ADULT FELONY PRE-SENTENCE INVESTIGATION

STATE OF MINNESOTA, DEPARTMENT OF CORRECTIONS

COURT FILE # 46-CR-08-509

C L I E N T   I N F O R M A T I O N

O F F E N S E   I N F O R M A T I O N

PLEA NEGOTIATION:

Defendant has been referenced to adult Court and the defendant plead to amended Count III and dismiss all other counts.  Defendant will receive an adult sentence, felony probation, and other conditions left to the Court.

OFFICIAL VERSION: 

On August 26, 2007, at approximately 12:12 am, Theodore Jones was driving a semi truck eastbound on Interstate 90 (I-90) in Martin County, Minnesota, when he was struck in the head by a bowling ball that had been dropped from the 230th Avenue overpass. The bowling ball came through the front windshield of the semi tractor and struck Jones in the head, in the area of his right eye. Jones was knocked unconscious. Jones's wife was asleep in the sleeper cab of the semi. The semi continued eastbound out of control. It crossed the center median, through the westbound lanes of traffic, and crashed 200 feet into the corn field on the north side of the interstate. Jones was air lifted to St. Mary's Hospital in Rochester, Minnesota. He suffered what was initially described as a closed head trauma, a traumatic brain injury with a loss of consciousness, and a complex right facial fracture.

Jones's wife, Dawn Jones, located the bowling ball on the floor of the cab on the passenger side. It was discovered the next day that the bowling ball had been stolen from the backyard of a residence in Fairmont, Minnesota. The damage to the semi truck and trailer amounted to in excess of $3,000. Additional damage had been done to approximately 200 feet of planted corn.

On October 3, 2007, Fairmont Police Officer Jaime Bleess received an anonymous tip that Andrew Jon White (DOB: 08/14/1989), and three other male juveniles participated in dropping the bowling ball off of the overpass. On October 4, 2007, Bleess interviewed White at the Fairmont High School. Bleess told White that he had information that White was involved in the bowling ball incident. White first denied being there, but eventually admitted that he was there on the overpass but was not the one who dropped the ball. He stated that with him were B.D.B.  (DOB: 10/23/1989), J.B.S. (DOB: 09/27/1991), and Jimmy Michael Green (DOB: 07/27/1990). White stated the four of them had been driving around in J.B.S’. motor vehicle when they stole a bowling ball from the top of a fence post in the backyard of a residence. They then drove out to the Interstate 90 overpass east of Fairmont and were playing with the bowling ball and rolling it around. White said that they had heard that someone had dropped a cinder block off that bridge once in the past and hit a trailer. White said that they thought that was kinda funny, but not safe. White said that they then dropped the bowling ball onto the interstate the first time to see if it would crack. White said that they then all got back in the vehicle and drove down onto the interstate, picked up the bowling ball and brought it back up to the overpass. White said they all got back out of the vehicle and stood on the overpass again with the bowling ball. He said that they saw a semi truck coming from the west, traveling east. White said that they intended to drop the bowling ball on the trailer of the semi. White said that he knew that dropping a bowling ball on a semi would cause fear of injury for the driver. He said that they were trying to time it right so that the bowling ball would hit the trailer, but they dropped it too early. White stated that B.D.B was the one who dropped the ball on the semi. White was placed under arrest and transported to the Martin County Law Enforcement Center (LEC). At the LEC, White was interviewed further and admitted that the driver would have been afraid when the driver heard the crash from the bowling ball.

On October 4, 2007, Officer Bleess next interviewed B.D.B. At first B.D.B. denied that he had dropped the bowling ball, stating that he was a good kid. B.D.B. eventually admitted that he never meant to do what he did. He stated that it was meant to be a practical joke. He admitted to dropping the bowling ball off the overpass bridge onto the semi. He stated that he and Jimmy Green, White, And J.B.S. were driving around in J.B.S’. vehicle when they stole a bowling ball from someone's yard. B.D.B. said that they went out to the bridge over the interstate and started talking about dropping the ball onto the interstate. He stated that one of them dropped the ball onto the interstate to see what would happen. He could not remember which person dropped the ball the first time. He said that they all went down and picked up the bowling ball and brought it back up on the bridge. He said they started talking about dropping the bowling ball on the trailer of a semi. He said that he knew it would be really bad, and that there were so many things that could go wrong. He said that he saw a semi coming from the west and someone said, "Dude you should hit the trailer of that." He said they waited for the semi to come to the bridge where they dropped the bowling ball, meaning to hit the trailer, but he dropped the bowling ball too soon. B.D.B. was placed under arrest and transported to the Martin County LEC were he was interviewed further. He was asked why he dropped the bowling ball on the semi. He stated that he was not trying to hurt anyone, but admitted that he was trying to scare the driver of the semi.

