Fillmore County District Court

On November 6, Brian Keith Rathbun, 53 of Wykoff, appeared before District Court Judge Matthew J. Opat.  Rathbun in charged with Drugs – 3rd Degree – Possess 10 Grams or More a Narcotic Drug Other Than Heroin, and Possession of a Controlled Substance.  Each is a felony.  The first carries a maximum criminal penalty of 20 years in prison and/or a $250,000 fine.  The later carries a maximum criminal penalty of five years in prison and/or a $10,000 fine.  On or about October 1, a Fillmore County Sheriff’s deputy was dispatched to Wykoff regarding an argument between two men.  The defendant had allegedly left on foot before deputies arrived.  The defendant allegedly was driving and didn’t have a license, hence the public concern.  A search of the vehicle allegedly revealed a glass bong and pipe with white substance and a duffel bag with much drug paraphernalia including baggies with a brown crystalline substance.  Because Rathbun had walked away, the vehicle was towed to the Sheriff’s Office in Preston.  A further search revealed a tare weight total of 15 grams of tested positive methamphetamine.  Officers talked to the owner of the vehicle (J.P), who knew it was impounded.  The owner stated that a friend of a friend named “Brian” must have “found” and taken his vehicle.  Rathbun is currently in custody in Olmsted County following a vehicle and foot chase.  The defendant has three prior drug related convictions since 2010 including 5th Degree Possession of a Controlled Substance from Winona County in May of 2019.