Minnesota Criminal Defense Lawyer

A Minneapolis man has been charged with second-degree burglary in connection with a string of burglaries that occurred in Long Lake.

A crime alert was issued after three burglaries occurred on Wolf Point Trail in Long Lake. The Wayzata PD issued the alert. While only charged with one burglary at the time, it is believed that the suspect is connected to all three, as well as a number of burglaries in Wayzata and the western suburbs.

It all started when Minnetonka Police were called to respond to a burglar alarm at a residence on March 14. The suspect was apprehended shortly after the incident and was arrested. Investigators received details in the case that included information from Wayzata’s investigation. Two search warrants were executed in North Minneapolis.

Property that was stolen from one of the burglaries on Wolf Pointe Trail, as well as property from a burglary in another jurisdiction was recovered. The boots worn during the crime were also taken into custody.

The suspect, Mark Tracy Seaborn, 45, has multiple burglary convictions on his record and is currently on parole for a prior burglary conviction. Because he has a sizeable criminal history, his bail was set at a half million dollars.

The successful arresting of the suspect was the result of a close working relationship between Minnetonka Police and the Wayzata investigators, as well as patrol work by the Minnetonka Police. Other neighboring jurisdictions also assisted in the case.

After a crash that allegedly happened after drinking and driving, a mother has been charged with four counts of criminal vehicular operation.

According to the complaint filed in Anoka County, Misty Rose Briese, 27, was driving early in the morning last August when she crashed her vehicle on Prairie Road in Andover.

During the crash, the vehicle rolled into a ditch. Inside the vehicle were Briese, a 5-yar-old girl, and an adult male. The girl, who is Briese’s daughter, was strapped securely in a car seat.

Emergency crews said the little girl had to have a finger amputated as a result of the accident. The adult male in the vehicle also sustained injuries that resulted in surgery. A blood alcohol test showed that Briese had a blood alcohol concentration of .14.

Witnesses state that they saw the vehicle out of control, traveling at speeds of around 100 miles per hour, running stop signs, and passing cars in a no passing zone.

Other witnesses state they saw Briese and the adult male at a bar previously while the daughter was left alone in the car the entire time they were there.

If convicted, Briese faces up to 5 years in prison on two of the four counts and 3 years for the remaining two counts.

The death of Officer Tom Decker has been in the news for months, as he was killed on the job in November 2012 when a fellow officer fled the scene of the shooting.

Greg Reiter, the Cold Springs police officer who did not get out of his squad car after Decker was murdered, has now resigned, according to city officials.

Reiter fell under criticism in January when it was found out that he did not get out of his squad car when Decker, 31, was murdered behind the building that houses the Winner’s Bar. The two had responded to a call for a welfare check in the vicinity of the bar and that call ultimately ended in Decker’s death.

Reiter told investigators that he had heard two bangs at the time of the shooting and saw a man holding a gun near Decker’s squad car. Reiter said he then backed away in his car, which is when he saw Decker lying on the ground.

Reiter is not under investigation over the incident. There was one person arrested in the case, but he was released after just a few days in custody.

Another man, Eric Thomes, was questioned by officers in the shooting death of Decker, but he committed suicide soon after. Investigators say that they found the shotgun used in Decker’s murder at a property that Thomes accessed.

Cold Springs authorities still have not released information on what they believe occurred at the time of the shooting.

A Bovey, Minnesota man is now facing at least 35 years behind bars after he pleaded guilty in Itasca County Court to charges connected with the attempted murder of one person and the actual murder of another in December 2012.

Twenty-six-year-old William Levi Payne pleaded guilty to attempted first-degree murder, second-degree murder, terroristic threats, kidnapping, second-degree assault, two counts of burglary, and violation of a protection order.

According to the charges, the Itasca County Sheriff’s Office responded to a call where two individuals had been shot. Payne made a second 911 call in which he said he had just killed two people and that police should come pick him up. Payne was taken into custody that night at 10:48 p.m.

A witness said that she was in the bathroom at the residence at the time she heard Payne yelling. She then heard a number of gunshots. Payne then allegedly told the woman to come with him or he would shoot her too. She said he told her to drive to a nearby city, holding the gun to her head the entire time.

Payne then allegedly told the woman that he had shot two people and he believed that both of them were dead. What he didn’t know, according to the complaint, was that one of the victims had died on December 27.

It is possible that Payne could face up to 52 years or more in prison. His sentencing hearing is on March 7 and he is currently housed in the Itasca County Jail.

A Rocheseter woman had her five kids in the car with her while she drove drunk and then crashed the car. Now she won’t have to serve any more time in jail for the crime, but she will have to follow probation or she will have to serve the nearly year-long jail sentence waiting on her if she breaks the law.

