MASON CITY – A Mason City man who got a deferred judgement and probation in a felony drug case where his infant daughter tested positive for marijuana in her system is now in jail, facing the possibility of having his probation in that case revoked.
Ben Janssen, age 25, was charged in 2011 with felony D possession of marijuana with intent to deliver and an aggravated misdemeanor count of child endangerment. The charges were in relation to an incident on November 8th, 2011 in which marijuana was found by law enforcement within reach of his (at the time) 8 month old infant daughter.
As part of a child abuse investigation, the Department of Human Services drug tested Janssen’s daughter. The results of the drug test found a positive test result for marijuana in the infant’s system.
In 2012, Judge DeDra L. Schroeder sentenced Janssen to a 5 year suspended prison sentence and 3 years of probation with the Iowa Department of Corrects for his plea of guilty to the Class D felony count of possession of marijuana with intent to deliver. Judge Schroeder also suspended a $750 fine.
Judge Schroeder handed down a deferred judgment for aggravated misdemeanor charge of child endangerment that he had received for the marijuana found in his daughter’s system. Judge Schroeder also suspended a $625 civil penalty. As part of the deferred judgment the child endangerment charge would be stricken from Janssen’s criminal record should he successfully comply with the terms of his probation.
On October 24, he Iowa Department of Corrections submitted a probation violation report, and a warrant for Janssen’s arrest was issued. He was jailed Saturday night at about 8 PM and awaits a November 14 court date.
On June 6, 2014, Janssen pled guilty to second offense possession of marijuana in Winnebago county. He spent 48 hours in jail and was ordered to pay $828.28 in fines and court fees. This crime may have sparked the probation violation Janssen now faces.
The infant remained in the custody of Janssen and his girlfriend and DHS claims to have taken steps to insure the future safety of the child.
It’s all natural it’s ok the kids only getting a quick start… No worries
And, I see DHS to the rescue again!!! NOT….
How stupid can you be. And they try to tell me that weed is not habit forming.