A Family Tradition of Federal Time

[00:00:00]Every day in the USA, people find themselves in court.

[00:00:13]We will go on the record in the matter 24 CF50, State of Wisconsin versus Adam Evans. The state appears through District Attorney Kevin Schmidt in person. We have Mr. Evans appearing in person in custody with his counsel, Daniel Chapman. We're set here today in this matter for the sentencing part of this case. Um, Mr. Evans plead guilty on March 13th to one count of driving or operating a vehicle without consent, a class I felony. One count of burglary of a building or a dwelling as a party to a crime, a class Felony, and one count of driving or operating a motor vehicle without consent, an I felony. We're set. The court ordered the the uh pre-sentence investigation report. The court has received and reviewed the report.

[00:01:07]And I am not sure, but I think there was an error on page 11 as it relates to Mr. Evans's Pulk County case 24 CF40. I don't believe that's the correct case number.

[00:01:24]Yeah, it must be 50.

[00:01:27]>> I believe that was the only error that popped out to me when I reviewed because I don't have as much intimate and personal information as either the state nor the defense. Um, Mr. Schmidt, did you receive the presence investigation report?

[00:01:43]>> I did. I reviewed it. I have no corrections.

[00:01:46]>> Mr. Mr. Chapman, >> I have it. I reviewed it with Mr. Evans.

[00:01:50]We have no corrections.

[00:01:51]>> All right. Thank you. And Mr. Mr. Evans, that's true. Mr. Chapman went over that with you.

[00:01:54]>> Yes, ma'am.

[00:01:55]>> And you could not find any um material errors that needed to be corrected?

[00:02:00]>> No, ma'am.

[00:02:01]>> All right. Thank you. We are in victim's rights compliance. We do not have any victims who are going to be making any statement today. So, we'll proceed to arguments. Mr. Schmidt, >> uh the state is going to be arguing something in the middle of the Department of Corrections recommendation. It's going to be arguing for six years initial confinement followed by four years extended supervision totaling a 10-year sentence on the burglary. The other counts the state's going to recommend following DOC's recommendation to run those concurrent and they gave various uh ranges for that. This recommendation is primarily driven by need to protect the public, gravity of the offense and rehabilitative needs of the offender.

[00:02:46]As to gravity offense, it's it's really high. Uh, as the owner said in his victim impact statement, he had gone through a long time where he had not been burglarized and then he got hit twice within a short period of time.

[00:02:59]This was the second time. He's at a loss because he still hasn't recovered everything that was lost. The nature of the offense, especially in conjunction with the criminal history, means probation would unduly depreciate the seriousness of the offense, especially with the readins.

[00:03:16]The version of events uh that Adam Evans gave in the PSI, I believe is correct.

[00:03:22]Uh when we did the sentencings for the other codefendants, Charles Evans and Shantel Bentley, I I spent a long time outlining all the the physical evidence, all the high-tech digital things we did and explained how it showed that both of those people when they gave their version of events in the PSI gave things that were plainly contradicted by the physical evidence. I argued that was evidence that those two individuals were denying responsibility for it. The account that Adam Evans gives is the account that law enforcement believes fits the evidence.

[00:03:55]Um both Charles and Shantel denied responsibility for entering the uh the black and orange and claimed they were sitting out in the vehicle. So all three people claim that despite the fact that footprint evidence showed Charles did go in and the two people who went in were tall and Mr. Evans has a much broader frame than both of them and he obviously was not the person in there. So to that extent that's something that weighs in Evans favor. He's owning up to what he did. He's actually telling the truth about what happened and he is coming to the court and accepting responsibility in a way that the other two codefendants did not.

[00:04:36]The other side of the coin, the main aggravating factor in this case uh that bleeds into the gravity offense, the need to protect the public and rehabilitative needs is the fact that he did this with his high school age son.

[00:04:51]Uh there are numerous red flashing signs across a lot of the evidence, namely like uh the messages and and whatnot that Charles Evans loves his dad and wants to be like his dad and follows him in many ways for better or for worse.

[00:05:08]Whatever Adam does, Charles will follow.

[00:05:12]We talk a lot in this courtroom about the awesome responsibility that parents have to guide their children. It's not just the things we tell them to do or do with them, but the model we set ourselves for them.

[00:05:25]Adam's youth in the PSI involves some early thievery uh along with consistent substance abuse over a long period of time that crescendoed into that federal prison sentence for a drug conspiracy.

[00:05:38]That sentence robbed Charles of his father for many years. When Adam got out of prison, he starts doing this thievery type stuff with his son. He puts his son on the same path he took when he was Charles's age. And sure enough, while Charles is out on bond in his part of this case, he gets arrested for selling drugs.

[00:06:01]The same behavior that landed his father in prison. The same behavior that Adam's Adam describes his father, Roger Evans, having problems with. And now we have a chain of behavior stretching three generations of men in the a Evans family. From Rogers Mexican cartel activities to Adam's federal drug conspiracy to Charles selling THC. The consistent trend of uh of the thievery related activities from Adam to uh Charles that he says is connected to the drug use. Even though Adam says that his father Roger wasn't involved in thievery and said things like, "I don't like thievery." And that was part of his motivation for getting into it.

[00:06:43]I lay this all out here because this is why family stability, attitudes, and values is in the PSI, why it's a category. Uh these are things that are predictive of f the future should no intervention occur. It sure seems like Charles Evans is still influencable by his father. His father took the skills that it's documented he learned in federal prison and I I suspect it's skills that also built into the employment he was able to procure as well and applied that to his son taught his son skills took his son on that path his son would likely follow. The chain of generational crime could stop with Adam and Charles and thus the community would be protected in the future from crime from either of them. The problem is is that it sure looks like instead it was a different skill set that Adam imparted onto his son or at least taught him for this offense and that is problematic.

[00:07:46]Thus, there's a need to for specific deterrence of Charles Evans, not just for the offense that he committed of the burglary, but who he did it with and who was obviously learning from him and Shantel Bentley. He always had the chance at a bare minimum to keep his son out of this lifestyle.

