June 3, 2015 at 3:29 p.m.
Chmielewski has been evaluated twice for his mental state at the time of the attacks. One doctor determined he was suited to use a Mental Illness defense, the judge heard, and one doctor concluded he was not eligible. Chmielewski has been assisted by two public defenders, who flanked Chmielewski at the table in the courtroom and told the judge Monday the plea agreement is acceptable.
Chmielewski declared in Judge Schoffelman’s court the attack resulted in injuries “more severe than a typical assault,” and that police had to forcibly halt the beating. He acknowledged the brutal attack happened inside a private home where residents have an expectation of privacy.
Chmielewski needed to state this in order for Judge Schoffelman to be able to consider sentencing him in July under the agreement, in “upward departure” from sentencing guidelines.
Chmielewski, who was incarcerated the same day the incident took place in late December 2014, remains held. He appeared in court wearing a regulation jail jumpsuit, and under direction of his lawyers responded to statements to demonstrate he understands these felony offenses in order for the plea to be accepted.
He said the attack of the man and woman, Duane and Karen Noles, “wasn’t self defense.” He stated, “I hit him alot,” when asked to acknowledge the extent of injury inflicted.
At other points Chmielewski said, “I don’t dispute that” or “That’s what the report says,” when being walked through his plea agreement.
Lakes Area Police were dispatched by 9-1-1 after a report of an assault taking place inside a trailer at Stonegate in Lindstrom, December 9, 2014 about 7 p.m.
The officers first on-the-scene recently were recognized by the MN Police Chiefs’ Association for their life saving response at the scene.
The victims themselves were honored with a state chiefs’ Citizens’ Lifesaving Award. The Noles had allowed Chmielewski’s sister shelter inside their home; when she approached them while they were standing outdoors and they saw she was fearful and Chmielewski was agitated. These two had argued in their trailer a short distance away and reportedly had gone for a walk, to go to a relative’s dwelling, to cool down. When Chmielewski’s sister took refuge inside the Noles’s locked bathroom it initiated the assaultive behavior. The woman in the bathroom called 9-1-1.