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Man convicted in Proctor homicide will get new trial


 

Man convicted in Proctor

homicide will get new trial

The Minnesota Court of Appeals has ruled that a man convicted of a murder in Proctor should have a new trial.

A jury in Duluth found Paul David Welle, Elk River, guilty of homicide in the 2011 death of Dale Anderson, of Blaine.  Anderson died after he and Welle got into a fight outside of the Powerhouse Bar and Grill in Proctor.

Welle found guilty on Sept. 26, 2012  after a seven day trial, and three hours of deliberations.  He was charged with first degree manslaughter and murder in the second degree in the Nov. 6, 2011 death of  Anderson, 60.  Judge Mark Munger vacated the manslaughter charge because it was a lesser charge.

Judge Munger sent Welle, then 34, to prison for 216 months - 18 years.   Welle refused a plea bargain that would have had him out of prison in 81-months. 

Welle has 38 criminal and traffic cases on record that include five assaults including one with with substantial bodily harm, and one for domestic assault.  At the time of the court case Welle had another domestic assault still pending , theft by check and forging checks.  They span six counties in Minnesota beginning in 1997.  The murder conviction makes it seven counties.

The Appellate Court says evidence of Welle’s past assault cases was incorrectly used at trial, ruling it was unfairly prejudicial to him.

The Minnesota Attorney General’s Office handled the appeal and will decide whether to ask the state’s Supreme Court to review the case.


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