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Convicted sex offender back in District Court

Appearing before Judge John Mercer on Tuesday, Benjamin Winkler entered his general denials to allegations brought forth by Probation and Parole regarding a revocation of his probation. Judge Mercer set this matter for a hearing on the merits on August 20, 2024.

According to the affidavit filed in support of the petition to revoke, in violation of his conditions of probation, Winkler was allegedly in possession of child pornography, hasn’t completed the court ordered sex offender treatment, and attended an event where children were present at the E.L Johnson park in Plains. Winkler, who was convicted in 2011 of sexual intercourse without consent and sexual assault and designated a Tier II sexual offender, was originally sentenced to a net sentence of 65 years with 60 years suspended.

Ryan B. Davis appeared for a status hearing for his appeal of a Justice Court conviction for reckless driving. Davis, representing himself, requested to remain pro se and to have a jury trial on the appeal. Judge Mercer set this matter for trial on October 15, 2024.

Coming before the court for sentencing following a jury trial, Joshua Michael Dodson was sentenced to a net sentence of five years to the Department of Corrections, with all that time suspended and credit for 186 days time served. Following testimony and argument regarding restitution, Dodson will be required to pay $2,945.98 to the victim, in addition to a $100 fine and other fees.

Curtis Raymond Lumley appeared for sentencing, pursuant to a plea agreement, for an amended charge of criminal endangerment. After discussion between the parties regarding the presentence investigation and fees, Lumley was sentenced to five years to the Department of Corrections, with all that time suspended. Lumley will also serve 30 days in the Sanders County Jail, with credit for 18 days time served, and the remaining 12 days to be served on weekends. A $5,000 fine with additional surcharges and fees was imposed as well, to be paid over the length of his suspended sentence.

 

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