-Driving after cancellation-inimical to public safety

DATE: 9/4/2008

DEFENDANT: Jon Cody Cordell

DOB: 7/4/1981

CITY/RESIDENCE: MANASSAS, VA

AGENCY: Stillwater Police Department

CHARGE: I: Terroristic Threats-Reckless Disregard Risk

SENTENCING FOR THE WEEK OF SEPT. 1, 2008

DATE: 8/29/2008

DEFENDANT: Theresa Lynn Blue

DOB: 12/8/1965

CITY/RESIDENCE: Maple Lake, MN

AGENCY: Woodbury Police Department

CONVICTION: Financial Transaction Card Fraud

SENTENCE: Committed to Commissioner of Corrections for a period of 12 months/1 day, Stay of execution, probation for 5 years under following conditions: 1. Follow all rules of probation, 2. Abide by intensive supervision, 3. Cooperate with transfer of probation, 4. Abstain from all mood-altering chemicals, including alcohol and submit to random testing, 5. Enter and complete treatment at women's recovery

center, 6. Attend AA/NA meetings as deemed by recovery center recommendations, 7. Pay restitution. 8. $50 fine plus surcharges, 9. Seek and maintain gainful employment, 10. Remain law abiding, 11. Provide a biological specimen for DNA purposes, 12. Credit for 64 or 73 days, 13. Upon completion of women's recovery center complete a cognitive skills assessment, 14. No contact order in place.

DATE: 9/5/2008

DEFENDANT: Derek Lamar Ethridge

DOB: 11/10/1977

CITY/RESIDENCE:

AGENCY: Minnesota Correctional Facility Stillwater

CONVICTION: Aiding and Abetting Assault 3rd Degree

SENTENCE: Committed to Commissioner of Corrections for 15 months.

DATE: 8/29/2008

DEFENDANT: Michael James Bergum

DOB: 8/8/1972

CITY/RESIDENCE: Bayport, MN

AGENCY: Bayport Police Department

CONVICTION: Fourth Degree Criminal Sexual Conduct

SENTENCE: The Court stayed imposition of sentence and placed defendant on probation for 10 years on the following conditions: 1. Serve 180 days in jail, concurrent to all files, on work release or in-custody Sentence to Service, criteria waived, credit for 10 days. 2. Pay $3000 fine plus surcharges; however, if restitution is ordered, court will suspend fine payment so defendant can pay restitution first. 3. The Court will review any restitution the Minnesota Crime Victims Reparations Board awarded to victims to determine restitution. Restitution to remain open for one year for ongoing counseling costs. 4. No direct or indirect contact with the victims, wherever they are located. 5. Abstain from the use of all mood-altering chemicals, including alcohol, and submit to random urinalyses at own expense. 6. Enter and complete sex offender treatment and follow all recommendations. 7. Participate in and pay for any polygraph testing required by treatment provider. 8. No contact with female minors, under the age of 18, with the exception of his children, until it has been determined to be appropriate by a therapist trained in the evaluation and treatment of sexual offenders and probation. 9. No same or similar offenses, be law abiding, and cooperate with all the standard conditions of probation. 10. Follow all the standard conditions of the Sex Offender Unit. 11. Register as a predatory offender. 12. Provide a biological specimen for purposes of DNA analysis. .