[00:08:06]You go beyond that. Another problem we look at with uh Mr. Evans that I think is aggravating is his history and his adjustment on supervision. Adam Evans has not made significant gains while on probation. The probationary periods, when you look at the PSI, they've always known there's been an AOD issue. It's never been tackled. Uh the gains they document him making in federal prison, however, have been extraordinary. He got a lot of specific training there. He got his HSED while in there. He did extremely well in a confined setting.

[00:08:41]Thus, there's good evidence that he succeeds best in a confined setting. And we know since he says that the driving force of the burglary here was the substance abuse and the read involves him being in a vehicle with Lyanna Demar's Huer, who had a large amount of meth. We know that's a present issue.

[00:08:58]That's something he still grapples with.

[00:09:01]You never beat addiction. You only ever control it or deal with it. And right now, he's not dealing with it. And he needs treatment. in a confined setting is where we see he's done best at that.

[00:09:13]The duration of the prison sentence should be tailored towards the high end because of the criminal history and because of the aggregating aggravating fact that he's laying the path for his son to do the same behavior in the future.

[00:09:28]It harms the community and to a greater extent harms his son. Seeing a stiff sentence might be something that would specifically deter Charles Evans from continuing that path in addiction.

[00:09:42]And in terms of doing the thievery style offenses in addition to the general deterrence of the public, we talk when we say general deterrence, you know, there's two types of deterrence. There's general deterrence and there's specific deterrence. They're specifically deterring this offender and then there's general deterrence of the public. We can actually see a real general deterrent effect here because we can pick a person out from the general public and see how a higher sentence here would be conveying a message to that person.

[00:10:09]Don't follow that path. So there's a much higher general deterrent effect in this case than we normally see.

[00:10:19]The court should also incentivize Adam Evans to participate in programming in prison by making him eligible for CIP and SAP. Like I said, part of the reason why a confined uh sentence is appropriate for him is because he does well there. So, he should be incentivized to do those just like the feds did. The feds incentives advised him to make himself better and he did.

[00:10:42]He did a lot of things to improve himself in federal prison. I think there's a lot of reason to believe that he might do so again in state prison.

[00:10:50]I just think the court should stagger it so that he can't get the benefits of the program initially. that is just set a period by which he's uh allowed to take advantage of the release portion of it.

[00:11:02]Not staggering it until he can't start it until a certain time, but the release portion because we want him to start it as soon as possible. I would suggest something in the 3 to fouryear range of that because there is a need for actual punishment in this case because of the gravity of the offense for the reasons I outlined before and also for the general and specific deterrent effects.

[00:11:23]So to sum up, the defendant obviously has rehabilitative needs. There's a long documented history of AODDA issues with Adam Evans. There's also a long documented history of thievery related things because when you look at his early history stealing that stuff, these concerns are best addressed in a confined setting because of the lack of success on supervision previously and because there just is a need for punishment here as well.

[00:11:52]Furthermore, the history is aggravating because of the aforementioned pattern of stealing. Thus, there's a greater need for that specific deterrence for this offender. We can't do the same things over and over and expect different results.

[00:12:05]Additionally, the defendant bringing his son into his criminal enterprises and the trends we've seen from his son has been disconcerning.

[00:12:13]Adam Evans got a lot of skills in federal prison. He could very easily use those skills to be a good model for his son.

[00:12:21]Instead, he's imparted the bad skills that he knows to his son. That fact in particular lends towards general deterrence and lends towards a higher sentence. We need to deter both Charles Evans and the We need to deter both Adam Evans and the general public which includes Charles Evans. Thank you.

[00:12:43]>> Thank you, Mr. Chapman.

[00:12:46]First off, people before I ask for your your argument and recommendation from you, um, is there a stipulation to the restitution of $13,840.95?

[00:12:56]>> Mr. Evans would like a restitution hearing on that, your honor.

[00:12:59]>> Okay. So, >> that was part of the offer that he stipulated to that though.

[00:13:03]>> That's stipulating to the amount.

[00:13:05]>> Yeah. Stipulate to rest.

[00:13:06]>> I thought that was that's why I wrote it down.

[00:13:08]>> Can do we have the plea questionnaire?

[00:13:10]Because I actually looked for that on this exact issue and couldn't find it. I don't have it. We've looked and I and it's not in the electronic file.

[00:13:30]Any ones that I would have kept I would have kept up and not and accidentally not provided would be up here. And the only one I have is a Jeffrey Bloom.

[00:13:45]So, why don't we take we'll just take a little bit of time. Um, five minutes enough or do you want 10?

[00:13:53]>> Five is probably fine. Can I step out into the hallway with Mr. Evans?

[00:13:57]>> No, you may not. We will all vacate except for the officer.

[00:14:04]Back on the record, same appearances as previously noted. Um, the court allowed Mr. Evans to have a uh confidential conference with his client.

[00:14:17]Um, the court also then permitted Mr. Evans to go up to his or over to his jail cell to look through his paperwork to see if he had that copy of the plea questionnaire waiver of rights form. Um, he indicated he could not find the copy.

[00:14:33]Is that correct, Mr. Evans?

[00:14:34]>> Yes, ma'am.

[00:14:35]>> Okay. Thank you for looking. Yeah.

[00:14:37]>> Okay. Mr. Chapman, as it relates to I guess that that matter, that issue, >> your honor, I I could tell from my notes that that in discussions over the plea resolution, I had just written down restitution, and it wasn't clear whether that was stipulates to the 13,000 or whatever is in the restitution request, which I believe I hadn't even received at that time, or whether it was we agree that he's joint and severally responsible for restitution. In any case, uh the remedy would not be that the court has to agree with us. The remedy would be if there's no meeting of the minds, the plea would be undone and Mr. Evans does not want that. He is willing to stipulate to the amount requested by the state.

[00:15:18]>> All right. Thank you. So, he is going to request or stipulate to $13,840.95 joint and severally liable with all codefendants.

[00:15:28]>> Yes.

[00:15:28]>> All right.

[00:15:31]Okay. Thank you. Um, now let's move on.

[00:15:34]Mr. Chapman, argument and sentencing recommendation, please.

[00:15:38]>> Your honor, I'm I don't believe that the state and I are too far off in our requests. I agree that a a prison sentence imposed at this time is an appropriate resolution. I think we're just arguing about the amount. I disagree that six years is necessary under the circumstances and instead I'm going to ask the court to impose an initial confinement portion of four years possibly with a lengthier portion of extended supervision.

