Circuit Judge John Beger gave a Vienna man another chance at setting his life on the right track if he can get sober and stay that way. 

During Maries County Circuit Court Law Day action last week, a probation violation hearing was held for Paul G. Wieberg, 40, of Vienna. He pleaded guilty in the fall of 2017 to felony DWI persistent and misdemeanor driving while revoked. He was sentenced to four years in the Missouri Department of Corrections and placed on probation for five years. 

At the probation violation hearing, the state called two witnesses, Vienna Police Chief Shannon Thompson and Vienna Police Officer Tina Crawford who testified about their response to an incident at Wieberg’s home in October. 

The defense called as a witness Karen Sankey, Wieberg’s mother who has tried to help him. She said he does better when he is in treatment. 

Wieberg’s attorney, Public Defender Matthew Crowell, called Probation Officer Jeremiah Golden as a witness. He is not Wieberg’s probation officer but had information from that officer stating Wieberg previously had a recommendation to stay on probation so he could benefit from treatment programs within the community. However, that recommendation was changed by the probation officer because Wieberg continued to do criminal behaviors while in treatment.

Crowell said there were no more defense witnesses and had a whispered conversation with Wieberg, and then Crowell said Wieberg wanted to testify. He took the stand and was questioned by Crowell. Wieberg said he has a drinking problem and has been receiving counseling through Pathways and AA and he goes to anger management classes. He goes to AA whenever work permits him to do so. He does farm work. Crowell said when Wieberg is sober he doesn’t have problems. Wieberg said he talks to the Pathways counselor about everything going on in his life. He was in prison and got out in May and there were adjustments to be made. His girlfriend was pregnant and had a miscarriage. It was hard to find work plus he has to take off work to go to Pathways and AA. He doesn’t have a driver’s license and has to rely on others. His mother helps him. Wieberg said his girlfriend is pregnant again and the day before he got picked up the recent warrant, he found out she is pregnant with twins. Wieberg said he is slowly killing himself by drinking and he is trying to change and needs time to do it. His drinking has ruined his relationships with his family and friends. He wants to make it work with his girlfriend. Wieberg told the judge his father was an alcoholic and he knows how that is. He stopped drinking before and wants to get sober and be there for his kids. He’s willing to do what he has to do and stay sober.

Prosecuting Attorney Terry Schwartze asked Wieberg about the Vienna PD coming to his house in October when his girlfriend made a complaint that he grabbed her around the neck and punched her in the face. She wanted him out of the house. Also, she asked him about the police finding him behind the Vienna Quik Spot passed out on the sidewalk with small alcohol bottles lying around him. Wieberg said he buys the small bottles but there was other trash there. Schwartze asked him about having a big bottle of American Honey whiskey. He said he bought small bottles. She asked Wieberg if he argued with the Vienna PD officers. He said he was handcuffed and put in their car. They took him home but did not arrest him right away. His girlfriend was intoxicated, too and they argued, which is why he left the house. Schwartze asked him if he yelled at the clerk in the store and Wieberg said he does not remember and has nothing personal against the store clerk. Schwartze said he was bothering her and harassing her and she made a complaint about him. 

In closing, Schwartze said Wieberg is on felony probation and the Vienna PD officers should not have to suffer and have crimes committed in town because of his alcoholism. 

Crowell said Wieberg clearly has a drinking problem but there are community resources he can use. He has continued to drink but there are resources he can use to help him overcome his addiction. Crowell asked the court to consider these resources rather than imprisonment as being in jail didn’t address the issue previously. 

Judge Beger said the probation officer’s recommendation for Wieberg had changed because of the alleged criminal behavior. He said the court believes some incarceration is warranted and they need to do whatever they can to make sure he gets treatment. “I don’t believe you are an inherently bad person, but when you drink you can’t control your behavior,” Judge Beger said. He appreciates his honesty. “You are honest enough to admit you have a problem, and smart enough to do something about it. You have responsibilities coming up and need to deal with them.”

Judge Beger revoked Wieberg’s probation and sent him to the 120 days treatment program at the DOC. He hopes he can find a solution in the long term. He is concerned Wieberg will harm someone when he is intoxicated and the judge said he has seen this where innocent people are hurt badly by a drunk driver. He was sentenced to four years in the DOC and Judge Beger said the court retains jurisdiction. There is no guarantee that he will be out of the DOC after 120 days. The judge will receive a report after about 100 days and what he looks for on the report is whether or not Wieberg followed the rules of conduct and if he participated fully in the program. At that time the judge can decide if Wieberg should be brought out of prison and put on probation, or if he will have a hearing and receive a prison sentence. “Let’s see what we can do to help you with your problem,” Judge Beger said.

In other action at Judge Beger’s Law Day:

—Jace C. Hickmann, 38, of Belle, pleaded guilty to two counts of possession of child pornography, first offense, which are class D felonies. The state dismissed count one, the class A felony of sexual exploitation of a minor child. Judge Beger read the charges. Count two states between July 9 and 12 he possessed an obscene still image photograph of a child less than 18 years old. Count three states between July 9 and 12 he possessed a video tape of obscene images of a child less than 18 years old. 

Judge Beger sentenced Hickmann to seven years in the Department of Corrections on each count with the sentences to run concurrently. Execution of the sentences was suspended and Hickmann was placed on five years probation with conditions, including taking sex offender classes and registering as a sex offender. 

Prosecutor Schwartze said she agreed that no further charges would be filed based upon these obscene images. But, if any other images are found such as child molestation, those images are not included with these charges. 

Judge Beger told Hickmann he hopes not “to see you back here” and Hickmann replied he hopes not, too and thanked the judge “for your help in this matter.”

—Chad W. Shemwell, 22, of Freeburg, was ordered to stay on probation for third degree assault even though he was charged with DWI. The prosecutor said Shemwell is doing fine on probation and is paying the restitution as he was ordered to.

—Lucas E. Slawson, 24, of Dixon, had his probation revoked because he has not been attending sex offender classes and not meeting conditions of his probation. The judge ordered executed his sentences of five years each on the felony charges of second degree rape and second degree sodomy. He is to participate in the 120 day sex treatment program at the DOC and if he does well in the program the judge will consider putting him on probation for five years.

—Kacee Woodruff, 26, of Jefferson City, who was charged with four counts of sexual contact with a prisoner, a class E felony, for sexual encounters in the sheriff’s office with an inmate between April 1 and April 25, had the charges dismissed without prejudice due to lack of cooperation by the victim.