Court report

The McLeod County Attorney’s Office reported the following:

Dylan Smith, 20, of Montrose entered a plea of guilty to one felony count of burglary for an offense that occurred on or about Feb. 12, 2020. Judge Maher stayed the imposition of sentence and placed the defendant on probation for three years. The conditions of probation are that the defendant serve 30 days in McLeod County Jail, complete a chemical dependency evaluation, follow the recommendations of the evaluation, and pay a fine and surcharge of $185.

Benjamin Nitz, 35, of Plymouth entered a plea of guilty to one gross misdemeanor count of driving after cancellation after being deemed inimical to the public safety for an offense that occurred on or about March 29, 2020. Judge Maher stayed the imposition of sentence and placed the defendant on probation for two years. The conditions of probation are that the defendant serve 10 days in McLeod County Jail, serve 10 days of sentence to service work, and pay a fine and surcharge of $585.

Jose Cano, 40, of Hutchinson entered a plea of guilty to one felony count of possession of a controlled substance for an offense that occurred on or about Aug. 31, 2020. Judge Maher stayed the imposition of sentence and placed the defendant on probation for three years. The conditions of probation are that the defendant serve 90 days in McLeod County Jail, complete a chemical dependency evaluation, follow the recommendations of the evaluation, have no use or possession of alcohol or non-prescription drugs, and pay a surcharge of $85.

Gerald Russell, 59, of Browns Valley previously entered a plea of guilty to one felony count of driving while impaired-refusal to submit to a chemical test for an offense that occurred on or about April 18, 2020. Judge Winters ordered the defendant to serve 46 months in prison and pay a surcharge of $85.

Gene Peterson, 68, entered a plea of guilty to one misdemeanor count of disorderly conduct for an offense that occurred on or about Oct. 24, 2019. Judge Winters stayed the imposition of sentence and placed the defendant on probation for two years. The conditions of probation are that the defendant serve 45 days in McLeod County Jail and pay a surcharge of $85.

Josiah Biwott, 43, of Marshall entered a plea of guilty to one gross misdemeanor count of driving while impaired–refusal to submit to a chemical test for an offense that occurred on or about Feb. 9, 2020. Judge Winters stayed the imposition of sentence and placed the defendant on probation for two years. The conditions of probation are that the defendant serve three days in McLeod County Jail, complete a chemical dependency evaluation, follow the recommendations of the evaluation, attend a victim impact panel, and pay a fine and surcharge of $225.

Derek Kuchenmeister, 43, of Montrose entered a plea of guilty to one felony count of unauthorized use of a motor vehicle for an offense that occurred on or about July 16, 2020. Judge Winters stayed the imposition of sentence and placed the defendant on probation for three years. The conditions of probation are that the defendant serve 30 days in McLeod County Jail, pay restitution in the amount of $2,089.32, have no contact with the victim, and pay a surcharge of $85.

James Callender, 63, of West St. Paul entered a plea of guilty to one felony count of theft for an offense that occurred on or about March 3, 2020. Judge Maher stayed the imposition of sentence and placed the defendant on probation for one year. The conditions of probation are that the defendant serve 75 days in McLeod County Jail, pay restitution in the amount of $1,175.74, and pay a surcharge of $85.

Todd Maresch, 59, of Stewart entered a plea of guilty to one gross misdemeanor count of driving while impaired for an offense that occurred on or about Feb. 29, 2020. Judge Winters stayed the imposition of sentence and placed the defendant on probation for two years. The conditions of probation are that the defendant serve one day in McLeod County Jail, serve five days of sentence to service work/community work service, complete a chemical dependency evaluation, follow the recommendations of the evaluation, have no use or possession of alcohol or non-prescription drugs, attend a victim impact panel, and pay a fine and surcharge of $525.

Edwin Nelson, 58, of Lester Prairie entered a plea of guilty to one gross misdemeanor count of domestic assault for an offense that occurred on or about June 13, 2020. Judge Winters stayed the imposition of sentence and placed the defendant on probation for two years. The conditions of probation are that the defendant serve 15 days in McLeod County Jail, serve 15 days of sentence to service work/community work service, complete a domestic abuse evaluation, follow the recommendations of the evaluation, attend anger management classes, have no use or possession of non-prescription drugs, and pay a fine and surcharge of $185.