“You’re a disgusting, damn pig.”
Looking directly at the man who swindled her family’s wild rice business out of more than a quarter million dollars, Kim of Gibbs Wild Rice gave her opinion of Frederick Bradley Kellogg during his sentencing Monday morning.
Gibbs Wild Rice, along with the farmers the business works with, were impacted, she said, her voice breaking and her eyes filling with tears several times during her statement.
Kellogg, 60, who also goes by the name Brad Allen Kellogg, was sentenced in Itasca County District Court before Judge Lois Lang on one count of felony theft in connection with the 2010 theft of wild rice from the Deer River business.
In accordance to the plea agreement, Kellogg was sentenced to a stayed prison sentence of 21 months. Because Kellogg had failed to pay any restitution by his sentencing date, he was placed on 20 years supervised probation with conditions and ordered to serve one year in the Itasca County Jail with work release privileges. He was also placed on drug and alcohol restrictions, ordered to pay restitution, to have no contact with the victim(s), supply a DNA sample, undergo cognitive skill training, remain law-abiding, have no same or similar offenses and follow all conditions of probation. As part of the plea agreement, a second felony theft charge was dismissed.
The time Kellogg would spend on probation and the jail time he would serve were both dependent on how much restitution he paid from the time he pleaded guilty in July to his sentencing date.
Kellogg’s defense attorney, Richard Swanson, asked the court to allow Kellogg more time to pay restitution.
Because of his financial situation, he did not qualify for “door no. 1 or door no. 2,” Swanson said, adding that Kellogg has worked the past couple years to obtain contracts which have been “pushed to the first quarter.” He would be able to pay $122,000 on Jan. 31, 2013 and then pay the balance in March 2013.
“If my client goes to jail, he will not have the opportunity to pay back the victims,” Swanson said, adding that Kellogg has accepted responsibility for his actions.
“We request bringing this back Jan. 31,” he said. “At least so he can have the holiday with his family.”
Prosecutor Todd Webb opposed the idea, stating that the state was against any delay.
“He had his opportunity, it’s time to face his consequences,” Webb said.
During her victim impact statement, Kim said “we’ve heard this same story for two years,” adding that Gibbs was not the first company “he’s done this to.”
“We work so hard to be honest,” she said, her voice breaking. “We are all out of jobs because of him ... [I want to see him] behind bars so he can’t do this to anyone else.”
“Kim, saying ‘I’m sorry’ is very miniscule,” Kellogg said, adding that “you will be paid. I know I’ve said that for two years, but you will be paid.”
He also stated he was embarrassed and said he appreciated Webb’s hard work.
Lang stated since Kellogg had not paid anything towards restitution, he would be remanded immediately into custody to serve his one-year jail sentence.
“The sad truth is I think the victim has it correct, nobody can believe a word you say,” Lang told Kellogg. “...they’re empty words.”
Kellogg was taken into custody following his hearing and is currently being held in the Itasca County Jail.