The sun 12 16 15

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WEDNESDAY, DECEMBER 16, 2015

Serving Polk County’s St. t Croix C i Valley V ll since i 1897

VOL. 118 NO. 20 www.osceolasun.com $1.00

HOLIDAY GREETINGS INSIDE

Acre-Kendall acquitted in St. Croix River stabbing

Thieves revive IRS scam

BY SUZANNE LINDGREN EDITOR@OSCEOLASUN.COM

BY SUZANNE LINDGREN EDITOR@OSCEOLASUN.COM

Levi Acre-Kendall, 20, of Cambridge, Minn. was declared not guilty of all charges of intentional and reckless homicide in the stabbing death of Peter Kelly, St. Croix Falls, at Wisconsin’s Interstate Park last April. Jurors reached their decision at about 10 a.m. Monday, the third day of deliberations. The verdict was announced an hour later. Just before the attorneys made closing arguments on Saturday, District Attorney Dan Steffen filed an amended, “lesser and included” charge of second-degree reckless homicide. Representing a less serious crime, a class D felony, the maximum sentence would be 25 years. Acre-Kendall was initially charged with one count each of second-degree intentional homicide and first-degree reckless homicide, both class B felonies for which he could serve up to 60 years.

With tax season just around the corner, con artists pretending to be the IRS seem to have renewed their efforts to con taxpayers. St. Croix Valley residents have reported calls and some have fallen victim to the scam, which starts with a phone call from someone claiming to be an employee of the IRS. The callers can sound convincing, and have been reported to use fake names, badge numbers and altered caller ID. The caller tells their target that money is owed and must be paid promptly through a prepaid debit card or wire transfer. If a target refuses to cooperate, they might be threatened with arrest or suspension of a business or driver’s license. Alternatively, victims may be told they have a refund due to try to trick them into sharing private information. Scammers have called

SUZANNE LINDGREN | THE SUN

With Levi Acre-Kendall on the stand, Polk County Investigator Rick Gearhart holds the knife used to stab Peter Kelly. Though acquitted, at press Acre-Kendall was being held on felony bail jumping charges related to tweets he posted while out on bond last spring.

In his closing statement, DA Steffen attempted to cast doubt on the accuracy of Acre-Kendall’s testimony. Although Acre-Kendall testified that he was in a headlock when he stabbed Kelly, Stef-

fen drew attention to the fact that his friends described seeing the two men in a “shoulder lock,” in which case they would have been face to face. Defense Attorney Eric Nelson reminded

the jury that, in spite of a human tendency to presume guilt, the law presumes innocence. He also reminded jurors to put themselves in Acre-Kendall’s posiSEE ACRE-KENDALL, PAGE 13

people of all income levels in almost every state. Though the scheme is a few years old, cons are innovative, according to the IRS. Some give an actual IRS address, telling the victim to mail a receipt for their payment. Others send letters or emails with official IRS letterhead replaced with the scammer’s phone number or email address for a reply. The Treasury Inspector General for Tax Administration has received reports of about 736,000 scam contacts since October 2013. Of those, nearly 4,550 victims have been swindled out of more than $23 million, collectively, as a result of the scam. And as many charities make their end of the year fundraising push, potential donors should be wary of any charity asking to them to deposit funds and send a partial refund back. In this scenario, the scammer asks their target to deposit a check and send a portion SEE SCAM, PAGE 6

Osceola brothers prove skill on the racetrack BY SUZANNE LINDGREN EDITOR@OSCEOLASUN.COM

In their first year of racing flat track cycles, Osceola’s Hastings brothers – Waylon, 9, and Wyatt, 7 – took victories in their respective divisions. Placing first in every race but one within District 23’s 65 CC class, and second in the race he didn’t win, Waylon Hastings earned 222 of a possible 225 points in the 2015 season. As described by the boys’ father, Colin Hastings, “Waylon was untouchable.” Two years younger and riding in the 50 CC class, Wyatt Hastings battled for points with fellow racer Joey Lindberg for the entire season. At the final race, which took place in Cambridge in September, Wyatt won the season-long rivalry by one point. “It feels good to bring two more championships to Osceola,” said Colin Hastings. “Both Waylon and Wyatt are Minneso-

ta state champs.” Though this was the boys’ first year racing competitively, both have been riding flat track cycles since the age of four, which accounts for some of their skill. What else is behind the Hastings’ magic? “They ran their bikes year round, constantly,” said Colin Hastings. “And mechanics play a part. … [But] it’s based more on the ability of the rider than the machine. I have Waylon on a 2004 and Wyatt on a 2005 and we were walking all over 2015 bikes.” And at this age, parents play a large role in their children’s success. “We bring them to the race,” says Hastings. “Sometimes we have to take Fridays off work, and we put their racing in front of our wants.” But the biggest factor, he says, is the kids’ own will to win. “It’s their dedication,” he says, JENNIER BRIDGES PHOTOGRAPHY

SEE RACING, PAGE 8

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Wyatt and Waylon Hastings with their flat track cycles and trophies.

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