“You Could Have Died In Prison!” — Judge Melissia R. Mogen Stuns Courtroom

Added: 2026-05-25

[00:00:00]Jamie Thibido, are you here for Mr. Roland Peterson's matter?

[00:00:06]>> Um, yes. I am the case manager for him for Justice Point Sawyer County.

[00:00:11]>> All right. Thank you.

[00:00:32]We will go on the record in the matter 24 CF56, state Wisconsin versus Roland Peterson. The state appears through Assistant District Attorney Kevin Schmidt in person. We have Mr. Peterson appearing in person in custody with council Christopher Grahamstruck. were set here today in this matter for a plea and sentencing hearing. Parties have reached an agreement. Mr. Grahamstrap, um, are you able to recite the agreement for the record?

[00:01:01]>> I am, your honor.

[00:01:05]>> Um, and I guess I think we still need to, if we haven't, we would wave the prelim. I think we did already.

[00:01:12]>> I believe we did.

[00:01:13]>> If we did, we had Yeah.

[00:01:15]>> Um, he would enter a plea to an amended possession with intent to deliver. um as part of the crime in an amount but more than three grams but less than 10.

[00:01:25]Sorry, excuse me. The remaining counts would be dismissed and read in including apparently there's a citation out there.

[00:01:33]There's a joint recommendation uh for a prison sentence of 5 years structured as 5 years of initial confinement and three years extended supervision.

[00:01:44]>> Two years.

[00:01:45]>> I'm sorry. What did I say?

[00:01:46]>> I said five.

[00:01:47]>> I'm sorry. two years of initial confinement and three years of extended supervision with costs. Conditions would be AODDA assessment and follow through.

[00:01:58]Um, and that would be it.

[00:02:07]>> All right. And off the record, you and Mr. Schmidt uh discuss jail credit and you stipulate to 226 days.

[00:02:15]>> That's correct.

[00:02:16]>> All right. Thank you. Quick question on waiver of rights one please.

[00:02:21]Thank you.

[00:02:27]And with the possession with intent meth um greater than three but less than 10 um Mr. Schmidt is this this goes from a D down to an E felony?

[00:02:42]>> Yes.

[00:02:43]>> So it just goes down one step. Yeah.

[00:02:47]>> Okay.

[00:02:49]The maximum possible penalty could be a total of 15 years, 10 years of initial confinement, five years of extended supervision with a potential of a $50,000 fine. Is that accurate, Mr. Schmidt?

[00:03:04]>> I believe so, Judge.

[00:03:06]>> All right.

[00:03:08]And that's the agreement that you reached, Mr. Peterson, with the state?

[00:03:13]>> Yes, your honor.

[00:03:16]basis for the agreement reached, Mr. Schmidt.

[00:03:19]>> Um, thank >> and why it's in the public interest.

[00:03:22]>> I think the courts probably can guess already since it sat through the whole trial of Vanessa Dora. I think Vanessa Dora is the drug dealer and I think that Roland Peterson was the useful person for her to use. I think he knew what he was being used for, which is the party to a crime liability for it. I think the reduction one level and the joint agreement is fair given that and given his criminal history.

[00:03:43]>> All right. Thank you.

[00:03:45]The court has also received a pre plea um a sentencing memorandum because there is an agreement between the parties um not to order a presence investigation report. Um it is always up to the court whether or not to ultimately order a presence investigation report. Um, however, the court has received the defendant sent sentencing me memorandum and uh, it is quite thorough and uh, as I've read it, it does contain a lot of the information that I would need in that report. Uh, therefore, I don't believe I need one.

[00:04:23]Um, Mr. Schmidt. Formal motion to amend uh down from a class D to a class E felony from possession with intent of uh delivering methamphetamine greater than 3 g but less than 10 grams pursuant to 969.41 PN1 M uh E as a party to a crime a class E felony. So made >> the court will grant that motion.

[00:04:55]Mr. Peterson, I have in front of me a plea question, plea questionnaire, waiver of rights form. Do you recognize this document?

