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A Dunseith man will serve up to 6 1/2 more years in prison for multiple felonies including possession of methamphetamine with intent to deliver and aggravated assault of a Rolette County deputy while he was reportedly high on meth on Feb. 24, 2017, according to a listing on the North Dakota Courts site.
Court records show that Michael James Marion, 33, pleaded guilty on Monday to Class A felony manufacture, delivery or possession with intent to deliver methamphetamine, Class B felony escape, Class C felony aggravated assault, Class C felony attempting to disarm an officer, Class C felony prohibited possession of a firearm by a felon, and Class C felony resisting arrest.
North East District Court Judge Anthony Swain Benson sentenced Marion to 15 years in prison on the possession of meth with intent to deliver charge, with seven years suspended. He will receive credit for 503 days already served in prison. That leaves about six years and 227 days left on the sentence. Benson also sentenced him to five years for the aggravated assault charge, five years for attempting to disarm the officer, five years on the escape charge, five years on the resisting arrest charge, and five years on the charge of prohibited possession of a firearm by a felon. The sentences are concurrent with the one for possession of meth with intent to deliver. Marion will also be on supervised probation for three years. Benson has also recommended that Marion receive drug treatment while he is in prison.
According to a probable cause affidavit filed with the court and a statement made by Deputy Keith Benning, Marion fled from the deputy and the pursuit ended on an unplowed road out in the middle of the country. Marion's vehicle got stuck and Benning approached. Marion wouldn't open the door and kept reaching around in the truck. There was a loaded semiautomatic pistol on Marion's dashboard. Benning called dispatch and reported that Marion wouldn't show him his hands. Benning broke the truck window with his flashlight and ordered Marion to get out of the vehicle. Marion refused several times to comply and Benning used pepper spray on him. Benning told Marion he would give him water to wash his face with if he got out of the vehicle, but Marion refused to comply. Benning was able to get one handcuff on Marion and get his arm out the door. He finally got Marion to leave the truck and was about to get him on the ground. Marion then hit the deputy over the eye with brass knuckles and then tackled Benning to the ground. Benning broke three ribs during the incident. Marion then struck Benning in the head with the brass knuckles. Benning, afraid he would lose consciousness, drew his sidearm and intended to shoot it over his shoulder. He warned Marion that he would shoot him if Marion didn't get off him. Marion pleaded with the officer not to shoot him and then began saying he could not go back to jail. Marion grabbed the gun and tried to twist it around toward Benning. The deputy and suspect struggled over the gun, but Marion was never successful in taking the gun away from Benning; Benning maintained his grip on it at all times.
Benning managed to calm Marion and, when Marion took his hands off the gun, Benning struck backwards and hit Marion in the groin. Benning was able to move forward and get back on his feet. When Benning turned around, Marion was jogging away from him. Benning followed him and deployed his taser but Marion twisted away and broke the wires. Benning followed and kicked Marion in the knee to try to get him to slow down.
Marion also had four plastic bags containing a combined 15 grams of meth, as well as 26 empty plastic bags.
- Andrea Johnson