Washington County summary of major cases for the week of March 23

The following is a summary of cases handled by the Washington County Attorney's Office for the week of March 23, 2009. 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 3/23/2009

DATE: 3/25/2009

DEFENDANT: Chad James Cuddihy

DOB: 4/27/1954

CITY/RESIDENCE: Woodbury, MN

AGENCY: Woodbury Police Department

CHARGE: I: Aiding and Abetting Theft-Take/Use/Transfer Movable Prop-No

Consent; II: Aiding and Abetting Damage to Prop-1st Deg-Value Reduced Over

$1,000

DATE: 3/25/2009

DEFENDANT: Jacques Noel Philippon

DOB: 10/29/1966

CITY/RESIDENCE: Woodbury, MN

AGENCY: Woodbury Police Department

CHARGE: I: Aiding and Abetting Theft-Take/Use/Transfer Movable Prop-No

Consent; II: Aiding and Abetting Damage to Prop-1st Deg-Value Reduced Over

$1,000

DATE: 3/24/2009

DEFENDANT: Melissa Marie Drikakis

DOB: 11/27/1981

CITY/RESIDENCE: Oakdale, MN

AGENCY: Woodbury Police Department

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

DATE: 3/25/2009

DEFENDANT: Chen Chang Yang

DOB: 7/6/1990

CITY/RESIDENCE: St. Paul, MN

AGENCY: Oakdale Police Department

CHARGE: I: Aiding and Abetting Riot-2nd Degree-Armed w/Dangerous Weapon;

II: Aiding and Abetting Riot-3rd Degree-Unlawful Force or Violence

DATE: 3/19/2009

DEFENDANT: Christopher Scott Petersen

DOB: 8/7/1980

CITY/RESIDENCE: St. Paul, MN

AGENCY: Woodbury Police Department

CHARGE: I: Drugs - 5th Degree - Possess Schedule 1,2,3,4 - Not Small

Amount Marijuana

DATE: 3/25/2009

DEFENDANT: Crystal Lynn Phelps

DOB: 5/3/1986

CITY/RESIDENCE: St Paul, MN

AGENCY: Woodbury Police Department

CHARGE: I: Aiding and Abetting Financial Transaction Card Fraud-Use-No

Consent

DATE: 3/24/2009

DEFENDANT: Trinidad Jesus Garcia

DOB: 1/31/1972

CITY/RESIDENCE: St. Paul, MN

AGENCY: Woodbury Police Department

CHARGE: I: Financial Transaction Card Fraud-Use-No Consent

DATE: 3/18/2009

DEFENDANT: Molly Jo Knadle

DOB: 5/5/1963

CITY/RESIDENCE: Forest Lake, MN

AGENCY: Forest Lake Police Department

CHARGE: I: Drugs - 5th Degree - Possess Schedule 1,2,3,4 - Not Small

Amount Marijuana

DATE: 3/24/2009

DEFENDANT: Lara Nicole Mardaus

DOB: 12/29/1972

CITY/RESIDENCE: Stillwater, MN

AGENCY: Washington County Sheriff's Office

CHARGE: I: Traffic - DWI - Operate Motor Vehicle - Alcohol Concentration

0.08 Within 2 Hours; II: Domestic Assault-Misdemeanor-Intentionally

Inflicts/Attempts to Inflict Bodily Harm; III: Traffic - Open bottle law;