[00:16:04]I I have concerns about the state's reliance on an aggravated factor of Charles's behavior.

[00:16:12]If this was a case where Charles was 14 and was the mitigated participant and was the one in the car while his father was committing crimes, that would be one thing. But I I think we all agree that Charles was actually a more active participant in this crime than Adam was.

[00:16:33]Uh so it almost feels to me like that argument is asking the court to punish Mr. Evans for prior influ influence on Charles that led him to this day and honestly given the statements of all the parties to law enforcement and given what we know about Chantel's phone records and the fact that she was the one attempting to sell various items that were stolen. I I think Mr. Evans version to the PSI author that this whole burglary of the black and orange was Chantel's idea because she had a specific grievance against that place due to her sister is plausible.

[00:17:18]And while yes, it it says something about Mr. Evans's skills as a father that he did not step in and say, "No, son, you shouldn't do this.

[00:17:32]I I think it was Chantel that was the one that was the brains behind the black and orange burglary and Mr. Evans. Well, Adam Evans is uh the bad parenting in this situation was not saying no. Not that Adam Evans specifically led Charles Evans to this conduct. I I think Charles Evans at this point is an adult and made his own decision and in fact as the person in the bar was the more culpable party.

[00:18:12]So to then argue that this is an aggregated factor against Adam Evans because he's committing crimes with his son, I I don't think he was a bad influence here. I think Charles made his own decision in this case, judge. So yes, he could have been a better father leading up to it, but I don't think the prior examples of being a bad parent should be treated as an aggravated factor in this particular case.

[00:18:42]As far as the actual seriousness of the crimes, judge, while yes, burglary is specifically a serious crime in and of itself, the maximum penalty for for burglary for initial confinement is seven and a half years. And simply based on the facts of the case where Adam Evans was the party who was waiting in the car, I think that puts him specifically in a mitigated role in this case, which does not call for an aggravated sentence. I think four years is a sufficient penalty for a burglary to a bar where a person has a mitigated role in that burglary as party to a crime. And given Mr. Evans's record. I think that takes it into account. Otherwise, I'd be here asking for probation. Uh, Mr. Evans obviously does have a record, but almost all of that was focused on approximately one year in 201 15, I believe, 2014 2015. He had a possession of meth charge. He had a bail jumping charge. And he had the the federal conspiracy case, which ultimately led to five years of prison.

[00:19:50]But prior to that, he didn't even have a felony record. He had, as the state indicated, some thefts early in his record. He had a disorderly conduct and then he went to prison and he got out of prison. And yes, as the state indicated, he he did very well in prison. He also did very well on supervision. He had about he had about four years there that's described in the PSI where he was sober, he was working, he had his own residence, he had his own vehicle, he had regained full custody of his son, which is very difficult for a man to do, especially with a criminal record.

[00:20:26]Everything was going fine until things went bad with his significant other and he left his house. He left his significant other. He left his son and he went back to using. And now here we are, a burglary charge, the operating a motor vehicle charges. I would just point out Mr. Evans tells me he wasn't even there when when they were stolen, but he did assist Miss Bentley in disposing of them. She was attempting to sell them online. She didn't. And then he helped her take the vehicles to the scrapyard and used his ID to scrap them. They didn't even work. But he put them on a trailer which involved operating and he knew he didn't have consent and the meth charge in Buffalo County which state didn't say too much about it. I'm not going to say too much about it either. If Buffalo County doesn't consider it that serious that they just wanted it dismissed and read in with our case, I'd ask the court not to put too much of an aggravating factor on that. But yes, he was in possession of I believe about 13 grams of methamphetamine, which is a lot. I I asked him why it was all in his vehicle at that time. He said he didn't have anywhere else to live at that time.

[00:21:43]So all of his possessions were in the vehicle at that time.

[00:21:48]I believe if the court imposes a prison sentence, the four years that I'm asking for, he he has significant credit at this point.

[00:21:57]>> What is the credit?

[00:21:58]>> I believe 574 days, not including today.

[00:22:02]He's been confined consistently since December 11th of 2024. He's been an inmate worker almost that entire time here at the Bernett County Jail. Uh that would still leave enough time that he would be allowed to and he'd be incentivized to participate in the substance abuse program, which I agree is what's best for Miss Ev Mr. Evans at this time. I don't believe that treatment would be provided in the community and I think he'd be too tempted in this area to go back to using if he were in Arbor Place or Salvation Army or something like that. But I think if he's if he goes to prison, if he does the substance abuse program and he's released to extended supervision, every indication is that a significant period of sobriety before he's released and released to the structured supervision of extended supervision. I believe he will do just as well as he did last time he was released from prison. He has employment available to him. He's got skills. Uh, I submitted a letter from his former employer. He would be happy to have him back. Uh, he's got support in the community from his family. Miss Jensen, who also submitted a letter, has been involved talking to me about his defense, his family, what's going to happen to him when he gets out. Uh, treatment that she believes that he needs before he's released from custody.

[00:23:27]So I do think that when he gets out to extended supervision that will be an additional structure to him beyond just going to prison where he needs treatment in a confined setting.

[00:23:41]So given the fact that he successfully completed his federal supervision for four years last time, I think if the court were to impose say 5 years of extended supervision on this one, there's every indication that Mr. Evans will return to his sober lifestyle and the public will be protected. So, I would ask the court to impose a sentence of four years of initial confinement, 5 years of extended supervision, and then concurrent time on the operating without owner's consent charges.

[00:24:11]>> Thank you. And for the record, I have read the letter from Mr. Trenter as well as um Miss Jensen.

[00:24:23]Mr. Mr. Evans, I'm now going to turn to you to see if there's anything you would like the court to know, you want me to know about yourself.

[00:24:29]>> Yes, sir. I >> I'm sorry. I just realized I forgot to mention that during the time that Mr. Evans has been in custody. He has also participated in both substance abuse programming as a the relapse prevention program here in the jail and to various programming involving parenting and uh community relationships, social values, recovery, maintenance. He's provided with several certificates that he's obtained in the jail.

[00:24:56]>> All right. Would you like those in the court file?

[00:24:58]>> Yes, please. All right.

