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Fillmore County Court Report


Mon, Mar 5th, 2012
Posted in All Court

On Monday, February 27, two people appeared before Judge Robert Benson in the Fillmore County Courthouse for sentencing. Israel Garsia, aka Maylcol Amaya Lopez, 20 of Rochester, and Juan Canales Lumbieras, 19, were both convicted of Criminal Sexual Conduct in the 3rd Degree, with a victim that is mentally impaired or helpless. The conviction stemmed from an incident last summer involving both of the men and a woman. All of the other charges were dismissed.

Both Garsia and Lumbieras were sentenced to 58 months in the St. Cloud correctional facility, with credit for 202 days already served. At least two-thirds of that time must be spent in prison, with ten years under supervised release. They must also register as sex offenders and have no contact with the victim.

Nakeita Nicole Thomas, 30 of Newton, IA, also appeared before Judge Benson on February 27. Thomas was charged with allegedly forging a check, which has a maximum penalty of five years in prison, $10,000, or both. She was also charged with theft by check, with a maximum penalty of one year in jail, $3,000, or both.

On July 9, 2011, police were called to Nordic Lanes in Rushford about receiving a suspicious check. A woman had entered the business and cashed a check, showing her Iowa driver’s license. It allegedly turned out to be a fake check. Police found there was a woman matching her description in a jail in Jasper County, Iowa. Pictures were sent, and two employees from Nordic Lanes picked a photo of Thomas out of a photo lineup. Her next court appearance is April 9, 2012.

Kelly Renae Kunz, age 43 of West Concord, Minnesota, also made a first appearance before Judge Benson. Kunz faced four charges of Drugs in the 5th Degree, each with a maximum penalty of 10 years in jail, $20,000 or both. She also faced one charge of driving a vehicle after cancellation of insurance.

Police found Kunz sleeping in a vehicle in front of the Lanesboro BP, and said she was lost. Police noticed her speech was slurred. She failed a field sobriety test, but no alcohol was found in her system. Police allegedly found bottles of medications, including controlled substances, in her purse and vehicle. A urine test allegedly showed controlled substances in her system. Kunz has pled not guilty to the charges.

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