Possession; crime described

DATE: 3/20/2009

DEFENDANT: Daniel Lee Traxler

DOB: 9/7/1967

CITY/RESIDENCE: Forest Lake, MN

AGENCY: Forest Lake Police Department

CHARGE: I: Domestic Assault-Felony

DATE: 3/23/2009

DEFENDANT: Daniel Lynn Mills

DOB: 11/27/1966

CITY/RESIDENCE: Minneapolis, MN

AGENCY: Stillwater Police Department

CHARGE: I: Traffic - DWI - First-Degree DWI; previous felony DWI

conviction; II: Traffic - DWI - First-Degree DWI; previous felony DWI

conviction; III: Traffic-DL-Driving after cancellation-inimical to public

safety; IV: Traffic - Open bottle law; Possession; crime described

DATE: 3/24/2009

DEFENDANT: James Lee Roth

DOB: 3/18/1961

CITY/RESIDENCE: St Paul, MN

AGENCY: Cottage Grove Police Department

CHARGE: I: Fleeing a Peace Officer in a Motor Vehicle; II: Traffic - DWI -

Operate Motor Vehicle Under Influence of Alcohol; III: Traffic - DWI -

Operate Motor Vehicle Under Influence of Alcohol; IV: Traffic-Drivers

License-Driving After Revocation

DATE: 3/24/2009

DEFENDANT: Anthony Charles Olson

DOB: 8/3/1987

CITY/RESIDENCE: Hudson, WI

AGENCY: Minnesota State Patrol Dist. 2400-East Metro

CHARGE: I: Drugs - 5th Degree - Possess Schedule 1,2,3,4 - Not Small

Amount Marijuana; II: Traffic - DWI - Operate Motor Vehicle Under

Influence of Controlled Substance

DATE: 3/26/2009

DEFENDANT: James Marvin Joyce

DOB: 7/31/1960

CITY/RESIDENCE: Scandia, MN

AGENCY: Forest Lake Police Department

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; IV: Obstruct Legal Process-Interfere w/Peace Officer

DATE: 3/27/2009

DEFENDANT: Eddie Castillo

DOB: 1/21/1969

CITY/RESIDENCE: Cottage Grove, MN

AGENCY: Cottage Grove Police Department

CHARGE: I: Drugs - 5th Degree - Sale - Marijuana Mixture Except Small

Amount of Marijuana with No Remuneration; II: Traffic-Drivers

License-Driving After Revocation; III: Traffic Regulation-Uninsured

Vehicle-Driver Violation; IV: Drugs - Possession of Drug Paraphernalia -

Use or Possession

SENTENCING FOR THE WEEK OF 3/23/2009

DATE: 3/16/2009

DEFENDANT: Gregory John Tomasko

DOB: 4/10/1963

CITY/RESIDENCE: Hastings, MN

AGENCY: Cottage Grove Police Department

CONVICTION: Controlled Substance Crime in the Fifth Degree

SENTENCE: Committed to the Commissioner of Corrections for 21

months, he is to pay a $50 fine and provide a DNA sample.

DATE: 3/23/2009

DEFENDANT: Corey Dion Bradshaw

DOB: 5/3/1977

CITY/RESIDENCE: Maple Grove, MN

AGENCY: Forest Lake Police Department

CONVICTION: Financial Transaction Card Fraud

SENTENCE: Court stayed imposition of sentence and placed defendant

on probation for 5 years on following conditions: 1) Serve 30 days in jail

with credit for 20 days served; 2) Pay $200 fine plus surcharges; 3)

Restitution ordered; 4) No direct or indirect contact with the victim or

residence and place of business; 5) Seek and maintain gainful employment;

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: 3/27/2009

DEFENDANT: Rasheed Iben Abdullah

DOB: 4/16/1985

CITY/RESIDENCE: Minneapolis, MN

AGENCY: Woodbury Police Department

CONVICTION: 2nd Degree Assault

SENTENCE: The defendant was committed to the Commissioner of

Corrections for 54 months. The amount of credit he is to receive is to be

determined and will be concurrent with any sentence from another county.

DATE: 3/23/2009

DEFENDANT: Scott William Seuberth

DOB: 1/27/1961

CITY/RESIDENCE: Hastings, MN

AGENCY: Washington County Sheriff's Office

CONVICTION: Theft

SENTENCE: Court stayed imposition of sentence and placed on

probation for 5 years on following conditions: 1) Serve 68 days in jail

with credit for 1 day served. Time to be served on in-custody Sentence to

Service, qualified criteria waived. Report within 30 days for orientation;

2) Pay $50 fine plus surcharges; 3) Restitution ordered; 4) Complete a

chemical dependency evaluation within 30 days of sentencing and follow all

recommendations; 5) Abstain from the use of all mood-altering chemicals,

including alcohol, and submit to random

urinalysis/breathalyzers at own expense; 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: 3/25/2009

DEFENDANT: Robert Wayne Morley

DOB: 10/21/1964

CITY/RESIDENCE: Forest Lake, MN

AGENCY: Forest Lake Police Department

CONVICTION: Fleeing a Peace Officer

SENTENCE: The defendant was given one year jail and a $3,000 fine.

185 days of the jail time and $2,800 of the fine were suspended for two

years on the following conditions: 1) 2 years probation; 2) pay the fine;

3) serve the jail time; 4) abstain from the use of chemicals, including

alcohol, submit to random testing; 5) complete the Washington County

Repeat Offender Program and follow all the rules and requirements of the

program; 6) complete a cognitive skills assessment and follow the

recommendations; 7) no same or similar offenses, remain law abiding.

DATE: 3/16/2009

DEFENDANT: Jeffrey Douglas McPhail

DOB: 6/12/1976

CITY/RESIDENCE: NORTH BRANCH, MN

AGENCY: Washington County Sheriff's Office

CONVICTION: Terroristic Threats

SENTENCE: $3,000 and 365 days with $2,500 and 342 days stayed; two

years probation; no contact with victims; write a letter of apology to the

victims; have an anger management assessment; remain law abiding, and

provide a DNA sample.

