A Minot man appearing in Municipal Court Thursday was found guilty of disorderly conduct as defined in the city’s Code of Ordinances. The ruling was handed down by Judge Ashley Beall following testimony of the accused, the victim and Minot police.

The issue before the court stemmed from an incident that occurred during the early evening hours on September 18, 2018. Police were responding to a call of a man and woman who appeared to be fighting at a residence in the southwest part of the city.

Upon arriving at the scene, police were told by the owner of the residence that he was involved in an altercation at the residence and that he, the owner, had to defend himself. Approximately 90 minutes later police were called to Trinity Hospital where a man being treated there requested to report an assault.

According to an affidavit filed with the court, Reginald Coleman told police that Richard Vogel, 59, Minot, pushed his face into his car, shoved a car door on Coleman’s leg and used a baseball bat to threaten him. Coleman also alleged that Vogel used a racial slur during the confrontation, a contention Vogel denied in court. Through an interpreter, Coleman told the court that he “drove over the grass to get away” from Vogel and that he was “afraid of being hit and didn’t want to fight.”

Sgt. Jarod Foley, Minot Police, testified that Vogel was “inebriated, smelled of alcohol and had slurred speech” at the time of the incident.

The city contended Vogel’s action were “clearly disorderly conduct.” Judge Beall agreed, telling Vogel during sentencing that “you can’t take after someone” and that Vogel “engaged in disorderly conduct.” Beall told Vogel that he should have called police and let them handle the situation.

Vogel was ordered to pay $125 in fines and court fees, sentenced to 1 year unsupervised probation, ordered to have no contact for 350 days with the victim and to undergo a chemical evaluation. In addition, restitution was left open in the event that Coleman submits proof of medical costs associated with the incident.

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Disorderly conduct

No person shall with intent to harass, annoy or alarm another person or in reckless disregard of the fact that another person is harassed, annoyed, or alarmed by his behavior:

1 – Engage in fighting or threatening behavior

2 – Make unreasonable noise

3 – In public use obscene language or gestures

4 – Obstruct vehicular or pedestrian traffic

5 – Persistently follow a person

6 – Solicit sexual contact

7 – Create a hazardous condition

8 – Engage in harassing conduct

Source: Minot’s Code of Ordinances