Court Proceedings

Brown County

District Court

Stephen M. Kostoff, 32, 305 11th St. N., New Ulm, received a stay of adjudication Monday for malicious punishment of a child-less than substantial bodily harm. A misdemeanor domestic assault charge was dismissed. He was fined $900, credit to fine for out-of-pocket counseling expenses and fee for Vet’s Court, if any. He was placed on two years supervised probation. Conditions include completing domestic violence assessment and follow any recommendations, participate in Fifth Judicial District Veteran’s Court and comply with court requirements and any sanctions for non-compliance with Veteran’s Court conditions or directives. Have no acts of violence or display any threatening, harassing or intimidating behaviors.

Juan P. Zuniga, 41, 2201 N. Broadway, New Ulm, was charged Tuesday with felony second-degree assault, gross misdemeanor fifth-degree criminal sexual conduct and misdemeanor fifth-degree assault. According to court documents, New Ulm Police were called to 100 North Broadway at 11:21 p.m., Sunday, July 17 for a report of a person hit in the head with a beer bottle. At the scene, 10 to 15 people on the 500 block of 1st North St. told police “we have him for you.” Police noticed a male holding another male on the ground. Members of the group said the man on the ground, later identified as Zuniga, hit a man over the head with a beer bottle inside the B&L Bar. Police handcuffed Zuniga.

Police learned that the man was bleeding from the head after he was hit in the head with a beer bottle by Zuniga, who then ran away before others caught him next to City Hall and called 911. Police observed a man with glass behind his right ear and on the right shoulder of his shirt.

Police talked with a woman who said an Hispanic man with dark hair grabbed her breast while she was inside the bar that night before he hit a man on the head with a beer bottle after the man told Zuniga to apologize to the woman. Then Zuniga left the bar and ran down an alley, and was chased by several people.

Zuniga, who had blood on his baseball cap, was transported to the Brown County Evaluation Center. Zuniga told police the blood was his and that it came from his defending himself after he was threatened and humiliated in the bar. Zuniga told police he threw a bottle at a guy’s head and that he would pay for his expenses.

Cody L. Stark, 22, Minnesota Dept. of Corrections, St. Cloud, was charged Tuesday with felony first and second-degree and two counts of third-degree criminal sexual conduct. According to court documents, New Ulm Police got a fax from the Spooner, Wisconsin Police Department regarding a sexual assault involving a juvenile victim that occurred in New Ulm four years ago.

On Feb. 16, 2016, police traveled to Wisconsin to interview the juvenile and was told that the juvenile went to a friend’s home on the 900 block of South Broadway where a party was being held that included Stark. The juvenile said people were drinking alcohol at the party when Stark began touching her in a sexual manner and later had sex with her in a basement bathroom.

Stark is currently incarcerated at the St. Cloud prison with a projected release date of Feb. 6, 2017. He was sentenced on OCt. 19, 2015 as a predatory offender knowingly violating registration requirements or providing false information.

A warrant was requested and bail set at $50,000 while he is detained for further proceedings.

Xavier M. Eaton, 19, address unknown, was charged Tuesday with felony first and second-degree criminal sex and two counts of third-degree criminal sex. According to court documents, New Ulm Police got a fax on April 26, 2016 from the Minnesota Prairie County Alliance (Dodge, Steele and Waseca Counties) reporting agency for all child protection cases.

A juvenile recently disclosed to a mandated reporter that the juvenile lied to her parents and told them she was sleeping at a friend’s house, then called her 19-year-old boyfriend, Eaton, who drove from New Ulm, picked up the juvenile and returned to his New Ulm apartment located at 125 N. Minnesota.

The juvenile said Eaton forced her to have sex with him, she later called a friend who picked her up and she returned to the Janesville area. She described Eaton and showed police photos she took of him that matched his Minnesota Department of Motor Vehicle (DMV) photograph. Eaton’s bail was set at $100,000.

Jason P. Severson, 43, 800 3rd Ave. N.E., Sleepy Eye, received a stay of adjudication Tuesday for furnishing liquor to a person under age 21. He was fined $400 and placed on one year unsupervised probation. Conditions include taking a server education class.

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