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Fillmore County District Court


Fri, Jun 29th, 2007
Posted in Court

Felony Charges

• Cheryl Kay Briggs, 33, of Stewartville, was charged in Fillmore County District Court on Monday, June 25, with one felony count of possession of a controlled substance - methamphetamine. She is also charged with possession of drug paraphernalia, a misdemeanor.

According to court records, it is alleged that Briggs was in possession of methamphetamine when the vehicle she was a passenger in was stopped for a traffic violation in Sumner Township on April 19, 2007.

Judge Robert Benson released Briggs on her own recognizance, pending her next court appearance on September 10, 2007. She is being represented by Attorney Fred Suhler, Jr.

Felony Sentencing

• Gary Lee Barr, 53, of Rushford, was sentenced to 180 days in jail and fined $1500 after pleading guilty to felony driving while impaired. All other charges were dismissed as part of the plea arrangement.

Barr was arrested on May 4, 2007 after reports that a car was being driven erratically in Rushford. Law enforcement officials arrested Barr for driving while impaired, possession of an open bottle, and driving without a valid license.

Judge Robert Benson sentenced Barr to 48 months in prison, but stayed execution of sentencing for seven years. Barr must participate in a probation program and serve 180 days in jail, with credit for 53 days served. Barr must serve 60 days immediately and seven days each month beginning on August 1, unless the probation officer asks the court that they not be served.

Benson also ordered Barr not to operate a motor vehicle and refrain from consumption of alcohol.

Barr was represented in court by Attorney Dennis Rutgers of Rushford.

• Matthew Robert Engen, 23, of Canton, was sentenced to 30 days in jail and fined $1500 after pleading guilty of a possession of a controlled substance - methamphetamine. Engen was given credit for nine days served.

On November 2, 2006, the Southeast Minnesota Drug Task Force conducted a search of a rural Harmony home. At that time, Engen was in the house and found to possess methamphetamine.

Judge Robert Benson stayed adjudication of sentencing for five years, during which time Engen will be placed on probation. In addition, Engen must submit to random drug testing and undergo outpatient treatment.

Engen was represented in court by Attorney Richard Smith.

• David Lester McHan, 41, of Harmony, was sentenced to 75 days in jail and fined $1000 after pleading guilty to making terroristic threats, a felony. He also pled guilty to violating an order for protection, reckless discharge of a firearm, and domestic abuse, all misdemeanors. McHan was given credit for 12 days served in jail. All other charges were dismissed.

On March 7, 2005, McHan was involved in a domestic dispute at his home in rural Harmony, at which time he made threatening remarks to his wife at the time and fired a shotgun in the house.

Judge Robert Benson stayed imposition of sentencing for five years. McHan was placed on probation and must submit to random chemical testing and cannot consume alcohol, nor possess a firearm.

McHan was represented by Attorney Tom Manion in court.

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