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Rugby man sentenced to three years for criminal conspiracy

By Charles Crane - Staff Writer | Sep 21, 2024

A Rugby man was sentenced to serve three years with the Department and Corrections and Rehabilitation after entering a change of plea for multiple felonies, including criminal conspiracy.

Mark James Bercier, 29, Rugby, entered his change of plea to the charges at his arraignment in Northeast District Court on Sept. 9, pleading guilty to one count of criminal conspiracy, a Class B felony; a count of aggravated assault and two counts of felon in possession of a firearm, all Class C felonies. A Class B misdemeanor count of disorderly conduct was dismissed.

According to the affidavit of probable cause, Bercier contacted a Bureau of Criminal Investigation agent in June following his arrest in Bismarck in an unrelated case for methamphetamine possession and criminal mischief. Bercier told the agent he was trying to take accountability for his actions and provided information regarding a location in Bismarck where Brandon and Christopher Heilman were selling fentanyl.

Later in July, Bercier shared information with the BCI agent regarding Brandon Heilman’s narcotics distribution and manufacturing activities in the Rugby area. Bercier said he had witnessed the Heilmans receiving narcotics pills and methamphetamine at their residence near Balta. Bercier described Brandon Heilman as “the main drug dealer” in the Rugby area and said he had been distributing narcotics for him in Bismarck.

The affidavit also detailed statements by Bercier regarding a home drug lab Brandon Heilman was operating out of the home, which was used to manufacture the Schedule I narcotic dimethyltryptamine (DMT).

The Heilmans were arrested and charged following a raid on their residence on Aug. 2. According to the affidavit of probable cause, Brandon Heilman admitted to his relationship with Bercier and said he provided him with DMT, which was distributed at the Prairie Pothole Music Festival in the Anamoose area in July.

The other counts against Bercier stemmed from drug-fueled altercations between himself and Christopher Heilman, including two instances in which Bercier admitted to bearing a firearm against him.

District Judge Michael Hurly sentenced Bercier to serve a concurrent sentence for all four counts of five years with the Department of Corrections and Rehabilitation, to first serve three years with credit for 37 days already served. Bercier was ordered to have no contact with Brandon and Chrisopher Heilman directly or indirectly other than through an attorney or law enforcement. He was also assessed $1,350 in court fines and fees.