The second of two brothers who drove an all-terrain vehicle away from a sheriff’s deputy on Milton Avenue last November was sentenced Tuesday to probation and jail time, which a prosecutor said is the teen’s “one last chance” to avoid prison.
Darren T. Nicely, 17, of 2035 E. Schuster Drive, Beloit, pleaded guilty Tuesday to charges of operating a motor vehicle without owner consent, attempting to flee an officer and battery by prisoner. Other charges were dismissed and read into the record as part of an agreement.
That agreement also called for a sentence that Judge Barbara McCrory adopted: five years of probation and one year in the Rock County Jail with the possibility of early release only if he completes RECAP, which stands for Rock County Education and Criminal Addictions Program.
Ethan M. Perry of Janesville pleaded no contest in June to disorderly conduct and resisting an officer, two misdemeanors. A felony fleeing-an-officer charge was dropped, and Perry will be eligible for expungement if he completes his two years of probation.
On the night of Nov. 29, 2019, a Rock County sheriff’s deputy reported seeing an ATV driving north on Milton Avenue near Highway 14. Nicely was driving that ATV, according to the criminal complaint, and Perry was driving another ATV in the area later that night.
Assistant District Attorney Mark Jahnke said he hated to say that Nicely, at such a young age, is a convicted felon and in need of confinement, treatment and supervision for his “very serious” conduct across several cases.
Jahnke said a lot of prison time hangs over Nicely’s head if he cannot successfully complete this sentence.
Defense attorney Barbara Gerber agreed with Jahnke that this would be Nicely’s last stop before prison if he continues breaking the law.
She said Tuesday’s sentence will help her client get treatment for conditions he was dealing with by self-medicating.
She said Nicely is “one of the most personable clients” she has had and that his intelligence is “untapped.”
Nicely, who has about 136 days of sentence credit, gave a brief statement during his hearing Tuesday.
“I apologize for my actions,” he told the court.
McCrory said Nicely lost his right to vote before he was even given it by turning 18. She said she is concerned about the direction his life is going.
“I’ll say it again,” McCrory said. “I hope I never see you again.”
The judge said she hopes Nicely takes advantage of the programming available to him.
“Yes, ma’am,” he responded.