MANKATO – If you were to look up the definition of second chances in the dictionary you’d find the mug shot of Jacob Guyette.
His photo is also next to the definition of first chances and third chances.
However, this time around it seemed the judge, the prosecutor, the probation agent and even Guyette himself was resigned to the fact the enough was enough.
The 21-year-old Mankato man was back before Judge Brad Walker for his fourth probation violation hearing since he was first arrested in June 2009 for a charge of burglary and theft. He was able to strike a deal while in jail with Judge Walker for a furlough to attend the funeral of his grandmother in Waterville.
The woman wasn’t his grandmother and he never went to the funeral.
He also didn’t return to jail.
Tack on an escape from custody charge.
Add to the mix more burglary charges for stealing 20 cases of Red Bull from a beverage company storage locker in Mankato. In addition he was in possession of a shotgun and as a convicted felon that was more charges.
But the court kept giving him chances. Chances he couldn’t take advantage of.
In the latest saga of his young life, Guyette was arrested in April after leaving a residential treatment facility.
“Got into an argument with some people there and kind of left,” Guyette told Judge Walker.
It wasn’t the first time Guyette walked away from treatment.
Public defender Scott Cutcher said following the hearing his client would have been a good candidate for drug court. However, Cutcher said the weapons charge excluded Guyette from consideration.
In one case, Cutcher said Guyette absconded from mandated treatment after completing the inpatient portion. “He completed the toughest part,” Cutcher said. “He walked away from a half-way house.”
Probation told Judge Walker they wanted the sentence executed and Assistant County Attorney Mike Hanson agreed. “There just isn’t anything we can do with this person.”
Judge Walker called the case “frustrating.”
“I’m just running out of options,” said Walker.
Guyette has appeared in front of Judge Walker on probation violations in August and December 2010, and January and April 2011. Add to that the two times in September 2009 and December 2009 he failed to appear for hearings.
Judge Walker called Guyette’s actions “intentional and excusable” and finally concluded in court that “confinement is the proper last resort.”
So Guyette was sentenced to 60 months in prison. He’ll serve 40 months behind bars, less one-third for good behavior. The remainder will be served on supervised release. He will also receive credit for the 311 days he spent in county jail during his multiple arrests and rearrests.
“This is his fourth strike,” said Hanson. “I’m not a baseball fan, but I don’t think there are four strikes.”