Judge moves Jakubowski state trial to 2018

Trial was scheduled to start Oct. 23
Judge moves Jakubowski state trial to 2018

Rock County Judge James Daley pushed back the trial for a Janesville man accused of breaking into a local gun shop and stealing 18 firearms and two silencers.

Joseph Jakubowski, 33, appeared in Rock County Court Thursday morning wearing a blue shirt that said “Dane County Jail” on the back. Jakubowski’s attorney, Michael Murphy, said he was being held there in federal custody.

“He’d prefer to be in Rock County right now, as opposed to Dane County, so we’re going to try to ameliorate his suffering as much as we can,” Murphy said. “I think he’s been away from his items, his property, which he really uses to pass the time while he’s in custody.”

Jakubowski was in court for his final pre-trial before a jury trial was scheduled to start Oct. 23. Murphy told the judge he had spoken with Prosecuting Attorney Richard Sullivan, and they agreed to push back the state trial until after Jakubowski was sentenced in federal court.

A federal jury found Jakubowski guilty of stealing firearms and being a felon in possession of those firearms on Sept. 26. Each count carries a maximum of 10 years, so Jakubowski could face up to 20 years in federal prison. U.S. District Judge William Conley scheduled Jakubowski’s federal sentencing for Dec. 20.

“If we tried this case here in Rock County at this time and, by chance, he was convicted, that would adversely affect his sentence in federal court,” Murphy said.

Jakubowski is facing state charges of burglary while arming himself with a dangerous weapon, felony theft and possession of burglarious tools. He pleaded not guilty to the charges in court on April 25.

Jakubowski is accused of using a hammer to break into Armageddon Supplies and steal 18 firearms and two silencers. He then disappeared, while local, state and federal officials spent 10 days searching for him. During the investigation, officials also learned Jakubowski wrote a 161-page manifesto and sent it to President Donald Trump.

Murphy said also said he believes Sheriff Bob Spoden generated adverse publicity about Jakubowski, making it hard for him to receive a fair trial in the county.

“On a number of occasions, I knew that the sheriff had indicated that Mr. Jakubowski was violent and that his manifesto manifested his violence,” Murphy said. “Unfortunately, I was never able to find anything in that manifesto that indicated that he was violent, so I disagree with the statements made by the sheriff.”

The defense attorney also said he was having a hard time meeting with Jakubowski because federal officials are keeping him in the Dane County Jail and have been unwilling to release him to Rock County.

“I don’t know if we’ll be able to get him out of federal custody to get him back to the Rock County Jail before sentencing,” Murphy said.

The judge has rescheduled Jakubowski’s state trial for Jan. 22 at 8:30 a.m. with is final pre-trial appearance on Jan. 18 at 11 a.m.