[00:05:06]>> Yes, your honor.

[00:05:06]>> Is this the document that your attorney went over with you?

[00:05:10]>> Yes, your honor.

[00:05:11]>> Did he go over it thoroughly with you?

[00:05:13]And that is essentially word for word.

[00:05:17]>> Yes, your honor.

[00:05:18]>> And do you understand everything on this document?

[00:05:21]>> Yes. And is that your signature on the second page?

[00:05:25]>> Yes.

[00:05:26]>> If you didn't understand something on the document, did you ask your attorney to explain it to you?

[00:05:33]>> I understand.

[00:05:34]>> And so you understood everything on the document?

[00:05:37]>> Yes, ma'am.

[00:05:38]>> You were pleading guilty to one count of possession with intent methamphetamine greater than 3 g but less than 10 grams as a party to a crime. Is that correct?

[00:05:52]Yes, your honor.

[00:05:53]>> You're 53 years old. You have 16 years of schooling. You can read, write, and you understand the English language. Is that all accurate?

[00:06:02]>> Yes.

[00:06:03]>> Did your attorney go over with you what the state would have to prove to prove your guilt beyond a reasonable doubt?

[00:06:09]>> Yes.

[00:06:09]>> Did your attorney go over with you the maximum possible penalties that you face for this crime?

[00:06:17]>> Yes.

[00:06:18]You are currently not receiving treatment for a mental illness or disorder and you've not had any alcohol, medications, or drugs within the last 24 hours. Is that correct?

[00:06:28]>> Yes, that's correct.

[00:06:29]>> Because you're pleading guilty to a very serious felony, you are entitled to constitutional rights. Each of these rights is listed on this document. Did your attorney thoroughly go over these rights with you?

[00:06:42]>> Yes, sir.

[00:06:43]>> Do you understand these rights completely?

[00:06:46]Yes.

[00:06:47]>> You understand that by pleading guilty, you're waving and giving up these rights?

[00:06:52]>> Yes.

[00:06:52]>> Because this is a serious felony, I'm going to briefly go over these rights again with you. Do you understand that you're giving up the right to a trial?

[00:07:01]You're giving up the right to have your attorney cross-examine the state's witnesses or call witnesses to testify for you. You're giving up the right to testify on your own behalf or remain silent and not have your silence used against you. You're also giving up the right to have that jury trial in which 12 of your peers would need to reach a unanimous decision as to a guilty verdict or find you not guilty. You're also giving up the right to have the state prove your guilt beyond a reasonable doubt. Do you fully understand those rights that you're giving up here today?

[00:07:34]>> Yes, sir.

[00:07:35]>> Do you understand that you're pleading guilty to a felony? As such, you will no longer be able to use or possess a firearm for life.

[00:07:43]>> Yes, sir. You will no longer be able to vote in any election until your civil rights are restored.

[00:07:50]>> Yes, sir.

[00:07:51]>> Do you understand that if you're not a citizen of the United States, your plea could result in your deportation?

[00:07:59]>> Yes.

[00:08:00]Do you understand that the state would have to prove on or around March 1st, 2024 in Bernett County, Wisconsin as a party to a crime you possessed with the intent to deliver a controlled substance to wit methamphetamine in an amount of more than three grams but less than 10 gram contrary to Wisconsin law. Do you understand what the state would have to prove?

[00:08:31]>> Yes.

[00:08:32]>> Do you understand the maximum possible penalty could be up to a $50,000 fine or up to 15 years of incarceration or both?

[00:08:43]>> Yes.

[00:08:43]>> You also understand that the court may suspend your driving privileges for not less than 6 months but no more than 5 years.

[00:08:52]>> Yes. Do also understand that there's an agreement here between the parties and it's going to be a recommendation to the court uh for the court to sentence you to a term of confinement in prison of 2 years and extended supervision of 3 years for a total of a 5-year prison sentence with certain conditions while on extended supervision. Do you understand that I'm not bound to follow that agreement?

[00:09:23]>> Yes.

