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N.D. (AP) — A Southeast District Court judge has rejected a plea agreement for former Wells County Sheriff Johnny Lawson.
Lawson is accused of drug-dealing, bribery and not performing his duties. He faces felony charges.
Judge Daniel Narum on Thursday rejected an agreement Lawson had reached with prosecutors. Its terms called for Lawson to plead guilty to a misdemeanor drug charge and testify against a drug suspect in a related case. The other charges would be dropped.
Narum said the plea deal “is inappropriate and doesn’t serve justice.”
The 41-year-old Lawson abruptly resigned in April, citing personal reasons. He was arrested about a month later.
The following is a portion of an article courtesy of the Hearld-Press in Harvey, North Dakota.
“The plea agreement would have dismissed both felony charges and two misdemeanor charges in exchange for a plea of guilty to ingestion of a controlled substance. For the guilty plea, Lawson’s attorney, Peter Welte, requested a sentence of five days in jail
with credit for five days served. “The other charges are not supported in fact. Not substantiated in fact,” Welte said.
Jeremy Ensrud, special assistant attorney representing the State Attorney General’s Office
agreed. He said, “The original charges are centered around Lawson’s association with Alex Lail. The benefit of the plea agreement is that he has agreed to cooperate with the prosecution of Alex Lail.”
Lail is facing numerous felony charges associated with drug conspiracy, corruption and
criminal activity in and around Wells County. He will appear in court in December. “There’s a big difference between probable cause and the state’s burden to prove beyond a
reasonable doubt. I think it would be an uphill battle to obtain a conviction on these c
harges,” Ensrud said.
However, Narum appeared unconvinced. “This is a significant price for the state to pay for [Lawson’s] cooperation in this investigation,” he said.
Narum then referenced an Oct. 20 request from Brian Mindt, of Cathay, to address the court. “Despite reservations, I’m going to give Mindt the opportunity to come forward,” Narum said. “I think you have the right to be heard with understanding that it may not be something I’m allowed to consider.” Mindt’s statement, as well as additional statements fromDonna Lail and Courtney Lemer, included examples of problems they had with Lawson.
Then Lawson’s wife and son, Chistine Lawson and Brandon Lawson, spoke in defense of Lawson and his duties as sheriff. Christine said her husband had been “railroaded.”
“There are multiple people in the courthouse who have been breaching information that was sealed,” Brandon said.
After lengthy and silent consideration, Narum said, “I have two options. To accept the plea
agreement as presented or to reject it.” He rejected it. In doing so, Narum said he considered the serious nature of the charges, the fact that the defendant was a public official, and the fact that two of the charges directly relate to his service as public official.
Welte requested an amended bond order to lift the travel restriction so that Lawson could seek employment and go on vacation. Narum denied this request, maintaining out
-of-state travel restrictions to South Dakota and Montana.
Narum did approve a gag order against Wells County State’s Attorney and employees and to all parties and witnesses associated with the case.
On May 30, Lawson was arrested and charged with five counts –two felonies and three misdemeanors.
Count 1: Conspiracy to Deliver Meth (Class A Felony). Allegedly, Lawson agreed to deliver meth and was compensated for it.
Count 2: Bribery (Class B Felony). Allegedly, as Wells County Sheriff, Lawson received compensation of free meth for agreeing to violate duties.
Count 3: False Information to a Law Enforcement Office (Class A Misdemeanor).
Allegedly, Lawson knowingly gave false information and reports to ND Bureau of Criminal Investigation.
Count 4: Neglect of Duty (Class A Misdemeanor). Allegedly, Lawson knowingly refused to perform duties to investigate and assist in the prosecution of laws regarding the use, possession, ingestion and delivery of methamphetamine. He allegedly received meth and willfully neglected to file reports relating to drugs, burglaries and conspiracy to commit armed robbery.
Count 5: Ingesting a Controlled Substance, Methamphetamine (Class A misdemeanor).
Allegedly, between August 1, 2016 to April 19, 2017, Lawson admitted to intentionally ingesting meth by snorting. His charges were for alleged criminal activity and conspiracy that occurred between January 1, 2016 and April 25, 2017, while he was a licensed peace officer serving asthe Sheriff of Wells County.
Five days after he was arrested, Lawson was released from jail, by ruling of Southeast Judicial District Judge Jay Schmitz, on a $25,000 unsecured bond. On June 28, he appeared before the court by telephone, requesting that his bond be modified to allow him to travel between North Dakota, South Dakota and Montana. This was granted by Southeast District Judge Daniel Narum. Lawson’s attorney argued that Lawson needed to travel across state lines so that he could maintain employment.” Courtesy of the Herald-Press in Harvey, North Dakota.