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Fillmore County District Court - 9/19/11


Fri, Sep 16th, 2011
Posted in Court

On August 29, 2011, Justin Leroy Rickert, 34, of Wykoff, appeared before Judge Robert Benson at the Fillmore County Courthouse for sentencing. Brett Corson was the prosecuting attorney. Rickert waived his rights to an attorney. Due to his plea of guilty, Rickert was found guilty of burglary in the second degree, which has a maximum penalty of 10 years in jail, $20,000, or both. All other charges were dismissed. Rickert had broken into a restaurant, stolen money and a computer, and caused damage to the property.

Rickert was sentenced to 30 months in jail, and given credit for 266 days already served. At least 2/3 of that must be carried out in prison, and no more than 1/3 carried out under supervised release. He must also pay restitution in the amount of $6,964.14, as well as $140 in fees.

Andrew Leigh Millen, age 45 of Wykoff, appeared before Judge Benson on August 30 for sentencing. Brett Corson was the prosecuting attorney, and Patrick Arendt the attorney for the defense. Millen was convicted of one count of Drugs in the 5th degree, possession, not a small amount of marijuana. Other drug-related charges were dismissed.

Millen was sentenced to a St. Cloud Correctional Facility for 13 months, which was stayed for five years. He was also sentenced to 180 days in the Fillmore County Jail, and given credit for 59 days already served. He also has to pay $2,090 in fees.

Andrew Russell Kapell, age 23 of Blue Grass, Iowa, was brought before Judge Benson on September 12 after an incident at BBG's Bar in Mabel. Kapell was charged with Assault in the 3rd Degree- Substantial bodily harm, which has a maximum sentence of five years in jail, $10,000, or both. He was also charged with Assault in the 5th degree- inflict or attempt bodily harm, with a maximum sentence of 90 days in jail or $1,000, and giving a peace officer a false name, another person's name, with a maximum sentence of one year, $3,000, or both.

Police were called to BBG's Bar in Mabel because a man had been hit in the head and needed an ambulance. They found the man bleeding from the head with a swollen left eye. He did not know who hit him. A witness said they heard a man bragging about hitting someone, and pointed him out to police. The man said he was Aaron Alan Kapell, and denied hitting the man. He was intoxicated and he told several conflicting stories, but he had a wound on his hand from hitting the man. When he was arrested, it was found that he was really Andrew Russell Kapell, and had used his twin brother's ID, name and information when talking to the police.

Kapell was given $1,000 conditional bail and $10,000 unconditional. He must not have any alcohol, drugs, or firearms. His next appearance is October 13, 2011.

Garren Lee Brusse, age 27 of Preston, came before Judge Benson on September 12. He was charged with fleeing a peace officer in a motor vehicle, which has a maximum sentence of three years and one day, $5,000, or both. He was also charged with fleeing a peace officer on something other than a motor vehicle, with a maximum sentence of 90 days, $1,000, or both, reckless driving, and careless driving, with the same sentences.

Police in Preston tried to pull over two vehicles that were speeding and swerving, and the vehicles sped up. They were pursued at speeds reaching 70-80 miles per hour on County Road 12. Police eventually found the truck empty in a driveway. They traced the owner, whose boyfriend was a passenger in the vehicle at the time.

Brusse was given $5,000 unconditional bail and released on his on recognizance. He must submit to drug testing, and not have any drugs or alcohol. His next appearance is October 31, 2011.

Tyshaun Lafayette English, age 23 of Grand Meadow, also appeared before Judge Benson on September 12. He was charged with five counts of fraud with a financial transaction card, which each have a maximum sentence of five years in jail, $10,000, or both. English paid $300 in court fees using a stolen debit card number on October of 2010. The victim reported the charge as fraud, and she doesn't know English or how he could have gotten her number. English denied the charge at first, and then said he got the numbers from a friend in St. Paul. He has two prior convictions within the last five years for the same thing in Ramsey and Mower counties.

English was released on his own recognizance on $10,000 unconditional bail. His next court appearance is October 10, 2011.

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