[00:09:23]>> Said differently, if I thought based upon the facts of this case that it's more serious, I could sentence you to the maximum possible sent uh sentence um if I thought it was warranted. Do you understand that?

[00:09:36]>> Yes.

[00:09:36]>> Do you still wish to proceed and enter a guilty plea?

[00:09:40]>> Yes.

[00:09:41]>> Now, did you review the criminal complaint with your attorney?

[00:09:46]>> Yes. In particular, there is that section called the probable cause section where it basically says what happened that day and why you were charged with the crime. Do you remember that?

[00:09:58]>> Yes.

[00:09:59]>> For the most part, are those facts accurate?

[00:10:04]>> Yes.

[00:10:04]>> Are you admitting here today that you in fact did possess methamphetamine in an amount of greater than three grams but less than 10 grams?

[00:10:13]>> Yes. And that was with an intent to distribute that methamphetamine.

[00:10:21]>> Yes.

[00:10:22]>> Um and deliver. And you understand what that means? And that's as a party to a crime. And do you understand what that means?

[00:10:30]>> Yes.

[00:10:31]>> Do you need me to go over with you what it means to be a party to a crime? Or do you fully understand that?

[00:10:39]>> Um my my lawyer >> lawyer went over that. Yes.

[00:10:44]>> Okay. I can go over it again with you if you need me to.

[00:10:49]>> I'm I mean you can >> if you want me to. I can.

[00:10:54]>> It's okay. Um >> I will read you the the full definition.

[00:10:58]As a party to a crime. It means you either directly committed the crime yourself. you aided and emedded someone uh who was committing the crime or you conspired with one or more persons to commit the crime and affirmative actions were taken towards the commission of the crime. Now do you fully understand?

[00:11:16]>> Yes.

[00:11:17]>> All right.

[00:11:21]>> So based upon those facts you are admitting here today that you are guilty of this crime. Is that correct?

[00:11:29]>> Yeah. Um, did you review the discovery with your attorney as well?

[00:11:33]>> Yes.

[00:11:34]>> Okay. And um, so Mr. Grahamstrap, may the court use the probable cause section of the criminal complaint along with the statements made by Mr. Peterson to find a factual basis?

[00:11:46]>> Yes, your honor.

[00:11:47]>> Do you have any questions or concerns right now that you need to ask the court or you want to ask your attorney, Mr. Peterson?

[00:11:55]>> No.

[00:11:55]>> All right. Has anyone made any threats or any promises to you for you to plead guilty to this crime?

[00:12:04]>> No.

[00:12:05]>> You're doing so freely and intelligently. That means you're telling the court that you fully understand what you're doing here today?

[00:12:12]>> Yes.

[00:12:12]>> And voluntarily?

[00:12:14]>> Yes.

[00:12:15]>> Are you satisfied with your attorney's services?

[00:12:18]>> Yes.

[00:12:19]>> Has he looked at this matter thoroughly?

[00:12:22]>> Yes. Has he went over with you the discovery in this case?

[00:12:28]>> Yes.

[00:12:28]>> Has he discussed with you any potential defenses you could have or discuss with you any lack of defenses that you may have?

[00:12:36]>> Yes.

[00:12:37]>> Are you satisfied with his services?

[00:12:39]>> Yes, sir.

[00:12:41]>> Mr. Grahamstrap, are you satisfied um that Mr. Peterson is entering a plea freely, voluntarily, and intelligently?

[00:12:48]>> I am, your honor. Do you believe that he understands the um rights that he's giving up here today?

[00:12:53]>> Yes, I do.

[00:12:54]>> Did you address the strengths and the weaknesses of the case with him?

[00:12:58]>> Yes.

[00:12:58]>> And did you discuss the elements that the state would have to prove along with the facts um of this case along with the discovery uh that you had available?

[00:13:07]>> Yes.

[00:13:08]>> All right.

[00:13:10]Mr. Peterson, at this time, do you have any further questions for the court or any uh questions for your attorney before I proceed?

[00:13:20]>> No, your honor.

