DETROIT LAKES — Duane John Kueber, 37, of rural Frazee has been sentenced in Becker County District Court for theft.
According to court records, on April 12, 2021, Kueber – while an employee at Wolf Lake Liquor Store – stole electronic pull tab money from the Wolf Lake Lions Club after his shift.
Video footage at the store showed Kueber pocketing money while he was counting the electronic pull tab money at the end of his shift.
The surveillance footage showed multiple instances of Kueber taking money from the charitable gambling electronic pull tab money.
He was fired from the liquor store and the termination letter stated the reason was due to theft from the store and the Wolf Lake Lions gambling pull tabs. When told that he was going to be fired, Kueber stated, “I figured so.”
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The deposit count that was supposed to be collected was $1,355.30. The actual collected deposit was $126. The count was short by $1,229.30, according to the criminal complaint.
A Becker County jury found him guilty of felony theft on Jan. 21, 2022, but he was sentenced for misdemeanor theft instead.
That’s because on the verdict sheet, the jury had checked “no” after the question: “Was the total value of the property taken in all the acts more than $1,000?” Over $1,000 is required for the theft to be considered a felony.
The jury had crossed out “no” and changed its answer the same day to “yes,” but “the state’s position regarding disposition of this case is that since the verdict form showed a verdict of guilty as to the theft charge, but answered no to the question on felony theft amount, this file should be sentenced as a misdemeanor theft,” according to a court document filed by the Becker County Attorney’s Office.
Accordingly, on May 9, Kueber was sentenced to 90 days in jail, stayed one year. He was ordered to pay a $50 fine and $125 in court fees, and was placed on unsupervised probation for one year.
A restitution hearing is set for July 13.
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