Criminal Defense Trials

State v. Bargmann

Mr. Bargmann was charged with Cross Sexual Imposition: a Class A Felony (Stutsman County 2015). Dismissed at the Preliminary Hearing.

State v. Beach

Mr. Beachwas charged with Possession Of Certain Materials Prohibited: a Class C Felony and Promoting Sexual Performance By Minor: A Class C Felony (Barnes County 2014). Dismissed at the Preliminary Hearing.

State v. Tweeten

Mr. Tweeten was charged with Felonious Restraint; Class C Felony (Burleigh County 2013). Case dismissed.

State v. Cuthbertson

Mr. Cuthbertson charged with Gross Sexual Imposition; Class AA Felony (Morton County 2013). Dismissed with prejudice.

State v. Stanley

Ms. Stanley charged with Aggravated Assault, Class C Felony (Burleigh County 2013). Dismissed with prejudice.

State v. Adams

Mr. Adams charged with Violating Disorderly Conduct Restraining Order; Class A Misdemeanor (Burleigh County 2012). Dismissed with prejudice.

State v. Berg

Ms. Berg charged with Fleeing the Police and Hindering Law Enforcement; Class A Misdemeanors (Burleigh County 2012). Dismissed with prejudice.

State v. Zimprich

Mr. Zimprich charged with Homicide; a Class AA Felony. (Burleigh County 2010). Not guilty for lack of criminal responsibility.

State v. Hruby

Mr. Hruby was charged with three counts of hunting violations. (Burleigh County 2009). Not guilty.

State v. Huft

Mr. Huft was charged with Gross Sexual Imposition; a Class A Felony (Burleigh County 2009). Not guilty.

State v. Gosch

Mr. Gosch was charged with Gross Sexual Imposition; a Class A Felony (Morton County 2008). Class A Felony was dismissed second day of trial. Mr. Gosch received deferred imposition to a misdemeanor.

State v. Rhodes

Mr. Rhodes was charged with child abuse; a Class B Felony. (Burleigh County 2005). Directed verdict.

State v. Worrel

Mr. Worrel faced a second trial based upon the allegations of another young female player. (LaMoure County 2001). Not guilty.

State v. Worrel

Mr. Worrel was a high school girl’s basketball coach accused of felony sex offenses. (LaMoure County 2000). Not guilty.

State v. Carter

Domestic assault case. Ex-wife accused of assaulting her ex-husband when he interfered with her right to visit her son. Pro bono defense at the request of the Attorney General of North Dakota. (McLean County 1998). Not guilty.

State v. Olander

Mr. Olander was charged with manslaughter. Dickson Law Office handled trial along with Nancy Hollander of Freedman Boyd Hollander Goldberg Urias & Ward PA, Albuquerque, NM. (Oliver County 1998). Not guilty.

State v. Moberg

Mr. Moberg was charged with negligent homicide. (Williams County 1997). Not guilty.

U.S. v. Poitra

Mr. Poitra was charged with sexual misconduct involving a minor. (D.N.D. 1995). Not guilty.

U.S. v. Youngbird

Mr. Youngbird was charged with gross sexual imposition involving a minor. (D.N.D. 1994). Not guilty.

State v. Finneman

Mr. Finneman was charged with murdering his two-month-old son. Change of venue was granted because of prejudicial pretrial publicity. Mr. Finneman’s “confession” was admitted into evidence. (Ward County, 1993). Not guilty.

State v. Owens

Mr. Owens, a nursing home administrator, was charged with embezzlement. (Adams County 1993). Not guilty.

State v. Pfleiger

Mr. Pfleiger was charged with unauthorized use of a motor vehicle. (McLean County 1992). Not guilty.

State v. Trevino

Mr. Trevino was charged with two reckless endangerment charges. (LaMoure County 1990). Not guilty.

State v. Beauchamp

Mr. Beauchamp was charged with negligent homicide. Synopsis of this case was published in “Not Guilty – The Newsletter for Criminal Defense Attorneys” (Jan. 1990). (Mercer County 1989). Not guilty.

State v. Grad

Mr. Grad was charged with terrorizing. (Williams County 1987). Not guilty.

U.S. v. Bourgois

Mr. Bourgois was charged with felony theft. (D.N.D. 1985). Not guilty.

State v. Frost

Mr. Frost was charged with Attempt to Obtain a Controlled Substance by Fraud; a Class C Felony (Burleigh County 2009). Case dismissed with prejudice.

State v. Rummel

Mr. Rummel was charged with Misapplication of Entrusted Property and Public Servant Refusing to Perform Duty; Class A Misdemeanors (Dickey County 2015). Case dismissed with prejudice.