Kyra L. Lindsey, 31, entered a guilty plea in November to child endangerment and criminal vehicular operation, which are both gross misdemeanors. The incident occurred on February 28, 2011 when she was south of Hampton on Highway 52 and lost control of the car that she was driving around 2:45 a.m. She would impact a guardrail on the right side of the road before careening across two lanes of traffic and resting in a ditch. The children in the car ranged from ages 3 months to 9 years old and none of them were injured.

Lindsey told investigators that she was on her way home from visiting with a friend. The trooper who arrived on the crash scene noted that he smelled the strong odor of alcohol when he got into the ambulance to speak to Lindsey. She said to him that she hit a patch of ice, but the trooper stated in his report that there was no ice on the road.

At Lindsey’s January 16 sentencing, her one-year jail sentence was stayed and she was given credit for the 5 days that she was in custody directly after her 2011 arrest. The judge ordered her to serve a year of probation, which means she cannot use drugs or alcohol, must submit to random testing, and must undergo a chemical dependency evaluation. She will also have to take part in a victim-impact panel and spend 15 days on electronic home monitoring.

A Minnesota homeowner has been charged with second-degree murder after the fatal shooting of two teens that broke into his home.

A number of details have emerged in the rather gruesome case of the man who fatally shot the two teenagers on Thanksgiving Day.

According of an audio recording of the incident, Byron David Smith, the homeowner, shot Hailie Kifer, 18, in the chest and then taunted her as she died. In the final moments of her life, he was telling her that she was dying. He then shot her repeatedly until she died.

Minutes before, Smith allegedly shot Nicholas Brady, 17, Kifer’s cousin. Police said in their report that Smith then dragged the bodies to a workshop and he kept them there for an entire day.

Authorities found out about the exact interaction between Smith and the teens through audio and video recordings that were found in a search of the home. They had recovered computer equipment and several memory cards. This data was allegedly the result of Smith’s home being broken into several times before this incident. It is estimated he was a victim of burglary eight times. In December, Smith would be charged with two counts of murder stemming from the fact the teens were shot multiple times.

In Minnesota, homeowners do have the right to protect their property and themselves, but the contention is that a person does not have the right to execute the intruder once the intruder has been neutralized.

While it has been said the teens would be alive had they not been breaking into houses, it is also said that unnecessary force was used against them.

Smith, however, states that he was in his basement when he heard an upstairs window break. In the complaint, Smith said that he shot Brady the moment he came into view. Brady then tumbled down the basement stairs and Smith shot him in the face when Brady landed on the floor face up. Smith said he dragged the body into his workshop and then sat down in a chair. When Kifer started walking down the stairs, he shot her. She then tumbled down the stairs. When she came to rest at the bottom of the stairs, Smith tried to shoot her again, but the gun jammed and Smith said Kifer laughed at him.

Smith has been noted saying to investigators that if you try to shoot a person and they laugh at you, you try again. Smith then got his .22-caliber revolver and shot her in the chest multiple times. He would then drag her body to the workshop. She was gasping for air at that time, so he shot her under the chin “into the cranium” that Smith claimed was a “good clean finishing shot.” The criminal complaint says that he admitted to firing more shots than he had to.

Smith said he left the bodies in the home overnight so he could call a neighbor the next morning to ask them if they knew a good attorney. He then asked that neighbor to call the police.

A man from Inver Grove heights is facing drug charges after police state they found a large amount of cocaine in his Pocket.

Joseph Scott Welch, 21, is charged with drug possession in the second-degree, which is a felony that has a $500,000 fine and 25 years in prison.

The arrest came after South St. Paul police received a call about a suspicious vehicle on December 2 around 7 p.m. on 8^th Avenue South, according to the complaint. When the officer arrived, there were three people in the vehicle. These individuals, in addition to Welch, included an unnamed driver and another passenger. There was also a small child asleep in the back seat of the car.

As the officer approached the car, she noticed that Welch and the driver slid down in their seats. When the officer made it to the car, Welch rolled down the window and the officer could smell marijuana. As the officer noticed Welch reaching between the door and his right leg, the officer told him to stop, asked him for ID, and that is when Welch identified himself with false information.

The complaint further states that Welch tried to reach down between the door and his leg again and that’s when the officer told him to get out of the car, handcuffed him, and put him in the back of the police cruiser. He admitted that he had given her wrong identifying information because he had outstanding warrants. It is when the officer took Welch out of the back seat of her car for another officer to take him to jail, that’s when a baggie containing 9.4 grams cocaine in his pocket.

Welch has been released from jail on bond and his future court appearances are pending.

A couple that has been charged of the October armed robbery of the America’s Best Value Inn and Suits in Northfield have been indicted in federal court.

