News

Mundt pleads not guilty

By Scott Wagar

04/30/2013

The man accused of shooting and killing Jessie Kirk of Westhope was in District Court for his preliminary hearing Monday afternoon and made the decision to take the charge against him to a jury trial.

Tim Mundt, 49, of Westhope, who was arrested in early February and charged with the murder of Kirk, went before Northeast District Judge Michael Sturdevant Monday afternoon with his court appointed attorney, Bill Hartl, and waived his right to a preliminary hearing and pleaded not guilty to the charge against him.

Hartl stated that he had spoken with Mundt and described what a preliminary hearing is, and what it is not, and that Mundt wanted to waive his rights to the hearing and plead not guilty.  

Sturdevant, to make sure Mundt understood what he was doing, explained to Mundt that a preliminary hearing is to determine whether or not there is enough evidence to have a trial against an individual who is accused of a crime and asked Mundt if he understood what he just explained.

Mundt stated that he did and still wanted to waive his rights and plead not guilty.

Sturdevant then ordered a jury trial to be set for the fall of 2013 with the start of the jury being chosen for the trial beginning Monday morning, Oct. 21, if the attorneys’ schedules allowed it.

Sturdevant also stated that the only difference in court records since Mundt’s last court appearance was a listing of the witnesses involved in the case. The court document listed the witnesses as Craig Zachmeier, Allen Kluth, Dale Maixner, Steven Watson, Brett Naill, Jeremy Toftland, Sean Murphy, Tim Klabo, Jonathan Tofteland, Michael Nero, William Massello, Cindy Kirk, Gail Kirk, Mariella Kirk, Kristi Palmer, Janelle Portscheller and Amber J. Moch.

According to Bottineau County’s States Attorney, Swain Benson, Kirk was shot and killed by a rifle. However, little else is being released about the case at this time.

Mundt’s murder charge is a Class AA Felony, which carries a maximum sentence of life in prison without parole if found guilty.