Serving Gogebic, Iron and Ontonagon Counties
Serving Gogebic, Iron and Ontonagon Counties
By RALPH ANSAMI
Hurley — Iron County Judge Patrick Madden on Tuesday gave a Superior man who previously pleaded no contest to a heroin count one last chance to stay out of prison.
Bernie Sanders, 47, had received a deferred sentence in 2015 on a charge of possession with intent to deliver heroin.
On Tuesday, acting Iron County District Attorney Fritz Schellgell recommended Sanders be sentenced to 18 months in prison and 18 months of extended supervision for violating conditions set in the deferred prosecution agreement.
Sanders appeared in Iron County Court by telephone and told Madden he was being held in the St. Louis County Jail in Minnesota for 30 days for violating a restraining order imposed there.
Schellgell said that action was contrary to the agreement Sanders signed in Iron County.
“These are serious charges,” Schellgell, said, also referring to four charges that had been dismissed, but read into the record for sentencing purposes, including receiving stolen property.
Schellgell said Sanders “had been given every opportunity to right the ship,” but failed.
The heroin charge is a Class E felony that carries a sentence of up to 15 years in prison and a fine up to $50,000, Schellgell pointed out.
A bail jumping charge is punishable by up to six years in prison and fine up to $10,000.
Sanders’ attorney, Sam Filippo, questioned whether the deferred entry judgement agreement was exclusive to Wisconsin. Even though his client was being held in jail, Filippo said Sanders “seems to be doing better.”
Filippo recommended the agreement be extended, rather than placing Sanders into the Wisconsin prison system.
Madden said Schellgell had presented a “convincing case,” however the judge extended the deferred prosecution agreement for 90 days. He said Sanders must continue to report to Dan Johns, a court-appointed representative of the DA’s office. Earlier testimony showed that has only been happening about 40 percent of the time.
“You must cooperate in every way, every day,” Madden told Sanders over the telephone set-up.
Sanders said he understood and would contact Johns immediately after the court proceeding.
“If you fail to comply with all terms, you will sentence yourself to prison,” Madden said.
Johns and Iron County Veterans Service Officer Erick Nasi were in court Tuesday to offer background for the case.