[00:13:25]>> Then at this time, as it relates to amended count one, possession with intent methamphetamine greater than three grams but less than 10 grams as a party to a crime. How do you wish to plead?

[00:13:41]guilty.

[00:13:42]>> The court will find your plea is done knowingly, intelligently, and voluntarily. I will find that you understand your constitutional rights and the rights that you're giving up here today. I will also find that you understand the charge and the maximum possible penalties. I'm going to find a factual basis to accept your plea. Um, based on that, I will find you guilty of the amended count one. A judgment of conviction will be entered today as to the remaining count and cases. They will be dismissed and read in for purposes of sentencing.

[00:14:16]The court has also received a letter. I believe it was from your long-term significant other that I I believe you call your common law wife. Um in addition to defendants uh sentencing u memorandum. Mr. Schmidt, did you also receive that uh letter?

[00:14:34]>> Uh yes.

[00:14:36]>> Okay. Mr. Schmidt, I am going to turn to you for argument and sentencing recommendation.

[00:14:42]>> Thank you. I'm asking for a sentence of two years initial confinement, three years extended supervision for a number of reasons because this is a >> and I'm just going to ask that you slow down when you're talking just to make sure that the court reporter can take everything down accurately.

[00:14:56]>> Sure.

[00:14:59]>> I'm asking for a sentence of two years initial confinement and three years extended supervision. uh it needs to be a prison sentence because this is a drug delivery case and that not doing a prison sentence would unduly depreciate the seriousness of the offense. That being said, um I'd say as it relates to Rowan Peterson, this is an aiding and abetting case. Uh the court's seen the body cam, it's seen Vanessa Dora's interview, it has heard her in alocution.

[00:15:30]Uh when the stop happened, you can see in the body cam, Vanessa Dora is the cool Luke. She's the person who's quiet and confident, taking things with stride. She admitted to having the cartel connections. She admitted to having the connection with a big drug dealer in Sawyer County. They were, she claimed, and Roland confirmed they were going to the Twin Cities. And part of what they did is visit her daughter, Tiana Wade. In fact, Tiana Wade was in the vehicle in the bail jump on the way back to Sawyer County. Tiana Wade, who is Vanessa Decor's daughter, whose last conviction was for selling methamphetamine in Sawyer County. Uh, when you watch the footage, the court didn't see a lot of that because I couldn't play it because it would have been hearsay at the trial. You Mr. Peterson was very adultled, I would describe, very under the influence at the time of the stop by with law enforcement.

[00:16:27]He's not the one who has the connections. He's not the one who has the history or the connection to dealing drugs. In fact, his history shows that despite his age, his history only started around 2016. And it's all connected to simple possession, addiction, that sort of thing.

[00:16:47]He's a person where I he's never been to prison before. So in this case, I think doing an extremely long sentence would be disproportionate, not make a lot of sense, especially considered what I think we could show his role in the conspiracy is, which is effectively I think Vanessa Decor was his drug dealer, perhaps Tiana Wade as well. And that as his drug dealers, they had special access to him, special influence over him. I think he knew that he was going to the cities to help them secure drugs to bring to Sawyer County to sell and that his benefit was going to be some of the drugs. So that's still possession with intent. That's still contributing to poison being pumped into Sawyer County even if you're not the one selling it there. And that's why the prison sentence is necessary as well. I think that he would be a person or I think he should be ERP eligible right away in prison. uh program will still take like nine months to a year to complete, which is pretty comparable to the amount of time he'd have in prison.

[00:17:54]Maybe just a year off if the court followed the agreement.

[00:17:59]Not a year off, sorry, few months off.

[00:18:03]Uh I'm not going to go too much into like his history and whatnot because I think the defense is probably going to do that because they filed the sentencing memorandum. So, I'll defer to them from there. Thank you.

[00:18:14]>> All right, Mr. Grahamstrom.

[00:18:16]Thank you, Y.

