Burglar sentenced for robbing Good Samaritan

Published 6:28 am Friday, May 21, 2010

An Austin man will spend four years in jail for burglarizing two area homes earlier this year.

Jason Thomas Smisek, 37, was sentenced Thursday by Mower County District Judge Donald Rysavy on one count of felony first-degree burglary and one count of felony second-degree burglary. Smisek was sentenced on several other charges, including felony drug possession, from unrelated cases, but his sentencing on those will run concurrent with the burglary cases.

Smisek had pleaded guilty to the burglary charges in April.

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According to criminal records, the two incidents were related, as Smisek was apparently trying to retaliate against a 54-year-old man who reported him for the first incident.

That incident occurred Feb. 28 in the 1000 block of Fourth Avenue Northeast at a residence listed with the 54-year-old man, records indicate.

According to a criminal complaint, the 54-year-old man said he met Smisek shortly before heading on a vacation and felt sorry for him because he was unemployed. The 54-year-old man said he invited Smisek into the residence and offered him food on at least one occasion. But on March 3, the 54-year-old man reported to police that his property had been broken into and a number of items were missing, including DVDs, clothes and cable equipment. The man said he suspected Smisek.

Smisek was apprehended by police, and the man’s missing items were returned, the complaint states.

On March 16, Smisek allegedly kicked in a door at a residence on the 400 block of 10th Street Northeast, which is above Bobee Jo’s Bar and just around the block from the site of the first alleged break-in. The property was also listed with the 54-year-old man, according to records.

The 54-year-old man said Smisek came at him brandishing a weapon and threatening him.

However, Smisek allegedly ran from the scene and was caught by police a few blocks later in a garage in the 500 block of 12th Street Northeast. The complaint states that police used a K-9 to track him, aided by a piece of clothing Smisek dropped while running.

When police approached him in the garage, Smisek allegedly refused to cooperate, leading police to use the K-9 to apprehend him.