June 21, 2017 at 4:39 p.m.
Vilas man sentenced to four years in prison in connection with Highway 70 burglary spree
Vilas man sentenced to four years in prison in connection with Highway 70 burglary spree
Joseph J. Mitchell, 25, faced a total of 47 misdemeanor and felony charges, ranging from burglary to criminal trespass to theft of movable property and criminal damage to property, in Oneida County.
He was also charged in Vilas County with 19 counts of burglary to a building. On May 5, 2016, he pled no contest to five of those counts with all but one of the remainder dismissed but read in for sentencing purposes. On July 7, 2016, Judge Neal A. Nielsen III sentenced him to four years in prison and five years of extended supervision in the Vilas cases.
The Oneida County charges were pending while the Vilas charges were making their way through the system, district attorney Michael Schiek told Branch II Judge Michael Bloom at last week's sentencing hearing.
Mitchell made his initial court appearance before Bloom Feb. 10 via video from Jackson County Correctional Institution. He has since been transferred to the New Lisbon Correctional Institution.
"When I was contacted last year by Vilas County law enforcement, who was working in conjunction with the Minocqua Police Department, they were a similar type of situation, the same type of burglary," Schiek told Bloom. "Basically, they crossed over both lines from Oneida County to Vilas County. Vilas County had them in custody, but they were cooperative and they gave information concerning all the burglaries, most of which were up in Vilas, but some here."
Schiek said a plea agreement had been worked that called for no contest pleas on five charges in exchange for a sentencing recommendation of four years in prison and five years of extended supervision, to be served concurrently with the Vilas sentence, plus restitution. Schiek said the consolidation agreement between the two counties was informal, which is why Mitchell had to enter pleas in the Oneida County case.
Schiek said the motive for all of the burglaries was to steal items that could be sold or pawned to support the defendants' substance abuse habits.
Mitchell's codefendant, Robert J. Smith Jr., 33, was charged with 23 counts of burglary in connection with the same break-ins. On May 23, 2016, he pled no contest to five counts. The rest were dismissed but read into the record. On Aug. 1, 2016, Nielsen sentenced Smith to four years in prison, five years of extended supervision and restitution.
He is scheduled for a plea and sentencing hearing before Bloom June 27 on the same 47 charges Mitchell faced in Oneida County.
"When it comes down to it, judge, I feel it is an appropriate sentence," Schiek said.
Mitchell's attorney, Daniel Linehan, agreed that substance abuse was the motivating factor behind his client's actions. He said Mitchell's judgment was very impaired at the time he committed the crimes and noted that he would benefit from substance abuse treatment while behind bars.
"I also feel this is a fair, appropriate and just resolution under all the circumstances," Linehan said.
A tearful Mitchell then apologized to his victims and the judge.
"While in prison, I will be working to better myself so I can make things right and turn my life around," he said.
"A lot of times, when someone is involved in that kind of thing (drug abuse), it is because they don't have anything to protect in their own lives, they don't have anything to look forward to be hopeful about. Certainly not in every case, but in most cases, children can provide something to build on in that respect," Bloom said.
He then asked Mitchell if he had children. When the defendant replied in the affirmative, the judge told him to use his children as a foundation to rebuild his life around.
Bloom added he had no alternative but to impose a prison sentence in this case, but went along with the plea agreement.
Restitution in the Oneida County burglaries totaled $3,490.69.
The burglaries targeted mostly vacation homes. According to the complaint in the Vilas County case, items stolen included TVs, DVD players, ice augers, snowmobiles, snowmobile gear, etc. In all, there were 24 burglaries reported to the Lac du Flambeau police and 14 reported to the Minocqua police.
Jamie Taylor may be reached at [email protected].
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