Serial Burglar Keeps Dodging Real Consequences in Kenosha County: Opinion

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Kevin J. Penfold, 26, of Kenosha
(Kenosha County Sheriff)

KENOSHA, Wis. – When a serial burglar repeatedly walks free with probation and fines, the question must be asked: what exactly were Judge Jason Rossell and the former Kenosha County District Attorney’s Office thinking? The handling of 26-year-old Kevin J. Penfold’s cases shows how a combination of weak plea deals and lenient sentencing undermined justice and endangered the community.

A Pattern Ignored

Penfold’s record began in 2018 when deputies pulled him over in Somers. He was caught driving without a license for the third time in three years and in possession of 24 grams of marijuana, along with a glass smoking pipe. He faced up to six months in jail for driving without a license, up to six months for marijuana possession, and another 30 days for the paraphernalia. The old DA’s office dismissed the two most serious counts, and he was given only a fine.

By 2020, Penfold graduated from traffic stops to major burglaries.

At a Kenosha dental office, he and accomplices broke in and caused more than $2,500 in damage while stealing tens of thousands of dollars in equipment. He was charged with burglary, felony criminal damage, theft, and even computer crimes. The burglary alone carried a maximum of 12 years and 6 months in prison. The computer crime charge carried up to 6 years, and the other felonies added years more. In total, he faced decades behind bars. The old DA’s office let him plead to a single burglary charge. Judge Jason Rossell sentenced him to four years of probation.

Not long after, Penfold was charged for another burglary at the shuttered Gas-N-Grab. Again, the maximum penalty for burglary was 12 years and 6 months in prison. Other charges for theft and property damage carried additional time. Once again, the plea was watered down and Rossell gave him four years of probation.

Believe it or not, a third burglary case tied to the same location followed. This time, prosecutors charged burglary, theft, property damage, and entry into a locked coin box—crimes that collectively exposed him to more than a decade in prison. Yet the DA’s office dropped the majority of the charges, and Rossell once again sentenced Penfold to four years probation.

A Serial Burglar, Still Free to Reoffend

Despite repeatedly facing charges that could have sent him to prison for years, Penfold never served a single day of real time behind bars for the burglaries. Instead, he walked away with probation again and again.

Earlier this year, he was charged once more—this time for disorderly conduct after a confrontation with a disabled neighbor. Though not as serious as his burglary sprees, it was yet another sign that he continues to menace the community.

Kenosha County Circuit Court Judge Jason Rossell
(File Photo by Kevin Mathewson, Kenosha County Eye)

The Public Deserves Better

This was not the fault of current District Attorney Xavier Solis, who took office after these cases were mishandled. The blame rests squarely with the old DA’s office, which repeatedly offered sweetheart plea deals, and with Judge Jason Rossell, who treated a serial burglar as if he were a first-time petty offender.

Kenosha County residents deserve a justice system that enforces the law and protects the community, not one that lets career criminals laugh at it. Penfold could have been behind bars for decades. Instead, he was allowed to walk free with probation—three times in a row.

Until the courts and prosecutors take repeat offenders seriously, burglars like Kevin Penfold will continue breaking into our businesses, damaging property, and frightening our neighbors, knowing that in Kenosha County, crime has too often carried no real consequence.

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12 Responses

  1. .. to mandatory sentencing ?

    Minimums that must be followed ??

    Especially for Repeat Offenders ???

    What ever happened to …….

    5
    2
  2. Minimums should b law for certain sentences, and after a certain number of convictions. 18 1 conviction, 19 and 2 convictions, 21 and 3 convictions…. At what point does the justice system know “this criminal fears no consequence because they’ve had none yet”?

  3. With a track record like his some prison time would usually be in order.

    What did the presentence report recommend? Did he do any jail time? What reason(s) did the judge give for the sentence?

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