Judge finds BCI agent in contempt in payloader seizure
BISMARCK -- The North Dakota Attorney General's Office said it will appeal a Dickey County judge's order holding a state Bureau of Criminal Investigation agent in contempt of court.
BISMARCK - The North Dakota Attorney General’s Office said it will appeal a Dickey County judge’s order holding a state Bureau of Criminal Investigation agent in contempt of court.
The proposed contempt order requires BCI Special Agent Arnie Rummel and the state of North Dakota to pay the owner of a payloader seized during a search warrant more than $48,000 after giving the payloader away without the court’s permission.
BCI agents executed the search warrant on Darrell Schrum’s shop in Forbes on May 22, taking possession of a New Holland payloader they believed to be stolen, according to documents filed in Dickey County Court.
On June 4, Dickey County Judge Daniel Narum ordered the payloader to be returned to the Dickey County sheriff for safekeeping as court evidence.
In a brief filed six days later, Schrum’s attorneys alleged that Rummel had already sent the payloader away via a trucking company bound for Mexico, and refused to return it, saying it was with its rightful owner.
The brief asking the court to hold Rummel in contempt also claims the payloader wasn’t reported stolen until six weeks after Schrum bought it, and that its loss left Schrum suffering “irreparable harm.”