[00:18:18]Looking at the gallion factors, obviously this is a serious offense, as a court indicated um when taking Mr. Peterson's plea, maximum penalties are $50,000 fine, 15 years in prison or both. So, it's a serious offense and Mr. Peterson certainly acknowledges that. looking at his character. Um I did file that sentencing memorandum and I don't intend to rehash everything in there, but there are some important um factors that I think support this joint recommendation that um I would point out. I think the most important factor here is that um Mr. Peterson has some serious treatment needs. He had some AODA issues early in life. um some of those resolved but they became quite serious in about 2017 when he started using meth in his mid-40s at that time.

[00:19:12]Since then his life has really spiraled out of control.

[00:19:16]He does not have much of a prior record, but what he does is not nearly as serious um and is all drugrelated and and begins in 2016 right around when he first started using methamphetamine.

[00:19:35]To his credit, he voluntarily began an AODA assessment this past June when he was out on bail. um but then was subsequently arrested uh and has been incarcerated since then and has not then had the opportunity to continue to avail himself of those treatments.

[00:19:56]But I think that does give an indication of his desire to get sober. It's not something I asked him to do or told him to do or even knew about until I was drafting the sentencing memorandum and I spoke to him about it. And he also expresses that desire that he needs to get sober. He tells me he's really sick and tired of living this way.

[00:20:17]I think most importantly, he acknowledges that he can't do it himself. He does need treatment.

[00:20:23]I think he also acknowledges uh I mean nobody wants to go to prison.

[00:20:29]Nobody signs up for that. Nobody says that's where I want to go. But I think he does acknowledge that receiving treatment in a confined setting is going to be beneficial to him because he's used death meth almost daily uh for about 7 years. And that's a very serious um addiction that he has that has to be addressed. And I think getting that treatment in a confined setting is going to be helpful for him. He's going to learn those tools. He's going to remain sober. He's going to have to remain sober. and when he comes out um I really believe that he'll continue that sober lifestyle.

[00:21:08]He's got very strong support around him.

[00:21:11]Um his wife Sue Johnson uh continues to stand by him. I've had a number of calls and phone conversations from her explaining Mr. Peterson's situation and expressing concern and I think the court can get the flavor of that from the letter that she filed or that she asked me to file late yesterday. Uh, also his mother I think is a really good support system. Uh, from my conversations I think they are people that are going to really hold him accountable when he ultimately is out on extended supervision.

[00:21:45]He's got a very strong educational history. I think that's helpful. That's always helpful in um someone who is dealing with addiction.

[00:21:56]Uh I find uh that someone who has um a good strong educational history typically has better insight to their problem and uh deals with it uh better than someone who maybe doesn't. He's got a he's a college graduate with a degree in public health. He's got a very good employment history. Presently owns and operates the main newspaper in Hayward, Wisconsin.

[00:22:23]His age is also a strength. uh 53. He owns his own home. He's owned his own home for 30 years. This is um someone who really doesn't fit the stereotypical profile that we typically see in a case like this. Mr. Peterson really has a lot going for him. Uh and I am very optimistic that uh he's going to turn things around. And I think this is a a first step. I think it's a difficult first step for Mr. Peterson, but I think he's ready to do that. I think he has the tools um that he needs to get started and I think he'll obviously pick up additional tools through treatment. I think it's important that he to note that I think he also understands that he has to put in the work that this isn't something that's going to be very easy for him at all and he's going to really have to make it the primary focus of his life for the next um whatever months it takes for him to get through treatment and I think he's committed to do that. Uh he certainly accepts responsibility here your honor.

[00:23:30]he's accepting uh please and admitting his full involvement in in in this matter as a party to the crime as as to what he did. Um entering a plea here today and admitting his guilt. Um I think based upon all of that and and the additional facts that I've supplied um in our sentencing memo memo, which I would note, I think when I did that, Mr. Peterson was very um open and honest with me, was freely giving me um all the information I requested. Uh so I think that the facts in there are something that the court can rely on. Based upon that, I I do think this joint recommendation is appropriate. Uh 2 years of initial confinement, uh 3 years out, 226 days of sentence credit. Um would certainly think uh ERP is appropriate. that that is his most primary need. And um I think with that, I don't see um him reaffending any more drug crimes. I I I I just I don't see it. I think he's, as he indicated to me, sick and tired of this lifestyle and wants to put it behind him and get back to where he was.

