'Crime doesn't pay' in Carlton Spur station burglary case [The Pine Journal, Cloquet, Minn.] - Insurance News | InsuranceNewsNet

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January 4, 2012 Newswires
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‘Crime doesn’t pay’ in Carlton Spur station burglary case [The Pine Journal, Cloquet, Minn.]

Jana Peterson, The Pine Journal, Cloquet, Minn.
By Jana Peterson, The Pine Journal, Cloquet, Minn.
McClatchy-Tribune Information Services

Dec. 31--Almost a year after three men and one woman burglarized the Carlton Self-Serve gas station and convenience store, Carlton County Sixth District Judge Robert Macaulay filed his final decision regarding restitution for damages incurred last December.

In a Dec. 2 order for restitution, Judge Macaulay ordered that defendants Ethan Alexander Gamble, 21, and Codyalen M. Hagenbeck-Westerberg, 20, split restitution totaling $99,212 plus $263 to be paid individually. In addition, Gamble and Hagenbeck-Westerberg are to also split additional restitution charges totaling $22,828 four ways with co-defendants Christa Danya Almeda Berg, 19, and William Chase Reponen, 21.

All four of the defendants pleaded guilty earlier this year to being involved in one or two burglaries at the gas station Dec. 18 and 20 last year.

According to the complaint filed in the incidents, Carlton County Sheriff's deputies responded at 5:25 a.m.Dec. 18 to a report of an overnight burglary at the convenience store/gas station, located at the intersection of County Roads 1 and 3 in Carlton.

Upon investigation, deputies discovered footprints leading to and from the store from County Road 1. They also found that the perpetrators had gained entry into the business by smashing a side window and crawling through the window space. There was evidence one of them cut himself on the broken glass, and blood samples were taken at the scene by officials.

While inside, the perpetrators stole a large amount of tobacco products and approximately $20 in cash, and damage was done to coolers, the gas pump controller near the till and other fixtures.

Investigators were still looking into the incident when a second break-in at the same business was discovered in the early morning hours of Dec. 20. Deputies found that the break-in took place in a similar fashion to the earlier burglary, but this time the perpetrators caused a significant amount of damage, leaving almost no glass intact inside the store, taking a hammer to the walls and destroying coolers containing food items, soda and other beverages.

When investigators executed a search warrant for the Cloquet home where all four defendants resided with several other young people, police found many of the items stolen from the burglary and used in the damage caused to the store. The three men implicated in the crime were then taken into custody and Berg later turned herself in.

Gamble -- then an employee of the gas station -- and Hagenbeck-Westerberg admitted to entering the store on both occasions, stealing the items and causing a massive amount of damage. Reponen and Berg acted as lookouts and getaway car drivers during the first burglary, utilizing two-way walkie talkies to keep them in communication with Gamble and Hagenbeck-Westerberg while they were inside the store.

In September, attorneys for both Gamble and Hagenbeck-Westerberg argued that the restitution requests were excessive in some instances, citing expenses incurred by Spur Station owner MiLissa Soukkala in replacing the security cameras and the till at the store, as well as out-of-pocket expenses and loss of business costs claimed by Soukkala.

Because Gamble's attorney, Christopher Stocke, failed to file an affidavit outlining his client's objections prior to the restitution hearing, Judge Macaulay did not allow Gamble to testify during the September hearing.

Nichole Carter, at that time an assistant Carlton County Attorney, pointed out Stocke's mistake during a hearing Sept. 22.

"The affidavit has to be submitted to the state five days in advance of the hearing," Carter said. "Testimony in lieu of the affidavit is not permitted. This is the procedure we all have to follow."

In his order, Judge Macaulay agreed with Carter and barred Gamble's claim because he "failed to meet the procedural requirements."

Mikkel Long, attorney for Hagenbeck-Westerberg, had filed an affidavit and was permitted to argue claims for restitution filed by both Soukkala and to Auto Owners Insurance Company, which paid the bulk of the claims for damages incurred at the gas station/convenience store.

"In no way is Mr. Hagenbeck-Westerberg disputing the restitution award, the issue is with figuring the fair amount for all parties involved," Long said at the September hearing.

Long gave as an example the $3,634 claimed by Soukkala and a total of $4,385 by Auto Owners Insurance for the replacement of the security system at the store, arguing that Soukkala upgraded to a more sophisticated system, and displaying a printout of a cheaper system available online.

Although he had his day in court, Long's arguments were refuted by the judge.

In his order for restitution, Judge Macaulay noted that Soukkala "has no obligation to replace her security system in the cheapest manner possible," and ruled that the costs associated with the replacement and installation of the system were reasonable and well-documented and both were entitled to the requested restitution amount.

Carlton County Attorney Thom Pertler predicted that the large restitution amount will likely end up a civil judgment that likely will not be paid in full, particularly the more than $55,000 each owed by Gamble and Hagenbeck-Westerberg.

Soukkala had not returned calls for comment as the Pine Journal went to press.

___

(c)2012 The Pine Journal (Cloquet, Minn.)

Visit The Pine Journal (Cloquet, Minn.) at www.pinejournal.com

Distributed by MCT Information Services

Wordcount:  863

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