The Daily Dispatch

After three hours of deliberation a six member jury found Lawrence James Zajac guilty of causing injury to a highway.

Southeast District Court Judge Daniel Narum sentenced Zajac with a deferred imposition for a period of one year, 30 days in jail, all suspended, and $750 in fines. A restitution fee amount has yet to be determined.

The two day trial took place at the Richland County Courthouse with States Attorney Warren Stokes as prosecuting attorney for the state. Mark Meyer was Zajac's defense attorney.

In June 2007, Zajac was accused of cutting a Belford township road in Richland County due to flood waters threatening his property. At that time he was arrested and charged for injury to a highway. Under North Dakota Century Code, no one is to cut any road in the county without proper permission from "the person or governing body having jurisdiction and control thereof."

After the verdict was given Zajac had the opportunity to speak on his own behalf.

Zajac said if he had known cutting the road would have caused such a big problem he would have made a different choice - although he didn't know what that would have been.

"I didn't mean to cause any harm to anybody, which I don't think I did," Zajac said.

Ray Zajac, brother to Lawrence, also expressed his feelings of disapproval after adjournment of the trial.

"The verdict was you can't cut a road to save your property or a life," Ray Zajac said.

Much of Meyer's defense was that Zajac's act of cutting the road was a practical one —to save his own life and save his property.

"The jury really had no opportunity to find that he [Zajac] was justified or excused in cutting the road," Meyer said.

What Meyer found interesting was the length of time the jury took to reach a verdict.

"There must have been some kind of struggle within the jury," Meyer said.

Around 12:20 p.m. Thursday, just over an hour after they went into deliberation, the jury sent a message to Judge Narum wanting to read a written statement to the court on their verdict. Narum declined their request.

"That to me was also an indication that they were having a struggle there," Meyer said. "A difference of opinion I'd say."

However, when members of the jury were polled after the verdict was announced, all said yes they agreed with it.

Stokes said by finding Zajac guilty, the jury sent a message to people in the county.

"Road cutting laws will be enforced in Richland County," Stokes said. "I think that was their message."

Much of Stokes' closing argument was conveying to the jury that North Dakota Century Code 24-12-01, Injury to highways, does not allow for any exceptions. It clearly states it is unlawful to cut a road without proper permission and Stokes said testimony indicated that Zajac did not have that.

"What you have in your hands is what the court says is the law," Stokes said to the jury. "There's no exceptions that are given to you in that statute."

In response to Meyer's defense - that Zajac was protecting himself from bodily harm - Stokes said Zajac was the only one who could have put himself at risk.

Zajac must file within 60 days an appeal of his restitution fee, otherwise pay the total amount in fines by Dec. 31, 2008. Meyer said Zajac has the option to appeal the judge's ruling, and they are currently considering that action.

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