That same day Bleess then interviewed J.B.S. at the high school. At first J.B.S. denied being involved in the incident. He eventually admitted that he had been driving around in his motor vehicle with White, B.D.B., Jimmy Michael Green and another male juvenile B.C.C. (DOB: 09/13/1989) the night in question. He stated that they stole a bowling ball off of a post, and that White was the one who took the bowling ball. He stated that they then went to the overpass bridge on I-90 and that all five of them got out of the car and stood on the bridge. He said that they threw the bowling ball off the bridge onto the interstate once and watched it roll to the side of the road. He stated that it was either B.D.B. or White who dropped the bowling ball the first time. He stated that all five of them then got into his vehicle and drove down to retrieve the bowling ball. He stated that they were going to try and throw the bowling ball on top of a semi trailer. He stated that B.D.B. was the one who then dropped the bowling ball onto the semi. He stated that after B.D.B. dropped the bowling ball onto the semi they all got back into his car and took off. J.B.S. was placed under arrest and transported to the Martin County LEC. At the LEC he was interviewed a second time. He admitted that he and the other four individuals knew that dropping a bowling ball on a trailer of a semi could scare a driver or make the driver afraid that he would be hurt or injured.

That same day, Officer Bleess then interviewed Jimmy Michael Green at the Fairmont High School. At first Jimmy swore that he was not part of the bowling ball incident. Eventually he admitted that he was present. He stated that he and B.D.B., White, J.B.S., and B.C.C. had been driving around together on the night in question when they stole a bowling ball. He stated that someone in the car had the idea to go out to the bridge and drop the bowling ball off the bridge. He stated that he went to the bridge overpass and the bowling ball was dropped off the bridge twice. He stated it was either B.D.B. or White who dropped the ball the first time. He said they all got into the car and then drove down onto the interstate to retrieve the bowling ball. They then drove back up to the top of the bridge. He said they were standing on the bridge with the bowling ball and someone said, "Let's hit the trailer." He stated that B.D.B. was the one who dropped the ball onto the semi. Jimmy Michael Green was placed under arrest and transported to the Martin County LEC where he was interviewed a second time. During the second interview he stated that the incident was just a prank to scare the people in the semi.

Bleess then interviewed B.C.C. at the Martin County LEC booking room. He admitted to being with the other four individuals, described above, when the bowling ball was stolen. He stated that they then decided to go up on the bridge and that one of the guys said they should try to drop the bowling ball on a semi trailer. He said that someone then dropped the bowling ball off the bridge onto the interstate; it hit the ground and rolled into the ditch. He stated that they then got into the car, drove down onto the interstate, picked up the bowling ball, and went back up onto the bridge. He stated that they sat there for awhile waiting for a semi to come by to drop it on the semi trailer. He stated that someone said a semi was coming. He stated that Jimmy Green watched for the semi and someone told Jimmy to tell them when to drop the ball. He stated that when the semi approached, Jimmy Green yelled, "Now," and then B.D.B. dropped the bowling ball onto the semi. B.C.C. stated that they dropped the bowling ball onto the semi to get a laugh. He said that they thought the bowling ball would hit the trailer and scare the driver. B.C.C. was placed under arrest.

The victim, Ted Jones, has on-going medical problems including a permanent indentation of his cheekbone as a result of the fracture.

DEFENDANT’S VERSION:

The defendant states that the information contained in the Criminal Complaint is correct.

V I C T I M

VICTIM IMPACT: 

This agent spoke with Dawn Jones recently and learned that beyond financial reparations, she and her husband do not want any of these young men to go to jail or prison.  They believe that the right thing to do is meet with the offenders and have an opportunity to forgive them.  It is their desire that the young men move on with their lives untainted as much as possible.

P R I O R   R E C O R D

E D U C A T I O N  /  E M P L O Y M E N T

(As taken from the certification study dated 3/17/08 for juvenile file JV-07-251, Agent Heather Hawkins)

Jimmy is an 11^th grader at Fairmont High School.  This agent made contact with Kristi Brandt, Assistant High School Principal regarding Jimmy.  She indicated that Jimmy is an above average student.  Jimmy is not a behavior problem in school and, in fact, has not had an office referral since 2005.  She stated that his behavior is very appropriate in school.  Jimmy receives grades in classes ranging from a B+ to A.  He takes IB Chemistry, IB Honors English, IB Honors Europe, Spanish 2, Health 11 and IB Trigonometry. 