[00:25:03]Elizabeth court.

[00:25:05]>> These are also >> all right. We'll make sure that these are for sure filed.

[00:25:13]>> Want them back.

[00:25:16]>> She'll make a copy so she can give you the originals back.

[00:25:19]>> What happens is they she'll scan it, put it in the electronic file, and otherwise we throw it away or I can save them and have them sent back.

[00:25:28]>> I'll take them back.

[00:25:29]>> Okay. So, you're done yet?

[00:25:31]Okay. So, >> thank you.

[00:25:35]>> Oh, do you mind if they're stamped and say?

[00:25:37]>> No, that's fine.

[00:25:38]>> Yeah, just go ahead and stamp it.

[00:25:40]>> So, then we'll make sure that you get them back. Okay.

[00:25:42]>> All right. Thank you.

[00:25:44]>> I'm going to wait until she's done. Then I'll then I'll go.

[00:25:47]>> And there was also like I did do another drug one, stop the chaos, but well, Bernett County came and got me before I actually received a certificate there.

[00:25:57]And I was in another parenting class that I was in for about 3 weeks and an anger management class too, but it was a six week thing and I got taken out of that jail before I could finish them.

[00:26:10]>> Where were you housed?

[00:26:11]>> Buffalo County.

[00:26:12]>> Buffalo.

[00:26:14]>> Sounds like they have some really good programs.

[00:26:15]>> They do. And they don't offer nothing like that here, you know, but >> Well, we're just starting and getting up with a new jail. We're trying to build more programs. Um, you know, that could be something that you want to focus on, you know, and while you're incarcerated, if you're going to be incarcerated, and, you know, think of some things and try and help this jail out.

[00:26:37]>> I mentioned it because it was all through Zoom and it's all through the University of Madison.

[00:26:42]>> You know what I would like? Maybe you could write down those things and you can give it to your attorney or you can just send it down through jail mail and then to me so I have it because then I can speak with our sheriff and you know our jail captain and I'll look into the programs.

[00:26:57]>> All right. Thank you.

[00:26:58]>> Okay. I would appreciate that.

[00:27:01]So now Mr. Evans, um, is there anything you want to tell me about yourself, about your history, about these, um, these charges, these convictions, about the victims, about anything that you feel that you want me to know to correct anything that you heard that was said by the state or by your attorney, you have the floor.

[00:27:26]>> Um, I actually have a lot to say, but >> you have time.

[00:27:34]So, growing up was pretty wild. Um, you know, I watched my parents get robbed at gunpoint for drugs. Um, people in the house getting pistol whipped when I was about 7 to 8. You know, I was standing there crying in the doorway while I was watching this. And, uh, I can recall looking on the wall and my dad had a 22 that didn't work. And I thought about grabbing it and trying to scare him, which I probably would have been shot, you know, but I had enough awareness awareness at that time as a child to know not to do that. But I also had a phone in that bedroom and I also was aware that there was illegal stuff going on. So I didn't call the cops because I didn't want my parents to get in trouble. you know, uh there's a lot of uh trauma from back then. A lot of crazy crazy stuff that you might not even believe, but yes, >> I've heard a lot and I believe a lot.

[00:28:41]>> So, we moved to Wisconsin.

[00:28:46]One day, we packed up everything that we could in a U-Haul, came to Wisconsin.

[00:28:52]Um, my dad told me that the cartel was going to kill our whole family. You know, I grew up really fast right then.

[00:29:00]We had guns in every room for bullets for every gun. He taught me how to use them safely, but he told me that these people are coming to kill your family and I need you to be a man and if that happens, help, you know. Um, and not just that, I mean, there was lots of abuse with my mother. Um, I read about all of the people that she dated and those types of things, too.

[00:29:34]I don't know. Like, like it almost sounds like my dad was a monster, but really he wasn't. like there was a lot of bad influences. Um, but really he was a wonderful father in a sense and he was my world, you know.

[00:29:54]>> Well, perhaps I messed that up. It was with your your father. I thought that uh your mother had dated people that were abusive.

[00:30:02]>> No.

[00:30:02]>> Okay, then I sorry I confused that part >> um with the abuse the abuse allegations.

[00:30:09]Yeah.

[00:30:09]>> Yeah. know my dad uh abused my mother quite frequently in the beginning until I don't know until like the last 8 years he was alive. He never touched her again after he went to a domestic abuse class.

[00:30:26]But I witnessed all that. I witnessed the police officers slamming him to the ground in a mud puddle cuz they wanted him to lay down after a domestic abuse, kneing him in the back of the head, in the back. And I actually started trying to push the officers off of them because they were hurt. He was hurting my dad, you know what I mean? Um, growing up there was a lot of illegal things that was just everyday life, you know what I mean?

[00:30:54]I was introduced to a lot of drugs when I was young.

[00:30:59]A lot of illegal activities, big and small, you know.

[00:31:05]Um, but really where I went down the horrible path is when my father died.

[00:31:14]So he uh was at the University of Minnesota for a month with heart issues. He had heart issues for most of his life. And when he came home, he told me he was going to be all right.

[00:31:29]But he uh he was telling my sister and my mother all night that he came home to die, >> but he never told me. He did ask me if I wanted to sleep with him that night because that's how our relationship was.

[00:31:43]Like we would cuddle like he would it was just really hands-on love, you know what I mean?

[00:31:51]Besides all the craziness. But >> did he ever hurt you or your siblings?

[00:31:56]I mean, I got whooped a couple times, but he never really abused me. I kind of his word was boss, you know what I mean?

[00:32:07]And and a lot of things I probably should have been in trouble for, I did with him. So, there wasn't really a whole and I knew not to do other things, you know. I don't know.

[00:32:23]But yeah, he wanted me to cuddle with him that night and I just told him I was gonna sleep with my son's mother and my son and I wish I could take that back cuz the next day he had a massive heart attack in our living room and I tried to bring him back and I couldn't. Um, and that really set my world upside down. Um, and I acted out and I did a lot of bad things that I'm not proud of.

[00:32:54]But we'll skip to the federal sentence through all that.

[00:33:02]Prison wasn't easy.

[00:33:05]I was sent all the way to Bulmont, Texas.

