North Dakota
Sex crimes case against Dakota Prairie school counselor dismissed
GRAND FORKS — At the conclusion of a Friday morning, June 21, preliminary hearing in Nelson County court, Judge Kristi Venhuizen dismissed the case against a former Dakota Prairie School counselor alleging that he solicited, lured and sexually assaulted students.
Brendon Thomas Parsley, 48,
was charged with three Class C felonies in February
for crimes he allegedly committed against two students to whom he provided counseling services.
The purpose of a preliminary hearing is to determine if there’s probable cause to support criminal charges being filed. Preliminary hearings can be waived by the defense. If the hearing is held, the state must provide evidence that probable cause exists to continue prosecuting the defendant.
The defense can question any of the state’s witnesses and also may, but is not required to, bring in its own.
North Dakota Bureau of Criminal Investigations Special Agent Derek Madson testified for the state. He testified about interviews with the two alleged victims in the case, during which they spoke about Parsley’s alleged inappropriate conduct.
The crime of solicitation of a minor was filed due to allegations that, when one of the alleged victims was in Parsley’s house, he asked her if she was going to get on the bed and instructed her to leave after she hesitated.
The crime of luring a minor by electronic means was filed due to allegations that Parsley sent Facebook messages that were sexual in nature to the aforementioned minor.
The crime of sexual assault was filed due to allegations that Parsley made sexual contact with a minor as she was leaving a counseling session.
The charge of solicitation was dismissed without prejudice during the hearing, because it had incorrectly been filed as taking place when the alleged victim was under 15 years old. Madson, and the alleged victim herself, testified she was 17 at the time of the offense.
Jayme Tenneson, representing the state, requested that the charge be amended to solicitation of a minor older than 15, which would be a misdemeanor rather than a felony, according to his court statement.
However, the defense argued, and the judge agreed, that it was inappropriate to amend a charge during a preliminary hearing — it should have been done beforehand, when there was time for both parties to present arguments of probable cause for that charge.
It would have to be recharged accurately later.
Mark Friese, representing Parsley, called a private investigator to testify, as well as both the alleged victims.
Tenneson argued that calling the alleged victims to testify was undue harassment. However, by the end of the hearing, Venhuizen said if anyone was at fault for harassing the women, it was the state.
Tenneson failed to amend the information document prior to the hearing after Friese contacted him about the following errors: the luring charge was documented as occurring in 2014, however, the alleged victim testified it happened between 2015 and 2016; the sexual assault charge was documented as occurring in 2008, however, the alleged victim said it happened in 2009.
Amendments can be made to information documents as long as it doesn’t materially affect the criminal allegations, however, failing to do so before the preliminary hearing resulted in an inability to establish probable cause for any of the charges as they were presented.
The case was dismissed entirely, though charges may be refiled.
North Dakota
Found guilty of manslaughter: Dickinson man to spend only about four and a half more years in prison
DICKINSON — A 70-year-old Dickinson man
charged with murder in 2024
was sentenced on Tuesday to 15 years in prison after the charges against him were dropped to manslaughter. According to court documents, he will only be in custody for about four and a half more years.
Nine years were suspended from Jeffrey Powell’s sentence along with 532 days or about one and a half years for time already served.
Barring future developments, Powell will be incarcerated at the North Dakota Department of Corrections and Rehabilitation for
the death of 59-year-old Christopher Volney Ische
for about four and a half more years.
That’s just months more than the four-year minimum sentence, according to the Stark County State’s Attorney Amanda Engelstad.
The initial incident happened on July 3, 2024. Police said the shooting, which resulted in Ische’s death, happened around 7 p.m. in a residential neighborhood in Dickinson after a verbal altercation. Police also said Powell had stayed on the scene of the shooting and talked with officers.
At the time of Powell’s arrest, police said they presumed Ische’s death was an isolated incident. He has been held at Southwest Multi-County Correctional Center (SWMCCC) since the incident with a $2 million bond.
