Nicholas David Kraus, 35
IN CUSTODY on probable cause Criminal Vehicular Homicide following last night's fatal crash into protesters in #UptownMpls.
Kraus has a lengthy history of DWI and driving offenses.
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Kraus has had at least two felony convictions on 1st Degree DWI.
Both felony sentences were STAYED by:
--Ramsey County Judge Salvador Rosas (appointed by Perpich, and now retired)
--Anoka County Judge Thomas M Fitzpatrick (appointed by Pawlenty)
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Kraus has at least 5 prior convictions for DWI, including the two felonies. He also has convictions for driving after cancelation, assault, obstruction, careless driving, speeding, driving without a license, plus.
As we pointed out yesterday, our system, through the sentencing guidelines, allows for STAYED sentences on many felony crimes. Meaning, offenders are allowed to continue offending after conviction - very often with eventual tragic results.
Felony DWI in MN is presumed STAYED.
By any measure, Kraus should have been imprisoned on the second felony DWI, as his criminal history score at that point would have allowed it, but Judge Thomas Fitzpatrick deviated from the prescribed sentence with a dispositional departure.
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Here's your "Did You Know" for the day.
MN offenders get "points" for convictions. Points are calculated for sentencing. Areas in gray (pic 1) are presumptive stayed sentences. A person could steal up to 10 cars under $5,000 & get 1/2 pt for each before ever going to prison.
Shooting someone often gets charged at 2nd Degree Assault. The sentence for SHOOTING SOMEONE is presumed STAYED if your score is 2 or under.
And SHOOTING SOMEONE is only worth 1 1/2 points.
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Burglary convictions are worth 1 point each. Under the grid, you could have two burglary convictions and still not go to prison (and many convictions/sentences are stayed beyond that mark).
Carjacking at gunpoint.
38xx Oakland Ave N
Loss: tan Lexus, plate contains G*M
Suspects: 2 BM wearing all black
Squad 330
09:29
***Oakland Ave S
UPDATED:
Carjacking at gunpoint.
38xx Oakland Ave S
Loss: 2015 tan Lexus RX350, plate contains GKM
Suspects: 2 BM wearing all black, thin, 20s-30s, 5'10"~, one in black hat, other in green hoodie, black pants bright turquoise boxers. Both had guns.