[00:33:08]Never seen my family. The whole time I was there, I was in there. People were getting smashed out the yard. four or five people would jump on people that had bad paperwork or told or child molesters or old money or all kinds of crazy stuff, stabbings, you know, uh about 45 days before I was supposed to go to the halfway house, there was an issue with one of the white dudes who was really high on K2 and was out of his mind. And there was three Uh, no. It's like synthetic THC.

[00:33:48]>> Yeah.

[00:33:48]>> 15, 20 years ago.

[00:33:50]>> Thank you. Okay.

[00:33:52]>> And, uh, there was three Mexicans that were going to jump them. So, I grabbed them and brought them upstairs to get them out of that situation. And then the next thing you know, there was 30 to 40 Mexicans that came all the way around the tier and up the stairs and surrounded us. You know what I mean? It was We got locked down. It was going to be a race riot.

[00:34:13]cuz that's just how it is, you know, in federal prison. Like the white people have to stick with the white people.

[00:34:19]Like I couldn't even sell with a black person or they would smell smash me off the yard. Like it was pretty hectic in there.

[00:34:28]Um, also I was there for the hurricane. They left us in a cell with no AC going because of the power being out and it was just a backup generators with my roomie at 100° and we had to defecate in the toilet for a week without it being flushed. I sat in there smelling another man's feces and mine for a week before they let us flush it one day and then we had to sit on ours for another three days. So then after that, when it was flushed, I uh got the idea that we would just go to the bathroom in a trash can with a garbage bag so we could seal up the garbage bag and we wouldn't have to smell it. I think that's pretty crazy that they would just leave us in a cell going through all that. So I, you know, and then on the whole race ride thing, we got locked down and when I got into my cell, all you could hear is people sharpening knives, sharpening things to use as pokers for when we came out. Luckily, we were locked down for 30 days, so it kind of deescalated everything, you know what I mean? But that was pretty traumatizing, too, you know? Um, but when I got out of prison, I did really well. I had goals, you know. I wanted to get full-time employment. I wanted to get my own place. I wanted to get a car. I wanted to get my child back. So, I saved up enough money in the halfway house, paid first last month and damage deposit on a two-bedroom house because my goal was to get my son. And I did that. I worked at that job for 4 years. And it really helped. And the farming center really helped me because it helped me get on my feet and establish something and have money to do that, you know. Then I bought my own house. That was another goal.

[00:36:27]Um, so during all that, I would grow a garden. Like I showed he says that like my parenting was horrible. You know what I mean? I mean, I do agree there was some bad choices for sure and that I don't want my son going through that, but I can't take it back now. But we would hunt fish, process our own meat, make breakfast sausage, Italian sausage. We shot 13 deer with the bow. You know what I mean?

[00:36:59]We fished. We made smoke fish. We made jerky. Like I said, we had a 20 by 25 garden. And that was just for the main stuff. We had another one for peppers.

[00:37:09]We had the vine plants in another section. You know what I mean? We pickled. We I taught them a lot of good things. We also found the time to go trail riding on our horses. We had six to eight six to 10 horses at any given time. We'd go trail riding for weekends. We would go fishing. We'd go camping up until Yeah. when I abandoned all that because I didn't know what to do, fight or flight, you know, I wasn't really ever taught like I when I went to prison, I didn't want to do drugs. I hated them because it ruined my life.

[00:37:48]But I didn't really realize that my real issue is everything that goes on. I try to mask everything and I try not to deal with it. And you can't run away from everything because you have to deal with things because this is what happens. You know, I I needed tools for that. And I never got tools for that. The only time I was really in treatment was at the farming center, but it I wasn't really there for treatment. I was there for reintegrating into the community, you know? I mean, I did have goal plans.

[00:38:26]I don't know what I'm trying to say is that I didn't everything I did, I wasn't just being a horrible father to him. I did teach him a lot of good skills and a lot of good things and do a lot of fun things that my father also taught me along with the bad. I do agree that I may not have been a great influence.

[00:38:46]And I uh the first time I got to go to group with my son in here, I uh cried like a little baby in front of eight different men because I'm sitting in a in a room with my child that used to be my baby. You know what I mean?

[00:39:05]>> Sitting in jail with your child.

[00:39:07]>> Yeah. In a room in jail and we're both in orange. That's not cool. I understand that. Trust me. I don't want this for him. And at that point, I couldn't even tell him, you know, like how proud I was of him of graduating and because not only was I in jail, but I had an old contact for 25 months with my only son and couldn't talk to him. So even when he was doing good, I couldn't encourage him. I couldn't be there for his graduation, which was a big deal. He worked his whole life for that. You know what I mean? And not only was I not there for that, but at prison and before prison because I was selling drugs. I didn't want him around that. So, I missed out on time then. You know what I mean?

[00:39:55]Um, but I tried to >> Please don't bring your son deeper.

[00:39:59]Please don't.

[00:40:01]>> I I don't plan on it. Like, I got to encourage him after you made it to where I could talk. I sent you that letter and you amended stuff and I got to encourage him that this is where it needs to end.

[00:40:14]I don't want his son or his daughter here. I don't want him here. I want him to do good.

[00:40:21]He's better than this. Like I know that there was a lot of good things said about him at court, too. And I feel like regardless of what I've done, I've instilled some of them good things in him, too. You know what I mean? Not everything I've showed him is bad. You know what I mean?

[00:40:39]But I do agree that this is horrible.

[00:40:42]I don't I don't want to be defined as this though and I am going to do better and I am going to kick this habit.

[00:40:49]>> Tell me about the burglaries and I'm going to tell you when the warrant was done there was suspicion that you were engaged in other burglaries. You're not going to be charged with those. That's not the thing. But tell me about what you did here and why you were doing good.

[00:41:07]>> Cuz I left my house. The ex there was abuse going on there with her to me and I didn't want my son around that.

[00:41:17]>> How did you get with Chantel who happens to be your son's aunt?

[00:41:22]>> Because I was doing drugs at that point and I was on a downward spiral.

[00:41:29]Did you do the drugs in front of your son?

[00:41:31]>> No. That's one thing that I like I have smoked marijuana with him.

[00:41:38]>> But not good.

[00:41:39]>> Oh, I know. And I've drank with them, but I never did no hard drugs with them or in front of them. That's one thing I would not do.

