Unusual manslaughter sentence is probation

The case of a fight between drunk friends that ended with one of them dead 18 months ago concluded Monday in Sixth District Court in Carlton County.

In a departure from state guidelines, Judge Rebekka Stumme placed Joel Jay Ammesmaki, 59, on probation, but with a longer-than-usual sentence for second-degree manslaughter if Ammesmaki violates that probation.

“The ball is in your court,” Stumme told Ammesmaki Monday, also dictating that Ammesmaki complete 150 hours of community service by speaking to groups about his experience. “You have a lot of opportunity to effect change in your community.

“I see too many individuals in the court who suffer from substance abuse disorders,” she continued. “It’s time to stop the madness.”

Ammesmaki pleaded guilty in January to second-degree manslaughter for the death of Clyde “Jody” Atwood, 60, in September 2021. According to the criminal complaint, Ammesmaki was arrested after police responded to a 911 call at around 2 a.m. Sept. 14, 2021, to the Fond du Lac Veterans Supportive Housing building, where both men lived. When officers arrived, they observed Ammesmaki standing near a couch and Atwood, 60, lying on the floor with blood around his nostrils. Atwood was not breathing, police reported.

Both men had been drinking whiskey heavily that night and fought, and Ammesmaki admitted he punched Atwood multiple times. Video showed Ammesmaki making two trips to the security desk and also banging on the door of another apartment over a 90-minute period that night, returning to his apartment each time.

During the plea hearing, Ammesmaki said Atwood was initially breathing, but admitted that by not calling 911 or attempting to wake Atwood for at least 40 minutes, his actions ultimately caused Atwood’s death.

Atwood’s sisters, Dawn Schulze and Kim Spoor, testified Monday that their brother’s murder has caused them great emotional duress.

Spoor described Atwood as a generous person. “He didn’t have much, but he always liked to give,” she said, telling the court how his “senseless” death changed her life in “painful and unimaginable ways.” The last time she saw him was when they took him to the casino for a meal and to play the slots for his 60th birthday. He left her a voicemail — which she still listens to frequently — thanking her for the fun day. “He was in a good place and happy,” she said.

The pain of his murder still haunts both of them.

“A part of me is gone,” Schulze, detailing her struggles with mental health since his death.

“I want to forgive, but accountability and penance needs to be done,” she said. “If he is granted probation only, where is the justice?”

Sentencing

The presumptive sentence for second-degree manslaughter with no criminal history is 48 months, with an allowed range of 41 to 57 months. Monday’s hearing centered around whether or not Ammesmaki should go to prison or remain free on probation, as requested by defense attorney William Gatton in light of Ammesmaki’s rehabilitation since the fatal fight in his apartment.

Gatton did not dispute that his client’s actions caused the death of his friend, but he did press for probation rather than imprisonment, pointing out that Ammesmaki has been sober since that night and has successfully completed treatment and cooperated with the courts, expressing great remorse. He also pointed to the family support for the U.S. Army veteran from siblings, grown children and stepchildren, plus grandchildren.

Assistant Carlton County attorney Jeffrey Boucher argued for a 48-month sentence, because of the severity of the crime and the fact that Atwood lost his life and any chance at a future.

“Every positive change that Defendant has made in his life is a positive change that Atwood will never get the opportunity to make,” Boucher wrote in a memorandum to the court.

While agreeing that achieving sobriety was a significant accomplishment for Ammesmaki, Boucher also pointed out that Ammesmaki expressed remorse, but continued to focus on Atwood’s actions that night, “shifting focus away from his own actions,” which weighed against a lighter sentence, Boucher said.

Ammesmaki also addressed the courtroom Monday, apologizing to Atwood’s family.

“I’m very sorry my best friend died in my apartment,” he said.

“I loved him. I’m so sorry this happened,” he added.

What ifs

Judge Stumme wondered if things would have gone differently that night had “alcohol not played such a large role.” She thanked Atwood’s sisters for speaking and sharing their stories, but pointed out that no matter what the sentence, it would not bring their brother back.

The judge sentenced Ammesmaki to 57 months, but stayed that sentence in favor of 180 days at the Carlton County jail or Northeast Regional Corrections Center in Saginaw, followed by supervised probation for five years. He must abstain from alcohol or mood-altering drugs and is subject to random testing. He may not enter any establishment whose main business is the sale of alcohol. He must abide by any no-contact orders and make no threats of violence.

If he violates the terms of his probation, he will go to prison.

“This is a big hammer and a bigger incentive to continue with your recovery,” Stumme said.

“I hope that people can learn from your life in terms of alcohol and controlled-substance abuse.”