Albert Lea couple charged for drug sales
Published 4:33 pm Wednesday, December 16, 2009
An Albert Lea husband and wife were charged in Freeborn County District Court on Wednesday with at least seven drug sale charges each, for allegedly selling morphine tablets to a Drug Task Force informant starting in August.
Kelvin and Kathy Attig each face one second-degree narcotic drug sales charge for allegedly selling more than 10 grams of morphine over a series of days.
Kelvin Attig, 49, is also charged with eight third-degree drug sales charges related to the alleged morphine sales and one fifth-degree marijuana sales charge. His morphine charges are allegedly from seven separate dates in August and one in October, according to court records. The marijuana charge is from a reported incident in August where Kelvin Attig reportedly sold 10.4 grams of marijuana to the agent.
Kathy Attig, 46, additionally faces six third-degree drug sales charges related to alleged morphine sales on six dates in August, court records state.
Several of the dates overlap for the couple.
The criminal complaints against the pair filed in Freeborn County District Court state that each time a sale occurred, the tablets generally sold for $15 each. In the October incident, Kelvin Attig reportedly sold five tablets for $20 each. Up to 10 tablets were sold at each sale.
Some of the sales allegedly took place at the couple’s residence at 408 Oregon St., while others were in the Nelson’s Market Place and Hardee’s parking lots, reports state.
Because Kelvin Attig has a previous felony-level controlled substance conviction and 10 years have not passed since the discharge from that sentence or the stay of that sentence, he faces stiffer penalties if found guilty on the charges.
If he is convicted of the second-degree charge, he faces maximum prison time of not less than three years nor more than 40 years and up to a $500,000 fine.
For the third-degree sales charge conviction, his penalties would be no less than two years in prison nor more than 30 years in prison and a $250,000 fine.
His fifth-degree marijuana charge carries a maximum penalty of 10 years in prison and a $20,000 fine — with a six months mandatory minimum if convicted.
Kathy Attig’s second-degree charge carries a maximum penalty of 25 years in prison and a $500,000 fine. The third-degree charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
In court on Wednesday, Freeborn County District Court Judge Steve Schwab approved a $75,000 unconditional bail for Kelvin and Kathy Attig’s on the drug charges.
Schwab also approved a $30,000 conditional bail for Kelvin Attig in his file with the drug charges. Conditions include contacting probation, not leaving Minnesota without prior court approval, not using alcohol or controlled substances, not possessing alcohol or drugs, performing random testing, remaining law abiding, not entering bars or liquor stores and signing a waiver of extradition.
The judge approved a $3,000 conditional bail for Kathy Attig for the drug sales charges with the same conditions as her husband.
For the file with the marijuana sales charge, Schwab approved a $15,000 unconditional bail and a $5,000 conditional bail.
The couple is next scheduled to appear in court Dec. 28.