Democrat Assistant Senate Leader Indicted - Faces 10 Years in Prison

From Today's Associated Press - In Case You Missed it

State senator, former Minnewaukan mayor faces felony charges
The Associated Press
Tuesday, November 21, 2006

A state senator and former mayor of Minnewaukan faces felony charges involving his use of two city pickups, a matter he says caused the community no harm.

Authorities said Mike Every bought the trucks in 2004 and 2005 as surplus government property for city use. He is accused of using the trucks as personal vehicles while serving as mayor.

Every said Tuesday that the matter was partially the result of a misunderstanding, but added "I might have made some mistakes." He did not elaborate, but said he wanted to resolve the matter quickly.

"I had hoped that the issue was resolved. I assumed that it was resolved. Apparently, the Burleigh County state's attorney doesn't think that it is," Every said.

Assistant State's Attorney Brandi Sasse Russell said officials with the federal Office of Inspector General who investigated the case turned it over to her office in late October.

Assistant U.S. Attorney Lynn Jordheim said such theft charges generally are left to state courts to prosecute, and that there is "no directly corresponding federal law that equates to the state law he's charged with."

Every, who resigned as mayor in May 2005 amid questions about the pickups, is charged with two Class C felony counts of theft of property and one misdemeanor count of fraudulent application for certificate of title. If convicted on the two felony counts, he would face up to 10 years in prison and $10,000 in fines.

Minnewaukan is in Benson County, near Devils Lake. Every was charged in Burleigh County because that is where he bought the two 1988 pickups for $500 each, and where the state Department of Transportation is located, Sasse Russell said.

The sale terms specified the trucks initially had to be used by a government agency, not as personal vehicles, authorities said.

The Minnewaukan City Council voted to turn the trucks over to the state, and officials last year said the vehicles were transferred to the Devils Lake Basin Joint Water Resource Board.

"The pickups were given back, the city did not lose any money," Every said.
He said he intends to cooperate with authorities. "Hopefully we'll get it resolved as quickly as we can," he said.

Every, who was elected to the state Senate in 2000, decided earlier this year not to run for re-election, citing a new job and family obligations. He was the Senate's Democratic assistant minority leader in the last two sessions of the Legislature. He currently is managing a Devils Lake restaurant.

Every also was the Democratic candidate for state tax commissioner in 2004. He stopped campaigning after disclosures that he had been late in making child support payments from his first marriage, and he lost to incumbent Republican Rick Clayburgh.