Former Minnesota Senator Seeks Reduction of Felony Charges to Misdemeanors
DETROIT LAKES, MINN. — A former Minnesota senator, whom a jury found guilty of felony burglary charges after she broke into her stepmother’s home, is asking a Becker County judge to downgrade the felony charges to misdemeanors when she is sentenced next week. The request comes after former Sen. Nicole Mitchell, DFL-Woodbury, was convicted of two felony burglary charges by a Becker County jury on July 18.
Mitchell was found guilty of first-degree burglary and possession of burglary or theft tools following her arrest at her stepmother’s Detroit Lakes home in April 2024. During her five-day trial, Mitchell claimed she was at her stepmother’s home for a welfare check. However, the jury did not find her testimony convincing, leading to the guilty verdict.
Request for Charge Reduction and Alternative Sentencing
On Sept. 17, Mitchell’s attorney Dane DeKrey filed a motion requesting that Judge Michael Fritz reduce the felony charges of first-degree burglary and possession of burglary tools to misdemeanor charges, and that she be allowed to serve the mandatory six months in jail on work release. Mitchell takes responsibility for harming her stepmother with her actions, the motion said, acknowledging the emotional and mental distress caused.
According to the motion, Minnesota law allows for a judge to reduce Mitchell’s convictions at the time of sentencing. A felony conviction would mean Mitchell will have a felony record for the rest of her life, impacting future employment and financial opportunities, as well as her ability to continue serving as a foster parent and election judge.
Arguments for Leniency and Second Chance
Mitchell’s attorney argues that making her a lifelong felon is unjust, considering the nature of the offense and the consequences she has already faced, including the end of her military career. DeKrey notes that Mitchell has been punished for her mistake, having retired from the Wisconsin Air National Guard as a lieutenant colonel after her arrest, and later resigning from her seat in the Minnesota Senate on July 25.
The motion also highlights that Mitchell’s conduct is far less serious than typical theft-based first-degree burglaries, as she stole nothing from her stepmother and her conviction was based on her presence in the home, not on any theft. DeKrey plans to challenge the case law that sets a precedent for felony charge sentencing, arguing that if the interpretation of the law changed, Mitchell’s presumed sentence under the sentencing guidelines would be no period of incarceration.
Mitchell is scheduled for sentencing on Tuesday, Sept. 23, at the Becker County Courthouse in Detroit Lakes. Her attorney has requested that if she is sentenced to six months of jail time, she be allowed to serve the sentence near her children in Ramsey County and participate in work release.
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