Jimmy is currently employed at Green Mill Restaurant, Fairmont, MN.  This agent spoke with his supervisor, Brad Bearson, who indicated that Jimmy has been employed there for about the past two months.  He is described as a good worker with a good attitude.  There have been no complaints by customers or co-workers. 

Jimmy worked for Camelot Breeders for about one year ending in the fall of 2007.  Jimmy indicated that he lost this job in the fall of 2007 because he was scared to call his supervisor and “figured he was fired”.  This agent spoke with his supervisor, Mr. Dave Labenz, concerning his employment.  Mr. Labenz reported that Jimmy had worked for him with few hours and on a sporadic basis over the term of one year.  Mr. Labenz indicated that his termination of employment was essentially mutual.  Mr. Labenz reported a number of perceptions that he had about Jimmy’s employment.  Mr. Labenz believes that Jimmy most likely did not call or report for work following the “bowling ball incident” because he was likely quite embarrassed about what happened.  He described Jimmy as a quiet kid and not outspoken.  Mr. Labenz indicated that during the late spring early summer of 2007 Jimmy was unable, on his own, to tell Mr. Labenz that he wanted fewer hours with Camelot Breeders to work some shingling jobs.  Mr. Labenz felt that Jimmy did not have the “gumption” to tell him this on his own and instead brought his mother with him to tell him this.  Mr. Labenz indicated that this comment was not meant to be hurtful to Jimmy or his mother but rather an observation.  Mr. Labenz also stated that Jimmy worked sporadically due to his heavy athletic schedule.  Therefore, Jimmy had co-workers younger than he, who essentially had greater responsibility and expertise than he, at Camelot  Breeders.  It was Mr. Labenz’ perception that Jimmy did not excel at this place of employment and, therefore, felt much less confident in the environment.  In addition, oftentimes Jimmy did not show for work on days when he was scheduled alone.  Mr. Labenz assumes this occurred because Jimmy perhaps did not feel he could get the job done on his own without relying on assistance from others to complete the required tasks.  Mr. Labenz believes Jimmy to be a young man with potential that needs to be polished. 

Jimmy enjoys spending time with his friends, hanging out, and doing things outdoors.  Jimmy indicated he spends most time with friends somewhere other than his home. 

F A M I L Y   D A T A

PERSONAL HISTORY: 

(As taken from the certification study dated 3/17/08 for juvenile file JV-07-251, Agent Heather Hawkins)

Jimmy Michael Green was born on July 27, 1990 in Fairmont, MN.  He is currently 17 years of age.  He is the second of three children born to Steve and Kathy Green.  His parents divorced when he was two years of age.  His father has remarried and resides with his wife Brenda in Sherburn, MN.  His older sister Larissa (07/16/1988) is currently residing and attending college in Rochester, MN.  His younger sister Samantha (12/16/1992) is a high school student in Fairmont.  Jimmy and his sister reside with their mother, Kathy, in Fairmont, MN.

Kathy is currently unemployed.  Kathy and her children have moved often within the city of Fairmont.  This agent is aware, from having worked with this family in the past, that there has been some instability for Kathy and her children as she has dealt with her own personal issues along with issues  pertaining to Larissa and her delinquency.  Steve is employed at the Sherburn Liquor Store and his wife is an LPN.  Steve and his wife, Brenda, reside in Sherburn with Brenda’s children, Lindsey and Houston Schubert. 

Jimmy made the following statement when asked to describe his family, “very, very loving.  We’ve been there with each other through the thick and thin.  I wouldn’t trade my family for any other family.”  He describes loving and caring relationships with his parents.  Jimmy reported that he can talk with his parents about his problems.  Jimmy commented that his parents have approved of his friends.  Jimmy stated that some of the rules at his home include to do well at school and no drinking/drugs.  Jimmy is required to complete expected chores at his home and stated that his parents are not “too” tough about enforcing the rules because they trust him. 

Steve describes Jimmy as driven, polite and commented that he didn’t worry about him.  Steve indicated that when he first heard of this incident, he was immediately relieved “knowing” it wasn’t one of his kids involved.  He indicated he was shocked to find out Jimmy was involved at all.  He is worried for Jimmy about his future and hopes that Jimmy can get through all of this.

