Minnesota Sen. Nicole Mitchell will resign after guilty verdict in burglary case, attorney says

Sen. Nicole Mitchell found guilty on both counts in burglary trial

The jury in the burglary trial of Sen. Nicole Mitchell found her guilty on both charges. Mitchell, who represents Woodbury, faces a count of first-degree burglary and possession of burglary tools for allegedly breaking into her stepmother's home in Detroit Lakes in 2024.

WOODBURY, Minn. (FOX 9) - After being found guilty of burglary and now facing time behind bars, an attorney for Minnesota State Senator Nicole Mitchell says she will resign from office next month.

Sen. Nicole Mitchell to resign

What we know:

In a statement to FOX 9 on Monday, attorney Dane DeKrey said Mitchell planned to wrap up some outstanding legislative business and wrap up other tasks, including finding health insurance for her son, over the next two weeks. She plans to tender her resignation by Aug. 4 at 5 p.m.

Last week, after the guilty verdict came down, state leaders said Mitchell had promised to resign if she was found guilty in the case.

Sen. Mitchell to resign following burglary trial

Less than a week after a jury found her guilty of burglary, Minnesota Senator Nicole Mitchell has announced her plans to resign her seat.

Local perspective:

Mitchell is in the midst of her first term in the Senate, serving the 47th Senate District, which covers the Woodbury area. She was elected in 2022. Before serving in the state legislature, Mitchell was a television meteorologist and served in the Minnesota National Guard.

Guilty of burglary

The backstory:

A jury found Mitchell guilty of first-degree burglary and possession of burglary tools after a week-long trial last week. 

Mitchell was accused of breaking into the Detroit Lakes home belonging to her stepmother. She was arrested after police caught her in the household in the early morning hours of April 22, 2024.

At trial, Mitchell claimed she had gone to the home to check on her stepmother, who had been diagnosed with Alzheimer's Disease and was living alone following the death of Mitchell's father. She said she had snuck into the home because she didn't want to agitate her stepmother.

However, police body camera video showed Mitchell dressed in a stereotypical burglar's outfit, dressed in all black with a black cap. Police said she had a flashlight with a sock covering the light. Speaking with police, Mitchell admitted, "Clearly, I'm not good at this."

The prosecution argued the "why" Mitchell offered didn't justify burglary.

What's next:

A sentencing date for Mitchell has not been set. A first-degree burglary conviction carries a six-month minimum sentence in Minnesota.

Gov. Walz said Monday that he's prepared to move ahead with calling a special election as soon as possible, with the hopes of making sure the seat is filled before next year's special session.

The DFL holds a one-seat majority in the Senate.