Roch. man sentenced to prison for area burglaries

Published 12:39 pm Saturday, June 7, 2008

A Rochester man facing multiple felony-level offenses in three nearby counties was sentenced to 23 months in prison in Mower County District Court.

Thursday for the 2006 theft of jewelry, farm equipment and other items from a rural residence in Udolpho Township, Minn.

James Kent Johnson, 29, was convicted of one count of felony theft following the Nov. 19, 2006, burglary, in which Johnson entered two residences at a family farm and took a pick-up truck, checkbook, credit card, tools and jewelry.

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“It may have meant money for you in your pocket, but for us it was family heirlooms,” said the daughter of the victim during a statement Thursday.

“I want you to think about our family, and I want you to think before you ever do anything like that again,” she said.

Johnson was apprehended in Dodge County several days later. According to a witness, Johnson arrived at her place with the truck and other items; the complaint said she knew he’d stolen them because he’d refused to answer questions about the goods.

Attorney Julie Maxwell said since the incident Johnson has turned his life around, and requested a sentence concurrent with a plea agreement made in Olmsted County.

“We ask that the court not send him to prison, but simply give him credit for time served, and fines or community work service,” Maxwell said.

Mower County District Court Judge Fred Wellmann said he was not bound to the agreement.

“It’s not mandatory that I give him, based on the plea agreement, that I give him downward depositional departure,” Wellmann said, adding that Johnson had a pretrial violation June 2 for methamphetamine use.

Attorney Julie Maxwell said it was a single indiscretion.

“He put himself through treatment, and was sober for 16 months,” Maxwell said. “This is the first relapse.”

Johnson told Wellmann that he’s committed to a new life, particularly for the sake of his family and employer.

“I’m trying to better myself for my wife and my children and my job,” Johnson said. “I think I’m doing pretty good, not even close, but doing pretty good at making my life better.”

Wellmann was not convinced, saying that the probation agent determined that Johnson was at high risk to offend; the judge expressed additional concern about the defendant’s drug history.

“You were convicted of very violent and high-risk offenses, and I look at these factors, and that scares me because meth has the ability to make people extremely paranoid, and, as a result, can get very violent.”

Johnson must also pay $5,823 in restitution, which includes $2,300 to victims and $3,523 to the insurance company that covered the losses. He also faced hearing in Olmsted, Dodge and Goodhue counties for theft and drug crimes.