DATE: 3/25/2009

DEFENDANT: Tom Trass, Jr.

DOB: 11/18/1962

CITY/RESIDENCE: St. Paul, MN

AGENCY: Woodbury Police Department

CONVICTION: Forgery

SENTENCE: Imposition of sentence was stayed and the defendant was

placed on probation for five years with the following conditions: 1)

serve 13 days jail with credit for 13 days served; 2) pay $500 plus

surcharge; 3) abstain from chemicals, including alcohol, submit to random

testing; 4) seek and maintain gainful employment and provide verification;

5) no same or similar offenses, remain law abiding; 6) cooperate with the

transfer of probation to county of residence; 7) provide DNA sample.

DATE: 3/20/2009

DEFENDANT: Victor Hugo Saenz

DOB: 6/20/1990

CITY/RESIDENCE: WOODBURY, MN

AGENCY: Woodbury Police Department

CONVICTION: Terroristic Threats

SENTENCE: Court stayed the imposition of sentence and placed

defendant on probation for 3 years on the following conditions: 1) Serve

45 days in jail. Time to be served on out-of-Custody Sentence to Service,

criteria waived; 2) Pay $300 fine plus surcharges; 3) Restitution ordered,

to be paid joint and several with any co-defendants; 4) No direct or

indirect contact with the victim; 5) Complete an anger management

evaluation; 6) Complete a chemical dependency evaluation and follow all

recommendations, including aftercare plans; 7) Abstain from the use of all

mood-altering chemicals, including alcohol, and submit to random

urinalysis/breathalyzers at own expense; 8) No same or similar offenses,

be law abiding, and cooperate with all the standard conditions of

probation; 9) Provide a biological specimen for purposes of DNA analysis.

DATE: 3/16/2009

DEFENDANT: Timothy Donald Emert

DOB: 3/26/1963

CITY/RESIDENCE: Blaine, MN

AGENCY: Washington County Sheriff's Office

CONVICTION: Fleeing a Peace Officer in a Motor Vehicle

SENTENCE: Defendant was committed to the Commissioner of Corrections

for 13 months, stay of execution, three years probation, credit for 157

days jail already served, pay a $50 fine, complete chemical dependency

treatment, abstain from chemicals and alcohol, submit to random

urinalyses, remain law abiding, cooperate with transfer of probation, and

provide a DNA sample.

DATE: 3/9/2009

DEFENDANT: Benjamin Douglas Salus

DOB: 1/24/1990

CITY/RESIDENCE: Lake Elmo, MN

AGENCY: Woodbury Police Department

CONVICTION: Burglary in the 4th Degree

SENTENCE: Sentenced to $3,000, 365 days with $2,700 and 350 days

stayed for 2 years on the following conditions: remain law abiding, serve

15 days, pay restitution, $415 to City of Woodbury by 9/1/09.

DATE: 3/26/2009

DEFENDANT: Patrick Stephen Dow

DOB: 12/8/1966

CITY/RESIDENCE: Stillwater, MN

AGENCY: Stillwater Police Department

CONVICTION: Disorderly Conduct

SENTENCE: $1000 fine and 90 days in jail with $500 and 89 days

suspended for one year on conditions of probation: 1) Serve 1 day in jail

with credit for 1 day served; 2) Pay $500 fine plus surcharges; 3) No

direct or indirect contact with the victim; 4) Complete a chemical

dependency evaluation and follow all recommendations, including aftercare

plans; 5) Abstain from the use of all mood-altering chemicals, including

alcohol, and submit to random urinalysis/breathalyzers at own expense; 6)

Complete a psycho-sexual evaluation and follow all recommendations, enter

and successfully complete a short term group, if it seems an unacceptable

treatment may return for a hearing; 7) No same or similar offenses, remain

law abiding, and cooperate with all the standard conditions of probation.

DATE: 3/25/2009

DEFENDANT: Julia Marie Katherine Patek

DOB: 10/10/1975

CITY/RESIDENCE: MAHTOMEDI, MN

AGENCY: Washington County Sheriff's Office

CONVICTION: Assault 3rd Degree

SENTENCE: Court stayed the imposition of sentence and placed

defendant on probation for 5 years on the following conditions: 1) Serve

68 days in jail with credit for 6 days served, concurrent to Washington

County Court File #CR-08-3880 (Prosecuted by City of Stillwater). Time to

be served on any in-custody alternative; 2) Pay $50 fine plus surcharges;

3) Cooperate with all Child Protection and Guardian ad Litem requirements

and recommendations; 4) Have no direct or indirect contact with the

victims; 5) Complete an anger management and/or domestic abuse treatment

program; 6) Complete all mental health programming; 7) Abstain from the

use of all mood-altering chemicals, including alcohol; 8) No same or

similar offenses, be law abiding, and cooperate with all the standard

conditions of probation; 9) Cooperate with the transfer of supervision to

County/State of residence; 10) Provide a biological specimen for purposes

of DNA analysis.

