December 20, 2001

La Crosse Tribune

by Randy Erickson

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."