After Probation Revocations and New Felony Conviction, Wymore Man Avoids Prison Term
Wymore man granted probation, with a warning if he violates terms of the sentence
BEATRICE – A Wymore man has been sentenced to a new term of probation, but a judge made clear that any more non-compliance will be met with a prison term.
41-year-old Justin Thomsen was ordered to serve a four-year probation sentence for felony possession of methamphetamine. His probation sentences granted in 2017 and 2018 cases were revoked, and he received two-year probation terms, to be served concurrently with the four-year probation.
Deputy Gage County Attorney Michael Wehling sought incarceration.
"I don't like to see people here, over and over again, I don't think the court likes seeing people here over and over again. I think the only way to prevent this court from seeing Mr. Thomsen in 2020, is to send him to prison. It appears that probation is not working out, for him".
The 2017 and 2018 cases involved attempted possession of meth. Thomsen’s attorney, Chuck Bentjen requested probation, saying his client took responsibility for his actions while being with others who may be more culpable.
"I think Mr. Thomsen is worth keeping on probation. Perhaps extending probation. But, I have no doubt that Mr. Thomsen is going to be successful. I think there are other parties involved that perhaps may be more culpable than Mr. Thomsen, who stood up and took responsibility".
Thomsen spoke to the judge prior to learning his sentence.
"For the first time in my life, things are going the way they should be. I haven't got the desire....I'm too old for this. Things are just going really well and it would really be a bummer if I had to go to prison now. My job, my kids are doing great....things are just going really well right now and I'd like to keep that going".
Gage County District Judge Rick Schreiner said Thomsen is not a victim of other people’s actions.
"You are not taking responsibility for something that somebody else did. If that's the case, then lightning has struck three times in the same place, in three years. So, I don't believe that argument, at all".
Schreiner said Thomsen has done well over the past six months but has been involved in criminal cases the past three years.
"Do you have any idea how many people come into this courtroom and tell me that....learned my lesson and I've changed? Everybody sitting in that chair says the very same thing. People say a lot. I watch what they do".
The judge said he granted probation, against his better judgment. He told the defendant, “if you mess up during that time, I’ll send you to prison and I will run your sentences consecutively”.
In a separate case Thursday, 39-year-old Aaron Burr, of Beatrice was sentenced to two years in state prison for possession of methamphetamine. He was given credit for 37 days spent in jail.
In a third case, Judge Schreiner reprimanded 35-year-old Nathanuel Workman, of Wymore and kept him on his current probation term, as a reward for progress he’s made. Workman was originally placed on two-year probation terms for negligent child abuse and attempted drug possession...charges in two separate cases.