State v. Goodman

Ms. Goodman was charged with Criminal Trespass, a Class B Misdemeanor (Morton County 2016). Case dismissed. The case was later recharged as Engaging in a Riot, a Class B Misdemeanor. Case dismissed.

State v. Nason

Mr. Nason was charged with Reckless Endangerment, a Class A Misdemeanor (Ward County 2016). Case dismissed.

State v. Schwartzenberger

Mr. Schwartzenberger, an elected Sheriff, was charged with Misapplication of Entrusted Funds, a Class A Misdemeanor (McKenzie County 2015). Case dismissed.

Judge drops case against McKenzie County sheriff

McKenzie County Sheriff Gary Schwartzenberger, left, sits next to his attorney, Tom Dickson, at the Burleigh County Courthouse in Bismarck in March during a discovery hearing for his charge of misuse of county government funds.

McKenzie County Sheriff Gary Schwartzenberger has a clear court record, just in time for re-election.

On Monday, South Central District Judge Sonna Anderson dismissed his two-year-old misdemeanor charge of misapplication of entrusted property, related to nearly $1,000 in expenses on a county credit card in March 2015 at a Las Vegas sheriffs’ convention.

“It is time to put this issue to rest,” Anderson wrote.

Schwartzenberger was charged in November 2015 and fought the criminal case for almost his entire first term in office. The dismissal comes five months after Gov. Doug Burgum reinstated the embattled sheriff following a delayed removal proceeding, as well as an appeal Schwartzenberger won over the county commission related to authority over his employees.

Schwartzenberger did not return multiple phone calls and an email Tuesday seeking comment. A woman who answered the phone for the McKenzie County Sheriff’s Office administration said he was attending a county commission meeting.

“The state failed to meet its burden to prove the elements of the offense,” Anderson wrote.

McKenzie County had no credit card policy at the time of Schwartzenberger’s disputed expenditures, according to court documents. McKenzie County meeting minutes indicate that commissioners did approve a credit card policy in August 2015.

Defense attorney Tom Dickson, speaking by phone from Rugby, said the case has been “a long, tough fight.”

“We have litigated this thing ‘til the cows came home, literally,” he said. “We won. It never was a case. Our position was pretty clear.”

The North Dakota Bureau of Criminal Investigation probed the matter before Schwartzenberger was charged. McKenzie County Commission minutes indicate the sheriff, commissioners and then-auditor/treasurer wrangled over his use of the county credit card in 2015, even disputing his purchase of bulk candy for parades a year later.

Dickson said he represented Schwartzenberger pro bono in this case, which had been set for trial in a month.

“I don’t like bullies, and that’s exactly what this case was,” he said, referring to perceived attacks from the Attorney General’s Office, which prosecuted the sheriff.

Since Schwartzenberger returned in early August, eight deputies have resigned from the McKenzie County Sheriff’s Office, most of them leaving for other agencies. At least two former deputies have filed labor grievances.

Late last year, Schwartzenberger indicated his intent to run for a second term.

State v. Sherven

Ms. Sherven was charged with Conspiracy to Deliver a Controlled a Substance, a Class A Felony, Possession of a Controlled Substance with Intent to Deliver, Methamphetamine, a Class A Felony (Stark County 2016). Motion to Suppress granted. Case dismissed.

State v. Scott

Mr. Scott was charged with Gross Sexual Imposition, a Class AA Felony; 20-year mandatory minimum sentence (Morton County 2017). Case dismissed.

State v. Johnson

Mr. Johnson was charged with Conspiracy to Commit Burglary (Class B Felony), Burglary (Class B Felony), and Aggravated Assault (Class C Felony). (Burleigh County 2019) Case Dismissed.

State v. K.S

Defendant charged with Luring Minor by Computer (Class C Felony). (Mercer County 2019) Case Dismissed.

State v. Schoch

Mr. Schoch was charged with Resisting Officer (Class B Misdemeanor) (City of Dickinson, 2020). Case dismissed. In addition, Mr. Schoch was also charged with Physical Obstruction of a Government Function (Class A Misdemeanor) and Preventing Arrest (Class A Misdemeanor) (Stark County, 2020). Case dismissed.

State v. Bitz

Mr. Bitz was charged with Child Neglect or Abuse, a Class C Felony (Morton County 2021). Case dismissed.

State v. Irey

Mr. Irey was charged with Violation of a Domestic Violence Protection Order, a Class A Misdemeanor (Burleigh County 2021). Case dismissed.

State v. Rueb

Ms. Rueb was charged with Unlawful Possession of a Controlled Substance (Fentanyl), a Class A Misdemeanor (Mercer County 2021). Case dismissed.