A Wahpeton man is facing felony and misdemeanor charges related to a Sunday, April 18 incident in the city.
Dana Ray Wallner, 41, had his initial appearance Tuesday, April 20 before Richland County District Court. He has been charged with one count of burglary, a class B-level felony, and one count of second or subsequent offense domestic violence-bodily injury, a class A-level misdemeanor.
Information in a criminal complaint came from an investigation by the Wahpeton Police Department as well as the victim’s statement and an eyewitness’ statement.
Wallner allegedly willfully entered or surreptitiously remained in a building or occupied structure, or a separately secured or occupied portion thereof, when at the time the premises were not open to the public and he was not licensed, invited or otherwise privileged to enter or remain.
Wallner also allegedly entered or remained with intent to commit a crime therein, and in effecting entry or while in the premises or in immediate flight therefore, inflicted or attempted to inflict bodily injury or physical restraint on another, or menaced another with imminent serious bodily injury.
Law enforcement was called to a Wahpeton apartment on Sunday, according to court documents. They were responding to a report of Wallner allegedly kicking in a door. Both the victim and a third party saw Wallner, who reportedly immediately went after the victim, then the third party.
“The defendant later told law enforcement he entered the apartment to get his cell phone,” documents state. “A neighbor saw the defendant pounding on the windows of (the) apartment, yelling and then throwing himself into the door of the apartment and entering.”
Wallner, according to documents, had been served a notice of trespass for the property. He has a prior conviction for domestic violence in 2017.
Attorney Don Krassin has been retained for Wallner’s defense, court records state. Richland County Assistant State’s Attorney Casey Moen represents the state of North Dakota. Judge Bradley Cruff presides. Bail conditions were determined during the initial appearance.
The maximum penalty for a class B felony is 10 years imprisonment, a $20,000 fine, or both. The maximum penalty for a class A misdemeanor is 360 days imprisonment, a $3,000 fine, or both.
Wallner was confined in the Richland County Jail as of Wednesday, April 21.