Pubdate: Thu, 20 Dec 2001
Source: La Crosse Tribune (WI)
Copyright: 2001, The La Crosse Tribune
Contact:  http://www.lacrossetribune.com/
Details: http://www.mapinc.org/media/229
Author: Randy Erickson

MAYOR'S STEPSON GETS JAIL IN POT CASE

The stepson of Mayor John Medinger pleaded guilty to two drug-related 
charges and was sentenced Wednesday in La Crosse County Circuit Court.

In a negotiated plea agreement, Justin Baumgartner pleaded guilty to 
being a party to the crime of warehousing a controlled substance, a 
felony, and possession of marijuana within 1,000 feet of a school, a 
misdemeanor. He also pleaded guilty to disorderly conduct, also a 
misdemeanor.

Under the agreement, no conviction was entered on the felony charge, 
and the charge will not go on his record if he successfully completes 
the two years probation he was given by Circuit Court Judge Michael 
Mulroy.

Baumgartner's sentence also included 20 days in jail, 100 hours of 
community service, a six-month driver's license suspension, an 
alcohol assessment and a ban on consumption of alcohol and other 
intoxicants. He will submit to random tests to ensure compliance of 
the intoxicant ban.

Several other charges related to drug dealing were dismissed. Both 
Assistant District Attorney Todd Bjerke and Michael Colgan, 
Baumgartner's attorney, emphasized that the charges were dismissed 
not just as part of the plea agreement but on a "factual basis."

The dismissed charges related to drug dealing, and Bjerke said 
Baumgartner "was not at all involved in the distribution of 
controlled substances."

The use and sales of marijuana were going on at Baumgartner's house, 
but it was a roommate who was doing the dealing, Colgan said.

"He (Baumgartner) knew it was going on and allowed it to go on," he said.

Colgan asked Mulroy not to impose a jail sentence. "I personally 
don't feel that jail is necessary," he said. "He's a good young man. 
He's never been in trouble before. ... He's ashamed of his behavior."

Bjerke asked Mulroy to give Baumgartner 30 days in jail, in part to 
send a message to others.

Mulroy agreed with Bjerke that a jail sentence was called for, giving 
Baumgartner 20 days with work-release privileges and credit for one 
day already served.

"There are purposes in sentencing other than for just you to see the 
light," Mulroy said.

Mulroy told Baumgartner he was getting a chance to avoid having a 
felony conviction on his record. "I'm sure you realize the 
significance of that," Mulroy said. "You have to walk a fairly 
straight and narrow line for the next two years."
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