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Ex-Worthington man given ‘significant break’ in burglary case

Htoo

WORTHINGTON — In what Fifth Judicial District Judge Gordon Moore described as a significant break in disposition, a former Worthington man could serve as little as 30 days in jail for breaking into a family member’s household and assaulting them with a key.

During Monday’s sentencing in Nobles County District Court, Bo Htoo, 24, of Marshall, received a stay of adjudication on a first-degree burglary charge and a stay of execution on a fourth-degree driving while impaired charge filed in September 2017 after a drunken incident in which he burglarized and assaulted two family members.

The burglary charge was stayed on the condition that he comply with the terms of his supervised probation, which is not to exceed three years. If found in violation of that probation, he could face a prison sentence of 41 to 57 months.

On the DWI charge, Htoo was sentenced to 90 days in jail, 60 of which will be stayed for a one-year probationary period to run concurrent with the probation term imposed on the burglary charge.

He was also ordered to pay a $500 fine on each charge, a total of $1,000. Four other charges were dismissed as part of the plea agreement.

Prior to being sentenced, prosecutor Adam Johnson said family members victimized by Htoo’s actions agreed with the plea agreement, adding that they believed his behavior to be uncharacteristic of his true self.

Johnson added that, from the state’s perspective, Htoo is childlike and immature.

Moore asked Htoo if he believed the reason he acted in such a way was due to excessive drinking, and Htoo was affirmative in his response.

“A person who drinks so much that burglarizes and assaults family members is a person who is of danger to community members,” Moore said before handing down his disposition.

Moore said he hopes his family — who he categorized as empathetic to Htoo’s situation despite being victimized — can help him be successful on his probation so he can avoid a felony conviction and prison sentence.

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