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District Court, Kandiyohi County, Jan. 31

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News Willmar,Minnesota 56201
West Central Tribune
District Court, Kandiyohi County, Jan. 31
Willmar Minnesota 2208 Trott Ave. SW / P.O. Box 839 56201

n Kevin Ray Wertz, 20, of Willmar, was sentenced Friday to 15 months in prison, which was stayed, a $1,000 fine and three years of probation on a felony charge of domestic assault by strangulation for choking a woman with his hands while the two were arguing.


He was also ordered to serve 150 days in jail, with credit for 81 days served, which can be deferred if he enters a chemical dependency treatment by Monday. He must also successfully complete the program, attend a batterer's intervention program and get his GED.

The charges were filed after Willmar police were called around 1 p.m. Nov. 11 to a home along the 1400 block of Lakeland Drive Northeast. A woman there said anther woman and Wertz had fought, but that he had struck her in self-defense. He had turned himself into law enforcement on an outstanding warrant on other charges.

The woman was interviewed at Rice Memorial Hospital, where she was seeking treatment for a possible concussion. She said they had argued and it turned physical, including that Wertz flung her by her hair and that her head struck the kitchen counter. She also said he strangled her with his hand and restrained her from leaving the home. The officer did observe injuries on the woman, including a large swollen bump on her forehead and marks on her neck.

- Rosa Isela Cardoza, 35, of Hancock, was sentenced to 12 months and one day in prison, which was stayed, a $50 fine and five years of probation on a charge of wrongfully obtaining assistance.

She was also ordered to pay $6,597.40 in restitution and to serve 90 days in jail, staggered over the next year.

The charges were filed after an investigation by Kandiyohi County Family Services. Cardoza had applied for and received public assistance from family services for many years. She was responsible for reporting household composition to determine eligibility. Cardoza reported that three children lived with her and public assistance was provided on that basis. She signed a document claiming such on Dec. 19, 2007.

It came to the attention of family services officials that one or more of these children were living with their father in Iowa.

When interviewed, Cardoza denied that fact and claimed that all three children had always lived with her. She later admitted that the children lived with their father for certain periods of time, and that information should have been reported to family services.

The overpayment in benefits from December 2007 to March 2008 was $6,597.40.

- Kelly Ray Bottomley, 50, of Atwater, will return to prison for 26 months for failing to notify authorities of his address as a predatory sex offender.

The court sentenced Bottomley on Friday in Willmar to serve the sentence at the St. Cloud Correctional Facility, but allowed credit for 284 days served.

The sentencing follows a ruling in December upholding his conviction for failing to register.

He had been charged after Kandiyohi County Sheriff's officers went to an Atwater address on Oct. 27, 2007, that the defendant had provided as his home address. A resident there said Bottomley had moved out, according to the complaint against him.

Bottomley had been convicted for liability for crimes of another, criminal sexual conduct for an assault in 1985. The Ramsey County charge alleged that he slipped LSD in a drink to a woman whom he suspected of reporting him and his wife for child neglect. He and others allegedly sexually assaulted the unconscious woman, causing her physical injuries, according to the court record.

He was required to register as a sexual predator, and was listed as a level II offender.

The registration requirement would have expired in 2004, but Bottomley served an 84 months prison sentence beginning in 2000 for a controlled substance conviction.

Bottomley argued in court motions filed last year that he was not required to register as a predatory offender because he was convicted of liability for crimes of another, criminal sexual conduct, and was acting as an accomplice but not perpetrator of the assault. The court denied the motion in the December ruling upholding his conviction.

- Dennis Omar Dubon-Ramirez, 23, of Willmar, pleaded guilty Thursday to a felony charge of aggravated forgery.

As part of a plea agreement, another charge of aggravated forgery and a gross misdemeanor for giving a false name to a peace officer will be dismissed. He will be sentenced March 11.

The charges were filed after a Kandiyohi County sheriff's deputy was on patrol around 3:20 p.m. Jan. 4 and stopped a vehicle for speeding along U.S. Highway 12 near County Road 1. The driver only had a Honduran passport, and Dubon-Ramirez, a passenger, gave a state identification card with a name of Nicolas Alvarez. The deputy ran the ID and was informed that there was a warrant for arrest for Alvarez for aggravated robbery in Texas. The man was arrested, and at the jail admitted that he had purchased the identity for $500 and used it for work at Jennie-O Turkey Store. Employment documents from the company confirmed the man's statements.