Frieda Elizabeth Allery, 35, made her initial appearance before Richland County District Court Tuesday, Oct. 29.
The Belcourt, North Dakota, woman is charged with one count of theft of property (possession of stolen property), a class B felony.
Through an investigation conducted by the Wahpeton Police Department, Allery is accused of knowingly disposing of, receiving or retaining the property of another, which had been stolen from another, with the intent to deprive the owner thereof.
On Dec. 20, 2018, Allery allegedly knowingly had in her possession a 2019 Ford Super Duty pickup, which was stolen from BNSF Railway and Ford Motor Company.
“(The pickup) was stolen from property owned by BNSF Railway in in Dilworth, Minnesota, as the pickup was being transported by the railroad,” court documents state. “The pickup was possessed by the railroad at that time but Ford Motor Company owns the vehicle.”
The pickup was recovered in Minnesota. When searched, paperwork belonging to Allery was found in the vehicle. The paperwork related to a court case heard in Richland County, North Dakota, on Dec. 20, 2018.
Authorities in Wahpeton were contacted and surveillance from outside the Richland County Law Enforcement Center and Richland County Courthouse were reviewed.
“Officers who were familiar with the defendant identified the defendant as driving and being in possession of the Ford Super Duty that day,” court documents continue.
No one from BNSF or Ford Motor Company gave Allery permission to use or possess the vehicle at any time, documents state. The vehicle’s value is $49,525.
Judge Bradley Cruff set Allery’s bond at $5,000 cash or surety.
Richland County Assistant State’s Attorney Casey Moen is representing the state of North Dakota. According to Moen, Allery indicated she would apply for court-appointed council.
The maximum penalty for a class B felony is 10 years imprisonment, a $20,000 fine, or both.
A preliminary hearing has not yet been scheduled. A revocation of probation hearing was held Tuesday, Oct. 29.
On Aug. 20, 2018, Allery entered guilty pleas for five charges: class C felony child endangerment, class A misdemeanor possession of a controlled substance, class A misdemeanor possession of drug paraphernalia, class B misdemeanor possession of drug paraphernalia and class B misdemeanor possession of a Schedule II controlled substance.
Judge Cruff ordered Allery be sentenced to the Richland County Jail for a period of 75 days, giving credit for 75 days already served, followed by two years of probation.
The probation was revoked on Nov. 26, 2018, when Allery was re-sentenced to 120 days in the Richland County Jail, given credit for 120 days already served, and placed on supervised probation for two years, effective Aug. 20, 2019.
A petition for revocation of Allery’s probation is based on 10 allegations. They are:
• being charged with class B theft of property (possession of stolen property)
• being charged in Turtle Mountain Tribal Court, Belcourt, with dealing in stolen property, fleeing and contempt of court
• failure to immediately inform her probation officer of changes in her residence, employment or other pertinent activities
• being convicted in Minnesota in December 2018 on a felony charge of receiving stolen property
• being convicted in Minnesota in December 2018 of attempted theft
• failure to work faithfully at suitable employment
• failure to follow agreed to community constraints and conditions
• failure to obtain a diagnostic assessment through Southeast Human Service Center
• failure to pay $55 per month during the supervision period; Allery currently owes $495
• failure to pay financial obligations ordered; Allery currently owes $120
Allery is currently confined in the Richland County Jail.