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Records for April 1

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Records for April 1
Willmar Minnesota 2208 Trott Ave. SW / P.O. Box 839 56201

This is the records summary for April 1.

District Court

Kandiyohi County

- Jason David Rusthoven, 26, of Benson, pleaded guilty Wednesday to a felony charge for receiving stolen property for possessing a stolen vehicle and a gross misdemeanor charge for issuing a dishonored check.

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As part of a plea agreement, two additional felony charges for property damage and issuing a dishonored check will be dismissed and he will be sentenced to 23 months in prison on June 15.

According to the complaint, a Kandiyohi County Sheriff's deputy was called on July 17 regarding a vehicle in the ditch along 141st Street north of Calhoun Lake. A caller reported he'd found two young men walking in the area and gave them a ride to a Hawick address. The caller remembered of the address and gave descriptions of the men.

The deputy located the vehicle, which had all the windows except one smashed and damage to a door. The tires were was 4 to 6 inches into the ground. There were no plates on the car, so the deputy searched the vehicle identification number, which came back to a Starbuck couple. The vehicle had been reported stolen in Swift County the day before from an unlocked garage in Kerkhoven.

A sample was collected from blood on the door handle and steering wheel and sent to the Bureau of Criminal Apprehension for analysis.

The deputy searched for the house number and found the address. Rusthoven and another man were interviewed at the Hawick address. Rusthoven claimed he had nothing to do with the car in the ditch. He said he was being "110 percent" truthful and said he was confident the blood sample wouldn't match him. He also said he had DNA on file with the state because he'd been to prison.

The BCA analyzed the blood sample and matched it to Rusthoven's DNA, which was in the state database of convicted offenders. The sheriff's office also collected a new sample from Rusthoven on Nov. 8, which was allowed by a search warrant.

The owner of the vehicle reported to law enforcement that their insurance company had totaled the vehicle, a Ford Taurus, for a value of $4,974.60. They had received a check for that amount, less the deductible, from the company.

The bad check charges were filed after April 21, when the owner of a New London business reported that he'd received a check written on Rusthoven's account for $240. The check was returned by the bank because it was written on a closed account.

The check had been written by a woman, who was interviewed and said that Rusthoven had allowed her to write the check and that she was not aware that the account was closed.

Rusthoven was interviewed, he was in custody at the county jail, and admitted the woman wrote the check, but claimed there was money in the account.

The investigation revealed that three additional checks had been written, to the New London business and to a Willmar business, signed by Rusthoven, for a total of $989.78. Bank records showed that the account was closed on March 24 and had a negative balance of $1,178.80.

Rusthoven is already on probation for another check forgery case and was sentenced in August to 17 months in prison, which was stayed. He also has two prior convictions for check forgeries, in Swift County in 2006 and in Kandiyohi County in 2008.

- Wilber Ernesto Cerritos Molina, 31, of Willmar, pleaded guilty Wednesday to an amended charge of fifth-degree criminal sexual conduct, a gross misdemeanor.

As part of a plea agreement, the charge was reduced from felony-level, fourth-degree. He will be sentenced April 11.

The charge was filed after Oct. 6, when a 52-year-old woman reported she'd been sexually assaulted at a friend's residence. The woman said she'd fallen asleep and woke up to find a man, later identified as Molina, who is also known as Axvier Edgardo Nieves Flores, touching her vagina.

The woman picked Molina out of a photo lineup and gave police vehicle information that led to a traffic stop of his pickup. While he was being booked into jail for driving without a driver's license, officers discovered that the Bureau of Immigration and Customs Enforcement had a hold on him for entering the country illegally.

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