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Nicole Mitchell, former state senator, gets work release, probation for burglary

A former Minnesota state senator convicted of burglary received a stayed prison sentence on Tuesday, and will instead pay for her crimes via work release.

A judge sentenced Nicole Mitchell to 21 months in prison, stayed for five years while she is on supervised probation. The judge also ordered Mitchell to six months in jail, though she will be allowed to serve the time on work release in Ramsey County, as long as she qualifies. If she fails to do so, she'll serve her six months in jail in Becker County.

A jury found Mitchell guilty of felony first-degree burglary and possession of burglary or theft tools in July. Mitchell broke into her stepmother's Detroit Lakes, Minnesota, home in April 2024.

In the sentencing hearing, Becker County Attorney Brian McDonald read a statement on behalf of his client Carol Mitchell, Nicole Mitchell's stepmother.

"I believe Nicole planned it all carefully and had expected to find my pistol," McDonald said.

McDonald later told reporters his team was "overall pleased with accountability."

Carol Mitchell also later spoke after the sentencing.

"I don't think six months is very much time for what she put me through, but at least I know it's going to hurt her," Carol Mitchell said. "With her children and losing her job and that type of thing, so I guess there's definite repercussions for what she did."

In her pre-sentencing statement, Nicole Mitchell said she "deserved to be here today."

"The things said and the harm I caused are real things" Mitchell said. "And I completely abide by whatever you feel is fair."

Nicole Mitchell's attorney, Dane DeKrey, said his client will be working in fast food after losing several jobs, including her Senate seat, due to her felony conviction.

"I respect [the judge's] decision. I wish it would have been different for my client," DeKrey said. "Nicole Mitchell accepted responsibility, she's going to accept this punishment. And like I said, I am looking forward to the future when we look back and say this was a mistake and she's back on her feet."

A week after her conviction, Mitchell resigned from the state Senate. She represented parts of Woodbury and Maplewood.

special election to fill her seat will be held on Nov. 4, with Republican teacher Dwight Dorau and DFL State Rep. Amanda Hemmingsen-Jaeger facing off.

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