Darin Lee Horner sentenced on two counts of theft by swindle in Lyon County

Horner convicted following multiple thefts from customers between 2017 and 2019

January 27, 2026 (SAINT PAUL) — Today, a Lyon County court sentenced Darin Lee Horner to 364 days in jail and 5 years of probation for his role in committing multiple thefts from customers between 2017 and 2019 in Tracy, Minnesota.  In August 2025, Horner pled guilty to two counts of theft by swindle.  Horner admitted to taking money from multiple customers without ordering the appliances they purchased and with the intent not to deliver the goods they paid for. Horner instead used the money elsewhere, including deposits to his personal account to make house payments. 

Until May 1, 2019, Horner was the operator and sole proprietor of Affordable Appliance Plus in Tracy, Minnesota.  Through his business, Horner purported to sell customers affordable appliances.  Multiple customers paid Horner for items they never received.  Dozens of individuals were victimized by Horner’s misrepresentations and ongoing scheme between 2017 and 2019. 

Attorney General Ellison’s office prosecuted Horner upon a referral from Lyon County Attorney Abby Wikelius under Minnesota Statutes section 8.01, which provides, “Upon request of the county attorney, the attorney general shall appear in court in such criminal cases as the attorney general deems proper.” The authority vested in the Minnesota Attorney General’s Office is primarily civil.  Aside from referrals submitted under section 8.01 and Medicaid fraud, the Minnesota Attorney General’s Office does not have prosecuting authority over most criminal acts. That authority generally rests with city and county attorneys.

“My job as attorney general is to help Minnesotans afford their lives, which means going after fraudsters and thieves like Horner,” said Attorney General Ellison. “I would be furious if I saved up to buy a new appliance, only for the salesman to turn around and steal my money. I hope Horner’s sentencing serves as a warning to anyone else that would try to cheat hardworking Minnesotans.”

Attorney General Ellison thanks the Minnesota Bureau of Criminal Apprehension and the Tracy Police Department, who assisted in the investigation and successful prosecution of these crimes.