Michael Filsinger, a former Jefferson County Sheriff’s Office deputy, was sentenced to seven years in prison on Monday for drug charges. However, the sentence was suspended and he was placed on five years’ supervised probation.
Jefferson County Div. 1 Circuit Court Judge Joe Rathert handed down the sentencing after hearing from assistant prosecuting attorney Courtney Goodwin and defense attorney William Margulis.
On March 27, Filsinger, 37, of Arnold pleaded guilty to three counts of stealing a controlled substance, each one a class D felony punishable by up to seven years in prison, and one count of misuse of information by a public servant, a class A misdemeanor that carries a penalty of up to one year in jail.
Rathert, while issuing the sentence, included the condition that Filsinger must enter a drug treatment facility within a week of the sentencing or be placed in custody until he enters such a facility. After seven days, Filsinger was to report back to the judge to tell him what drug treatment facility he entered.
When Margulis noted that a week from the date was Labor Day, Rathert amended the deadline to the following day, Sept. 3.
Rathert also mandated that Filsinger perform 500 hours of community service as part of his probation.
The judge said if Filsinger fails to complete any part of his probation, including if he fails a mandated drug test, he will be sent to prison immediately for the three seven-year terms, which are to be served concurrently, or at the same time. The one-year misdemeanor sentence also would be served concurrently, he said.
“If you violate the terms of probation, I’m shipping you away,” Rathert said.
He said Filsinger must address his admitted drug addiction.
“You’ve got a problem we’ve got to fix,” Rathert told Filsinger.
Filsinger had been with the Sheriff’s Office since 2008 and was assigned to its special operations division. An internal investigation in September 2021 led to his firing and to charges against him linked to stealing medication from victims of crimes and suspects in criminal investigations while on duty.
In addition to working on drug investigations, Filsinger was a member of the Sheriff’s Office special weapons and tactics (SWAT) team.
Goodwin, who gave a PowerPoint presentation and spoke for about an hour prior to Rathert’s sentencing, requested the judge impose a 15-year prison sentence, saying Filsinger’s crimes were particularly disturbing since he used his position in law enforcement to steal the drugs from what she said were vulnerable victims.
While acknowledging Filsinger is a first-time offender, she described his situation as “unique” in that he worked in law enforcement and called him a “hypocrite” for arresting people for stealing drugs while he was committing the same illegal acts.
“If the justice system doesn’t work for everybody, it works for nobody,” she told the judge.
Goodwin said Filsinger made the job harder for all law enforcement by tarnishing the reputations of those in the profession.
“Everybody in this room has been affected by Michael Filsinger’s actions,” she said.
Goodwin said Filsinger’s 15 known victims are “considered special victims,” noting that the victims’ average age was 62, and at least some of them had illnesses that may have clouded their judgment.
Goodwin said Filsinger stole pills such as oxycodone while purporting to be on official investigations, adding that in at least one instance, Filsinger took pills from a bottle belonging to one of the victims, replacing the prescription pills with aspirin or Tylenol.
“It’s stealing pills, is what he was doing,” she said.
Goodwin also questioned Filsinger’s character, saying he was not the solid family man he portrayed himself to be, and questioned his claims about owning up to his bad actions.
“He’s shown some remorse, but it’s hollow,” she said.
Goodwin stressed that Filsinger had already admitted to his crimes in court.
“He pled guilty under oath to these things,” she said.
Margulis spoke on Filsinger’s behalf for about 10 minutes, stressing that he pleaded guilty to “nonviolent drug offenses” and is a first-time offender.
“I think he has clearly accepted responsibility,” Margulis said of Filsinger’s guilty pleas.
He described his client as “married with two young children” and has had steady employment since his termination from the Sheriff’s Office, contributing to his family financially during the two and a half years he has been under house arrest. During that time, he was allowed to leave his house to work.
Margulis, pointing out Filsinger’s drug addiction, urged the judge to give his client a chance at probation.