Supreme Court upholds convictions from river incident

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The state Supreme Court has upheld a Bismarck man's convictions related to an incident on the Missouri River.

John Douglas Wetzel appealed his conviction for terrorizing, aggravated assault, reckless endangerment and criminal mischief.

Wetzel was accused of threatening two men, striking one of them with a personal watercraft, causing minor injuries to the man and minor damage to the personal watercraft, and of attempting to strike the other man with the personal watercraft.

He entered a conditional guilty plea to the charges after Surrogate Judge Benny Graff declined to dismiss the charges. Graff deferred imposition of sentence in the case.

Wetzel argued that the charges should be dismissed on the basis that the Burleigh County State's Attorney's office did not have jurisdiction on the Missouri River. His argument was based on descriptions in state law of the border between Burleigh and Morton counties, which says the boundaries lie "along the main channel" of the Missouri River.

The justices voted 5-0 to uphold Graff's ruling not to dismiss the case.

"Wetzel's interpretation would lead to an absurd and ludicrous result and is also contrary to statutory language authorizing prosecutions of offenses committed on board a boat or vessel navigating a river,"Justice Mary Muehlen Maring wrote in the unanimous opinion.

(Reach reporter Jenny Michael at 250-8225 or jenny.michael@bismarcktribune.com.)

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