Ely man gets jail sentence in BWCAW chase 8/3/15 at 10:00 p.m.
Barney James Lakner was spared a return to prison on Monday, but he was met with scathing remarks from a judge as he was sentenced for his second major offense in the Boundary Waters Canoe Area Wilderness in less than a decade.
Judge Michael Cuzzo ordered Lakner to serve three years of probation, including 180 days in jail, for leading conservation officers on a high-speed snowmobile pursuit across Basswood Lake in January 2014.
The judge also barred Lakner from entering the Boundary Waters while on probation and imposed a $500 fine.
"Mr. Lakner, at some point you need to grow up," Cuzzo said. "You're too old to be doing childish acts."
Lakner, 45, was led from the Two Harbors courtroom by a deputy and taken into custody to begin serving his sentence.
According to trial testimony and court documents, Lakner and a friend, Edward Zupancich, attempted to elude three Minnesota Department of Natural Resources officers in the wilderness area on Jan. 11, 2014. Motorized vehicles are banned by state and federal law in the Boundary Waters.
When approached by the officers near the south end of Basswood Lake, Lakner completed a 180-degree turn, rammed an officer's sled and fled toward Canada through the dangerously thin ice and open waters of Goose Narrows, according to testimony.
Authorities said the chase ended only when one officer jumped from his moving sled to tackle Zupancich and another officer grabbed hold of Lakner's backpack, forcing him to a stop.
At the conclusion of a three-day trial in June, a Lake County jury took less than an hour to convict Lakner of all six charges against him, including a felony count of fleeing a peace officer in a motor vehicle.
It was Lakner's second major violation in the Boundary Waters. He previously served a three-year prison sentence after leading a group that terrorized campers on the same lake in August 2007, firing semiautomatic firearms randomly into the night and shooting off professional-grade fireworks, as well as damaging a federal water level gauging station.
Cuzzo said he had intended to send Lakner back to prison, but had a change of heart after hearing arguments during the sentencing hearing Monday in State District Court in Two Harbors.
Lakner will be subject to a 13-month prison sentence if he violates any of the terms of his probation.
Assistant Lake County Attorney Lisa Hanson argued for the 180-day sentence, echoing recommendations made by a probation officer. However, the prosecutor was highly critical of Lakner's actions.
Hanson, referencing the 2007 incident, said Lakner was again the ringleader in his most recent crime, bringing the much-younger Zupancich along with him. She said evidence showed that Lakner had actually brought Zupancich to a location where he previously terrorized the campers, boasting about his crime.
"He clearly doesn't believe that laws apply to him," Hanson told the judge. "That's especially true in the Boundary Waters."
Defense attorney Chris Stocke sought to have Lakner placed on home monitoring, allowing him to remain employed and provide for his family.
Lakner drives a bread delivery truck for a living. Even though he was allowed to take part in a work-release program, the two-hour drive between Ely and the Lake County Jail would make the arrangement impossible, Stocke said.
"If he's in jail, he'll lose his job," the attorney said. "I don't see how ordering him to serve jail time will benefit Mr. Lakner, his family, the conservation officers or anyone in the community."
Lakner himself pleaded with the judge, stating that he had only taken the case to trial because all plea offers from the prosecution included jail time.
"My only hope to keep my job is home monitoring," he said.
Lakner maintained that he did not intend to flee the officers,
but did issue an apology to the conservation officers.
Cuzzo took a brief recess to consider the case before returning to the courtroom with his ruling.
The judge told Lakner that his case was "very different than 98 percent of people I see come through this courtroom." He said he was disturbed by the fact that Lakner's offenses lacked the typical factors that are seen in most cases: alcohol, illegal drugs, mental illness.
"This was a cold, calculated decision on your part to violate the law," Cuzzo said. "I think that makes it, in some sense, worse than other cases."
Cuzzo said he would be "absolutely justified" in sending Lakner back to prison, but opted to give him another chance on probation.
The judge initially said he would impose 10 years of probation, but amended the order upon learning that the maximum term was three years.