[00:41:47]>> So, tell me tell me about why why you were convicted. Tell me about this crime.

[00:41:55]It just came up mutually and and I allowed it to happen. You know what I mean? I I don't really know what to say.

[00:42:03]I wasn't in my right state of mind. And if I wouldn't have been using, I would have never allowed it to happen. And I even knew that it was wrong. But at the time, I just let it happen. You know, I wasn't thinking clearly.

[00:42:16]>> How did Charles get involved?

[00:42:20]>> Because he was around. You know what I mean? He was my best friend kind of. You know, >> best friend in crime.

[00:42:28]>> Well, not Well, I mean, crime happened.

[00:42:30]Yes, obviously. But he was my friend.

[00:42:36]Where's your remorse? I hear your remorse with teaching your son bad things and engaging him in criminal activity.

[00:42:47]Where's your remorse for what you your actions or conduct as a party to a crime? Still as still involved as a party to a crime. Do you have remorse for the victims?

[00:42:59]>> Of course.

[00:43:00]>> Tell me about it.

[00:43:02]>> I have a lot of remorse. You know, I've been locked up for >> long time.

[00:43:10]>> Long time. And I think about it every night, every day. All of this. You know what I mean? Last night I probably slept two hours and I probably had seven hours in the last three nights. But I think about what I've done to these people and to my son all the time.

[00:43:26]>> What did you do to these people?

[00:43:28]>> I took things from them. I made them feel like they're not safe. Their property is not safe. You know, I've probably damaged.

[00:43:40]>> You have anything to say to them?

[00:43:43]>> Yeah.

[00:43:43]>> What? that I'm sorry.

[00:43:46]I didn't mean for this to happen. If I could change it, I would.

[00:43:49]>> You meant for it to happen.

[00:43:52]But >> you know what I mean?

[00:43:54]>> Yes.

[00:43:56]>> But if you could go back and change things, you would do it differently.

[00:44:01]>> Yeah.

[00:44:04]>> Do you have any remorse for your sister, um, Miss Jensen, who who put up $15,000 for you and you fled? up.

[00:44:12]>> They could have taken it all.

[00:44:13]>> I know.

[00:44:16]>> She could have lost her house.

[00:44:17]>> I know. That's another list of things to add to my issues.

[00:44:24]>> Yeah, she's still I'm thinking this is No, you're not. Okay. Well, she still sent a letter and said all kinds of good things.

[00:44:31]>> She's sick this morning, man.

[00:44:33]>> Is here.

[00:44:36]My cousin Tony and his significant other and my boss or my friend, longtime friend and >> ex- boss. Yeah.

[00:44:44]>> Excellent. Love tree guys. They're great. Costs a lot of money to remove a tree, but hey, heck.

[00:44:51]>> Depends. Yeah.

[00:44:52]>> Yeah, it depends.

[00:44:54]Where are you located, Webster? Great to know.

[00:44:58]All right. Um, anything else you want want to let me know?

[00:45:07]>> Just like to take the time to apologize to them and my family, the community, and the victims and the courts. Thank you for this time.

[00:45:16]>> Thank you, Mr. Evans.

[00:45:25]>> I apologize if my voice is going up and down and whatever. or I don't know what's happening with it the last couple of days. So, if you don't hear something or you don't understand something I say, please let me know. I want to make sure that you understand everything. If you need to ask your attorney something, then you may do so. Um, okay.

[00:45:45]>> Yes, ma'am.

[00:45:48]>> I have read the letter from Miss Jensen and I have read the letter from Mr. Trenter and I have heard from both the state as well as your attorney. I also read the victim impact statements um that were written I believe um and what had happened and how it affected them.

[00:46:20]I don't even know where where to start because quite honestly there's some positive things here and there's some negative things here and how do I weigh that and what do I do?

[00:46:34]I'm going to tell you in black and white and reading this and the the PSI which has a whole lot of information and then hearing the argument from the state, it's very compelling to send you to the maximum possible penalty for each of the crimes which could be consecutive for 10 and a half years in prison.

[00:46:58]And I'd like to say I I here's the thing.

[00:47:05]On one hand, you are a super great dad who does the hunting, who does the gardening, who does the canning, who shows your son how to do positive things and and probably work with your hands and fix things because he's very good at that.

[00:47:24]And then on the other, so be that dad.

[00:47:25]That's the dad I want you to be. But on the other hand, I have the dad that is sneaky and sly and manipulating and who is teaching his son to do criminal activity, which is really bad.

[00:47:45]I've had the pleasure of knowing Miss Charles. I'm going to use his first name knowing Charles and of uh knowing Chantel Bentley in multi in depth with all of them.

[00:48:01]The state does confirm that your story and what happened during the burglaries is most likely what occurred to me and in knowing all of the parties in the depth that I know because I've now learned a whole lot about you, Mr. Evans. In the depth that I know, Chantel was the manipulating instigator controlling this event and starting it and then because you were not be well as a result of you being under the influence of a substance and under the influence of Chantel and I'm sure there are multiple ways that she manipulated you.

[00:48:51]You followed the the worst part of it is that you didn't say Charles stay away. He was 17 years old or 16 years old.

[00:49:04]>> 17.

[00:49:04]>> Did he just turn 17?

[00:49:06]>> He was 17. Yeah.

[00:49:07]>> 17 years old. Still in high school in his senior year.

[00:49:13]and he had to be in jail during that time or a lot of that time.

[00:49:21]And then he was he was was thank thankfully um for him I guess released on a monitor that monitored everything that he did for I believe it was over a year or almost a year.

[00:49:38]but he graduated and so that is something that you should be very proud of and he has goals and he wants to achieve them.

[00:49:50]Those are the things that you need to help encourage, not criminal activity.

[00:50:02]Because a father's supposed to protect your children. You're supposed to be the one to guide them, to keep them safe from harm.

[00:50:15]And at that particular time, you were not a great dad.

[00:50:19]>> Yes, ma'am.

[00:50:23]It makes a whole lot of sense hearing about your father and his involvement in the Mexican cartel and your history from your words. I got most of it. I got most of it from this three sense investigation report. Not all of it, but I got most.

