Court Proceedings
Court
Brown County District Court
• Charges of felony identify theft-aid and abet and felony identity theft-conspiracy were filed May 3, 2023 against David J. McGuire, 53, a resident of the Minnesota Sex Offender Program (MSOP), Moose Lake, Lynnet J. Kiyondi, 37, and Erick A. McPherson, 35, of 1400 N. State St., New Ulm. A Zoom hearing was set for 8:30 a.m., Tuesday, May 30, 2023.
According to court documents, Special Investigator (SI) Thane Murphy of the Office of Special Investigations (OSI) received a client request from a victim housed at Moose Lake on Aug. 10, 2021. The request alleged the victim’s checking account was being used by McGuire and “his people” to take money from four MSOP clients.
New Ulm Police Sr. Investigator Jeff Hohensee talked with Murphy and it was learned that Erik McPherson and Lynnet Kyondi, who lived in New Ulm, were involved in the scheme.
Murphy told the victim to contact his bank’s fraud department and report the suspicious transactions. Murphy and other staff began monitoring recorded phone calls from McGuire. It was discovered that McGuire was using the victim’s phone PIN number and identified himself to US Bank using the victim’s identity.
Since July 2021, McGuire obtained and used MSOP client’s victim 1, 2, 3 and 4’s personal identifying information including name, Social Security number, date of birth, and bank account information. McGuire gave the client’s personal identifying information to two external individuals, Erik McPherson and Lynnet Kiyondi to commit and assist with fraud for financial gain. Total fraudulent charges were Victim 1 $885.40; Victim 2 $485.26; Victim 3 $450; and Victim 4 $1,254.03; totaling $3,074.69.
• A charge of felony 1st-degree damage to property was filed May 4, 2023 against Ross A. Rieke, 62, 5 1/2 S. Minnesota St., New Ulm. According to court documents, New Ulm Police responded to the Brown County Evaluation Center (BCEC) at 1:51 a.m. Nov. 26, 2022 regarding Rieke damaging the isolation cell. Rieke was earlier placed into the BCEC for disorderly conduct and obstruction of legal process. Police were earlier asked to respond to the BCEC to help with placing Rieke into an isolation cell.
New Ulm Police Cpl. T. J. Ibberson arrived at the BCEC and heard banging and pounding coming from inside. Staff said Rieke damaged a padded wall down to a plywood section of it. Ibberson saw Rieke hitting the ceiling of the isolation cell with a large plywood piece. The room was in disarray.
Rieke was led out of the isolation room towards the exit. Rieke requested a preliminary breath test and provided a breath sample that registered .078 blood alcohol content. He was transported to the Brown County Jail.
BCEC staff provided repair and replacement costs estimated at $1,075.
• Charges of felony drug sale one or more mixtures containing a narcotic drug, 4th-degree drug possession except marijuana with intent to sell, 5th-degree drug possession-not small amount marijuana, misdemeanor driver must carry proof of insurance when operating vehicle, driving after revocation, possession of drug paraphernalia, and possession over 1.4 grams marijuana in motor vehicle were filed May 3, 2023 against Brandon J. Klouda, 25, 25242 571st Ave., Winthrop. A Zoom hearing was set for 8:30 a.m., June 6, 2023.
According to court documents, New Ulm Patrolman Andrew Kuester was traveling northbound on TH 15 from Shag Road at 10:51 p.m. Jan. 27, 2023 when he noticed a white 2007 Dodge Caravan without an operating brake light. Kuester stopped the vehicle at the intersection of TH 15 and Bridge St. and identified the driver as Klouda who said he was coming from Hanska, going home to Winthrop and took the route because he didn’t have a license or vehicle insurance.
Officer Kuester learned Klouda’s driving status was revoked and smelled a marijuana odor coming from the vehicle. Klouda admitted to having marijuana in the vehicle, a THC cartridge in his pocket and a “little bit” of meth in his vehicle.
Items logged into evidence included 9.28 grams of marijuana, a broken glass pipe with white residue, a green marijuana grinder, glass and metal pipes with residue, 10 100 mg. Gabapentin pills, 14 300 mg. Gabapentin pills, 4.11 grams of a white, crystal-like substance, 1.27 grams of crystal like substances, plastic baggies. Substances tested positive for methamphetamine and THC.
On April 10, 2023, Brown Lincoln Redwood Renville Drug Task force agent Mullenbach examined Klouda’s cell phone information including many Snapchat conversations involving he and he is the supplier of controlled substances in and around Brown County.
Klouda’s criminal history showed he was convicted of 5th-degree felony controlled substance possession in Brown County in 2018, felony 5th-degree controlled substance possession in Sibley County in 2019 and 2020. He was convicted of felony 1st-degree controlled substance sale in Blue Earth County and has been convicted twice for drug paraphernalia possession.