Kathy identified Jimmy’s strengths as his grades, faith and he is trusting and caring.  She commented that Jimmy has many positives.  She would like Jimmy to be more open about his feelings.  Kathy admitted that she did observe changes in Jimmy in the fall indicating that he is normally excited about school but he was complaining often about feeling “stressed out”  and “overwhelmed” .  Kathy did call the principal and discuss the concern with school staff.  She felt Jimmy was more quiet but believed he was still sleeping okay.  Kathy is quite worried for Jimmy as he has been dealing with this incident.  She is hopeful that he will be able to attend college and earn money.    She expressed concern for the victims as well.

FINANCIAL INFORMATION:

The defendant is a high school student entering his senior year in the fall of 2008.  He is employed part-time at Green Mill Restaurant where he has worked for approximately two months.  He makes a minimum wage and indicates that he has very few assets.  Defendant does not own a vehicle or any other significant assets, however, does have a savings account with $67 in it.  He states his only financial obligations at the present time are paying for his own gas.  He believes he earned approximately $1,100 in the last 12 months.  He derives the majority of his support from his mother, Kathryn Green, who is currently collecting unemployment.

CHEMICAL USE / MENTAL HEALTH / PHYSICAL HEALTH ISSUES:

Defendant denies having any chemical dependency issues, although he does admit to drinking alcohol on two previous occasions.  He states most of his peer group also do not drink alcohol.  In relation to drugs, the defendant states never using any illegal or mood-altering substance and states he is not interested in doing so.

Defendant has struggled somewhat with mental health issues since the evening of the assault as he has had a difficult time dealing with the emotions and stress.  The defendant met with a medical doctor on January 31, 2008 and it was noted that he had been struggling with mild depression and anxiety and was prescribed Paxil.  The defendant states he stopped taking that medication as he has been feeling better recently.

The defendant does not have any physical health issues. He is a very physically fit young man, who receives good grades and is involved in athletics.

FINAL ASSESSMENT:

Jimmy Michael Green is a 17-year-old juvenile who has been referenced to adult Court for his involvement in the dropping of a bowling ball on an Interstate overpass which struck Ted Jones in the head and caused serious medical complications.  Also in the vehicle was Ted’s wife, Dawn.  Although Dawn was uninjured, she has struggled deeply with post traumatic stress and panic attacks.  The Jones’ financial losses are also great (and growing) as indicated in the Victim section of this report.

The defendant in this matter has no prior record either as an adult or a juvenile.  He is an “A” student who is heavily involved in athletics and works part-time on the side.  Because of the seriousness of the offense, as well as the uniqueness of the offense, there has been a great deal of national and local media coverage.  The defendant states that ever since the evening of the offense, he has been extremely upset and stressed as he knew, sooner or later, he and his friends would get caught.  The defendant admits he is almost relieved, although he is anxious about being sentenced in adult Court.  Not surprisingly, when the defendant is screened with our risk assessment, the LSI, he scores quite low; in fact, no need areas are indicated.  This is a difficult situation for sentencing purposes because the nature of the offense is serious and paradoxically, the offenders have no prior records and can be considered “good kids”.

This agent believes that victims in person offenses carry a great deal of leverage and weight in sentencing matters.  This agent spoke with Dawn Jones on May 2, 2008 and Mrs. Jones strongly stated that not only does she not want Mr. Green to serve jail, it would be her wish that the charges would be dropped.  Beyond financial reparations, Dawn and Ted’s only request is to have an opportunity to meet with Jimmy and the other offenders one-on-one in order to accept their apology and offer forgiveness.  This agent explained to the victims the mediation process and Dawn Jones indicated they did not want anything formal, just wanted an opportunity to meet with Jimmy and the others individually.  She stated they did not need a facilitator, but thought this agent should be involved in case there were any questions that needed answering.  

If it were not for Dawn and Ted’s disposition, this agent would have very little difficulty recommending incarceration by way of local jail for Mr. Green.   Although he has no prior record and basically is a good young man, the seriousness of the offense and the possibility of death, was quite real. 

During the interview with the defendant, it was apparent that he was remorseful for what he’s done and that he wants forgiveness. It is also clear that he is still in shock about what he did and what could have happened.  His attitude and demeanor are both quite appropriate and although extremely nervous, he states he is willing to take responsibility for what he did and ‘take what comes’.

RECOMMENDATION:

Agent Name:_______________________                

Career Corrections Agent                                          

923 N. State St., Ste. 160                                          

Fairmont MN 56031                                                   

(507) 235-3663                                                          

cc:       Terry W. Viesselman

            Patrick Casey

            Court Administrator

            James D. Sop, District Sup.

            File