Orf pleads not guiltyA Dickinson man charged in connection to a Dunn County shooting pleaded not guilty at his preliminary hearing Monday.
By: Ashley Martin, The Dickinson Press
A Dickinson man charged in connection to a Dunn County shooting pleaded not guilty at his preliminary hearing Monday.
Benjamin Orf has been charged in Stark County for being a felon in possession of a firearm. The charge is connected to the March shooting of 49-year-old Neal Douglas Matejovsky of Dickinson.
Orf was reportedly Matejovsky’s stepson at one time.
Matejovsky’s body was found in Dunn County on April 10. He had reportedly died of gunshot wounds.
Shane Miller, a 39-year-old Texas man, has been charged with murdering Matejovsky.
The murder weapon was reportedly a .45 caliber pistol. Orf allegedly told police he owned a pistol while being questioned about the murder, said Dickinson Police Detective Kylan Klauzer at Monday’s hearing.
Orf allegedly said Miller left Dickinson with his black Taurus .45 caliber semi-automatic pistol, along with his car. However, Orf’s pistol was reportedly never recovered.
Kevin McCabe, Orf’s attorney, said there is no proof Orf had a firearm in his possession.
“You can’t possess something that doesn’t exist and there’s no proof that this gun exists,” McCabe said, adding he thought charges should be dismissed.
Southwest District Judge William Herauf found probable cause to continue with further hearings on the matter.
Miller is being held at Dickinson’s Southwest Multi County Correction Center and Orf is being held at the Burleigh County Detention Center.
McCabe asked Herauf if Orf could be transferred to Stark County, or if Orf’s $50,000 bond could be decreased so he can visit his family.
Tom Henning, Stark County state’s attorney, said the arrangement is to keep Miller and Orf apart.
“Our information is he (Miller) was making threats towards this individual (Orf),” Henning said. “I would suggest that the court leave the matter as is.”
Herauf ruled Orf’s bond remain at $50,000 and that Orf remain at the Burleigh County Detention Center.
At Miller’s preliminary hearing in July, Klauzer said Orf allegedly stabbed Matejovsky after Miller had killed him. Orf has not been charged for those allegations.
However, Ross Sundeen, Dunn County State’s Attorney, said more charges will be filed against Orf.
“I think what we’ll probably do is charge him with conspiracy to commit murder, a AA felony,” Sundeen said.
He hopes to have the charge filed within a month or two.
“We want to make sure our investigation is complete and I’m actually waiting for some information to come back from the state crime lab,” Sundeen said.