Sherman Bernard Frederick of Crosslake was sentenced Thursday to 11 months in the Crow Wing County Jail and supervised probation for 10 years in connection with the traffic death of 3-year-old Jack Larson in Merrifield.
Frederick was driving a southbound minvan on County Road 3 when his vehicle struck and killed the son of Kory and Becky Larson on May 9, 2009. The defendant was found guilty of criminal vehicular homicide and a lesser and included charge of careless driving in May.
Judge Erik Askegaard accepted the outlines of a sentencing agreement that defense and prosecution attorneys agreed to Thursday morning, temporarily delaying Thursday’s sentencing. While the state’s sentencing guidelines called for an executed 48-month prison term, the judge’s sentence was a downward departure. He sentenced Frederick to supervised probation for 10 years; payment of a $135 fine; 11 months in Crow Wing County Jail with credit for time served (approximately four days). During his jail stay Frederick will be eligible for Huber work privileges and the Sentence to Service program but not for in-home monitoring. The judge directed the defendant to report to the jail at 9 a.m. Sept. 28 to allow him time to possibly secure employment. Frederick must also pay restitution as directed by the probation department; serve 2,560 hours of community service related to traffic safety; and must not drive without a valid Minnesota driver’s license and insurance.
Before the sentencing family members representing the victim and the defendant read statements in the courtroom.
MIKE O’ROURKE may be reached at mike.orourke@brainerddispatch.com or 855-5860.
Comments (53)
Add commentJudge Askegaard at his best again
This guy should not be a judge. He does not know right from wrong. Letting people off easy and not making them take responsibility for their actions. Way to go crow wing county judge at his best.
"and must not drive without a
"and must not drive without a valid Minnesota driver’s license and insurance."
So, he will still be eligible to drive?
You've got to be kidding me!
make him
walk along a busy highway and clean ditches for 11 months.
If this is what the Judges and crow wing county thinks is right
If this is what Judges and Crow Wing County thinks is right, we should all be able to just do what every it is we want and a simple slap on the wrist is all people get if that. I teach my kids to have more respect than that.
Wolf
If I remember from previous articles, this conviction carries an automatic ten year licence revocation. I think it's the reason he took this to jury trial as opposed to the plea agreement worked out several months ago.
That's what I thought, 2nd.
That's what I thought, 2nd. But it wasn't clear to me as per the quote I posted above.
Moderator - Clarification please.
And I STILL see....
People crossing into the shoulder to pass vehicles....
Wolfg1, clarification
We're working on your request and will let you know when we find out.
If there were circumstance
If there were circumstance that placed some of the blame somewhere besides the driver, wouldn't the defense have brought those circumstances to light during the trial phase, eye? And assuming the defense did so, Sherman was still convicted by a jury of his peers given the other evidence.
If the defense did not bring this information forward, it was either suppressed by the judge for a legal reason (which would, if nothing else, give them something to appeal) or the attorney dropped the ball big time.
That is sad. A little boy
That is sad. A little boy loses his life, and he gets to walk free......Apparently the justice system is positively BLIND.
I drove through the scene
I drove through the scene shortly after the incident. Later I saw paint on the pavement that to me looked like the driver was going southbound.
If that is the case it should be noted that there is a passing lane for southbound traffic immediately before the point I saw the paint.
Also, despite the good intentions of the driver isn't it illegal to come to a stop in an area without a crosswalk?
Any way that you look at everyone lost that day and that is so sad.
Jack Larson
The article should have mentioned that the Larson family supported the agreement that was put before the judge.
no way
11 months...thats it??
merlyn3248
A donward departure ??? Why ??? Seems like a very light sentence for taking the life of a child.
Eligable for Sentence to Serve means he will be out all day and only have to come back to jail to sleep. Plus, in some counties they get a day off their sentence for each day they do Sentence to Serve. Is Crow Wing counties Sentence to Serve program like that? Maybe someone can clarify that for us. Do the math, with Sentence to Serve, and time for good behavior, we would be looking at what, 6 months or less ???
There is something else to consider to in regard to consequences. Mr. Frederick not only has to deal with the legal consequences, but may well face a civil lawsuit for wrongful death and that could be very costly financially. Although all the money in the world is not going to ever erase the pain Jack's family has to live with every day.
No details on why the short sentence...again.
My understanding is that the dispatch is refusing to print concerns by the public over these short sentences lately. Just less than a year for this guy--at least it's probable he didn't intend to harm the kid. Only one year for one of the guys who savagely beat Willy Navy---not only intentional, but a hate crime by a repeat offender as well.
