Becker County Attorney Brian McDonald added a second burglary charge Monday against state Sen. Nicole Mitchell focusing on items she had with her when police encountered her in her stepmother’s home in April 2024 in Detroit Lakes.
Local law enforcement arrested Mitchell after she was found in her stepmother’s home in the early hours of April 22. According to court documents, the Woodbury DFLer told law enforcement she was there to retrieve items belonging to her late father.
Originally charged with first degree burglary, the new charge is a count of “possession of burglary or theft tools.” Court filings indicate Mitchell was in possession of a flashlight and a blue crowbar at the time of her arrest.
Both charges are felonies. If convicted the DFL senator could face prison.
Mitchell’s case was supposed to go to trial in late January, but her defense team invoked a Minnesota law saying lawmakers cannot be required to attend court proceedings during a legislative session. That delayed Mitchell’s case until June and possibly later, depending on when the 2025 session wraps.
The new complaint includes more details about her alleged interaction with police. It says Mitchell told an officer “I’m just hoping this mistake won’t completely fup my life” and that she voiced alarm about affecting her military retirement.
Mitchell has said it was a misunderstanding and has pleaded not guilty. She and her stepmother hadn’t been speaking in the month leading up to the incident.
Bruce Ringstrom Jr., one of Mitchell’s attorneys, said the new charge is different enough that she might have to have a new arraignment.
“It also means that she is entitled to a new omnibus hearing,” Ringstrom said in an email. He said the reasons for the new charge and the effect of it aren’t clear.
An ethics hearing in the Senate is on hold pending the resolution of the criminal case and efforts to force her from the Senate haven’t advanced.
News of the new charge drew a sharp response from Senate Republicans.
“The circus surrounding the Senate needs to stop,” said Senate Minority Leader Mark Johnson, R-East Grand Forks. “We have real business to attend to: balancing a budget, addressing fraud, and putting Minnesotans first. Senate Democrats need to demonstrate that they are serious about solving problems in a bipartisan manner and do the right thing: end the sideshow and let the voters pick a new senator.”