Cloquet man sentenced to 30 months for role in gun incidentLee David Roy, 28, was ordered by Judge Dale Wolf to report immediately to the Commissioner of Corrections.
By: Wendy Johnson, Pine Journal
A Cloquet man received a 30-month prison sentence last Thursday on one felony count of possessing a pistol/assault weapon after being convicted of a crime of violence.
Lee David Roy, 28, was ordered by Judge Dale Wolf to report immediately to the Commissioner of Corrections. Charges of felon convicted of a crime of violence/firearm violation and terroristic threats were dismissed as part of the plea agreement.
Roy was also sentenced last Wednesday to 30 days of confinement on an unrelated misdemeanor charge of trespassing at a business, to be served concurrently with the other case, as well as $185 for allowing an open bottle. Two charges of felon in possession of a firearm, second-degree assault, and first- and second-degree aggravated tampering with a witness were dismissed in that case.
According to the criminal complaint filed in the first matter, Carlton County Sheriff’s deputies and Fond du Lac police officers responded to a report of some 10-12 gun shots fired in the 3200 block of Moorhead Road. The complainant also told authorities that a juvenile male had flashed gang signs at him and then got into a motor vehicle with several other people before driving up and down the road waving a pistol several times at him.
Authorities later located the vehicle nearby and conducted a traffic stop. The officers discovered the juvenile was with three adults and another juvenile. Two of the adults were later identified as David James Barney and James Orville Councillor. Officers located the loaded handgun under the front passenger seat and later determined it had been reported stolen in St. Louis County.
Further investigation revealed there had been similar threats made to the complainant and his relatives earlier in the day. Morgan Rae DeLille was found to have driven the juveniles up and down the road at least five times, along with Roy, who accompanied her. Witnesses said one of the juveniles and Roy turned and waved the handgun and flashed gang signs toward them from the back seat of DeLille’s car, allegedly in an attempt to terrorize them.
Roy was later found to have been convicted of a previous felony crime of violence, and as such was prohibited from possessing firearms. Roy was convicted of aiding and abetting first-degree assault in 2004.
Also facing charges in the case was Broderic Thomas Mullen, 17, of Sawyer, who later requested to be certified as an adult. He was charged with one felony count of possession of a prohibited weapon by an under-aged person, one count of second-degree assault and one misdemeanor count of reckless handling/use of a weapon. He pleaded guilty to second-degree assault on July 3 and was sentenced to 36 months in prison. The sentence was stayed for five years of supervised probation. He was also sentenced to one year of local confinement, with credit for 119 days already served. The balance of the charges against him were dismissed.
Barney, 18, of Cloquet, Councillor, 18, of Cloquet, and DeLille, 18, of Cloquet were all charged with felony aiding and abetting possession of a pistol by a minor, aiding and abetting reckless handling/use of a weapon (a misdemeanor), and felony terroristic threats. Barney was also charged with fifth-degree felony possession of a controlled substance, in this case morphine.
Councillor was sentenced on May 5 to a stayed term of 35 days of local confinement on one count of illegal transport of an uncased firearm in a motor vehicle. The rest of the charges were dismissed.
DeLille was sentenced on July 10 on one count carrying or possessing a pistol without a permit in a public place. She was granted a stay of imposition and must serve two years of supervised probation. The other charges against her were dismissed.
Barney’s case has not yet been resolved.