Caledonia Argus

Jail, restitution ordered for vandals

Posted: 8/6/02

By Shannon McKinney
Argus News Reporter

District Judge James Fabian expressed regret Thursday, August 1, that he could not hand down a stricter sentence for for criminal damage to property.

Jesse O' Bieglo, 19, and Keith Schroeder, 19, both of Caledonia were sentenced for inflicting almost $40,000 in damage to Beaver Creek Park State Park, a residence in Yucatan township and the new middle school/ high school while it was under construction in February.

Fabian stated, ìYouíre very lucky that the legislature has set a limit on an increased penalty.î

In the end, both received sentences of 120 days in the Houston County jail and restitution.

For the felony criminal damage to property charge at Beaver Creek, they were sentenced to one year and one day to prison also referred to as the Minnesota COC (Commissioner of Corrections), which was stayed, and 120 days in the Houston County Jail. For the attempted burglary of the residence in Yucatan Township, they were sentenced to one year and one day to the COC, which was stayed and 90 days in the Houston County Jail to run concurrent with the previous sentence. For the third degree burglary charge of the new school, both were sentenced to 15 months to the COC, which was stayed, and ordered to serve 120 days in the Houston County Jail, to run concurrently with the other sentences. And for the criminal damage to property of the new school, they were sentenced to a year and one day to the COC, which was stayed, and 90 days in the Houston County Jail also running concurrent with the other charges.

They are also required to pay full restitution which includes: $17,500 to Beaver Creek Park for the 29 windows that were knocked out; $538.27 for the Yucatan burglary attempt; $1,000 to ISD #299 for its insurance deductible, $17,387.03 to Tri-State Insurance and $517.68 to Hengel Brothers. Restitution to these individuals will be paid as planned with their supervising agent, or probation officer. Currently, both are unemployed, though Schroeder has a job prospect and O'Bieglo has plans to attend a technical school.

Both have already served some time in jail which they will receive credit against the 120 day sentence. As of this printing, Schroeder will have already served about 47 days of jail time, while OíBieglo has served about 26 days of jail time.

In Minnesota, the two can receive credit for good time served, which means that for every two days of following jail rules, they receive one day of credit against their sentence. Schroeder and O'Bieglo could potentially be in jail for 80 days out of the 120 day sentence.

They will be placed on probation for five years. And in lieu of a fine for the crimes, they will serve a total of 300 hours of community service, which is 100 hours for each place that received damage. While in jail, they can take advantage of sentence to serve and Huber (work release).

They were also ordered to take a chemical and psychological evaluation. They were ordered to write an apology letter to the victim of the residence and to write another apology letter to the citizens of the district and state for the damage done to the school and Beaver Creek Shelter. The letters to the state and district is to be printed in the The Caledonia Argus.

The letters are to be written within 45 days.

Both Schroeder and OíBieglo are not allowed to enter into Beaver Creek during the entire time of their probation. They are also not allowed to enter the new school during their probation unless permission is granted by school authorities.

Victims make statement

Two victim impact statement were read in court before sentencing.

A statement from the Beaver Creek Park Manager Roger Heimgartner stated that the financial damage incurred from the vandalism prevents him from investing in other areas of the park. Beaver Creek did not have insurance to cover the vandalism.

He said, ìThese things arenít paid by some invisible entity called the state, but by taxpayers.î

Caledonia High School Secondary Principal Brian Doty read a statement that was signed by himself, ISD (Independent School District) #299 Interim Superintendent Jim Tool, ISD Board Chair Cheryl Whitesitt and vice-chair Dave Klinski regarding the vandalism to the school. The letter was supported by the entire school board said Doty.

The district called the acts committed by Schroeder and OíBieglo an ìassault on the entire community,î which needs to be condemned.

He said the two need to be inconvenienced and shamed and a message be sent that the community will not tolerate this senselessness. ìThey forfeited their privileges... these two should be barred from the property until the time of their consequence is totally complete.î

School Board member Chuck Schulte while also addressing the court, described Schroeder and OíBiegloís action as literally a dagger into the heart of the school district. He asked, what happens now to them. ìWill it be a slap on the wrist? A lot of adults are waiting to see how this case is handled. Punishment needs to be meted out appropriately.î

Upward departure denied

Houston County Attorney Rick Jackson asked the court for an upward departure from the Minnesota sentencing guidelines based on the fact that the behavior exhibited by Schroeder and OíBieglo produced significantly more serious damage than the description of criminal damage to property. Minnesota law states that felony level criminal damage to property is anything that exceeds $500 in damage. Jackson argued that not only was the damage 72 times greater than $500 in damage, but the acts were a crime on the entire community.

He requested that the court depart from the sentencing guidelines by considering consecutive sentencing, which would yield a 24 month and two day sentence at the COC to be stayed and a 10 year probation period. It would also include a nine month sentence at the Houston County jail.

Jackson also requested that, if the court did not grant the upward departure, that it would impose at least a six month sentence in the Houston County jail.

During Jacksonís request, Fabian commented that he did not see in the guidelines where an upward departure could be supported.

Attorney James Schultz, representing O' Bieglo, and attorney Gregory Schultz, representing Schroeder, argued that there is no basis for an upward departure from the sentencing guidelines.

James Schultz requested that O'Bieglo not be required to pay Tri-State Insurance for the insurance money. He also accused the state of trying to ëboot strapí by its request for a double departure sentencing. ìThis isnít a vigilante type of situation, but you do it according to the sentencing guidelines,î he said.

He stated that imposing too much restitution would put a financial hardship on the two so as to give them no hope for the future.

Gregory Schultz pointed out that sentencing not only serves the purpose of punishment, but of also rehabilitation. ìOur system should be intended to keep this from happening again. Re-integration into our community would be a feature for their rehabilitation,î he explained.

He added that the purpose for incarceration is to show that it is not much fun. Restitution, he stated must be reasonable.

He suggested imposing $100 a month for five years, which would result in $6,000 from his client. At the end, the rest could be awarded as a civil judgement.

Schultz recommended that society needs to let Schroeder back into its circle, so he can be put back on track to being a productive member of society again.

Schultz says Schroeder would like to enter into the new school because of siblings who attend there. As part of the re-integration process he said he should be allowed to enter the school. ìWe want him back,î he said.

Schroeder did not exercise his right of allocution because he did not feel comfortable, but a letter which was not read aloud, was given to Jackson.

O'Bieglo did speak to the court and expressed remorse for the vandalism.

Fabian makes closing comments

Before issuing the sentence, Fabian accused the two of pulling a 911 on Beaver Creek, referring to the terrorists attacks on the World Trade Center Towers in New York City on September 11, 2001. ìYou look at what happened to the peace and tranquility of Beaver Creek and it just makes you sick.

Referring to his years as a police officer, Fabian said vandalism was the one thing he hated investigating.
ìBecause you say to yourself, ëWhat did they get out of this?í If they took something, then yes, but it makes no sense at all!íî

Responding to the districtís comment that OíBieglo and Schroeder be shamed to a degree, he said that that will happen because this is a small town. ìYou live in a community where you canít just fade into the woodwork. You will feel shame for a long time. You may walk into that school, and you know what they will say. I hope this doesnít get the best of you,î he said.

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