[00:50:41]and the fact of all of the tra traumatic things that you that you had to endure during your childhood, then I can easily see that your dad again, he had good traits, but he was not a good dad to teach you how to sell drugs and to teach you the crime and to be that person. um that doesn't respect the law.

[00:51:21]I agree that you do need treatment and it needs to be in a confined setting.

[00:51:27]I believe that after release, you need more treatment, probably in another confined setting such as Farm and Center or um Hazelton or something like that because I believe both will help you because we are talking. How old are you?

[00:51:51]>> 37.

[00:51:51]>> You're 37 years old.

[00:51:55]37 years old and you have been if I recall correctly it was very young I think younger than 15 when you started using drugs >> 12 >> 12 yeah you were very young >> so it is ingrained in you you have to learn how to rip that out and take control of your life and your sobriety I have three recommendations here. One from the Department of Corrections recommending a sentence of either of five years in to the max of 7 and 1/2 years in and then one and a half years in for the other two, but to have them run concurrent.

[00:52:44]And then I hear the argument from Mr. Chapman.

[00:52:49]He makes a pretty good point.

[00:52:52]Maximum possible penalties with crimes should be the most offensive, the most perhaps um violent or aggressive because there's a spectrum.

[00:53:07]and you look at this the low end of you know one year jail or prison to the maximum of seven and a half years and you look at that individual and you look at their life and what's affected it you look at their criminal history and where you are with that you look at the um the you have to think now is of a sentence that will as Mr. Schmidt said, "Deter you specifically, you specifically from continuing in criminal activity and conduct." And to generally deter others from engaging in criminal conduct, it has to be harsh enough to do those two things.

[00:53:50]And Charles is part of that general public. I'm hoping upon hope that he has learned and uh that he understands jail's not fun. I believe on the other case of him selling uh THC intent to deliver, he had one year of jail to sit and that's a lot for a now 18year-old to have to sit that much time.

[00:54:20]My condolences for the loss of your sister. Thank you.

[00:54:24]>> It sounds very It was sounds like it was a very tragic thing.

[00:54:28]Um she was young. She had a whole life ahead of her, too. And I know that's going to impact you and it has impact you impacted you and you need to talk about this. Hopefully there's um you'll be able to while you're incarcerated.

[00:54:49]I know your family supports you even with the things that you have done.

[00:54:54]I get these glowing um statements and but for the fact if he's under the influence, I'm sorry. I didn't mean to bring up your sister and I want to make sure that you can that you're hearing me and I'm sorry that I'm sorry I should have waited until the end, but I feel for your loss.

[00:55:15]>> It's just another thing. It's that's hard to deal with in here, you know.

[00:55:20]>> I understand. I do.

[00:55:23]And the reason I did not let you out to go to her funeral, A, is because these are serious felonies and B because you've you've I can't think absconded. You've absconded for on me before and it was a long time before you were arrested in Buffalo and then came back.

[00:55:46]I couldn't trust that you would come back. So >> understand you can make peace.

[00:55:55]>> So these are serious offenses and especially as we're dealing with burglaries. Um you never know what could happen. You never know what could go wrong. People could get hurt. um the business owners there. We've had robberies at night where lights are off and the business owners are just doing their last bits of things or doing whatever and people break in. That could have caused some serious injuries or death to one to one who broke in or to the owner. It's a huge risk to everybody and it's a loss to the victims of all of the property and their safety and their security. And now there's fear and worry and apprehension.

[00:56:48]And you mix being under the influence of a substance and the increase of the risk or the risk of the risk and the penalty could increase. It could um cause more things that you weren't expecting.

[00:57:10]I've looked at your history. I have looked at your criminal history and where it got more serious and when you finally had your first felony conviction and in looking at your prison time.

[00:57:26]I've heard stories of prison. I've heard stories of federal prison and it depends on the the crime that's committed. Is it a blue or is a some kind of >> I would say person crime versus another person. um that there are different levels of federal prisons. Sounds like you were in one of the worst.

[00:57:48]And I do feel for you and I believe you with the things that happened.

[00:57:59]That wasn't enough to deter you from committing more crimes.

[00:58:04]And I understand that you started using substances again, but that's no excuse.

[00:58:15]Your brain should have went back to what happened in prison. What happened in prison? I don't want to do that anymore because as you said, you could get seriously injured or even die in prison.

[00:58:37]very interesting to me when I hear things that occurred in different prisons. So, thank you for sharing.

[00:58:48]After you were released from prison, you were doing so well.

[00:58:54]You were on the top of the world at that time.

[00:58:59]and it was for a significant amount of time.

[00:59:05]And then you let somebody else's behavior dictate and control and lead you down the other path.

[00:59:15]And I know it was because you were trying to self-medicate. You were trying to feel better or you were trying to forget all of the things that were happening at that time. But look where it led you.

[00:59:28]Are you strong enough, Mr. Evans, to take control and really take control of your life?

[00:59:35]>> Yes, ma'am.

[00:59:39]>> I want to see you as a grandpa sitting on a chair reading to your grandchild.

[00:59:46]I don't want to see you continuing to be an orange or to have Charles visit his son or daughter through bars or you know plexiglass or glass.

[00:59:59]>> Yeah.

[01:00:01]>> And I'm going to tell you and this is serious.

[01:00:07]If you do not make the changes you need to make, if you do not gain control of your life, Charles will follow you.

[01:00:15]He will.

[01:00:17]And it doesn't matter if he's graduated from some type of um school. If doesn't matter if he's had years to learn how to be a plumber, it doesn't matter if he's an apprentice to learn how to cut trees and to do those things. He will follow you if you continue and you go back down the criminal road.

[01:00:37]I don't want to see that. He's a nice young man, but for the fact that he followed you and Chantel, >> there are things to be proud of and how you raised him. I want to make sure that you understand. I see them.

[01:00:54]>> Thank you.

[01:00:59]So looking at the public here we have to look at the public and we have have to look at that deterrence factor and we have to look need to rehabilitate see that you get some um some treatment that you need. I just want to make sure that I cover everything um specifically what doc said. Oh, and the fact that you overdosed. I missed that. You could have died there.

[01:01:35]I think I covered everything. I think I've uh said everything that I need to say because this is serious. Everybody acknowledges this. I understand the background. Um and here we need to look at protecting the public.