DATE: 3/23/2009

DEFENDANT: Timothy Lee Johnson

DOB: 7/19/1962

CITY/RESIDENCE: ST PAUL, MN

AGENCY: Washington County Sheriff's Office

CONVICTION: Gross Misdemeanor - Introduce Contraband/Drugs/Liquor into

Jail

SENTENCE: Stay of imposition of sentence, probation of 2 years:

Serve 5 days, credit for 5 days, abstain, random testing, have Chemical

Dependency Evaluation within 45 days and follow recommendations. Be law

abiding.

DATE: 3/24/2009

DEFENDANT: Carlton Joel Foss

DOB: 1/13/1987

CITY/RESIDENCE: Cumberland, WI

AGENCY: Woodbury Police Department

CONVICTION: I: Gross Misdemeanor Fleeing Police in a Motor Vehicle;

II: 4th Degree DWI

SENTENCE: Count I: Gross Misdemeanor Fleeing Police in a Motor

Vehicle - the defendant was ordered to serve 1 year jail and pay a $3,000

fine. 335 days of the jail time and $2,700 of the fine were suspended for

two years on the following conditions: 1) probation for 2 years; 2) serve

the jail time, which can be done on out-of-custody Sentence to Service; 3)

pay the fine; 4) complete all recommendations from the chemical dependency

evaluation that was completed in Barron County; 5) abstain from the use of

chemicals, including alcohol, submit to random testing; 6) no same or

similar offenses, remain law abiding; 7) provide a DNA sample. Count II:

4th Degree DWI - the defendant was given 90 days jail and a $1,000 fine.

60 days of the jail time and $300 of the fine were suspended on the

following conditions: 1) 2 years probation; 2) pay the fine which is in

addition to Count I; 3) serve 30 days jail which is concurrent with Count

I; 4) follow the recommendations of the chemical dependency evaluation; 5)

abstain from the use of chemicals, including alcohol, submit to

random testing; 6) attend a MADD Victim Impact Panel; 7) no same or

similar offenses.

DATE: 3/25/2009

DEFENDANT: Richard Alan Peloquin

DOB: 11/15/1982

CITY/RESIDENCE: North Branch, MN

AGENCY: Forest Lake Police Department

CONVICTION: I: Theft of Motor Vehicle; II: Misd. DWI

SENTENCE: On Count I: Theft of Motor Vehicle: The Court committed

the defendant to the Commissioner of Corrections for 15 months and stayed

the execution of sentence and placed the defendant on probation for 5

years under the following conditions: 1) Serve 113 days in the Washington

County Jail with credit for 81 days served. 2) Pay a fine of $200 plus

surcharges. 3) Pay restitution in the amount of $745.88 to victims

through Washington County Court Administration on a schedule to be

established by the supervising probation officer. 4) Complete an

evaluation for Cognitive Skills Programming and follow all

recommendations. 5) Complete a chemical dependency evaluation within 10

days and follow all recommendations, including aftercare plans. 6)

Abstain from the use of all mood altering chemicals, including alcohol,

and submit to random urinalysis/breathalyzers at his own expense. 7)

Attend a MADD Victim Impact

Panel. 8) Seek and maintain gainful employment and provide verification

to the supervising probation officer. 9) Have no same or similar

offenses, be law abiding and cooperate with all the standard conditions of

probation. 10) Cooperate with the transfer of his supervision to his

county/state of residence. 11) Complete his high school equivalency

unless the supervising probation officer deems it unnecessary. 12)

Complete a South Oaks Gambling Screen and follow any recommendations. 13)

Pay restitution of $20 to victim for the insurance co-pay and restitution

is reserved for an additional 60 days so the victim can provide proof

relating amount. The defendant has previously submitted a biological

specimen for purposes of DNA analysis. On Count II: Misdemeanor DWI: The

Court imposed a $1,000 fine and 90 days in jail with $500 suspended for 2

years and the defendant has credit for 81 days already served. The

defendant is ordered to complete all the special probation conditions set

forth for the Felony Theft of Motor Vehicle charge.

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