[00:24:48]>> All right. Thank you, Mr. Peterson. And I am now going to give you an opportunity to tell me anything that you want me to know and to consider. You can tell me anything about yourself, about this matter, um about your connection or relationship to Miss Dora. Um or you don't have to say anything if you don't wish to, but this is your one and only opportunity.

[00:25:14]Well, yeah, I'd like to say that I truly am sorry for for all the things that I did that were wrong.

[00:25:22]Um, I know I have a problem and I know I need help and I want help.

[00:25:31]Um, I I never meant no harm to nobody um or meant any disrespect to anybody.

[00:25:40]Um, I I really I just want want to live a h, you know, a happy sober life and I'm willing to do whatever it takes to to achieve that.

[00:26:04]>> What happened, Mr. Peterson? What happened around 2016?

[00:26:09]um death of my father and the way I was kind of put out of his estate.

[00:26:22]Um it's it's really it's it's more than I want to try to explain.

[00:26:31]I mean it's it was it was bad. I mean I there are things that I have to do yet in order you know to be happy with myself. I mean I have to try to do something about it. What happened?

[00:26:49]It was it was pretty bad.

[00:26:52]I understand estate issues and probate issues and I understand that that can cause frustration and anger and um a lot of emotions in people. It's hard for me to understand that a person I want to say of your stature, a person who has a college education, who owns a business, who has a long-term significant relationship with a person who by all accounts in reading her letter seems like she is stable, she has a structure, she's a good person, um probably a a good influence in the community. It's hard for me to see that.

[00:27:35]um issues in a state in an estate case in a probate matter would cause you to seek methamphetamine. What happened?

[00:27:45]>> It it became I I was overcome overwhelmed with feelings of like unfairness and and and um you know loss of hope.

[00:28:01]the feelings that just just got to me so bad that I just wanted I just wanted release from them. I mean, I'm And plus, you know, I guess I'm I don't know. I'm just different than most people, too. I guess I you know, I never wanted to become addicted to it.

[00:28:22]I made bad choice.

[00:28:24]>> No one ever wants to become addicted to methamphetamine. I'm going to tell you that. Not one person says, "I want to become addicted to methamphetamine."

[00:28:32]>> But it happens cuz it for what it does, I guess. I mean, I'm I regret it.

[00:28:40]I really do.

[00:28:44]It's difficult for me to see and it's hard I'm sure on you to know that uh your loss of hope and it sounds like it involved money and not receiving money or property caused you to seek methamphetamine that self-medication that um need to escape from your emotions and feelings.

[00:29:11]things.

[00:29:13]>> It It was um I I never I never got the legal representation that I that I that I think I deserved.

[00:29:27]>> Oh, >> like it's it's it sounds something I really want to try to talk about.

[00:29:34]>> You back in the estate matter.

[00:29:36]>> Yeah.

[00:29:37]>> Okay.

[00:29:37]>> Yeah. I was abandoned by the legal system. Well, it is what it is. And that was a long time ago, eight years ago.

[00:29:46]>> You're right.

[00:29:47]>> And here we are now, Mr. Peterson. And now you're sitting in that seat. And now you have to face the piper.

[00:29:57]>> Um, you are in a position now where you have to face reality and you are going to be in a position where you need to change your habits.

[00:30:10]You need to change your associates and you need to change yourself because that's the only way you're going to improve your life. You need not only to modify and change your personal habits, but you need to actively surround yourself with people who support you positively so you can positively change yourself and align yourself um with the goals that you want. and spend time with the people who can greatly influence your behavior and your mindset in a positive way. And it sounds like since 2017, you haven't been doing that. You've kept your significant other who appears to be one of those good influences and those good people, but you've kind of kept her on a shelf and for whatever reason, she's been standing by your side. For whatever reason, she's been there continuously and constantly, even though you've been hanging around with the wrong people in the wrong places doing the wrong things, because in no way, shape, or form should you have been with Mr. Dora ever. And you were with Mr. to Kora and you lended her or you lent her your vehicle and now you're sharing the same chair that she sat in and you're going to be in a very similar place that she is today.