[01:01:52]What the court is going to do as it relates to the I felonies.

[01:01:58]I'm going to sentence you to 1 and 1/2 years of initial confinement, 2 years of extended supervision.

[01:02:06]They will be concurrent to each other.

[01:02:11]With regards to the burglary, what I'm going to do is I'm going to um sentence you to 5 years of initial confinement with 5 years of extended supervision.

[01:02:33]and I'm going to allow you to engage in the challenge incarceration program or other earned release programs such as the substance abuse program.

[01:02:44]However, I'm going to state that you must that you can't engage in the program until you have two and a half years left to serve. That gives you plenty of time to do the substance abuse programming and to get through that.

[01:03:01]and it gives the punishment factor and that the the fact that the court is trying to deter others. You have five 574 days um of credit as of as of today but not counting today.

[01:03:16]>> Correct.

[01:03:17]>> Thank you.

[01:03:22]I am proud of you, Mr. Evans for the things that you have been doing in jail and to improve yourself and to improve you as a as a parent.

[01:03:34]I see that otherwise I could say no engaging in these programs.

[01:03:43]I know that you need substance abuse programming. I do. But I'm going to give my spiel about the challenge incarceration program. That's one that I fully back. It is such a great program and I'm going to tell you, I went and I saw the uh men and the women who were engaging in that program and how successful they are. It's work.

[01:04:07]It's hard work. It's harder than the substance abuse programming, but it does different things for your mind and for your soul and for your body. And I was so impressed by the inmates that I saw in that program.

[01:04:29]With regards to conditions when on extended supervision, the court is going to order that there is absolutely no contact with Chantel Bentley.

[01:04:44]I'm going to order absolute sobriety, no use or possession of any illegal drugs, substances, or paraphernalia, regular testing, continued substance abuse programming.

[01:05:02]Are you going to stay around here?

[01:05:05]>> I don't know.

[01:05:07]>> It's to be decided, I guess. be decided.

[01:05:10]What I'm going to to order is um participation well apply for and participate in the treatment Bett County treatment court if your agent with agent approval or if the agent decides. Okay. I'd love to see you go through that program.

[01:05:34]>> It's tough. It's tough.

[01:05:35]>> Drug court.

[01:05:36]>> Yeah.

[01:05:37]>> Change it to treatment court. Yes. Okay.

[01:05:39]I was actually I put an application for that, but I never heard nothing back.

[01:05:44]So, but >> yeah, we wait until somebody is sentenced to know where what whether or not Okay.

[01:05:51]>> we can admit them.

[01:05:53]>> But, um I'm not going to order that.

[01:05:55]That's a ne necessary thing. But, if you want to do it when you're out of when you're released and on extended supervision um yourself, just tell your agent. I think it would do you good.

[01:06:12]gainful employment.

[01:06:22]I'm going to also order um either criminal uh a criminal thinking either breaking the barriers um or thinking for a change um because that could help you as well.

[01:06:43]Before I go on to the other stuff that I have to state on the record, am I missing any kind of condition that you see, Mr. Schmidt? Oh, no contact with victims or businesses or residents.

[01:06:57]>> Um, I don't think you said restitution.

[01:07:00]>> Oh, thank you. But what?

[01:07:02]>> Oh, yes. Oh, sorry. And all of them will be concurrent to each other.

[01:07:08]Um the restitution I'm ordering for $13,840.95.55 joint and severally liable. Um I'm going to state that uh the restitution search charges, court costs, and fines are to be collected at the percentage that's determined by the Department of Corrections to be reasonable um while you are in prison. Um, so I'm not going to order a specific amount right now because they will take by statute. The DOC gets to decide what percentage they think is appropriate.

[01:07:47]When you are released from custody, I'm going to order that uh your payments then be um $250 a month.

[01:08:02]If when you're released and and you need time to find a job or you can't go back to Mr. Trener's um employment um then write me a letter so that I know um I will state that um your payments will not begin I'll give you some time I'll say until two months after release.

[01:08:21]>> Okay.

[01:08:22]>> Thank you ma'am. But if you have a significant or substantial financial hardship at any time when you're on extended uh supervision and you can't afford that amount, you need to write the court so I can have a hearing so I can go over your debts, your what you pay, your bills, and your income. I'm going to tell you that sometimes when people do that, I increase the amount because I'm able to see that there's more money there. Okay. Um, you have 20 days to appeal. Should you fail to appeal within 20 days, you do lose that right. I need your DNA. You're going to provide that DNA. Um, you have the ability to request it be expuned, but with this level of a of a felony, it's not really possible, but you can try.

[01:09:11]Um, this is a felony. No use or possession of a firearm for armed for um life. No voting in any election until your civil rights are restored.

[01:09:22]Anything else I'm missing, Mr. Chapman?

[01:09:24]>> Not that I can see.

[01:09:26]>> 574 days of jail credit.

[01:09:30]I think that covers everything.

[01:09:33]Oh, sorry. And cost and fees. Thank you.

[01:09:36]Um, with regards to it's going to take you a long time to be able to pay that off because it goes to restitution first.

[01:09:47]I'm just going to do uh $250 the DNA search charge for all and that's mandatory and I have to do that. I'm waving the rest of the court costs and fees. I need you. I want you. So do the victims to pay that restitution.

[01:10:03]And I know it's joint and severally liable. And I know that, you know, it should be split three ways, but the victims need to be made whole. And there's other recourse that you can do to go after, not that you're going to go after your son probably, but to go after another part of that if you pay it all off.

[01:10:26]All right, I think that covers everything.

[01:10:30]Good luck, Mr. Evans.

[01:10:32]Please take control of your life and take control of what you do. Okay.

[01:10:39]>> Thank you. And I plan on it.

[01:10:41]>> All right. Thank you. We are ajourned.

[01:10:43]>> The gavl falls in a Wisconsin hall.

[01:10:49]Five long years behind the prison wall.

[01:10:56]Adam brought Charles to the black and orange bar while Chantel made plans to strip the stolen car.

[01:11:08]The shadow of the father blocks out the sun. A dark path of death that cannot be undone.

[01:11:19]You must break the cycle to save your only son. The sins of the father.