Joseph Jakubowski is headed to prison without revealing the location of 15 guns he stole from a town of Janesville gun shop last April, including an automatic, M16-style rifle.
The Rock County judge who sentenced him to five years in prison Wednesday is worried someone will use those guns to kill someone.
“In a country where bad things have happened, things that shouldn’t be happening, ... I am concerned about where those weapons are,” Judge James Daley said.
“They may be used against innocent people. And I know some people with your personal outlook on government don’t believe anyone is innocent,” Daley said, apparently referring to Jakubowski’s anti-government views.
“And when those weapons inevitably turn up, involved in a crime, and those lives are taken, we’ll be looking at you, Mr. Jakubowski,” Daley said.
Assistant District Attorney Rich Sullivan recommended a 10-year prison sentence for the crimes of burglary while arming oneself, theft and possession of burglary tools.
Sullivan noted Jakubowski’s previous convictions, which included an attempt to disarm a Janesville police officer in 2008.
Sullivan said Jakubowski planned the April 4 burglary of the Armageddon Supplies gun shop, and he referred to the anti-establishment manifesto Jakubowski sent to President Donald Trump on the day of the burglary.
“He had prior to that espoused some anti-government views; he has an absolute First Amendment right to that,” Sullivan said.
Sullivan also mentioned the missing guns, referring to recent school shootings and the Las Vegas massacre, saying the weapons could fall into the wrong hands.
“He’s a danger to the community, not because he personally thinks he would have attacked a school. I don’t. Not because he personally would’ve attacked a church. I don’t believe he would have done that either,” Sullivan said. “But those guns that he put into the public could be used for those purposes.”
Sullivan noted Jakubowski has said he would commit the burglary again if he could, and he believes he did the right thing and has shown no remorse.
Sullivan said Jakubowski, 33, is a young man who will have the opportunity to live a positive life and has the right to spread his views, “but he doesn’t have the right to create dangers for the community, and he doesn’t have the right to take property from others. That is the part that he has not gotten through his head.”
Defense attorney Michael Murphy said Jakubowski committed the burglary and theft after hours, when no one was likely to be there, and it was not “an attack,” as Sullivan put it.
Jakubowski had a clean criminal record for nine years before this crime, and he’s not a threat to the public, Murphy said.
Murphy noted Jakubowski’s federal offense, for the same actions, is 14 years, and he argued that more prison time is not needed.
Jakubowski should be sentenced to probation on the state charges after he serves his federal time, Murphy said.
Murphy said Jakubowski has exhibited remorse, including in an apology letter he left for the gun shop owner.
As for the guns, “Mr. Jakubowski can’t remember where they were. That doesn’t mean he’s hiding them,” Murphy said.
Jakubowski showed no sign that he might reveal where the weapons are. He gave a long statement, saying he has calmed down somewhat but that he still rejects government and religion and doesn’t believe in God.
He mentioned his anger over what he sees as lies that were spread about him. In the past, he has said he is angry about statements by law enforcement when he disappeared for 10 days, to the effect they were worried he might commit an act of mass murder with the weapons.
“OK, maybe I intended to do some wild things as far as government was concerned. I was on my way to North Dakota. What was happening in North Dakota was, government was terrorizing people,” he said, an apparent reference to his writings that mention his sympathy for Native Americans and others who were trying to stop the Dakota Access Pipeline.
“I grew up in a world of hate created by the system we live in, and I’m tired of it, and I’m giving it back. I can’t take it anymore,” he said.
He complained about his domestic-violence conviction, claiming he “never hit that woman,” and he holds it against the system for being punished for something he didn’t do.
He said he would rather be in prison or dead than be part of this world.
He said he is writing a book about his ideas, and he has no intentions of getting out of prison.
“Do what you need to do to me today. I don’t care,” he said.
Daley also ordered five years of extended supervision after Jakubowski serves his federal and state prison sentences. Daley made him eligible for a prison substance-abuse program. If he completes the program, he could cut about two years off his sentence.
Murphy had wanted Jakubowski to serve his sentence in state prison, but because the state sentence runs consecutive to the federal sentence, he has to go to federal prison first, Murphy said.
Daley’s last words to Jakubowski included these: “You say you don’t care, OK. You say you want to write a book. You’ll have plenty of time to do that.”
Daley added: “I wish you the best of fortune in your future endeavors. I hope things will work out better for you than they have thus far. Good luck.”
Meanwhile, WISC TV News 3 reported Wednesday that the owner of the gun shop, Scott Kuhl, says his landlord is kicking him out because of burglaries at the store.
Kuhl told News 3 he was looking for a place to move.
Landlord Todd Thiele confirmed he asked Kuhl to move out the day after the most recent break-in, Jan. 29.