BEATRICE – A Beatrice man with a three-decade criminal history has been ordered to serve the maximum prison term on five counts he was convicted of, in Gage County District Court. 

49-year-old Michael L. Fitzgerald was sentenced Tuesday to a total of ten years in state prison by District Judge Rick Schreiner, for attempted burglary, 1st degree trespass, possession of burglar tools, criminal mischief with intentional property damage and attempted possession of a financial transaction device.  

Both the state and defense agreed to recommend consecutive, maximum terms.  Deputy Gage County Attorney Braden Dvorak said the case involved the break-in of a Gage County bar that Fitzgerald committed because he said it was cold, and he had to make ends meet.

“He doesn’t give….Mr. Fitzgerald only takes from society. He’s a 49-year-old with nothing to show for himself but a criminal history. He’s a career criminal who contributes nothing to an orderly society.”

Fitzgerald will serve post-release supervision as well, but Gage County Public Defender Lee Timan asked that the post-release not be at the maximum.

“He’d basically be looking at four years of post-release on three separate charges. We’re asking the court to consider something less than that.  We know that there is going to be some post-release.  Two of these charges have mandatory nine-month post-release, so we would ask the court to impose those.”

Judge Schreiner opted to include three years of post-release supervision on two of the three felony convictions involved.   The judge noted that Fitzgerald has a history of violence and has had several past terms of either prison or jail.

“You are 49 years old with a 33-year criminal history. You are violent, you have multiple terms of incarceration that have done nothing to rehabilitate you. You continue to steal from others. You are not a suitable candidate for society, must less probation.”

The judge described Fitzgerald as a thief, who has met the state’s definition of a habitual criminal, even though prosecutors did not seek that sentencing enhancement. 

The judge noted the presence of Fitzgerald’s 17-year-old son in the courtroom raised by a couple who was with him….and who has taken a positive path in life.  The judge said it was uncomfortable to lay out the defendant’s life, in front of his son. 

Under the prison terms, with credit for time already served, Fitzgerald could be eligible for release from prison to post-release supervision, in about four years, four months.