Predatory offender gets 21 months for failing to register
A level three predatory offender who planned to move to Red Wing and register his address as "homeless," was sentenced Monday to 21 months in prison for failing to register.
Joseph Upsher Jr., 57, entered an Alford plea - a form of a guilty plea where the defendant does not admit guilt, but admits a jury could reasonably find him guilty - in Goodhue County District Court Monday.
Upsher arrived in Red Wing Nov. 12 after serving a 21-month sentence in Minnesota Correctional Facility-Rush City for felony domestic assault. At that time, he had finished his sentence and was not under supervision. However, because he was homeless, Minnesota statute required that Upsher check in every week in person with the police department to update where he was staying.
According to a warrant the police issued Nov. 29, Upsher told police officers that he would stay in various locations around Red Wing. However, officers checked that location more than a dozen times between Nov. 19 and Nov. 26, and they never located Upsher. Upsher also failed to check in with the police department on a weekly basis.
The police department was notified Dec. 10 that Upsher was arrested on their warrant in Houston.
A jury trial in the case had been scheduled to begin Monday morning. Upsher will serve his time at Minnesota Correctional Facility-St. Cloud. He will receive credit for 100 days already served. Once he completes his prison time, he will serve 10 years on conditional release.