[00:31:43]So, choose your friends wisely, choose your associates wisely, because quite honestly, if you don't and you don't change your habits, change your associates, and change yourself, you're going to be right back where you are and right back in prison again for an even longer period of time.

[00:32:05]Now, when a court looks at sentencing an individual, I have to look at certain factors and certain things, and they're called the McCclary and the Gallion factors, and I have to look at the nature and the gravity of the offense.

[00:32:17]How serious is this crime or are these crimes? Then I have to look at your character, the defendant's character, and their past criminal record. Then I have to look at needing to protect the public. I also have other factors and other things that come into play for sentencing.

[00:32:35]Is there an undesirable behavior pattern? What's your culpability, your age, your history, your education? Um, I also have to look at deterrence. I have to look at specifically deterring you from doing similar criminal conduct and general deterrence. Generally deterring others from doing the same thing. so we can try and stop this type of criminal behavior.

[00:33:04]I have considered the arguments of both council and I have heard your statement here today. Um, and I've read the sentencing memorandum and the character reference or letter from your significant other. You have admitted here today to a very serious crime. The delivery of methamphetamine as a party to a crime of greater than three grams but less than 10 10 grams. And as Mr. Schmidt stated, and I usually do state, this is a poison drug. This is a drug that poisons our communities. It poisons our people. It destroys our families.

[00:33:46]Now, had you not received this deal, this offer and recommendation to the court, you had hanging over your head a total of 52 years of prison if this matter were to go to trial and if you were to be found guilty of all of those charges. Okay? But through the negotiation and the discovery process and the fact that your attorney did argue strongly with the state and those facts prevailed that you are not you are not the mastermind here. You are not the one who is more culpable. You are just the one who went along for the ride. You were the one that gave the vehicle so Miss Dora can go do the dirty work. She had the connections. She knew the sources and she got the drugs. You just knew what was going on and you were a part of it. And that's where we are with the party to a crime. You knew what was happening and you're shaking your head up and down because you know you knew what was happening and you were a part of that. So had this went to trial 52 years hanging over your head and it got reduced down to 15 years over your head. significant reduction there. So essentially, you could have died in prison if you've received the maximum possible penalties completely, but you're given a second chance essentially and that is if the court does follow that recommendation.

[00:35:23]I have to look does this rise to the maximum possible penalty here where it could be 10 years of initial confinement or is this something more along the lines of the recommendation of two years of initial confinement. Again, this is a very serious crime. You knew what was happening. You know that this is a poison drug and you know that you are you are part of destroying our communities, our families, our world.

[00:35:49]All right. But again, you're not the mastermind. You're not the one who started all of this. You're just the one that participated and helped along the way. So, this does not mean it is a maximum possible penalty case. You have a lot of positives, Mr. Peterson, a lot of things that are going in your favor.

[00:36:18]And if you do rehabilitate and I'm I'm saying and I'm seeing that you can and that is you have to buckle down and you have to do those things of changing your associates, changing your ways, doing those positive things. Methamphetamine is very dangerous. From the moment your first use, it connects to all the synapses in your brain and it destroys. And it takes approximately 9 months to a year. And now they're finding out perhaps even more of sobriety to get it completely out of your system. That's how deadly addictive methamphetamine is because it attaches in your body. Okay? It's takes a long time to get out of your system. 226 days should be a significant amount of time.

[00:37:14]And hopefully with prison time, it'll be even longer.

[00:37:19]And hopefully, if given the opportunity, you're going to do the earned release program, the substance abuse treatment program, and you're going to learn some things, and you're going to learn how to be sober and other ways to be sober and other things to do to keep your sobriety. So, if you're feeling you have a trigger, you're feeling like you you just need to use, you're feeling like you need to mask your emotions or you need to hide those emotions and you don't want to feel and you want to self-medicate, you're feeling those things, you have other alternatives, other places to go, people to see, things to do so that you don't fall back. So that's going to be the goal because you have all of these positive things and you are not a typical person. You're not the person that we usually see in that chair because you are fully educated. You do have a good business. You do have a strong significant other. You do have all of these other positives.

