Ellendale mayor appears in court for first time

Published 9:00 am Sunday, August 24, 2014

By Al Strain, Owatonna People’s Press

OWATONNA — The mayor of Ellendale appeared in court for the first time Monday afternoon to face charges of stealing money from the local American Legion Post’s veterans memorial fund.

Roger Swearingen, 67, was in court facing three theft charges — one gross misdemeanor and two misdemeanor — after authorities allege he had been taking money from the city’s veterans memorial fund from October 2012 to February of this year.

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The alleged offenses reportedly began just about one month before the people of Ellendale elected Swearingen to serve as the city’s mayor in a race in which he was unopposed.

According to the complaint filed in Steele County in July, Swearingen withdrew money from the memorial fund to purchase bricks for the memorial, though receipts from the brick supplier didn’t match the withdrawal amounts.

Swearingen told investigators that he had used some money to pay for gas and also paid himself a wage — an action he took without consulting anyone — for cleaning up the memorial. He did not provide receipts for travel expenses or record his time cleaning the memorial, according to the complaint.

Swearingen’s attorney, Daryl Bail, entered a provisional not guilty plea during Monday’s hearing in front of Steele County District Court Judge Joseph Bueltel.

Bail will decide if he will make any pre-trial motions. If there are none, the next step in the process will be a settlement conference, followed by a jury trial.

Swearingen was conditionally released on his own recognizance following the hearing. Bueltel ordered that he must complete the booking process of being fingerprinted and photographed at the Steele County Detention Center. Swearingen was also ordered to have no financial dealing with the veterans memorial fund.

For an unconditional release, Bueltel ordered a $6,000 bail for the case, which Bail argued against and said was uncalled for. Other than identifying himself to Bueltel, Swearigen’s only comments in open court came when he thanked Bueltel at the closing of the hearing.

Swearingen has filed his candidacy to seek re-election as the city’s mayor. He is challenged in that race by Mark Skroch.