On Monday, April 15, Judge Jim Shirley had to decide if Todd Kersnowski could leave his cramped cell at the Pershing County Jail. He’s been incarcerated for four months.
Two years ago on May 1, 2017, the 11th Judicial Court gave Kersnowski a suspended sentence of 12 – 48 months for assault with the use of a deadly weapon. The court granted probation, not to exceed sixty months.
But at a court hearing on Feb. 20, 2019, the defendant admitted to probation violations.
Kyle Swanson, appointed to defend Kersnowski, argued that in Nov. 2018, medical professionals began weaning the defendant off psychotropic medication. On Christmas day Kersnowski lashed out at those closest to him, including his teenaged children. Except for court hearings he’s been in jail ever since.
The judge wanted a fuller picture, afforded by a mental health evaluation, before making a decision. New Frontier recently provided their assessment to the court.
On Monday both children addressed the court in Kersnowski’s defense. His entire family showed support by attending every court hearing and writing letters to the judge.
DDA Banks expressed empathy for the family and the defendant but argued for imposing the underlying prison sentence.
“I feel a lot better back on meds,” Kersnowski told Judge Shirley before sentencing. “The things I got angry about seem stupid to me now. I want to be the best father, husband and son that I can.”
“You have two wonderful well-spoken children,” said the judge. “They did not deserve what happened. They love you and want you with them.” He also remarked on the unwavering support shown by Kersnowski’s parents over the years.
The judge reinstated Kersnowski’s probation. In addition to standard terms, he must meet several special conditions including enrollment in mental health court. Kersnowski must also consult a neurologist and continue with psychotropic medication.
The judge remanded the defendant to jail for 90 days. He expects Kersnowski, with the help of his attorney, to apply to mental health court, set up a neurological evaluation and arrange parenting classes before his release.