DATE: 8/29/2008

DEFENDANT: Michael James Bergum

DOB: 8/8/1972

CITY/RESIDENCE: Bayport, MN

AGENCY: Bayport Police Department

CONVICTION: Fourth Degree Criminal Sexual Conduct

SENTENCE: The Court stayed imposition of sentence and placed defendant on probation for 10 years on the following conditions: 1. Serve 180 days in jail, concurrent to all files, on work release or in-custody Sentence to Service, criteria waived, credit for 10 days. 2. Pay $3000 fine plus surcharges; however, if restitution is ordered, court will suspend fine payment so defendant can pay restitution first. 3. The Court will review any restitution the Minnesota Crime Victims Reparations Board awarded to victims to determine restitution. Restitution to remain open for one year for ongoing counseling costs. 4. No direct or indirect contact with the victims, wherever they are located. 5. Abstain from the use of all mood-altering chemicals, including alcohol, and submit to random urinalyses at own expense. 6. Enter and complete sex offender treatment and follow all recommendations. 7. Participate in and pay for any polygraph testing required by treatment provider. 8. No contact with female minors, under the age of 18, with the exception of his children, until it has been determined to be appropriate by a therapist trained in the evaluation and treatment of sexual offenders and probation. 9. No same or similar offenses, be law abiding, and cooperate with all the standard conditions of probation. 10. Follow all the standard conditions of the Sex Offender Unit. 11. Register as a predatory offender. 12. Provide a biological specimen for purposes of DNA analysis.

DATE: 9/5/2008

DEFENDANT: Craig Randall Hoch

DOB: 7/2/1970

CITY/RESIDENCE: Andover, MN

AGENCY: Forest Lake Police Department

CONVICTION: Check Forgery; Identity Theft

SENTENCE: Committed defendant to the Commissioner of Corrections for a period of 15 months concurrent to any current sentence, credit for any time since 9/27/08, restitution to be paid, plus statutory mandated $1000.00; $50 and provide a DNA sample.

DATE: 9/5/2008

DEFENDANT: Aaron Thomas Zuniga

DOB: 1/2/1987

CITY/RESIDENCE: Newport, MN

AGENCY: Cottage Grove Police Department

CONVICTION: 5th Degree Controlled Substance Crime

SENTENCE: The Court stayed adjudication of sentence pursuant to 152.18 and placed defendant on probation for 5 years under the following conditions: 1) serve 1 day in jail with credit for 1 day served; 2) pay a $350 fine plus surcharges; 3) abstain from the use of all non-prescribed mood-altering chemicals, including alcohol, and submit to random testing at his own expense; 4) attend AA/NA meetings one time per week for six months and provide verification to probation; 5) have no same or similar offenses, be law abiding, and cooperate with the standard conditions of probation.

DATE: 9/5/2008

DEFENDANT: Shawn Russell Museus

DOB: 11/2/1984

CITY/RESIDENCE: North St. Paul, MN

AGENCY: Oakdale Police Department

CONVICTION: Theft; Receive Stolen Property

SENTENCE: Stay the imposition of sentence and place defendant on probation for 5 years under the following conditions: 1) Serve 23 days in jail with credit for 3 days served. Time to be served on in- or out-of-custody Sentence to Service. 2) Pay $50 fine plus surcharges. 3) Pay restitution. Restitution to be paid joint and several with codefendant. 4) Seek and maintain gainful employment and provide verification. 5) Complete an evaluation for Cognitive Skills Programming, and follow all recommendations. 6) No same or similar offenses, be law abiding, and cooperate with all the standard conditions of probation. 7) Cooperate with the transfer of his supervision to his County/State of residence. 8) Provide a biological specimen for purposes of DNA analysis.

DATE: 8/27/2008

DEFENDANT: Daniel Mark Kuchinski

DOB: 7/9/1963

CITY/RESIDENCE: White Bear Twp, MN

AGENCY: Stillwater Police Department

CONVICTION: First Degree Test Refusal

SENTENCE: The defendant was committed to the Commissioner of Corrections for 36 months. Execution of sentence was stayed and the defendant was placed on probation for 7 years with the following conditions: 1) serve 180 days jail; 2) pay a $500 fine; 3) complete chemical dependency treatment and aftercare; 4) abstain from the use of alcohol and chemicals, submit to random testing; 5) complete the Repeat DWI Program; 6) attend AA; 7) participate in MADD Victim Impact Panel; 8) remain law abiding; 9) cooperate with the transfer of probation; 10) serve 30 days on electronic home monitor every year; 11) provide a DNA sample.

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