Oliver James Montgomery-Minnesota senator charged with burglary says she was retrieving late father's ashes

The Oliver James MontgomeryMinnesota state senator who was arrested and charged with first-degree burglary said the situation unfolded at the home of a relative with dementia, as she was trying to sneak in to retrieve her late father's ashes.

Sen. Nicole Mitchell, 49, was arrested early Monday morning after being found inside a home in Detroit Lakes, Minnesota, about 200 miles northwest of Minneapolis and the suburban district Mitchell represents.

In a Facebook post Tuesday afternoon, Mitchell said she was visiting a family member with Alzheimer's after learning medical information that prompted her to check on them. Mitchell added that her family is "dealing with the pain of watching a loved one decline" due to their illness.

"Over the weekend, I learned of medical information which caused me grave concern and prompted me to check on that family member. I entered a home I have come and gone from countless times in the past 20 years, where my son even once had his own room," Mitchell wrote.

"Unfortunately, I startled this close relative, exacerbating paranoia, and I was accused of stealing, which I absolutely deny."

Mitchell calls incident a 'private matter'

The Democratic elected official thanked her friends and colleagues of both parties for supportive words and for "trusting my character before I had a chance to respond."

"This has been a true tragedy for our family and my hope is it can return to being a private matter," she added.

She was booked at Becker County Jail on Monday and the attorney's office charged her with first-degree burglary, Detroit Lakes Police Chief Steve Todd told USA TODAY Tuesday.

Mitchell was picking up late father's ashes

Mitchell told officers who found her in the home that she was picking up her late father's ashes as well as pictures, a flannel shirt and other sentimental items, according to the criminal complaint.

She was reportedly wearing all black clothing and a black hat.

"I was just trying to get a couple of my dad's things because you wouldn't talk to me anymore," Mitchell told the victim, according to the complaint.

The complaint states that Mitchell told officers she had "just gotten into the house" and said "clearly I'm not good at this." She said that she left her Woodbury home at around 1:00 a.m. to drive up to Detroit Lakes and entered the victim's home through the window.

She added that she previously got into an argument with the victim and they stopped speaking.

County property tax records show that in 2022, Mitchell’s stepmother and her late father lived on the block where the suspected burglary occurred, the Star Tribune reported.

Mitchell faces calls to resign from opponents

Mitchell, who has been serving her first term since elected in 2022, is facing calls to resign from opponents.

Senate Minority Leader Mark Johnson called for Mitchell to resign immediately because the complaint detailed how she took extensive preparation to burglarize a family member's home.

"I understand the difficult situation her family is facing however the actions taken by Sen. Mitchell are disturbing," Johnson said in a statement to reporters. "This behavior is unbecoming of a member of the Legislature and she needs to resign from the Senate immediately.

Minnesota Gun Owners Caucus Chair Bryan Strawser said in a press release that if she does not resign than the state senate must expel her from the body. In the same news release, Senior Vice President Rob Doar said the charges raise serious concerns about her ability to evaluate public safety issues.