Judge issues order for restitution

Local News

A judge is limiting the amount of restitution that will be paid to the parents whose son was beaten by four Blue Earth Area football teammates in October 2017.

According to court papers filed in Faribault County District Court, Dale and Tonya Hurley are seeking more than $12,500 in monetary damages.

But, Judge Michael Trushenski says the Hurleys will not be compensated for moving expenses to Nebraska totaling nearly $7,400.

“The court is not allowing some of the losses, it’s only those for loss wages and travel to and from court hearings,” says LaMar Piper, assistant Faribault County Attorney.

On May 17, a restitution hearing was held for 19-year-old Dalton Lee Nagel of Blue Earth.

Nagel, who is on probation for pleading guilty to aiding and abetting third-degree assault and fifth-degree criminal sexual misconduct, has been ordered to pay $2,000 within 30 days following the hearing.

Dale Hurley says his family was forced to leave Blue Earth because they were being intimidated.

“We had to move so it was safe for our son and he could get an education,” he says. “The only thing they (school officials) provided was schooling in another district. Why should he have to go somewhere to go to school, they should be the ones. My son did nothing wrong.”

Court documents show as many as 14 people were subpoenaed for the hearing, however, none on the potential witness list testified.

Among those who were served papers included:

  • Blue Earth Area interim Superintendent Jerry Jensen;
  • former superintendent Evan Gough;
  • former high school principal Richard Schneider;
  • head football coach Randy Kuechenmeister;
  • activities director Rob Norman;
  • Winnebago police officer Jacob Pettit;
  • UHD human resource manager Shanna Gudahl;
  • and, John and Elizabeth Schavey.

According to court papers, school district officials at one point sought legal advice from the Twin Cities law firm of Knutson, Flynn & Deans regarding the subpoenas.

In one instance, attorneys for the law firm contend that Piper violated the Minnesota Rules of Professional Conduct by contacting Jensen and Kuechenmeister without their permission.

Piper says it’s probable that restitution hearings will be held for three other teens who also pleaded guilty to various assault charges.

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