By Katy Savage, Standard Staff
It took almost a year, but authorities finally found a man wanted for stealing $40,000 of merchandise from a Woodstock business last June.
Samuel Januszewski was found speeding in South Dakota, driving without a driver’s license and in possession of marijuana in March. That’s when the Brookings County, South Dakota sheriffs contacted Vermont authorities regarding a warrant for the June burglaries, asking them if they wanted to come get him.
But as far as anyone knows, Januszewski is still there.
Extradition of Januszewski was only approved in New England and New York. Officials say there wasn’t enough money to go get him.
Decisions to extradite lie with state’s attorneys offices, which last fiscal year had a budget of about $30,000 spread across 14 county offices and the attorney general’s office — about $2,000 per department.
David Cahill, the former executive director of the Vermont Department of State’s Attorneys and Sheriffs, estimated it would have cost more than $5,000 to extradite Januszewski.
“Suffice it to say, in fiscal year ’16, South Dakota was too far away (read: expensive) for this specific case. That may change. And certainly should Mr. Januszewski be apprehended in another state, we would begin the cost-benefit analysis anew,” Cahill said in an email.
Januszewski, who attended Woodstock Union High School, allegedly stole $40,000 from Unicorn last June. Jewelry cases were broken in the gift shop and pocketknives and rings were missing along with a Dell laptop. The back wall was smashed.
The Mountain Creamery was also broken into that night. A safe box with an estimated $3,000 in it was pried from a wall and taken from the ice cream shop, though it’s unknown if Januszewski was involved in that crime as well.
Police linked Januszewski to the Unicorn break-in last October, after his blood was found on a glass case.
A warrant was issued for his arrest after Woodstock police couldn’t find him. Bail was set at $10,000.
“It didn’t make me happy,” said Unicorn store owner Jeff Kahn of the decision to not extradite. “I’d like to see justice served. I think that the right thing should be done.”
Januszewski has never been convicted of a crime in Vermont. He has a lengthy criminal record in South Dakota.
Between 2010 and 2013 Januszewski was arrested for simple and aggravated domestic assaults and possession of marijuana. He completed anger management programs only to find himself in the system again.
Januszewski was charged June 27 with ingestion of a controlled drug substance. He’s set to appear in court Aug. 24 in South Dakota.
South Dakota Brookings County State’s Attorney Clyde Calhoon knew the name well and said he had been prosecuting Januszewski “for years.”
He was surprised his colleagues in Vermont didn’t extradite, saying that’s “not how my department does business.”
South Dakota Brookings Police Department Lt. Derrick Powers was surprised as well, suggesting Vermont only cared that he had left the state.
When asked if it frustrated him, Woodstock Police Chief Robbie Blish he said, “Sure, of course it does, but I realize that things are what they are, I’d love to have the victim made whole again.”
The Vermont Department of Corrections has its own budget that it uses to extradite people who have already been convicted of the relevant offense. It also has parameters. The department will extradite sex offenders and furlough escapees from anywhere in the United States but other crimes, including misdemeanors, are limited to New England and New York.
There isn’t a state’s attorney policy on extradition.
The state’s attorneys extradited 31 criminals last year, spending about $32,000 — $2,000 more than what was budgeted.
The Department of State’s Attorney and Sheriffs is in the process extraditing four criminals wanted for the murder of a transgender homeless man in Burlington. The suspects were found in San Diego in June and are awaiting extradition, which will cost “well over $10,000,” said John Campbell, the current executive director of the Vermont Department of State’s Attorneys and Sheriffs.
“Because the fund is one that is so volatile, you have to really do an in-depth review of each case,” Campbell said. “You have to make sure, No. 1, you have a solid case against them — two, it is severe enough to warrant them being brought back.”
Cahill, who stepped back into his role as Windsor County State’s Attorney in January, said the department doesn’t disclose the geographical limitations placed on arrest warrants.
“To do so would create a primer on how to avoid apprehension,” he said.
Cahill looks at the evidence in the case, costs and budget expenditures prior to making a decision to extradite. Campbell said he looks at the strength of the case and the likelihood of a prosecution before extraditing.
“If someone’s wanted on murder or sexual assault…then those almost automatically, you’re going to extradite. When you get into misdemeanors, it’s very rare that you would,” Campbell said.
Hartford Police Department Sgt. Leonard Roberts said Hartford police extradite two or three criminals a year. One wanted for assault and violation of an abuse permit was recently extradited from Mississippi.
Sheriffs are used to transport prisoners, as are the U.S. Marshals Services and private companies, like PTS of America, LLC, based in Nashville.
It’s rare for the Windsor County Sheriff’s Department to extradite criminals.
Sheriff Mike Chamberlain sends two deputies to pick up prisoners when he receives a request, two or three times a year, he estimated. He recently provided a quote of $5,000 to pick up a prisoner in another state. He wouldn’t confirm if it was to extradite the wanted person found in Mississippi.
“We used to do a lot of extraditions,” said Chamberlain, who in his career spanning three decades has been all over the country to extradite criminals.
He guessed costs deterred the amount of extraditions now.
Chamberlain was surprised Vermont didn’t extradite Januszewski.
The case against Januszewski is strong, given the blood evidence linking him to the crime.
Campbell explained if a criminal is awaiting trial in another state, as Januszewski is, Vermont would have to pay to transport him to this state to serve a sentence and then pay to send him back to South Dakota to serve any sentence there.
Campbell, who recently stepped down after 16 years as a senator, said he’d be seeking more funding for extraditing criminals when the new session begins.
This article first appeared in the July 14, 2016 edition of the Vermont Standard.