Aug 14, 2008 - 04:07:12 CDT
Brian Brandner has been sentenced to 18 months in prison for a threat that forced the evacuation of the Civic Center during the 2007 Century High School graduation.A jury of nine women and three men found Brandner guilty after several hours of deliberation on Wednesday. They were given the case late Tuesday after listening to testimony from 13 witnesses, including Brandner, the lone defense witness.
South Central District Judge David Reich sentenced Brandner to three years with 18 months suspended and three years of supervised probation after the conclusion of the trial on Wednesday. While on probation, Brandner is required to participate in any recommended treatment and take his medications.
Burleigh County Assistant State's Attorney Julie Lawyer recommended Brandner be sentenced to five years with all but three years suspended and five years of supervised probation. Lawyer cited Brandner's lengthy juvenile criminal history along with several adult convictions as reasons for the sentence. Wayne Goter, Brandner's court appointed defense attorney, recommended a suspended sentence with supervised probation.
Goter said Brandner had a rough childhood, including physical and sexual abuse, and had been diagnosed with anti-social personality disorder and found to be of borderline intellectual functioning. He has legal guardians who live in Jamestown and could watch him if he were put on probation, Goter said.
Lawyer conceded Brandner hadn't had an ideal upbringing but contended that was no excuse for criminal behavior.
Brandner was charged with Class Cfelony terrorizing in May 2007 after being identified as the person who had made threats toward the CHSgraduation ceremony, which took place at the Civic Center on May 27, 2007. The ceremony was evacuated while law enforcement and Civic Center staff searched the building for suspicious items. People were allowed back in the building about an hour later when nothing was found.
On Tuesday, jurors heard testimony from Christopher Masse, an acquaintance of Brandner's who reported Brandner had told him he planned to cause trouble at the Civic Center, and Kandas Mittleider, Brandner's ex-girlfriend who received a voice mail from Brandner in which he talked about destroying her graduation. Police officers, a security official from a Kirkwood Mall store and others testified as well.
The jurors began deliberations at 9 a.m. Wednesday and by 10:15 wanted to be provided with testimony from Tuesday. A court reporter read the testimony to them about an hour and a half later after preparing transcripts. They resumed deliberations around 2 p.m. and had questions about definitions around 3:50 p.m. They returned the verdict at 4:30 p.m.
(Reach reporter Jenny Michael at 250-8225 or jenny.michael@bismarcktribune.com.)
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