Connect with us

North Dakota

In appeal, man tied to former Sen. Ray Holmberg says search warrant in his own case was unconstitutional

Published

on

In appeal, man tied to former Sen. Ray Holmberg says search warrant in his own case was unconstitutional


FARGO — A Grand Forks man connected to a former North Dakota senator who traveled abroad with plans to sexually abuse children is appealing

his own federal child sex abuse conviction,

arguing a search warrant in the case was unconstitutional.

Nicholas James Morgan-Derosier, 37, argued evidence showing he possessed child sex abuse material should have been thrown out due to what his defense team called an “overbroad” search warrant. The warrant was used to search Morgan-Derosier’s home in September 2020 for evidence that he violated a judicial order that banned him from doing business as Team Lawn, his landscaping business.

Advertisement

The search turned up a thumb drive that contained child sex abuse materials, according to court documents. Police applied for a search warrant once they found images of children being sexually abused, court documents said.

The evidence likely would have been used in a trial in North Dakota U.S. District Court, but Morgan-Derosier pleaded guilty in September 2023 to charges that said he received, distributed and possessed child sex abuse materials. The plea came after U.S. District Judge Peter Welte denied Morgan-Derosier’s motion to suppress.

Prosecutors also said the defendant sexually abused multiple children over the years, including some he met online and lured to a physical location. Morgan-Derosier and another man sexually abused a boy in 2020 together in a tent near Park Rapids, Minnesota, court documents said.

Morgan-Derosier did not have to admit to the sexual abuse, but he is serving a 40-year sentence for possessing thousands of child sex abuse materials and sharing some of the images online.

Morgan-Derosier reserved the right to appeal his conviction based on the search warrant.

Advertisement

He filed a notice to appeal

last year in the U.S. Eighth Circuit Court of Appeals.

In an appeals brief that was recently unsealed, Morgan-Derosier’s attorney argued that the search warrant was unconstitutional, overbroad and lacking particularity. His team also argued that the warrant led to evidence of a crime that was unrelated to the investigation of his business dealings, the brief said.

“The warrant essentially authorized the police to seize all computers and electronic devices for any crime that was committed at any time,” the brief said. “It is difficult to conceive a less particular or more broad case.”

Advertisement
Ray Holmberg.

Contributed / Sherburne County Jail

Morgan-Derosier has been connected to former Sen. Ray Holmberg, R-Grand Forks.

The Forum reported on phone records

that showed Holmberg and Morgan-Derosier exchanged dozens of text messages while Morgan-Derosier was jailed in August 2021.

Advertisement

During Morgan-Derosier’s

January 2022 detention hearing,

First Assistant U.S. Attorney Jennifer Puhl said a “77-year-old man from Grand Forks” texted Morgan-Derosier on Aug. 23, 2021, about bringing Morgan-Derosier’s 19- or 20-year-old boyfriend “over for a massage.” Puhl did not identify the 77-year-old, but the age matched Holmberg’s at the time.

In an interview with The Forum, Holmberg denied asking Morgan-Derosier about a massage but acknowledged he texted Morgan-Derosier about patio work and “a variety of things.”

Other documents and audio recordings revealed Holmberg gave Morgan-Derosier a

Advertisement

ride to Bismarck

shortly after police searched Morgan-Derosier’s home. Once there, Morgan-Derosier spoke with North Dakota consumer protection officials about his business, according to a transcript from the North Dakota Attorney General’s Office. Holmberg attended a legislative energy development and transmission committee meeting that day.

Holmberg was

charged in October 2023

in federal court, with prosecutors saying he

Advertisement

traveled to Prague

multiple times in the 2010s with plans to sexually abuse children. He pleaded guilty to the charge in August.

During that plea hearing,

prosecutors said Holmberg and Morgan-Derosier watched child sex abuse material together.

Holmberg has been

Advertisement

jailed in Minnesota

after

a judge

determined he

violated presentence release conditions.

Advertisement

A sentencing hearing has not been scheduled in his case.

Holmberg served in the North Dakota Senate from 1976 to 2022, when he

resigned shortly after The Forum

broke the story about his connection to Morgan-Derosier.

Advertisement

April Baumgarten

April Baumgarten has been a journalist in North Dakota since 2011. She joined The Forum in February 2019 as an investigative reporter. Readers can reach her at 701-241-5417 or abaumgarten@forumcomm.com.





Source link

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

North Dakota

Amid Rural EMS Struggles, North Dakota Lawmakers Weigh Solutions

Published

on

Amid Rural EMS Struggles, North Dakota Lawmakers Weigh Solutions


North Dakota lawmakers are exploring using telemedicine technology to ease staffing strains on rural emergency medical services, a potential solution to a growing shortage of paramedics and volunteer responders across the state.

Though some solutions were floated and passed during the 2025 legislative session, lawmakers are working to understand the scope of the problem before proposing additional legislative changes in 2027.

