Ellsworth man receives prison sentence for probation violation
WORTHINGTON — An Ellsworth man was sentenced to 36 months imprisonment and 10 years supervised probation after violating the terms of his probation imposed upon him following a felony criminal sexual conduct conviction.
Douglas Edward Simpson, 23, appeared Tuesday in Nobles County District Court and admitted to violating three terms of his probation, which included a late September incident in which he was terminated from his mandatory sex offender treatment program after throwing his cell phone at his probation agent.
“I was tired, I was angry,” Simpson said in court. “I had so much on my mind at the time, and I just lost control and threw it.”
Simpson was asked to hand over the phone with internet capabilities because the terms of his probation prohibited unsupervised internet use.
The probation agent said she believed Simpson intended to inflict harm, and she went to the county attorney’s office to see if there were any charges that may be filed. They are still pending.
Simpson was admitted to the program in early August and terminated in late September.
Simpson was charged of third-degree sexual conduct of a victim between 13 and 15 years in 2015. Simpson was 20 at the time the complaint was filed.
State prosecutor Adam Johnson recommended Simpson be sentenced to prison because he has been given ample time to comply with his mandatory sex offender treatment. He was reminded of the obligation after the probation violation was filed in May.
“There is no controlling Mr. Simpson at this point,” Johnson said. “It seems his behavior is escalating over time, as much as the state hates to see that happen.”
Simpson’s defense attorney, Louis Kuchera, asked that a sanction of local jail time be granted, and that he be allowed to complete his sex offender treatment.
“It’s something he’d like to do,” Kuchera said.
“Sending me to prison would be a big mistake,” Simpson said. “I might come out worse than I am now at this age.”
Fifth Judicial District Judge Gordon Moore denied that request, and called Simpson’s aggressive behavior toward his probation agent beyond the pale.
“It’s not something I’ll soon forget,” Moore said.
He added that allowing Simpson back on probation would be a “miscarriage of justice. At some point words have to mean something, and court orders have to mean something.”
Moore said that Simpson has fundamentally failed his most important endeavor — treatment. “You went out in a blaze of infamy,” he said. “Confinement is necessary because you are an untreated sex offender and you’ve had two years to get it done.”