Judges Askegaard and Maus. PLEASE remember their names come election day!
This is why we don't allow
This is why we don't allow "mob justice" because too many people (myself included) jump to a conclusion without gathering and considering all the facts.
passing lane
"If that is the case it should be noted that there is a passing lane for southbound traffic immediately before the point I saw the paint."
You are correct fishhead, BUT the crash didn't happen in the passing lane. Frederick continued down the shoulder after the passing lane ended.
Clarification - Licensed to drive?
The Crow Wing County Attorney said that upon conviction a driver's license is usually revoked in this type of situation.
That is why the article says "... and must not drive without a valid Minnesota driver’s license and insurance."
The way I see it Fish:
The two judges and/or the dispatch failed in their jobs here.
Both have to be aware that there is high interest in the fate of the two who savagely beat Willy Navy and this fellow who killed little Jack.
HIGH public interest.
Given that, they also have to know that the public is going to have some serious question about any short sentence for any of them. They are going to compare these short sentences with longer sentences routinely given for what seems like less serious offenses.
They need to provide answers for why these sentences were so short.
They have not.
Are they require to? No...but they NEED to in order to avoid hard feelings and tough responses by the public.
My response will be to talk amongst people I know and suggest everyone vote against these two judges.
Unless I hear more.
Their actions have created a picture I don't like--that hate crimes leading to permanent bodily harm and serious negligence that leads to a death are treated less harshly in Brainerd.
That's not who we are around here, and thus we need judges who can understand that.
Denton - Thanks, but I guess
Denton - Thanks, but I guess my question was, how long before he can get his license back?
Windy - Good post.
speaking of crimes, Denton
How about a follow-up to the "baby found in Mississippi near Winona" story that is appearing on my screen whenever I open my BDD page?
lakelander crimes
Thursday, September 8, 2011 - No solid leads have developed since a newborn girl was found Monday afternoon inside a bag floating in the Mississippi River.
Read more: http://www.winonadailynews.com/news/local/article_b04756f8-d9cf-11e0-adb...
Plea Bargains
Plea bargains just sicken me. Why are there guidelines? To just throw them out? If you are found guilty, serve the damn time. Same thing for "time off for good behavior". Sorry, you were BAD, that's why you're in prison/jail.
thanks, Denton
Sad
Excuses
Remember all the excuses this "man" came up with for this horror? Wasnt "sleep apnea" one of them? Sure hope the county provides the right machine and comfy environment so he can get a good nights sleep...
HAHA? really?
It doesn't matter how long of a rap sheet Mr. Navy has. It also doesn't really matter if it was truly a hate crime or not. The fact remains, Mr. Navy is the victim in this situation. And the sentence was a downward departure. Same thing goes for Fredricks, the point of a penal system is that the punishment is supposed to fit the crime. It seems that harsher penalties are being dealt out for drug addicts, then for violent crimes. Why is that? Drug addicts get what they deserve so why shouldn't the people involved in these situations?
Also one quick question for you, since you obviously aren't too bright. How is it that you manage to put down the victim, as if anyone deserves to be beat in such a manner? Are you saying that if someone has done things in their past, then they deserve to have things like this happen to them? What about this poor child, and the grief his family must feel? Let me guess he deserved it too? Whats wrong with you?
Larson
The Larson's did support the plea but I am not sure how they felt about this outcome. They really just wanted it to be over. And as for putting some of the blame on the kids/parents rather than on Frederick-SHAME ON YOU! It was not an ideal situation for the kids but they were legally in the right and HE was the one who passed on the shoulder. I could be wrong but doesn't a ped always have the right of way over a car?
comparing death to drunk fight!!
@deyonne11 how can you say @haha would think that a child's death, that has nothing to do with mr.navys bar fight, would be deserved?!? These are two completely different situations! Just because he thinks willy was not so innocent in HIS CASE, does not mean he is a mean spirited person that thinks a child being tragically killed is ok!!! wow! why cant people on here ever just agree to disagree!!?? You must of not read the last sentence of @haha 's speech "As for the innocent child that is a shame only 11 months be out in 5 no justice there"
Further liability ???
Eyolf, does this Minnesota law open up the possability that the other drivers, who stopped to let the children cross, could also have some degree of liability and possibly be subject to lawsuit ???
Money
No one is talking about the $500,000.00 that the family got as part of thier pound of flesh.