IRON MOUNTAIN - An Iron Mountain woman has been sentenced to 11 months in the Dickinson County Jail and three years probation for charges of home invasion.
Heather Ellen Heimerl, 37, pleaded guilty on Jan. 9 to home invasion, first degree, and home invasion, second degree, from incidents that occurred in the fall of 2011.
Although there were break-ins at other homes throughout Dickinson and Florence counties, law enforcement and the prosecuting attorneys for both counties chose not to pursue other charges pursuant to a plea agreement.
Defense attorney Dan Anderson of Iron Mountain said Heimerl is aware of the attention of this case, the emotions, and the fact that the victims are upset.
Anderson said Heimerl has no prior criminal history, and this is a "classic case of what drugs can do to people and what they can make them do." He referred to Heimerl's actions at the time as "sub-human."
Anderson added that this is her first time in jail, which has had a huge impact on her as she missed holidays and birthdays with her children.
"It's not a place she wants to be," said Anderson. "She is aware she could go to prison."
Anderson noted his client did not partake in a recent incident in which Suboxone was smuggled into the jail and half the population of the female block tested positive for the drug.
"It shows she wants to address her opiate addiction," he said. "I think she will improve and make herself better."
During sentencing, Heimerl said she was sorry for her actions and apologized two separate times to the victims during court.
"I made bad choices," she said.
Heimerl, a mother of four children, said she is looking forward to a 90-day residential treatment program.
Prosecuting Attorney Stephanie Brule said home invasion is one of the most serious of crimes.
Brule said Heimerl chose to deal with her relapse by breaking into people's homes to steal drugs. Heimerl stole their sense of well-being and forever altered how they will live their lives, the prosecutor said.
"Regardless of her lack of criminal history, on behalf of people ... rehabilitation is critical in this case and should be recommended," Brule said.
"My sincere hope through prosecution and jail is she does not re-offend. I hope she never ever enters another person's home," Brule added.
The home invasion, first degree, charge is from an incident that occurred on Oct. 8, 2011, in Felch Township.
Heimerl was arrested a month later on an unrelated incident where she entered a different house and took Vicodin pills.A piece of paper in her possession had the victim's name and address written on it.
The home invasion, second degree, charge is from an incident that occurred on Nov. 18, 2011, in Iron Mountain. Heimerl was observed walking out of garage and later the Vicodin pills were discovered missing.
She was identified from a photo line-up as the woman who entered the home.
Heimerl later admitted to the crime and stated she had consumed a number of the pills. Police seized from her car numerous unlabeled pill bottles and crumpled up labels with various names on them.
The two victims in this case addressed the court during sentencing.
One of those victims had a lengthy message to the victim.
She said she was in shock and disbelief that someone she didn't know would drive 20 to 30 miles to her home, enter the residence while she was home, at her most vulnerable time following the death of her father-in-law.
The victim said when Heimerl's home and vehicle were searched, three prescription bottles were found, along with 48 empty pill bottles without labels, and 14 bottles with labels with names other than Heimerl's on them.
The same victim said she does not feel safe in her home that was built by her husband and deceased father-in-law and she no longer enjoys listening to music while home.
The incident has affected her ability to get a good night's sleep, and she double-locks her doors when she is home, and when she leaves home.
"My husband and I have spent thousands of dollars on home security and I still don't feel safe," she said. "I don't know if I will ever move on."
"I didn't know who she was," she said. "Through this horrific experience I am glad it was me at home and not any of my four children."
The victim asked for a prison sentence and that she stay at least 500 feet away from her.
"Keep her out of the building I work at. This has shaken me to the core and stripped away all my sense of my home. Prison is appropriate, and I respectfully ask you put her there," the victim said.
Heimerl faced her victims in court and apologized a second time per request of the judge.
Because Heimerl has child custody cases with Circuit Court Judges Mary B. Barglind and Richard Celello, District Court Judge Christopher Ninomiya sentenced Heimerl.
Judge Ninomiya told her there is no excuse for what she did. He told Heimerl she is fortunate to be alive, and she could have easily ended up dead or injured for what she did.
"You are incredibly fortunate to be standing here," he said.
The court takes four factors into considering when sentencing a defendant. They are punishment, rehabilitation, deterrent and protection of society.
"The goal is never to do this again and send a message to the rest of society," Judge Ninomiya said. "You apparently targeted these folks. I have to take all these factors into consideration with sentencing. It was a close, close decision whether you would go to prison."
Ninomiya added that for whatever reason, the assistance Heimerl received earlier didn't cure her drug addiction.
"Stay away from drugs. I doubt you were thinking about your children when you committed these crimes. The drugs affected your thought process. It wasn't spur of the moment, it was pre-meditated," Ninomiya said. "I am not going to send you to prison, but any violations of probation I will not hesitate to send you to prison."
Because Heimerl has no prior criminal history, and no one was physically injured in the home invasions, Ninomiya ordered a jail sentence.
"You have your family by your side and supporting you. If you don't get a handle on this, you will end up dead. A singer died a few days ago for a drug overdose. It's not fair but that's reality," he said. "I don't want to hear you in court one year from now saying you made a bad decision."
Heimerl was ordered to serve three years probation.
Some conditions of probation include not using or possessing alcohol or controlled substances, comply with alcohol testing, complete residential substance abuse treatment, stay 500 feet away from the residences, employment and schools of the victims, and find employment 30 hours a week upon release from jail.
Heimerl was also ordered to serve 11 months jail with credit for 71 days served.
Restitution remains open.
Lisa M. Hoffmann's e-mail address is lhoffmann@ironmountaindailynews.com.