The state has been facing a societal decline in volunteerism, which strains traditional volunteer firefighter and emergency medical services that support rural communities, said Sen. Josh Boschee, D- Fargo. Adding to pressure, when a rural ambulance service shuts down, the responsibility falls to neighboring ambulance services to answer calls in the defunct ambulance service’s coverage area.

How could telemedicine ease strains on rural EMS staffing?

Advertisement

One idea presented to the Emergency Response Services Committee on Wednesday to potentially alleviate some of the stress on rural ambulances is expanding access to technology in the field for emergency medical personnel.

Emergency medicine technology company Avel eCare presented to the committee its system, which allows ambulance personnel to be connected by video with emergency medicine physicians, experienced medics or emergency nurses in the field wherever there is cell reception. The company already operates its mobile service in South Dakota, Minnesota, Nebraska and Kansas, according to the company’s presentation.

Avel eCare said this allows medics and paramedics to have any questions they have answered and provides a second person to help document actions taken when there is only one person in the back of an ambulance with a patient, which they say is increasingly common in rural areas. This allows one medic or paramedic to put more focus on the patient.

The company said it is innovating the ability to also bring medical personnel into the call from whatever care center the ambulance is heading to, allowing the care center to better prepare for the ambulance’s arrival.

Lawmakers said they were interested in the system and could see how it would provide a benefit to thinly stretched EMS personnel.

Advertisement

Boschee said the state should consider funding the system, citing its potential to support local EMS providers and help retain volunteers.

Avel eCare did not provide a cost estimate for North Dakota, but offered South Dakota as an example. That state used general fund dollars to provide the Avel eCare service free of charge to agencies. The state paid $1.7 million in up-front costs for equipment — enough to outfit 120 ambulances — and an annual subscription cost of $937,000 to provide their services to 109 ambulances serving 105 communities in the state.

“I think specifically … how affordable that type of solution is for us to not only support our local EMS providers, but also to keep volunteers longer,” he said. “Folks know that they have that support network when they’re in the back of the rig taking care of a patient. That helps add to people’s willingness to serve longer. And so I think that’s a great, affordable option we have to look at, especially as we start going in the next couple months and continue to talk about rural health care transformation.”

Rural EMS shortages go beyond pay, state officials say

There are 28 open paramedic positions in the state, according to Workforce Services Director Phil Davis’ presentation. The difficulty in filling these positions is not just about money, though that certainly plays a factor in recruiting people, his report said.

Advertisement

“I’ll just speak from my experience with my own agency,” Davis said. “After 18 years, it’s very hard for us to even recruit individuals into Job Service North Dakota because of the lower wages.”

Davis showed that 2024 salaries for emergency medical technicians were fairly even across the eight regions Workforce Services breaks the state into, with a roughly $6,500 gap between the highest and lowest averages. Law enforcement officer pay varied by about $8,320, while firefighter salaries were the biggest outlier, with a $20,000 difference between regions. While state wages may lag nationally, other factors are making rural recruiting particularly difficult.

Davis said it was largely a lifestyle change; people are not seeking to live rurally as often.

“We’re starting to see the smaller communities, for the most part — not all — starting to lose that population. And it is tougher to get individuals to move there or to be employed there,” Davis said.

Job Service North Dakota is holding job fairs to try to recruit more emergency services personnel, with some success, he said, and has nine workforce centers across the state working directly with small communities to help with their staffing shortages.

Advertisement

Davis advocated for more education in schools about career paths in emergency services and the openings that are available in the state.

© 2025 The Bismarck Tribune (Bismarck, N.D.). Visit www.bismarcktribune.com. Distributed by Tribune Content Agency, LLC.

 



Source link

Advertisement
Continue Reading

North Dakota

Found guilty of manslaughter: Dickinson man to spend only about four and a half more years in prison

Published

on

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.

Advertisement

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.

Advertisement

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.

Advertisement

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.

Advertisement

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.

Advertisement
Originally from rural South Dakota, RubyAnn Stiegelmeier is the editor of The Dickinson Press. Through her work, she celebrates the unique voices and achievements that make this region vibrant. For story tips or inquiries, you can reach RubyAnn at 701-456-1212 or rubyann@thedickinsonpress.com.





Source link

Continue Reading

North Dakota

Blizzard warning issued in Dakotas

Published

on

Blizzard warning issued in Dakotas


The view through a North Dakota Highway Patrol squad’s windshield. (Facebook)

Blizzard warnings are in for parts of both North and South Dakota, creating hazardous conditions for drivers on Thursday morning.

Blizzard warning in effect

Advertisement

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.

Advertisement

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

Advertisement

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.

Advertisement

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.

Advertisement

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.

Advertisement
WeatherNorth DakotaSouth Dakota



Source link

Continue Reading

Trending