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Fairmont man charged with burglary

FAIRMONT — A Fairmont man is facing felony charges in Martin County.

Dayton Lee Nielsen, 22, has been charged with one count of burglary in the second degree, and one count of theft, both of which carry a maximum penalty of 10 years in prison and a $20,000 fine.

Nielsen is also charged with another count of theft that carries a maximum penalty of five years in prison and a $10,000 fine.

According to the complaint:

On Dec. 24, a Fairmont police officer spoke with a woman who advised that Nielsen, a relative, had stolen property from her house in Fairmont while her family was gone over the weekend. She explained that when she returned home, she noticed there was property scattered throughout the house.

She believed Nielsen did it, as they discovered his watch in one of the rooms. She also said Nielsen’s probation packet had been delivered Saturday, and was missing from the mail that had to be delivered.

The woman advised there was a half-eaten dessert bar and an empty quart of eggnog found in a room, and that a member of the family was missing a red piggy bank containing about $100 in change, a sweatshirt valued at $75, and 10 to 15 hydrocodone pills. Hydrocodone is a Schedule ll controlled substance.

The woman advised the officer that Nielsen does not live at the residence, has no property at the residence and is not allowed in the residence. She advised that Nielsen does not have a key and that she knew the house to be locked when they left for the weekend. Multiple other items were also missing from the residence including articles of clothing, cash, gift cards and miscellaneous items

On Jan. 6, a Fairmont police officer was advised that Nielsen was driving his van and may be on his way to Walmart. The officer observed Nielsen’s van pull into a parking spot, containing three occupants. The officer approached the vehicle and observed a male in the back seat appear to be hiding or laying down.

The officer recognized the driver as Nielsen, who attempted to reach to the center console as the other occupants were moving around. The officer advised the occupants to keep their hands where he could see them. The occupants continued to move around and Nielsen continued to reach into the center console.

Nielsen was ordered to exit the vehicle and was detained by being placed in handcuffs. The officer patted down Nielsen for weapons and could see that the front passenger had a knife sheath on his side, attached to his belt. Another officer arrived to assist.

A search of the vehicle revealed a prescription pill bottle, identified as belonging to Nielsen’s relative. Also located were plastic baggies containing meth residue, a digital scale, a rock of meth, a meth pipe and a small torch lighter.

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