NORTHFIELD, Minn. — A judge has denied a request by prosecutors to return alleged St. Olaf mass casualty plotter Waylon Kurts to Minnesota after his attorney assured her a problem with a GPS monitoring system is now fixed.
The request to revoke Kurts' release was made just one week after the conditions of his release were finalized, bail was paid by his mother and Kurts was back at the family home in Vermont while his case plays out. Prosecutors were concerned after discovering his GPS monitor, part of Kurts' release conditions, was emitting no signal.
Kurts is suspected of plotting a "mass casualty event" at the St. Olaf campus. He was charged with terroristic threats and conspiracy to commit assault and threats of violence after a custodian found empty packages for high-capacity magazines and subsequent police searches found ammunition, extended magazines, tactical gear, hand-drawn maps and combat strategies, and more.
The Vermont native comes from a high-profile family in that state. Kurts' mother is a college professor, his uncle is a lawyer and his aunt is a judge. His attorney Paul Rogosheske fought for approval from Judge Karie Anderson for Kurts to live with his family in Vermont until trial. Judge Anderson was at first hesitant until Rogosheske and Kurts' family assured her that eight or nine firearms had been removed from the Kurts residence.
According to a motion filed by Assistant County Attorney Kathryn Burbank, on Friday evening Rice County Community Corrections (RCCC) became aware the GPS signal is lost in the forested valley where the Kurst family home is located.
As a temporary solution, RCCC required Kurts to hike one mile to a high point on his father's property every hour so the monitor could connect to satellites. Then at night, Kurts would call RCCC to let them know he was going to sleep.
Rogosheske said the issue was resolved once a cellular booster was installed on the property on Tuesday, which allowed the GPS signal to connect. Still, Burbank wanted Kurts returned to Minnesota.
"The State's position is that GPS monitoring of Defendant, while he resides in Vermont, is a practical impossibility," Burbank wrote in her motion.
In addition, Burbank wrote that RCCC is trying to add exclusion zones to the monitoring system to keep Kurts from shooting ranges. There are 250 addresses within 40 miles of Kurts' home that are licensed to sell firearms, including one that abuts the parcel owned by Kurts' father, Burbank wrote.
Judge Anderson ruled in favor of allowing Kurts to stay in Vermont.
When weighing her decision on whether to allow Kurts to return to Vermont, Judge Anderson was concerned about a comment relayed by Burbank that Kurts' brother threatened to hide guns rather than turn them over to authorities.
In a sworn affidavit filed this week, Jed Kurts denied that claim.
"I was surprised and upset to hear this statement, as it is not true. I have operated in total compliance with the court's orders and shall continue to do so. It is my utmost priority to ensure the safety and compliance of my brother and our family in this trying time," Jed Kurts wrote.
In a prior hearing when arguing for his client, Rogosheske noted that St. Olaf College officials did not detain Kurts until police arrived and were able to question and arrest him. Instead, they booked Kurts an appointment with a psychologist in Edina. In his most recent court filing, Rogosheske goes into more detail.
"St. Olaf security drove him to the edge of the school property and released him. For three days, he did not violate this conditional release from the school. In fact, he even appeared for a scheduled psychological evaluation where he was arrested," Rogosheske wrote.
Court documents have made reference to an unnamed "co-conspirator," but so far Kurts is the only one who has been charged. Northfield Police say they continue to investigate.
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