[00:38:28]So based upon all of the above and all that I have said, I do believe that the agreement here is appropriate for the most part.

[00:38:45]I will follow the recommendation as it relates to the 2 years of initial confinement. All right. with 226 days of jail credit.

[00:38:55]As it relates to the extended supervision, this is where I'm going to deviate from the agreement. And I'll tell you why.

[00:39:04]The agreement has three years of extended supervision. That means people kind of equate it to something like parole or something like um that's what they usually think of when they think of extended supervision. People delay people who don't understand what it is.

[00:39:21]So, with the the extended supervision, I'm increasing that I'm going to increase that to five years of extended supervision.

[00:39:31]And again, here's why.

[00:39:34]Because you have a long-standing history since 2016 of these addiction issues. two since 2016 of self-medicating.

[00:39:45]Apparently since 2016 of associating with people who are putting you in the wrong places, doing the wrong things and putting you in a position or you're allowing yourself to be in this position where you could go away to prison. And quite honestly, if you don't if you don't change your habits, you don't change your associates, you don't change yourself, that 5 years of extended supervision can be converted to additional years of incarceration.

[00:40:20]So that's going to give you more time to understand how serious it is to change your habits and your association, your associates, and yourself.

[00:40:33]going to be more serious sentence for you to understand that it's far more important for you to do those things.

[00:40:46]The court will make you eligible for the substance abuse program under the ERP. You're not eligible for challenge incarceration uh program because of your age.

[00:41:00]again 226 days of jail credit.

[00:41:04]What I am going to do is I am going to assess $5,000 in fines, fees, DNA search charge.

[00:41:18]All cost total $5,000.

[00:41:23]You have $7,500 posted just in bail. you have a separate account for your attorney's fees. Um, any addition, any overpaid bail would be remitted back to whoever posted that. If that's you, you'll get it. If that's your significant other, she will receive that. I am adding additional fines because this again is very serious. You have to understand how serious it is to not associate with drug dealers.

[00:41:52]All right. And uh I do understand from the letter from your significant other that this was money from your retirement. Maybe this is going to make make you think twice before you hang up hang around with people like this again.

[00:42:07]And again, you're nodding your head up and down because you understand.

[00:42:11]And this is a lesson and a hard lesson to learn.

[00:42:15]While on extended supervision, you will have absolute sobriety, no use or possession of any illegal drugs, substances, or paraphernalia, no casinos, no alcohol.

[00:42:31]I'm going to order that you do a program either thinking for a change or breaking barriers.

[00:42:45]regular drug testing when you are released from custody.

[00:42:51]You may not associate with anyone who has um felony convictions uh for drugrelated matters or on felony uh supervision of any kind. Unless approved by your agent, you have 20 days to appeal. Should you fail to appeal within 20 days, you do lose that right. This is a felony. No use or possession of a firearm for life.

[00:43:22]No voting in any election until your civil rights are restored.

[00:43:28]I believe I have covered everything. Mr. Schmidt, am I missing something? Is the court doing anything with ERP eligibility?

[00:43:36]>> I did twice. Said it twice.

[00:43:38]>> I missed that. What did you say?

[00:43:41]>> Said yes, he is.

[00:43:42]>> Okay. Thank you.

[00:43:43]>> Yeah, I think you heard it on your >> All right. Thank you. And we are ajourned.

[00:43:51]>> Did you say anything about >> she just call her on her cell phone?

[00:43:54]It's 715.

[00:43:59]>> He'll do that. He's abusive.

[00:44:02]usually doesn't. So, it's fine.

[00:44:06]>> Oh, see I don't see the messages. They should come this side because I don't >> I don't know how to get them.

[00:44:14]>> All right, Miss Garbo, >> you're good to go. One.