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Schoen sentenced to 40 years for shooting at officer

Schoen
Joseph Schoen (file photo)

By Jessica La Plante
News-Chronicle

A 20-year-old Green Bay man convicted of trying to gun down a police officer during an Oct. 15 traffic stop was ordered Friday to spend the next 23 years of his life in prison.

Accused of firing two shots at Brown County Sheriff's deputy Tim Thomas during a traffic stop on South Maple Avenue, Joseph Schoen was convicted of attempted first-degree intentional homicide and bailjumping at a jury trial in April.

At the sentencing hearing, Brown County Circuit Court Judge Mark Warpinski ordered the defendant to serve 23 years of initial confinement, followed by 17 years of extended supervision for the October shooting.

In addition, he ordered Schoen to commemorate the anniversary of his confinement by writing an annual apology letter to the victim.

In explaining his rationale behind the 40-year sentence, Warpinski cited the defendant's progressive history of criminal behavior as a contributing factor.

"You go around with guns and weapons and (think) it's just like the Old West ... like this is all a big joke," Warpinski said.

He said the defendant's actions showed a disregard for not only the victim's well-being, but for the emotional and physical welfare of Schoen's own family.

"You've got a 2-year-old child that you aren't going to be able to see in the formative years of (the child's) life ... what a shame," he said.

Asking the judge to impose a 45-year-sentence, Assistant District Attorney Larry Lasee listed the defendant's criminal record as a reason why Schoen shouldn't get the court's sympathies. Since January 2001, Schoen committed a progressive list of misdemeanor and felony crimes ranging from vandalism to attempted homicide, Lasee said. The more recent offenses were committed while the defendant was on bail and probation.

He said he believed 30 years of initial confinement followed by 15 years of extended supervision was necessary to help Schoen comprehend the seriousness of his actions. Lasee said the defendant showed no remorse for his misdeeds and is likely to reoffend. Defense attorney Nila Robinson asked the judge to impose a 20-year sentence.

"I don't understand where this claim of lack of remorse comes from," Robinson said.

Although she acknowledged her client had growing up to do, she asked the judge to look at all of Schoen's conduct during the sentencing, both good and bad. At trial, Robinson said her client's behavior showed some degree of concern for the deputy.

Robinson painted the shooting as an act of "desperate fear" done with the intentions of scaring the officer away.

During testimony, Schoen said he shot the bullets into the air as a scare tactic to buy time to flee, saying he never intended to hurt the deputy.

But Warpinski said there was plenty of evidence to the contrary. Had the deputy not fortuitously fallen when the shots were fired, Schoen might have been convicted of murder instead, he said.

Warpinski said he believed Schoen was prepared to commit an act of violence that night, regardless of his chance encounter with the deputy.

Officers and witnesses testifying at trial said Schoen was packing a gun that night because he was expecting a shoot-out with rival gang members. When the deputy asked Schoen to comply with a weapons check after stopping his car for a vehicle defect, Schoen used the gun on the officer instead.

Warpinski read through a short list of mitigating factors before handing down the sentence. Among them were a handful of letters Warpinski received from Schoen's family, pledging love, support and faith in the defendant's ability to reform.

Warpinski said he hoped Schoen would use his time in prison to reflect upon how he has hurt both the victim's family as well as his own supporters.

In what Warpinski called Schoen's first public display of emotion, Schoen apologized to Thomas at the hearing in a voice trembling with tears.

After the hearing, Robinson said she felt the judge's sentence was too harsh. She said given the defendant's youth and troubled childhood, prolonged exposure to a prison environment would only harm his chances at reform.

"The adjustments that are necessary to survive in prison ... are really counterproductive for rehabilitation, for very young offenders particularly," she said.

Brown County Sheriff Dennis Kocken said a strict penalty was in order.

"I think the sentence was very fair," he said. "Certainly Judge Warpinski felt the need to protect the community and that it's totally unacceptable for anybody to be shooting at police officers."


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