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Records, Dec. 3, 2008


WILLMAR -- The theft of scrap metal was reported around 3:15 p.m. Monday at Jergenson Auto, 1951 48th Ave. N.E. The metal, valued at $500, included radiators and condensers.

NEW LONDON -- Damage to a vending machine and the theft of money was reported around 8:45 a.m. Tuesday at Tiger Marine, 26 N. Main St.

Property damage

WILLMAR -- Damage to a mailbox was reported around 7:30 p.m. Monday along the 300 block of 14th Street Southwest.


WILLMAR -- A 29-year-old Willmar man was arrested for driving while impaired and leaving the scene of an accident around 2:45 p.m. Monday at the intersection of County Roads 41 and 24. The man had apparently driven a vehicle into a power pole and then ran away from the crash.

NEW LONDON -- A New London man, no age available, was arrested for driving after cancellation - inimical to public safety, around 7:30 a.m. Tuesday in New London.

District Court

Kandiyohi County

* Juan Carlos Carbajal Aviles, 27, of Willmar, pleaded guilty Monday to a felony charge of aggravated forgery.

As part of a plea agreement, three other felony charges for falsely impersonating another and aggravated forgery and two gross misdemeanor charges for giving a false name to a court official will be dismissed. He will be sentenced Jan. 5.

Carbajal Aviles is also known as Jesse Lara.

The charges were filed after the Willmar Police Department received information on Sept. 25 that Carbajal Aviles was using the false identity of Lara. The investigation revealed that photos in local databases matched and that he was charged in Kandiyohi County District Court and appeared under the false name in April 2007.

The investigation also revealed that he had applied for work at Jennie-O Turkey Store in May 2002 and signed employment documents and retirement savings beneficiary documents in the false name.

Two officers, who were dispatched to a home where Carbajal Aviles lived on Sept. 14 and Oct. 3, positively identified him in photo lineups.

* Derrick Dean Johnson, 18, of Sunburg, was sentenced to probation to his 19th birthday, 48 hours of community service and ordered to pay $250 in restitution on a felony charge of receiving stolen property.

He was also ordered to attend school and graduate in the spring of 2009, continue counseling at Woodland Centers and to get a job if he isn't involved in an extra-curricular activity.

The charge was amended from a felony theft charge. The case had been referred back to the court from circle sentencing.

The theft charge was filed against Johnson and Cody Lee Slagter, 17, of Willmar, after Kandiyohi County sheriff's deputies were called Nov. 27 to a rural Pennock residence on a theft report. A man reported the theft of tools from a rural Willmar shop. The man identified Slagter as a family member who may be responsible for the thefts. The man later reported more tools missing from the shop, including a chop saw, cutting torch, air tools and hand tools. The total value of the tools in the two thefts was estimated at $2,690 and $2,935.

A family member to Johnson told authorities he had seen additional tools in a shed used by the pair. When interviewed, Johnson told authorities that he had traded Slagter stereo equipment for the tools and that they had gotten them from the shop, making numerous trips several weeks before to remove the tools. He later hid the tools in the woods and above a shop door, which is where the adults and sheriff's detective found them hidden.

When questioned, Slagter claimed he loaned the tools to Johnson and that the stereo equipment was collateral. He admitted to going to the shop and that he didn't have permission to be there. He also admitted to telling the other boy to hide the tools.

Slagter pleaded guilty to the theft charge in March and was also referred to circle sentencing.

* Jerry Dean Austin, 59, of Ortonville, was sentenced to 46 months in prison on a felony charge of driving while impaired.

He was also fined $50 and given credit for 86 days already served in jail. As part of a plea agreement, three other felonies for driving while impaired and a misdemeanor for open bottle were dismissed.

The charges were filed after an Atwater police officer noticed a vehicle driving erratically around 11:40 p.m. Aug. 8. The driver, identified as Austin, was stopped, exhibited signs of alcohol consumption and failed field sobriety tests. The officer also observed two open cans of beer in the vehicle. A breath test showed a blood-alcohol concentration of 0.12.

A review of Austin's driving record showed revocations for alcohol-related events in June 2002, August 2002, November 2002 and April 2003. The last one resulted in a felony driving while impaired conviction.