Zajac found guilty of cutting road

By Erin C. Hevern, Daily News
Published/Last Modified on Monday, July 7, 2008 7:45 AM CDT

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.

The Bagg Bonanza Farm Fourth of July celebration was once again a huge hit. Visitors had many events to enjoy including music by the Sheri Duo Band and the Al Mikesh Band, magic by Jeff Salveson, tours of the main house and games for the kids. Above, Cheryl and Ethan Klosterman get a ride in an old time truck from volunteer Terry Marohl. The truck was Mooreton’s first fire truck and was remodeled for the Bagg Farm. Daily News photo by Anna Jauhola.

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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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Comments

    Veronica A wrote on Jun 19, 2009 10:12 AM:

    " I used to go this schoool and its a very good school and I really like and miss it but i have moved on and now and a better person but I really liked that school and I hope it lasts for ever!!!!!! Class of 05-06 "

    Marie wrote on Aug 6, 2008 12:27 PM:

    " Mr Smith owes the Geffres an apology? How about the Geffres apologize to the community of Hankinson. In two short years that family has torn apart a school, a community, family and friends. They have showed no respect for Hankinson. Hankinson is not their community! It's time for the Geffres to move on. "

    MARY wrote on Aug 5, 2008 11:53 AM:

    " AFTER ALL IS SAID AND DONE, I THINK OUR SUPERINTENDENT JESS SMITH OWES THE GEFFRE FAMILY A PUBLIC APOLOGY FOR SOME OF HIS COMMENTS TO THE PRESS. AFTER ALL, HE VICTIMIZED THEM PUBLICLY. IT ISN'T LIKE HE'S TOO BUSY PROTECTING OUR CHILDREN! "

    Ben wrote on Jul 30, 2008 12:21 AM:

    " I think he resigned because he knew that people would find out the truth if that meeting took place.....how come after all the media he hyped up to make the Geffres llok bad, did he change his mind and resign?....in my opinion he did it to save his own skin "

    Vern wrote on Jul 28, 2008 9:37 PM:

    " I agree with the previous poster that this was not about the girls getting playing time. He should probably not be allowed to teach at any age level ever again. "

    Kaye wrote on Jul 27, 2008 8:33 PM:

    " There is more to this than just the Geffre's complaints and Jess Smith knows it, why doesn't he just come clean about everything and all complaints there has been on Gravalin in the past three years,he has been covering up and sweeping under the rug so to speak. This isn't just about parents that didn't think their girls got to play enough. Shouldn't the first duty of his position be to protect our children. "


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