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Couple facing felony drug charges

FAIRMONT — A Fairmont man and a Winnebago woman are facing multiple felony charges in Martin County.

Levi Scott Thate, 30, and Jaime Lynn Fiacco, 22, have both been charged with two counts each of drug possession in the fifth degree, which carries a maximum penalty of five years in prison and a $10,000 fine.

In addition, Fiacco has been charged with aiding an offender to avoid arrest, which carries a maximum penalty of three years in prison and a $5,000 fine.

According to the complaint:

On the night of June 17, after an earlier call involving Fiacco, a man presumed to be Thate and another man, Fairmont police officers went to the Walmart parking lot and located a vehicle registered to Thate, and were advised that Thate had two active warrants for his arrest.

Officers checked the store surveillance and discovered the vehicle had pulled into the Walmart lot shortly after they had cleared the previous call. They observed two individuals exit the vehicle, recognizing one as Fiacco, and observed that the male party appeared to be Thate. Surveillance showed the driver exit the store a short time later.

An officer walked to the vehicle to see if there were any occupants, and found no one inside. As the officer looked inside, he observed an open small black baggie that contained clear plastic baggies and what appeared to be a green leafy substance inside another rolled-up baggie. Officers also could observe another baggie containing a small crystal-like rock substance.

To ensure evidence would not be destroyed or tampered with, the officers called for a tow of the vehicle. During this time, they were advised that Fiacco was on gross misdemeanor probation for controlled substance possession.

Fiacco appeared on scene and asked why the vehicle was being towed, so she could tell her boyfriend, and the officer advised it was not her vehicle and that he needed to speak with her boyfriend to tell him where the vehicle was being towed.

The vehicle was towed to impound, and a Faribault County deputy arrived with a K9 unit, who completed a sniff of the vehicle. The K9 indicated the front passenger side door and the trunk area.

The officer then spoke to Fiacco at the Martin County jail, where she was advised of her rights and indicated she understood.

When asked who the driver of the vehicle was earlier that night, Fiacco said it was her boyfriend, and that she walked to Walmart after speaking with police at the previous encounter.

The officer asked why she was seen on surveillance arriving in a vehicle, and again she said she had walked. When shown a still-frame photo of the male party she exited the vehicle with, she said she did not know who he was and that it was not her boyfriend. When asked again if she went to Walmart with anyone, she said she did not remember and continued to say she did not walk in with anyone.

When advised that it appeared there was a baggie of meth in the vehicle, she said she did not know. When asked about the father of her unborn child, she said, “I don’t know. Haven’t had the baby yet.”

The officer explained the penalty for aiding an offender in Minnesota and she said, “I’m not a snitch, just give me the penalty.”

Fiacco then began to cry and the officer advised her he knew Thate had gotten into a domestic dispute with her some time ago. He asked if that dispute was at her house and she nodded her head that it was. The officer asked if Thate lives with her and she again nodded her head yes. The officer asked Fiacco if Thate is the father of her child and she said “yes” quietly and appeared to nod her head affirmatively.

The officer again showed her the picture of the male party and asked if it was Thate and she said, “I’m sorry, I can’t.”

On June 18, the officer drafted a search warrant for the vehicle, which was then executed. Discovered was a camouflage ballistic vest, baggies containing meth and marijuana, seven pills identified as a schedule IV controlled substance, a digital scale, a Minnesota instruction permit belonging to Fiacco, a business card of Fiacco’s probation agent, other drug paraphernalia and a letter written to “Levi.”

Thate later called dispatch asking to speak to an officer regarding his vehicle. An officer spoke with Thate and advised him a K9 had alerted to the presence of narcotics and it had been towed to impound. Thate claimed to be in Sioux Falls. The officer informed him he was observed at Walmart that evening, but Thate denied being in Fairmont.

Thate has a current warrant out for his arrest in a felony matter.

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