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ND Supreme Court upholds officer's conviction

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Bismarck, N.D. (AP) North Dakota's Supreme Court has upheld the conviction of a former Grand Forks police officer who forced a man to stand outside in subzero cold without a coat, hat or gloves.

David O'Toole was sentenced to 40 hours of community service and two years probation on a misdemeanor reckless endangerment charge.

James Hickman, of East Grand Forks, Minn., was riding in a pickup truck when it was stopped for speeding in February 2008.

Hickman was ordered to get out of the truck while police checked a warrant for its driver.

O'Toole refused to let Hickman sit in his car while the warrant was being checked. He sent an electronic message to another officer, Eric Straus, that said: "That's right, make him freeze." Hickman suffered frostbite on his ears and needed medical attention afterward.

O'Toole was fired from the Grand Forks police force. Straus resigned.

(Copyright 2009 by The Associated Press. All Rights Reserved.) APNP 10-13-09 1707CDT | save this article / add to your favorites list
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