A 38-year-old who man who until recently lived in Nickerson “missed prison by a whisker.” That was the sentiment for Brandon Sutton by Senior Assistant District Attorney Steve Maxwell. He wanted some jail time for Sutton convicted in three cases even though the sentencing in all three cases is presumptive probation.
In one case, Sutton was convicted of 8-counts of burglary and theft for crimes in Nickerson between October and December resulting in thousands of dollars worth of items being taken including a 2006 Yamaha dirt bike which belonged to a 16-year-old who used the bike to compete.
In another case, he was convicted in a marijuana case going back to February 8 and the final case he was convicted of a misdemeanor charge of criminal trespass from March 4.
Maxwell wanted the judge to punish Sutton because of the series of burglaries by adding 60-days in the county jail on each felony case as part of any probation.
The defendant at times sobbing told judge that he is very sorry for what he had done, and a number of times also turned around and apologized to victims sitting in the gallery of the courtroom.
Judge Joe McCarville denied the states request and sentenced Sutton to 47-months total for all three cases then sentenced him to 36-months community corrections.