Villard man convicted of possession of a controlled substance, obstruction

On Aug. 13, Jason Roger Nyberg, 35, Villard, was convicted of one count each of felony possession of a  controlled substance and gross misdemeanor obstructing legal process with force.

On Dec. 14, 2013, several Little Falls police officers responded to a call of possible shoplifting at the Little Falls Walmart Store.

A male (Nyberg) and a female were seen at the register when officers arrived and the male appeared nervous. When finished with their transaction, they began to exit the store.

Walmart personnel told an officer that the two leaving were suspects in the shoplifting. When they reached the doors, the theft alarms were activated.

The officer investigated and asked the two suspects to produce identification.

Nyberg’s identification came back showing he was incarcerated. The officer asked dispatch to contact the Bureau of Criminal Apprehension and the Department of Corrections to ascertain what was going on.

Nyberg told the officer he had been released from prison about two months earlier.

While the woman’s bag had a hidden sensor which had set off the alarms, she had paid for the bag. Nyberg was detained until more information could be obtained about his status.

Dispatch later told the officers Nyberg was a predatory offender and was out of compliance because his current address was not on record.

Nyberg said he had listed his current address when he was released from prison. He provided an address and phone number to the officers and both parties were able to leave.

Before Nyberg and the woman drove away, dispatch contacted the officer and told him to detain the suspect. Nyberg was asked to come back to the store and fill out appropriate registration forms.

Nyberg said he needed to use the bathroom. The officer went with him and when they returned, he saw a plastic bag with a white substance inside it on the floor which had not been there before.

Nyberg was told he would not be able to leave the store until surveillance footage was seen.

Nyberg sat down on a bench for a few minutes, then ran to his left toward the entrance. When told to stop, Nyberg ignored the officer. The officer and the suspect struggled and the officer suffered a knee injury. Another officer arrived and put handcuffs on Nyberg.

Nyberg continued to struggle and said he was going to beat up the officer.

Surveillance showed that the bag had fallen out of Nyberg’s pants as he walked to the bathroom.

Nyberg was sentenced to 92 months in prison for the felony and 365 days in jail with credit for the 215 days already served for the gross misdemeanor. The two sentences will be served concurrently. He was fined $135.

Dismissed against Nyberg was one felony count of assaulting a peace officer. Assistant District Attorney Mike Chisum said the charge was dismissed because he pleaded guilty to the two other charges.