Records, Nov. 2, 2006

District Court

Kandiyohi County

* A Willmar man and woman pleaded guilty Oct. 26 to a felony charge of theft after wrongfully obtaining public assistance.

Marlene Judith Pacheco, 29, and Justiniano Leiva, 33, were both charged individually with a count of theft -- wrongfully obtaining assistance. Pacheco and Leiva both pleaded guilty to the charges under the condition that they would receive a stay of imposition at sentencing.

Under the terms of a stay of imposition, a defendant has the opportunity to avoid a felony criminal record if he or she abides by all the conditions of sentencing.

Charges were filed against Pacheco and Leiva after they failed to report changes in employment and income to Kandiyohi County Family Services while receiving public assistance.

Pacheco submitted a form to continue public assistance for her and Leiva's two children in June of 2004. According to the complaint, both Pacheco and Leiva are illegal immigrants but were receiving aid for their children. Although the assistance was for their kids, Pacheco and Leiva were both required to report any changes in employment or income to Family Services.

According to the complaint, Leiva was found to be working two jobs under false names. This income and employment was not reported to Family Services. Pacheco admitted in July of 2005 that she did not report Leiva's income or income she had received.

Pacheco and Leiva received more than $1,400 in overpayments from Family Services. They are both scheduled to be sentenced Dec. 14.

* A 21-year-old New London man made his initial appearance Monday facing two felony charges for property damage after allegedly using his vehicle to run over signs and a portable toilet.

Nickolas William Evans is charged with two felony counts of criminal damage to property in the first degree, one for aiding and abetting. He also faces misdemeanor charges of falsely reporting a crime, driving after revocation and failure to provide insurance. Evans was conditionally released on his own recognizance.

Charges were filed against Evans after a Kandiyohi County sheriff's deputy was called to investigate a series of vandalism near the intersection of 155th Avenue and 160th Street Northeast.

According to the complaint, the deputy was shown a portable toilet that appeared to be run over by a vehicle. Numerous street signs in the area also appeared to be run over. A 1992 Pontiac Grand Prix belonging to Evans was found abandoned in the area. The vehicle was also severely damaged, which appeared to be caused by running things over.

Evans reported the vehicle stolen, but later admitted that the vehicle was used to damage the signs and portable toilet, the complaint says. Evans reportedly told deputies that Bobby Joel Taylor, 22, was driving the vehicle during the incidents. Evans said he reported the car stolen because he became nervous after damaging the property because his car was uninsured and his driver's license had been revoked, the complaint says.

When interviewed by authorities, Taylor reportedly said both he and Evans had taken turns driving and causing the damage. The complaint states that a female who was a passenger in the vehicle the night of the incident told authorities that Taylor was responsible for all of the damage.

According to the complaint, damage to county signs totaled $84, damage to Roseville Township signs totaled more than $1,200, with a total for Burbank Township signs still undetermined. The portable toilet was valued between $600 and $700.

Evans is scheduled to be in court again Monday. Taylor is scheduled to make his first appearance today on two felony charges of first-degree criminal damage to property.

Possible burglary

WILLMAR -- A suspected burglary was reported to the Willmar Police Department around 4:35 p.m. Tuesday along the 400 block of 10th Street Northwest.

The caller reported that she found her back door open after being gone all weekend. According to the police report, there were no signs of forced entry or any items missing.

Motor vehicle theft

WILLMAR -- The theft of a car was reported to the Willmar Police Department around 8:40 p.m. Tuesday along the 300 block of Third Street Southwest.

A 1995 brown Ford Crown Victoria was allegedly taken from outside the La Fiesta Store.

Theft

WILLMAR -- The theft of cell phones was reported to the Willmar Police Department around 12:05 p.m. Tuesday from the Alltel Wireless stand in Wal-Mart, 3031 S. First St.

SPICER -- The theft of a shotgun, case and scope was reported to the Kandiyohi County Sheriff's Department around 3:15 p.m. Tuesday along the 200 block of South Lake Avenue. The items were stolen between Saturday and Monday from a vehicle.

SPICER -- The theft of a stereo was reported to the Kandiyohi County Sheriff's Department around 7:45 a.m. Wednesday along the 200 block of Lakeview Drive. The stereo was taken out of a vehicle.

WILLMAR -- The theft of a gas-powered saw was reported to the Kandiyohi County Sheriff's Department around 8:40 a.m. Wednesday along the 300 block of state Highway 23 West. The saw, along with a diamond-embedded blade, were taken out of a vehicle. The saw was valued around $996 and the blade valued around $300.

Vandalism

WILLMAR -- A car was reported egged to the Willmar Police Department around 10:15 p.m. Tuesday at the intersection of Seventh Street Northwest and Ella Avenue. The caller reported that her car was egged by someone in another vehicle that left traveling west on Ella Avenue.

WILLMAR -- Pumpkins were reported smashed to the Willmar Police Department around 9:15 p.m. Tuesday along the 600 block of Augusta Avenue Southeast. The caller stated that two people got out of a car and smashed the pumpkins, according to the police report.

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