Multiple people appeared before Judge Rick Schreiner in District Court on Thursday; some to be sentenced, and others to arraigned.
Stolen Firearm, Other Property
Christian Reinke, who is charged with possession of a stolen firearm and two counts of possession of stolen property, appeared for arraignment. Ben Murray served as Reinke’s counsel, while Daniel Werner was appointed to handle the case as a special prosecutor.
Reinke entered pleas of not guilty to each of the charges and Murray requested that his bond be reviewed. Before the trial, Reinke’s bond was set at $25,000, 10 percent.
“My client is 18 years old,” said Murray. “He would be released and remain on probation for another misdemeanor charge. He has never lived anywhere in his life outside of Jefferson and Thayer County. This is not a violent felony he’s charged with. I don’t believe he’s had a history of violent behavior and isn’t a flight risk. He simply doesn’t have enough money to post bond.”
Werner requested that Judge Schreiner deny a change in Reinke’s bond, emphasizing that Reinke has a history of violations when placed on electronic monitoring and a major juvenile record.
“I just want to mention that when this case first came up, Mr. Reinke was charged with 39 different counts,” Werner said. “He’s been found guilty of multiple misdemeanors. In the past he has been placed on electronic monitoring, and he did not comply with that monitoring, removing the electronic monitor and being found in Kansas and other places. He has an extensive juvenile career, so, I think the bond is appropriate.”
Schreiner agreed with Werner’s assessment, denying a change in Reinke’s bond amount. He cited that a major reason for that denial was that Reinke violated the terms of his probation before.
“You were on probation for maybe four months,” said Schreiner. “One of the orders while you were on probation was not to violate the law. That’s not just a probation order, that’s just common sense. You also weren’t honest with law enforcement the first time they talked to you. When you violate the law when you are on probation, your chances of getting a bond reduction are slim, and today they are none.”
Autumn Johnson and Autumn Boomgaarn also appeared in District Court in relation to a child abuse case that took place in August. County Attorney Jeffrey Goltz explained that there was a plea agreement in this case in relation to a juvenile case in the Jefferson County Court. He asked to file a dismissal of the case in District Court, in order to refile it in the Jefferson County Court, emphasizing that it may be better for Judge Linda Bauer to handle the issue since she is already handling the juvenile case that resulted from the incident.
Judge Schreiner agreed that it would be better to have the same judge handle the cases since they occurred within the same family.
Colby’s Sentencing Continued…Again
Stan Colby, who was found guilty of third degree domestic assault by a jury earlier this year, was to appear before the court for sentencing; however, for a second time, he did not comply with the requests of the probation office to complete a mental health evaluation. Colby explained that he was not pleased with the pre-sentence investigation report.
“The updated report has a number of inaccuracies,” said Colby. “I’ve been willing to fill out everything put in front of me.”
Colby was originally supposed to be sentenced in November, but was given a continuance in order to complete the pre-sentence investigation report, including a mental health evaluation. On Thursday, Judge Schreiner advised Colby that this would be the last opportunity given to him to comply with the pre-sentence investigation, ordering him to seek a complete mental health evaluation from a doctor and to comply with the pre-sentence investigation by filling out the mental health assessment.
“Mr. Colby, we’ve been here twice now,” Schreiner said. “The first day, I asked if you were willing to go through the mental health questionnaire, and you said you were. Now I get the second pre-sentence investigation, and for the second time the mental health screening form is not complete; you didn’t do it again. Your statement was that talking to a counselor might be harmful because ‘if they try to change my mind, there may be problems.’ That was your statement during the pre-sentence investigation.
“I struggled with what I was going to do in this case,” Schreiner continued. “Unfortunately, I think through no fault of your own, you are unable to assess your own mental health situation, and I think that’s sad.”
Holding up the documents sentencing Colby to jail, Schreiner emphasized that this is the last opportunity for Colby to comply with the pre-sentence investigation and seeking a professional psychological evaluation. His sentencing was continued to Jan. 19, 2017.
“I need you to cooperate,” said Schreiner. “What concerns me is your mental health. Honestly, today, I was prepared to send you to jail. I just don’t see that I have much choice seeing that I can’t pin down your mental health status. But, I wasn’t comfortable with sending a mentally ill person to jail. I need all of the information possible to craft a just sentence.
“Mr. Colby, in my hand is an order of sentence, sentencing you to the Jefferson County Jail,” Schreiner continued. “That’s what I intended to do today. I am willing to go this far with you Mr. Colby, but I don’t see myself doing that again. Next time I will go through with sentencing. I can only go so far with you.”