Douglas Lee Johnson, 35, will have his third degree sexual assault sentenced stayed for three years of supervised probation.

Saturday, August 26, 2000

Douglas Lee Johnson, 35, will have his third degree sexual assault sentenced stayed for three years of supervised probation.

Third Judicial District Judge Donald E. Rysavy ordered the stay of imposition of the sentence at a hearing last Wednesday in court.

Johnson must also serve 200 hours of Sentencing to Service time and pay a $500 fine and court costs.

He must also undergo the sexual offender’s evaluation and follow through with all recommendations coming from the evaluation.

In addition, he must submit a DNA sample and register as a sex offender, abide by the restrictions of the current order for protection that is in place and make restitution to the victim.

Judge Rysavy called the defendant’s offense a "very, very serious matter" and said the pre-sentence investigation’s conclusions "fit the circumstances well."

Johnson appeared in court with his attorney, Dean Adams. The first order of business was a victim impact statement requested by Patrick A. Oman, Mower County Attorney.

Reading from a prepared statement, the victim recounted the events of Jan. 27 and 28 and observed, "Why can’t you see how much you hurt me?"

The victim concluded, "I want you to get the help you need."

Oman said he was recommending a stay of imposition of the sentence, following the PSI recommendations.

The defendant’s attorney reminded the court Johnson is a former 14-year employee of Hormel Foods Corp. and has moved from Austin and obtained other employment since the sexual assault. He also said his client has no prior criminal history.

The judge accepted his guilty plea to sexual assault in the third degree and handed down sentence.

Crime spree over

Donald W. Beck entered a plea of guilty to burglary in the third degree.

Sentence was stayed in return for the defendant’s agreeing to five years of supervised probation both in Minnesota and his native Indiana.

He was ordered to immediately serve a 30-day jail sentence and receive credit for time served.

He must pay a minimum $50 fine and surcharge plus make over $11,500 in restitution to a host of victims after a crime spree he and co-defendant Michael VandeWeerd (sentenced earlier to prison) committed.

Among the victims are Agri-Distribution, Inc., Austin High School and the city of Waltham.

Beck must also contributed 40 hours of community service and seek a general education development high school diploma.

On the charge of aiding and abetting second degree burglary, sentence was also stayed for a concurrent term of supervised probation in the amount of 10 years.

Suspect violated probation

Brian Kropiwka made his first appearance last Wednesday on a charge of probation violation.

According to court testimony, Kropiwka was accused of failure to pay a fine, make restitution, perform STS hours and avoid chemical/alcohol consumption.

Mower County Attorney Patrick A. Oman said Kropiwka was arrested Aug. 19 for driving after drinking alcohol while on probation and a second time on Aug. 21, when he tested 0.16 blood-alcohol content.

The probation recommendations were made May 30 after a hearing for still another probation violation and Kropiwka’s second substance abuse violation this year.

Oman concluded the PSI determined Kropiwka was "unamenable to probation" and sought imposition of sentence.

District Judge Donald E. Rysavy agreed and sentenced Kropiwka to 17 months in the St. Cloud detention facility and ordered a minimum of 11 1/2 months served, plus restitution while incarcerated.

Omnibus hearing held

An omnibus hearing was held last Wednesday for Rory Berdette Hunter on the issue of probably cause.

Hunter was charged in connection with the stabbing of Richard Greathouse, during an altercation at a northwest Austin residence early this summer.

Hunter’s attorney, Evan Larson called Greathouse to the witness stand to testify.

Greathouse, who was in the Mower County Jail on other charges, was brought to the courtroom by Mower County Sheriff’s Department Sgt. Steve Howard.

Greathouse remembered being at a party June 1 at 600 Fourth Ave. NW, but little else. In response to Larson’s questioning, he said he did not recalling telling Austin Police Department investigators his assailant was Hunter.

Asked repeatedly if he remembered giving a statement to Sgt. Jim Erickson, identifying Hunter as his assailant, Greathouse said, "I don’t remember talking to that cop."

Mower County Attorney Patrick A. Oman, visibly upset, told Greathouse, "Your memory today isn’t very good, is it?"

Oman reminded Greathouse he told police Hunter and Terry Williams were responsible for the assault and that Williams grabbed him from behind and around the neck while Hunter stabbed him twice in the stomach.

Greathouse’s response was, "All I remember is Terry Williams grabbed me in a head lock."

Greathouse admitted consuming alcohol and smoking marijuana on the night of the party and altercation.

Larson asked the court to dismiss the assault charges against Hunter.

District Court Judge Donald E. Rysavy gave Larson until Sept. 1 and Oman until Sept. 8 to file his own briefs in response.

Rysavy also agreed to accept Hunter’s not guilt plea to the knifing assault charge.