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Court proceedings

Brown County District Court

• Felony 3rd-degree assault-substantial bodily harm and misdemeanor 5th-degree assault charges were filed Aug. 15 on Cesar Eduardo Martinez, 32, Sleepy Eye. A remote Zoom hearing was set for 8:30 a.m. Sept. 4.

According to court documents, Sleepy Eye Police Officer Peter McGarry got a July 27 call from a woman asking him to come to a residence so her boyfriend could report an incident that happened the prior night.

A witness told Officer McGarry the victim had a CT scan and had a concussion. The victim said he was at the Dawg Haus Bar and Grill in Sleepy Eye with his neighbor and another person. The victim said he later went to his neighbor’s house in Sleepy Eye, right behind the victim’s house, when the other man sucker punched (unprovoked) him in the head, he fell to the ground and the man continued punching him in the head.

Officer McGarry learned the person who attacked the victim was Martinez and saw Mayo Clinic Mankato paperwork about a head injury, concussion and hematoma. Officer McGarry saw swelling on the back of the victim’s head, side of his face, a swollen lip and cuts inside his mouth. Officer McGarry unsuccessfully tried calling Martinez several times.

• A felony theft charge was filed Aug. 15 on Christine Nicole Smith, 38, New Ulm. A remote Zoom hearing was set for 8:30 a.m. Sept. 3.

According to court documents, New Ulm Police Officer Erik Byro went to Walmart to investigate a theft report March 23. A store asset protection manager said Smith was involved with many thefts at New Ulm and Fairmont Walmart stores and Fairmont Police were made aware of the thefts there.

The investigator said Smith “skip scanned” $977.12 worth of items in 21 visits to a self-checkout station at the New Ulm store between Jan. 6 and March 3, according to photos and video of each theft. Fairmont Walmart thefts totaled $321.51. Total value of thefts at both stores was $1,298.63.

• A felony issue dishonored check charge was filed Aug. 16 on Anthony Thomas Nybo, 40, Mountain Lake. An arrest warrant for Nybo is active.

According to court documents, Brown County Sheriff’s Deputy Jason Fairbairn got a call from an employee of Triumph State Bank of Comfrey March 19. The caller said Nybo cashed seven checks totaling $4,100 March 13, 14 and 18 that were returned for non-sufficient funds. It was also discovered that check numbers were duplicated. The bank has security footage of Nybo entering the bank and cashing checks on the dates mentioned.

Brown County Sheriff’s Office Investigator Andrew Konechne went to Nybo’s residence south of Mountain Lake March 27 to ask him about the checks. Nybo admitted to cashing all seven checks at Triumph Bank.

Investigator Konechne told Nybo he was going to be mailed a notice and demand for payment and if the demand was not satisfied in a number of days, he would be charged with issuance of a dishonored check.

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