CANTON, Minn. (FOX 47) -- A Fillmore County man is back behind bars for violating his probation. Henry Hershberger of Canton was originally booked into the Minnesota Correctional Facility-St. Cloud in September for growing and selling marijuana near an Amish school house.
After a history of numerous chemical related violations, the judge in the case said he's out of options. It was not an easy decision for Judge Robert Benson, who took an additional 10 minute recess to reassess his options.
Hershberger admitted he violated his probation with a 4th degree DUI and has failed treatments 4 times. Benson sentenced Hershberger to 36 months in prison.
At the Filmore County courthouse, 34-year-old Henry Hershberger's probation violation hearing got underway Monday afternoon.
"Our request was for the court to execute his sentence which means send him to the commission of corrections, or to prison," said Fillmore County Attorney Brett Corson. "And the request from the defense was that his sentence not be executed and that he remain on probation."
Meanwhile, Corson explains Hershberger had a parallel file that was also executed for a controlled substance crime in the 4th degree and that's the offense that occurred in 2012. The offense occurred back in February when local law enforcement agencies seized marijuana from Hershberger's father's home where Henry was growing and selling it.
It was just 100 yards away from an Amish school house.
Judge Benson sentenced Hershberger to 36 months in prison. A sentence, Hershberger's sister Lizzie, believed was fair.
"Nothing has worked for him up to this point," she said. "Multiple times he (Judge Benson) has let him go and Henry has just failed. And the number one thing, to me, is that he failed growing marijuana. And it was right by the school and Henry knows better."
In the courtroom, Hershberger admitted he has a problem, which his previous record of 20 criminal prosecutions in 6 counties can back.
"I really want him to get help," said Lizzie "I want him to get better and get treatment when he's in prison. And hopefully when he comes out he'll be a completely different Henry and the one I used to know and grew up with."
The judge sentenced Hershberger to 18 months for the second file, but the two sentences will not be served consecutively. Fillmore County Attorney Brett Corson explained two-thirds of the time would be spent in prison, then there will be a conditional release period.
Hershberger is currently being detained at the Olmsted County Adult Detention Center.
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