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Emily Welker, Published July 29 2013

Prosecutor plans to seek jail time for ex-Bison players in election fraud case

FARGO – A Cass County prosecutor said she will seek jail time for three former North Dakota State University Bison football players who are accused of skipping out on their court-ordered community service.

One of the three, Don Carter, of Fargo, appeared in Cass County District Court on a bench warrant Monday for failure to appear on a previous order to show cause hearing.

Carter, 21, is accused with Aireal Boyd and D.J. McNorton, of failing to complete the 50 hours of community service each was sentenced to after pleading guilty to Class A misdemeanor petition fraud. An arrest warrant was issued for Boyd on July 17, and another issued for McNorton in May.

Carter told Judge Frank Racek on Monday that he had not been in Fargo often enough to complete his sentence by the court’s deadline because he was traveling between here and Baltimore for his mother’s medical issues.

Racek set Carter’s next court appearance for Aug. 19. Bail was set at $400.

Cass County prosecutor Cherie Clark said last week she plans to ask the court for jail time for the men. A deferred imposition would have allowed the charge to be removed from the men’s public record upon successful completion of probation, if they committed no other criminal offenses in the meantime.

The three men pleaded guilty, along with 12 other people, to forging signatures on two petition forms last summer for state ballot initiatives.

All were sentenced to a deferred imposition of sentence, 360 days of unsupervised probation, 50 hours of community service and a fine of $325 or $350.

Readers can reach Forum reporter

Emily Welker at (701) 241-5541