Assessment ordered for Dickinson man who broke probation termsAn assessment of a Dickinson man who did not follow the terms of his probation on a 2009 burglary charge will help the court decide how to proceed with punishment.
By: Betsy Simon, The Dickinson Press
An assessment of a Dickinson man who did not follow the terms of his probation on a 2009 burglary charge will help the court decide how to proceed with punishment.
Judge William Herauf asked the North Dakota Department of Corrections during a revocation of probation hearing Thursday in Southwest District Court in Dickinson to conduct the assessment, which will evaluate Tyler Dukart’s risk to the community, as well as his needs.
“I want to give full consideration to this, that is why I want this assessment,” Herauf told Dukart. “The only one who can comply with this protocol is you. The only other option is to send you to the penitentiary. You get no more shots. I want to see the risk/needs assessment, the resources you have and your recidivism rate.”
Dukart, along with a juvenile male, was accused of unlawfully entering an alcohol distributor in Dickinson through a service door after hours and stealing a variety of alcoholic beverages in April 2009. He pleaded guilty to Class C felony burglary.
Earlier this year, Dukart was accused of breaking his probation when he consumed alcohol to excess, used methamphetamine and failed to notify his probation officer of his new address, which are all in violation of the terms of his probation on the 2009 charge.
Dukart’s attorney, Jay Greenwood, said he did not feel that the court sentencing his client to the Department of Corrections was necessary.
“I just don’t think a kid his age needs to serve time in prison,” Greenwood said. “If you want to scare him straight, I think you could do that by having him serve time locally, but to throw a kid this young in prison is not good.”
Instead, Greenwood felt that it might be better for Dukart to serve six months in a local jail and be given work release so he can get treatment in Dickinson for his alcohol use.
Stark County State’s Attorney Tom Henning, however, recommended that Dukart be sentenced to 18 months in the state Department of Corrections, where a variety of treatments would be available to him.
“It looks like (Dukart) is not able or is not willing to accept the opportunities given to him by this court,” Henning said. “I don’t think there is any choice left but not to give him a choice.”