© AP Photo/Portage County Sheriff's Dept. via WSAW-TVDillon Makuski in an undated image provided by the Portage County Sheriff's Dept. via WSAW-TV in Wausau, Wisconsin.
Dillon Makuski was convicted of possession of burglary tools after he was detained by a homeowner after entering a home. A Portage County Sheriff's deputy found six dirty diapers in his pockets.
Portage County Circuit Court Judge Frederic Fleishauer said the sentence will help Makuski get the rehabilitation he needs, but the crime didn't warrant prison time.
"I don't think your circumstance has demonstrated that need," Fleishauer said.
Makuski must also undergo a psycho-sexual examination and serve 200 hours of community service.
Assistant District Attorney Veronica Isherwood said her biggest concern with the case was the motive behind Makuski going into a home searching for diapers, and his lack of answers to investigators.
"But that just indicates to me the need for help," Isherwood said.
According to the criminal complaint, Makuski entered the house because he likes to wear diapers and thought there might be some in the house. When he didn't find any garbage bins outside, he said he opened the unlocked garage. He didn't find any trash bins there, so he walked down the stairs into the home's basement and began searching there, he said. When asked whether his intention was to steal dirty diapers, Makuski said "yes," the complaint states.
Defense attorney Melissa Dalkert said that Makuski has been on his best behavior since being released on bond, and that with the support of his family, will take advantage of services to help his psychological needs.
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