Powell
was initially charged with a Class AA felony
, which could carry a maximum sentence of life in prison. On Tuesday, Dec. 16, Powell was found guilty of manslaughter of an adult victim, which is a Class B felony.
Powell pleaded guilty to the manslaughter charge.
Engelstad said to The Press that the difference in charges was based on evidence presented in the trial and was an “appropriate resolution.”
Different sentencing rules applied to Powell, however, because of how North Dakota law interprets the use of a firearm in cases like this.
During the trial, the court found that Powell was a dangerous special offender pursuant to NDCC 12.1-32-09. This portion of North Dakota law allows the court to sentence above normal charges. In Powell’s case, a class B felony typically carries a maximum sentence of 10 years. With the dangerous special offender finding, the sentence can be a maximum of 20 years.
Engelstad said the State had argued for a sentence of 20 years.
“I’m disappointed in the outcome,” said Engelstad.
Additional terms of Powell’s sentence include five years’ supervised probation, along with no contact with the family of the deceased for the same length of time.
If Powell does not violate these terms, his probation will end in 2035. He is scheduled to be released from custody June 23, 2030.
A total of $775 in fees for Powell’s case, including criminal administration, facility admin and victim witness fees, were waived. He may be required to pay restitution. The State’s Attorney’s office has 60 days from the date of judgment to file an affidavit of restitution.
North Dakota
Blizzard warning issued in Dakotas
The view through a North Dakota Highway Patrol squad’s windshield. (Facebook)
(FOX 9) – Blizzard warnings are in for parts of both North and South Dakota, creating hazardous conditions for drivers on Thursday morning.
Blizzard warning in effect
What we know:
In North Dakota, the blizzard warning covers most of the northern two-thirds of the state, stretching into northwest Minnesota.
In South Dakota, the blizzard warning only covers three counties in the far northeast part of the state, including Day, Marshall, and Robert counties.
The National Weather Service is only forecasting between one and four inches of snow in North Dakota and two inches of snow in South Dakota, but whipping winds up to 70 miles per hour will greatly reduce visibility and cause damage to trees and power lines.
READ MORE: White-out conditions reported in NW Minnesota
What they’re seeing:
North Dakota Highway Patrol shared photos showing the blizzard conditions along Interstate 94 just east of Bismark. In the photos, it appears you can only see a few feet past the front bumper of the squad.
Another post shows snow whipping in the high winds in Grand Forks County. Troopers are urging residents to stay home in North Dakota if they are able.
Travel restrictions in place
Big picture view:
A travel alert is in effect for western parts of North Dakota while no travel is advised for central and eastern parts of the state. Troopers have restricted oversized loads from roads in the northwest and northeast regions of the state as of 5:30 a.m. and empty or light-loaded high-profile vehicles due to the high winds and icy conditions.
In South Dakota, officials warn that there are reports of multiple downed powerlines and trees blocking roadways. No travel is advised in Day and Marshall counties.
The Source: This story uses information from the North Dakota Highway Patrol and the National Weather Service.
North Dakota
Florida fraud suspect arrested in North Dakota
FARGO, N.D. (Valley News Live) – A 24-year-old suspect wanted on fraud charges in Florida was arrested in Bismarck following a multi-state investigation into alleged economic crimes targeting St. Lucie County, Florida residents in 2024.
Kylen Running Hawk was arrested on Tuesday, Dec. 16, by Bismarck authorities working with the St. Lucie County Sheriff’s Office. Running Hawk is being held at the Burleigh County Jail pending extradition to Florida.
Running Hawk faces three charges under Florida law:
- Fraud/swindle: Defrauding to obtain property valued at less than $20,000
- Fraud/impersonation: Use or possession of another person’s identification without consent
- Grand theft: Property valued at $750 or more but less than $5,000
Detective Cpl. Redler coordinated the cross-state apprehension, according to the St. Lucie County Sheriff’s Office.
The investigation remains ongoing.
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