According to the U.S. Department of Justice, Julie Ann Campana, 23, and Eric Wade Focier, 27, have been charged with one count of using, brandishing, carrying, and possessing a firearm during the commission of a crime and with one count of interference with commerce. Forcer has an additional charge of being a felon who was in the unlawful possession of a firearm. This indictment was filed on December 3, 2012 with the initial federal court appearances taking place on December 4.

According to the indictment, Forcier and Campana robbed the inn on October 29 and allegedly used a .32 caliber pistol during the robbery. They only escaped with $100 in cash, some coins, and a number of cordless telephones.

Forcier’s previous conviction includes a second-degree drug charge in Dakota County, as well as a 2008 conviction for possession of stolen property. He was convicted of fifth-degree drug possession in 2007 and also convicted of a related charge of fleeing police.

As for the charges filed against Forcier in November in Rice County District Court, they include use of deadly force against a peace officer, first-degree aggravated robbery, reckless discharge of a firearm within a municipality, and discharge of a firearm endangering safety. The charges total four felonies and all are connected with the hotel robbery and the manhunt that ensued.

The maximum penalty for all charges together include a $75,000 fine and 44 years in prison.

Campana has been charged with aiding and abetting the robbery, which is a felony. She could serve up to 20 years in prison and pay fines up to $35,000.

A Gophers basketball star is going to serve an additional two years of probation after a summertime DWI arrest.

Trever Mbakwe, 23, was already on one year of probation after he pleaded no contest to an assault case in Florida in 2009. This time, the judge determined that Mbakwe was not a danger to society, which had him extend his probation time rather than send him to jail.

Mbakwe said he is grateful that he was given another chance and that he realizes how trying the experience has been for the Gophers and their fans. He stated that he was thankful for Tubby Smith, his family, and others at the University of Minnesota for standing by him.

In addition to probation, Mbakwe was ordered to serve 20 hours of community service each month and to attend AA meetings on a weekly basis.

Prior to the hearing, Mbakwe’s attorney had reached a confidential civil settlement with the victims of the 2009 assault case. The attorney for the victims had initially asked the judge to extend Mbakwe’s probation to four years but that they would accept a shortened probation if the civil settlement was satisfactory. The judge denied the request, stating that the settlement was a civil matter and had nothing to do with the current case.

After being charged with the assault, Mbakwe had entered a pre-trial intervention program, but he violated a restraining order in 2011 that a St. Paul woman had against him. His probation for this violation is scheduled to expire in December.

Tubby Smith said in October that he had almost kicked Mbakwe off of the basketball team following his July 1^st DWI arrest. Instead, Smith said that Mbakwe could stay on the team as long as he completed a certain set of requirements.

Mbakwe has posted a Twitter apology to fans and thanked them for the support.

Mbakwe is a Miami Dade College transfer student, but he had to set out that season due to the assault case. He played the entire 2010-2011 season, but he missed most of the 2011-2012 season after tearing a ligament.

The NCAA did grant Mbakwe a sixth year this year, which surprised many because of the legal troubles that Mbakwe has had. He is set to be a star on the Gophers team and the expectations for him on the court are quite high.

Cambridge, Minnesota is a community that is known for a low crime rate, but this changed when Ryan Jay Muehlhauser, 55, and a pastor of Lakeside Christian Church was charged with eight counts of criminal sexual conduct and arrested.

What started out as two men looking for advice and comfort to relieve the pain that they were feeling turned into a horrific experience. Now the men allege that Muehlhauser assaulted them a total of eight times while counseling them about being homosexual.

Investigators say that Victim 1 was the one who reported the assaults. He said that he met Muelhauser a couple of years ago at an Outpost Ministries event. Outpost Ministries is geared toward helping men and women release themselves from the homosexual lifestyle.

Victim 1 said that he would be “blessed” by Muehlhauser. This blessing was done by Muehlhauser cupping the victim’s genitals over his clothing, asking the victim to become aroused. The victim said that Muehlhauser would call it “spiritual strength.” To receive even more “spiritual guidance,” Muehlhauser would have the victim take off his clothes and perform sexual acts on himself while the pastor would pray over him.

This took place for approximately two years.

Investigators have noted that Muehlhauser would groom his victims.

Victim 2 reported activities similar to those described by victim 1. He added that Muehlhauser told him that they would lose everything if he told anyone about their sessions. He noticed that the pastor had been extremely physical with him and victim 1. Victim 2 said he went along with the requests of the pastor because he was the minister and they looked to him for spiritual help.

While Muehlhauser has been arrested, he is not currently in custody and has declined making any public statements regarding the allegations.

Lakeside church, where Muehlhauser was the associate pastor for over two decades, said that they are deeply saddened by the allegations. They said they do not believe there has been any contact with minors and have encouraged individuals who may have information regarding the abuse of others at the hands of Muehlhauser to contact the Isanti County Sherff’s Office.