Details emerge in resignation of sheriff
BY K. L. GLOVER
The Farmers Press has learned further details regarding the specific accusations against former sheriff Ethan Rode, who resigned his position Friday, July 25 rather than face a removal process.
The details also shed light on connections between the end of Rode’s tenure as sheriff and the charges filed against former chief deputy Travis Carlson.
A nine-page petition for removal filed by Benson County State’s Attorney James Wang alleged that Rode was guilty of misconduct, malfeasance, neglect of duty in office, and gross incompetency. Under ND Century Code, Chapter 44-11, “When the petition is filed, the attorney general shall conduct an investigation within 30 days. Upon completion of the investigation, the attorney general shall make a recommendation to the governor whether a removal proceeding should be conducted by a special commissioner, and if so, whether the accused officer should be suspended during the pendency of the proceeding.” Because of Rode’s resignation, the petition was rendered moot.
The petition clarifies details surrounding overpayment to a deputy during June 2023. It alleges that Rode approved a falsified work record resulting in a loss of more than $3,000. The overpayment amounted to $1,320.80 in wages for hours not worked and $1,730.22 in employer-paid benefits, totaling $3,051.02. The document states that the deputy was paid for the entire month of June 2023 when he should only have been paid for time spent at K-9 training.
The petition says that Rode approved the overpayment. When the overpaid deputy was questioned, he stated that he “felt everything was approved,” so the deputy spent the money on bills. The deputy stated he trusted Rode and did not feel Rode would do something intentionally deceptive.
Most other charges laid out in the petition are related to alleged misconduct by former chief deputy Travis Carlson. In the case of two Spirit Lake women whom Carlson allegedly arrested without authorization (related to a burglary at the Warwick school), Rode is cited for supporting Carlson’s actions. He is alleged to have advised Carlson to go through tribal court for extradition, and in an email message claimed a precedent that “To my knowledge and past experiences any offense that happen [sic] inside the Warwick Bar with being enrolled or not that is the Benson County Sheriff’s Office jurisdiction.” The petition goes on to detail the alleged false and misleading statement by Carlson that included three different dates on a sworn court document. These accusations were categorized as criminal conspiracy and official oppression, a Class A misdemeanor.
The petition also stated that Rode refused to serve a subpoena upon Carlson for a court appearance on April 17, 2025. Rode is alleged to have denied a request for the deputies’ schedules out of safety concerns for them. State’s Attorney Wang responded to Rode that “You will have to closely monitor” when a subpoena was issued for a deputy’s court appearance. In a further email exchange, Rode stated that Carlson had been granted leave for the week in question more than 30 days prior. Wang replied that he intended to keep the matter on the schedule.
The petition further stated that Rode did serve the subpoena on April 17 at 1:35 p.m., the date of the court appearance, and that Rode certified its serving. The petition notes a contradiction between Carlson’s reported schedule and Rode’s reported actions, that either Carlson was not out-of-state or Rode did not serve the subpoena.
In a separate case, Carlson did not appear for a May 20 criminal court hearing, although the subpoena reportedly was served.
These allegations were categorized as a public servant refusing to perform duty, a Class A misdemeanor.
The petition also details instances when that Rode allegedly failed to report law violations. It states that after Carlson investigated a burglary at Dakota Spirits Bar in Minnewaukan in April 2024, neither Carlson nor Rode completed a report or provided the state’s attorney with a report, in spite of repeated email requests.
Additionally, the petition states that Rode failed to provide a supplemental report explaining the use of force on a juvenile during a traffic stop. A video was posted on Facebook that allegedly showed Carlson kneeling on the back of a 14-year-old who was not handcuffed.
These incidents were classified as a violation of ND Century Code 44-06-06, a Class A misdemeanor, which requires peace officers to report law violations.