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Man faces burglary, assault charges

By Staff | Dec 9, 2012

Faribault County authorities confiscated a loaded rifle with seven rounds and fixed long-blade knife after responding to a fight at an Elmore residence on Dec. 1.

Derek James Shumski, 29, of Granada faces six felony charges and three misdemeanors.

He made his first court appearance in Faribault County District Court on Monday.

Judge Douglas Richards, at the request of County Attorney Troy Timmerman, set bail at a $105,000 surety bond.

Shumski told Richards he plans to hire an attorney.

He faces first-degree burglary of a dwelling; first-degree burglary with a dangerous weapon; two counts of first-degree assault while committing a burglary.

All charges carry a maximum penalty of 20 years in prison and a $35,000 fine.

Shumski also was charged with second-degree assault with a dangerous weapon and making terroristic threats.

The assault charge has a maximum penalty of seven years in prison and a $14,000 fine, while making terroristic threats is five years and a $10,000 fine.

The three misdemeanor charges, which have a maximum penalty of 90 days and a $1,000 fine, are domestic assault; fifth-degree assault; and unlawful transportation of a loaded and uncased rifle.

According to a press release from the sheriff’s office, deputies received a report of a fight involving a weapon around 5:46 a.m.

A court complaint says the male caller told authorities that Shumski broke into his house and grabbed him around the neck.

The man told the dispatcher he was able to escape, but a woman was still inside with Shumski and he had either a knife or a gun in his back pocket.

When deputies arrived on the scene, they found the door to the house had been kicked in and two people had been assaulted.

Deputy Pat Campbell saw a female with blood coming from her mouth and nose standing at the edge of the driveway and Shumski standing next to a car.

While Campbell was talking with Shumski, he reportedly asked authorities if he could get something out of his vehicle.

Chief Deputy Scott Adams asked Shumski what he needed and saw through the window an uncased gun and a straight-blade knife lying on the back seat.

The complaint says the knife matched the victims’ description of the one used in the assault.

At that point, Shumski was placed under arrest.

The woman told authorities she was hanging out at her friend’s house when Shumski called her and asked where she was and said he was going to find her.

She says Shumski came to the house, kicked the door in and got into a fight with her friend.

Shumski grabbed the woman’s friend by the throat, says the complaint, but he got away and was able to call 911.

Court documents say the woman was struck several times in the head and face.

Shumski reportedly grabbed a knife tucked into the back of his pants and put it up to her neck.

The woman says Shumski told her if she tells anyone he would kill her and her family.

According to a court complaint, Shumski earlier placed harassing phone calls to the woman when she and her friend were partying at another person’s house.

If Shumski posts bail he was ordered to abstain from alcohol and non-prescribed drugs, submit to random drug testing, report address changes to court officials, may not enter a place serving alcohol, and have no direct or indirect contact with the alleged victims.

Also, a domestic abuse no contact order (DANCO) was issued and Shumski may not have contact with a child he has with the woman.

The Blue Earth Police Department also assisted at the scene.