The State of Wisconsin, by Eau Claire County District Attorney Peter J. Rindal, Eau Claire, hereby moves the Court pursuant to Wis. Stat. § 971.14(6)(d) for an Order Imposing Nonmonetary Conditions of Bond. Specifically, the State seeks imposition of the following non-monetary bond conditions in this case:
1. No contact with victims BW, NW, MW or within 1000 feet of Simon Court in Eau Claire.
2. No possession of any dangerous weapons, including knives other than a kitchen knife used by the defendant within his own residence.
3. The defendant may not leave the State of Wisconsin without express written permission from Eau Claire County Circuit Court Judge Sarah M. Harless.
4. If the defendant is present outside of the State of Wisconsin, he must return to the State of Wisconsin within 48 hours of the imposition of this condition.
In support of this Motion, the State notes that Wis. Stat. § 971.14(6)(d) provides that if a defendant hasbeen deemed incompetent, the court shall release the defendant but may impose such reasonable nonmonetary conditions as will protect the public and enable the court and district attorney to discover whether the person subsequently becomes competent. In this case, the defendant was deemed incompetent and unlikely to regain competency on January 22, 2018. Pursuant to the State’s motion in November of 2022, the court ordered on March 14, 2023 that the defendant again be examined for competency. That process is still unfolding, but the court’s previous finding that the defendant is incompetent and unlikely to regain competence remains in effect, thus triggering the provisions of the statute noted above.
As noted in the attached Affidavit of Eau Claire Police Sergeant Michael Major (attached hereto and incorporated by reference), on October 2, 2023 it was reported that on September 30, 2023, the defendant eloped from the group home at which he is placed pursuant to his Protective Placement (19GN07). The defendant took his mother’s vehicle and, while in possession of cellular phone of which the defendant’s social worker was unaware, had fled to an unknown location. The defendant’s elopement triggered a nationwide Green Alert notifying the public of the situation. Eau Claire County Corporation Counsel obtained a judicial Attachment Order for the defendant’s detention and return to the group home.
During the late hours of October 2, 2023, Eau Claire County law enforcement officials were made aware that the defendant had been contacted by law enforcement officials in the State of New Mexico. Those law enforcement officials noted that the defendant’s mental state did not appear consistent with someone in need of mental commitment. Since the Attachment Order was deemed legally valid only inside the State of Wisconsin, the defendant was released. The defendant’s present whereabouts are unknown.
Based on these circumstances, the State seeks a court order imposing the above-listed nonmonetary conditions of release, as they are squarely aimed at public protection and will enable to court and district attorney to discover whether the defendant has become competent. With respect to requested conditions #1 (no-contacts) and #2 (no weapons), the State notes these conditions were originally imposed on August 1, 2016, at the outset of the criminal case and are clearly designed to protect thepublic. With respect to requested conditions #3 (requiring the defendant to remain in Wisconsin absent court permission) and #4 (requiring the defendant to return to Wisconsin if he is currently outside the state), these conditions are in response to the defendant’s elopement to New Mexico and potentially beyond. The defendant’s decision to leave the State of Wisconsin makes him categorically unavailable for purposes of observation and/or evaluations which are necessary to enable the court and district attorney to determine whether the defendant has become competent. This is especially relevant now that competency proceedings have been re-initiated. Given that the defendant’s elopement also appears to have been outside the parameters of the Protective Placement (based on the Attachment Order), the State also now has concerns about the defendant’s willingness to comply with court orders, thus making him a flight risk and potentially a risk to the public given the factual circumstances of this case.
For these reasons, the State seeks an order imposing the above-listed bond conditions. The State further asks that a hearing on this request be scheduled at the court’s earliest possible convenience.
Dated this 3rd day of October, 2023 at Eau Claire, Wisconsin.
