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Frederickson prison sentence stayed, Harris gets 50 months

NEW ULM — The two men convicted in the overdose death of Maurice Kimball on July 12, 2016, Andrew Frederickson and Logan Harris, were sentenced in Brown County District Court Monday.

Frederickson, 29, of New Ulm, was convicted of felony third-degree murder. Two third-degree drug sale charges were dismissed. He was sentenced to 180 days in the Brown County Jail and given credit for nine days served. A 92-month sentence at the St. Cloud Correctional Facility was stayed for 25 years supervised probation, monitored by the Minnesota Department of Corrections, Field Services.

Frederickson’s probation conditions include completing outpatient chemical dependency treatment and following all aftercare recommendations, attending two sober activities per week and verifying to probation, having no contact with the victim’s immediate family members, and not using or possessing firearms, ammunition or explosives. He was ordered to go to jail in two weeks.

Harris, of the Lino Lakes Correctional Facility, was convicted of felony third-degree conspiracy to sell narcotic drugs. Charges of third-degree murder and narcotic drug sale were dismissed. He was sentenced to 50 months in the St. Cloud Correctional Facility and credited with 314 days served. Harris will serve a minimum of 33 1/2 months in prison and a maximum of 16 2/3 months of supervised release.

The men will pay $10,526.61 in joint restitution before fines, fees and surcharges.

Fifth Judicial District Assistant Public Defender Greg Handevidt said Frederickson asked him to speak on his behalf.

“Mr. Frederickson has shown himself to be amenable to probation. He’s had a spotless record since November,” said Handevidt. “He feels awful about this but that’s an understatement. He and Maurice Kimball were dear friends. He struggles with this every day. He would take this back if he could in a heartbeat. Mr. Kimball was a kind, good person.”

Kimball’s mother Lisa Kelley read a stirring statement about him.

“He was a beautiful person, full of talent. His poems speak right to your soul. His drawings reveal intimate detail of thought and purpose. He was creative in cooking, an honor roll student, a Cub Scout with so many badges, we ran out of room on his shirt,” Kelley said. “Even when depression took hold, life was tough and people were cruel, he never gave up hope. His trust was in God and God alone. He developed a deep, intimate, personal relationship with God that lasted his lifetime.”

“My whole world has been torn apart. Nothing is right about Maurice’s death… He wanted to spend more time with his little brother and sisters… They need him and he is not there to listen and play with,” Kelley said. “There are many days of tears and frustration, even anger. Anger when people talk about drugs or even joke about them. His younger siblings have become advocates of sorts confronting classmates about drugs — meth in particular.”

“Meth is a deadly poison. It kills. It destroys people and families and needs to be removed from our communities,” Kelley said.

“Maurice always believed the best of people, in the power of God and that power to change the lives of those who receive Christ and develop a personal relationship with Him. The power to live for Christ and follow his example. That is what I also hope and pray for Mr. Frederickson and Mr. Harris.”

Kelley said he was not happy at first with Frederickson’s sentence but later thought it was fair.

“His doing community things gives him a chance to turn his life around instead of being institutionalized. It gives his life hope,” Kelley said.

Maurice Kelly’s brother Tommy said Maurice was his youngest brother and that his nephews no longer have an uncle.

Assistant Brown County Attorney Paul Gunderson said a quote stood out in Kelley’s statement.

“Everything that meth is made of is meant to kill. It affects everyone negatively,” Gunderson said.

Kimball was arrested July 9, 2016, when New Ulm police did a drug court compliance check at the residence of a New Ulm woman. Officers smelled marijuana and found Kimball. He was arrested for fifth-degree possession of methamphetamine with intent to sell.

Later in custody at the Brown County Jail, Kimball began suffering medical complications. He was released from jail on a medical furlough, taken to New Ulm Medical Center, then to Abbott-Northwestern Hospital in Minneapolis, where he died of a meth overdose.

Fritz Busch can be emailed at fbusch@nujournal.com.

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