Man gets 25 years of probation for drugs

Published 7:52 pm Thursday, May 24, 2018

An Alden man who was in possession of nearly 150 doses of LSD in June 2017 was placed on probation for up to 25 years Thursday in Freeborn County District Court.

Andrew Peter Borland, 24, was sentenced after he pleaded guilty in February to second-degree drug possession. Borland was given a stayed sentence of more than 6 1/2 years in prison. He was sentenced to 91 days in jail and was given credit for 91 days served.

Andrew Peter Borland

Judge Steven Schwab ordered Borland to not possess firearms, ammunition, explosives, alcohol or controlled substances while on probation; submit to random testing; attend a Mothers Against Drunk Driving impact panel; and follow other court requirements.

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Court documents state Borland was charged after law enforcement was dispatched at 12:10 a.m. June 28, 2017, to 640th Avenue, south of Freeborn, on a report of a vehicle driving past road-closed signs and into a ditch.

Court documents state multiple controlled substances were found inside of a drawstring bag, including 2.2 grams of DMT, 13.2 grams of MDMA, 2.3 grams of mushrooms, 147 doses of LSD, 5 grams of marijuana wax, 55.2 grams of marijuana, 1 gram of a marijuana joint and CBD hemp additive.

Borland’s presumptive sentence ranged from nearly five years in prison to nearly seven years in prison, but that was departed from partially because of his completion of inpatient and outpatient therapy.

Borland’s lawyer, James Joseph Kuettner, said his client performed “exceedingly well” in inpatient and outpatient rehabilitation, adding though his client used to try to evade probation requirements, he is now compliant.

He noted Borland is stably employed, hopes to purchase a home and has support from those around him.

“There are a lot of reasons to keep Mr. Borland out of prison,” Kuettner said.

Freeborn County Attorney David Walker said though Borland violated the terms of his probation in a case of two counts of criminal vehicular operation by possessing drugs, there were factors noted in a pre-sentence investigation that supported Borland’s amenability to probation.

Borland was placed on probation for an extra year in that file due to the violation.

Walker said he distinguishes defendants between those who he deems to have criminal minds and those he said just need more supervision.

“I think Mr. Borland has demonstrated he needs more adult supervision,” Walker said.

In a statement before sentencing, Borland thanked Schwab for requiring he attend treatment in September.

“It was really life-changing,” he said, adding he is now focused on his future.

In approving the departure, Schwab cited Borland’s successful completion of treatment and negative blood test.

“I believe Mr. Borland is particularly amenable to probation,” Schwab said.

“Good luck. I hope it works out, but you’re not going to prison.”

About Sam Wilmes

Sam Wilmes covers crime, courts and government for the Albert Lea Tribune.

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