Drew Wrigley

The Ward County Sheriff’s Department violated open records laws when it declined to fulfill a records request filed by a former airman convicted in 2015 of leading a violent gang involved in drugs and arranging the exchange of money for sex with juveniles, according to the an Attorney General’s opinion released Friday, Dec. 5.

According to a release from the Attorney General’s office, Leon Brown IV, had filed a request with the Ward County Sheriff’s Department (WCSD) on Sept. 17, 2022, for “all records, color photos, reports, etc,” from 2018 to the present for two separate individuals. According to the release, the WCSD initially denied both requests as improper, citing an exemption in state law because the individuals were victims or witnesses of a criminal matter involving Brown.

According to a story published Feb. 7, 2015, in The Minot Daily News, Brown, who held the rank of captain before his dismissal from the Air Force, was found guilty at a general court martial in December 2014 at Minot Air Force Base of willful dereliction of duty by providing alcohol to minors; distribution of marijuana and psilocybin; use of psilocybin; two counts of sexual assault of a child under the age of 16; conduct unbecoming an officer and gentleman for organizing individuals into a violent street gang; four specifications of communicating threats; pandering and unlawful entry. He was sentenced to serve 25 years at the federal penitentiary at Leavenworth, Kansas, in February 2015.

Brown responded to the denial, and the department approved and released one set of the requested information but maintained the denial for the second.

Attorney General Drew Wrigley’s opinion examined the denial of the second set of records and determined the blanket denial was improper as the Century Code applies only to confidential or closed information, such as place of residence or employment, which he wrote could be redacted.

Wrigley concluded the WCSD had violated the Century Code by denying Brown’s request without redacting any confidential or exempt records and must provide redacted copies to Brown at no expense. Wrigley wrote any failure to remedy the situation as prescribed by Dec. 12 will result in mandatory costs, disbursements and reasonable attorney fees if the opinion prevails in a civil action, and it could result in personal liability for the person or persons responsible for the noncompliance.