How much jail time and probation a Colorado man will serve will depend on the amount of restitution he pays by the time his December sentencing date arrives.
Frederick Bradley Kellogg, 59, of Aurora, Colo., entered a guilty plea to one count of felony theft before Judge Lois Lang in Itasca County District Court Monday morning. As part of the plea agreement, the other felony theft count against Kellogg will be dismissed.
“We believe we got the bugs out,” said prosecuting attorney Todd Webb before outlining the plea agreement.
Kellogg made a court appearance last week and at that time, his attorney, Richard Swanson suggested the restitution might be determined to be a lower amount after the pre-sentence investigation was completed.
Since the plea agreement hinged on the amount of restitution paid by sentencing, Lang ordered Kellogg to appear in court Monday after the plea agreement fell apart.
Webb stated Kellogg’s sentence would be based on the amount of restitution — $296,090 — paid by the Dec. 17 sentencing date.
There will be a stay of execution and Kellogg will serve 12 months in jail, Webb said. If half the restitution is paid, there would be a stay of imposition and Kellogg would serve 60 days in jail. If restitution is paid in full, there would be a stay of imposition and 30 days in jail.
As part of the plea agreement, Kellogg will be placed on 20 years supervised probation, Webb said. If restitution is paid in full, he will be placed on five years probation. As part of his probation, he will pay a $1,085 fine, supply a DNA sample and obtain full-time work, school or perform 20 hours of community work service per week.
“The restitution is not subject to question?” asked Lang.
Swanson affirmed it was not.
After entering his plea, Kellogg admitted, under questioning from his attorney, that he sold between 120,000 to 130,000 pounds of broken wild rice he obtained in 2010 from Gibbs Wild Rice in Deer River and that the value of that rice was more than $35,000. He also admitted he had no intention of paying for the rice.
“I received the product, I sold it and did not pay for it,” said Kellogg.
“You had no intent of paying?” Lang asked Kellogg.
“That’s right,” Kellogg replied.
Lang pointed out to Kellogg he was agreeing to pay the victim $296,090 and that “you’re going to have to pay that amount no matter what” and that it was too late to dispute the amount. She also pointed out that paying the restitution was part of his probation. Kellogg acknowledged he understood.
Lang accepted Kellogg’s guilty plea and set his sentencing for Dec. 17.
“If you wish to have the benefits of the less serious sentence, you know the amount you have to pay,” she told him before ending the hearing.