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Vilas County Court report PDF Print E-mail

Woman gets five years’ probation

in St. Germain Pharmacy burglary

A 39-year-old Lac du Flambeau woman, involved in the burglary of the St. Germain Pharmacy Feb. 1, was placed on probation for five years after her prison sentence was stayed in Vilas County Circuit Court last week.

Dixie Rae-Flynn Allen was sentenced to three years in the Wisconsin Prison System, but Circuit Judge Neal A. Nielsen III stayed the sentence and instead placed Allen on probation. As a condition of her probation, Allen was sentenced to nine months in the county jail with work release privileges.

Allen was involved in the burglary of the St. Germain Pharmacy with Douglas W. LaBarge, 33, and Garet W. Mendez, 26, both of Lac du Flambeau. Charges of misdemeanor theft and criminal damage to property against Allen were dismissed in a plea agreement Aug. 13.

According to court re­cords, Allen and LaBarge broke into the back door of the pharmacy to steal prescription medications about 6:38 a.m. on Feb. 1, while Mendez drove the vehicle. After an alarm sounded in the pharmacy, the two ran from the pharmacy and Mendez picked them up on a nearby street. Store officials said three large bottles of the medication Hydrocodone and two small bottles of the medication Seroquel were missing from the pharmacy.

Other conditions of Allen’s probation include continue alcohol and other drug abuse treatment as deem necessary by the agent; not to possess or consume intoxicants; no medications unless prescribed and in prescribed amounts; restitution; no contact with St. Germain Pharmacy or its employees; no contact with LaBarge or Mendez; written apology to St. Germain Pharmacy; restorative justice if the victim agrees; court assessments of $5,551.98; and submit a DNA sample.

Allen’s jail time must commence by Nov. 15 and Judge Nielsen said the last 45 days could be served with day-for-day credit in a treatment facility. She will receive credit for 10 days already served in jail.

Concerning the other defendants, LaBarge was sentenced June 22 to four years in the state prison, followed by five years of extended supervision after being convicted of burglary of a building or dwelling. Charges of misdemeanor theft and criminal damage to property were dismissed.

Mendez has pleaded guilty to charges of burglary of a building or dwelling, as well as criminal damage to property. He is awaiting his sentencing hearing, which is being combined with several convictions in Oneida County involving theft and uttering a forgery.

In other felony cases, John D. Mackay, 19, of St. Germain, charged with three counts of uttering a forgery, receiving stolen property, possession of marijuana and misdemeanor bail jumping, had a plea/sentencing hearing adjourned to Jan. 28 at 3 p.m.

According to the complaint, Mackay allegedly stole checks from another person and wrote three of them for $56.89, $104 and $54.25 at an Eagle River business Feb. 16, 17 and 21.

Barbara A. Stapleton, 51, of Alvin, charged with battery of a peace officer and obstructing an officer, told the court she wants an attorney and her initial appearance was adjourned to Nov. 12 at 10 a.m.

According to the complaint, Stapleton was in Trig’s Video in Eagle River Nov. 5, 2010, and become agitated, allegedly striking a responding police officer in the chest and groin areas, and scratching his wrist. Stapleton was taken to Ministry Eagle River Memorial Hospital, where a blood test showed an alcohol level of 0.40%, according to the complaint. A $1,000 signature bond was continued with the condition she not possess or consume intoxicants.

Stephan Nicholas Congleton, 37, of Slinger, charged with burglary of a building or dwelling and possession of burglarious tools, had a jury trial set for Jan. 23, 2013, starting at 8:30 a.m.

According to the complaint, Congleton used a bolt cutter and tire pry bar to break into the rear entry of the House of Boos in downtown Eagle River Aug. 24, 2009.

Billie J. Frank, 35, of Lac du Flambeau, charged with substantial battery, party to a crime, had an initial appearance adjourned to Nov. 12 at 10 a.m. because her daughter was in the hospital. Frank is alleged to have harmed a 24-year-old Lac du Flambeau woman in a gang-related incident Oct. 12 in Lac du Flambeau.

Nicholas L. Zortman, 19, of Lac du Flambeau, charged with two counts of uttering a forgery and two counts of misdemeanor theft, told the court he wanted assistance from the public defender’s office and his plea/sentencing hearing was adjourned to Nov. 26 at 2 p.m.

According to the complaint, Zortman allegedly altered scale slips at Don Scharf Automotive and Recycling in the town of Lincoln after having metals weighed at the facility July 18 and 19, 2011. He also is charged with felony bail jumping, misdemeanor bail jumping and operating without a driver’s license, third offense, May 3.

Nicholas J. Mann, 23, of Lac du Flambeau, satisfied the requirements of a deferred entry of judgement (DEJA) and had a June 7, 2010, charge of attempting to flee or elude a traffic officer dismissed.

The one-year DEJA was entered Oct. 28, 2010, but Mann pleaded guilty to a new charge of resisting or obstructing an officer March 30, 2011, after fleeing an officer on an all-terrain vehicle March 3, 2011, and was sentenced to four months in the county jail at that time and his DEJA was extended for another year.

On Oct. 19, 2012, Judge Nielsen granted a motion to dismiss the original charge because the DEJA?was satisfied.

Andrew J. Maulson, 30, of Lac du Flambeau, charged with substantial battery and disorderly conduct, both as a repeater, pleaded not guilty and a pretrial conference was set for Dec. 11 at 10 a.m.

Maulson also is charged with two counts of felony bail jumping and operating a motor vehicle while revoked.

The battery and disorderly conduct charges stem from an incident Aug. 20 in Lac du Flambeau. The felony bail jumping charges are for allegedly operating a motor vehicle while revoked and consuming alcohol Oct. 15 in Lac du Flambeau. 

Tuesday, November 06, 2012 2:18 PM

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