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Cloquet man sentenced to 36 months on assault, firearms charges

Wayne Joseph Bosto

A Cloquet man was sentenced to two concurrent prison terms last Wednesday that will result in a total of 36 months of incarceration in a Minnesota correctional facility.

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In two separate cases, Wayne Joseph Bosto, 30, was sentenced to 36 months for being a felon in possession of a firearm and 24 months for third-degree assault resulting in substantial bodily harm. Judge Robert Macaulay also sentenced Bosto to 45 days of local confinement on each of two separate misdemeanor charges of disorderly conduct (brawling/fighting), with credit for time served. Misdemeanor charges of obstruction and fifth-degree assault were dismissed.

According to the criminal complaint filed in the assault charge, at approximately 2:26 a.m. on June 1, 2012, police officers from Cloquet and the Fond du Lac Reservation were called to an apartment on the 1500 block of Whispering Pine Road for a report of a severely injured man who had been assaulted with a baseball bat.

Officers found the victim, then age 24, lying on the ground in a pool of his own blood. A baseball bat lay on the ground nearby, broken into two pieces. The victim had a severe head injury and it appeared he had been struck over the head with the bat.

After speaking to witnesses, officers learned that Bosto had allegedly been the one who hit the victim with the bat. According to the complaint, the victim received a “massive” head injury requiring numerous stitches and resulting in a concussion. In the aftermath of the injuries, it was also determined that — as a result of the injuries — the victim also had a very serious traumatic brain injury (T.B.I.).

Then, while that case was working its way through the judicial system and Bosto was out on bail, on Jan. 25, 2013, an officer with the Cloquet Police Department was on routine patrol when he noticed Bosto hitchhiking on the shoulder of Highway 45 at approximately 6:53 p.m. The officer noticed Bosto was carrying a grey sweatshirt and a black duffel bag, and noted that Bosto matched the description from an earlier call of a suspicious male walking through a resident’s property.

When the officer pulled his vehicle over to speak with Bosto, Bosto seemed confused and at one point placed his hand inside the bag he was carrying, went down on one knee and appeared to be focused on getting his hands inside it. The officer directed him to put the bag down, and Bosto ignored him, instead picking up the bag and pointing it lengthwise at the officer, who in turn drew his handgun and attempted to get cover behind the front of the squad. Bosto then began backing away from the squad, and when he was some 20-25 yards away, he took off toward the wooded area on the west side of Highway 45.

A search by officers and the Fond du Lac tracking dog led to the apprehension of Bosto as well as the bottom portion of a Vulcan assault-style rifle partially hidden in the snow next to his tracks. The criminal complaint  stated that based on the location of the items found, Bosto likely first dropped the bag and removed the gun and then continued on for about another 100 yards before attempting to bury one portion of the gun. Additional parts of the gun were located the following day by a conservation officer and his weapons detection dog.

A review of Bosto’s legal record revealed that he was ineligible to possess a firearm due to prior felony convictions. The court record shows that Bosto was convicted of first-degree assault and first-degree aggravated robbery in St. Louis County in 2001 and sentenced to 86 months at the Northeast Regional Correctional Center. In 2006, he was convicted of second-degree sale of 3 grams or more of cocaine/heroine/methamphetamine in St. Louis County and sentenced to 68 months.