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Vilas County Court report PDF Print E-mail

Jury finds Woodruff man guilty

for driving with high alcohol level

A 12-person jury deliberated just 21 minutes before returning with a guilty verdict for a 49-year-old Wood­ruff man, convicting him of fifth-offense operating with a prohibited alcohol concentration, in Vilas County Circuit Court last week.

Jay P. Fawley also was found guilty of operating a motor vehicle after revocation. He was arrested following a traffic stop Dec. 3, 2011, when he failed to display his vehicle registration decal. During the traffic stop, his preliminary breath test was 0.05%, but due to his previous convictions, he could have not more than a 0.02% alcohol level.

Vilas Circuit Judge Neal A. Nielsen III withheld Fawley’s sentence and placed him on probation for three years.

Conditions of his probation include: absolute sobriety; not to possess or consume intoxicants; no taverns; complete alcohol and other drug abuse (AODA) treatment as deemed necessary by the agent; equip with a sobrietor for remote alcohol testing; ignition interlock device for 36 months; attend alcohol assessment; fined $1,626; and driver’s license revoked for 36 months.

Fawley also must serve eight months in the county jail with work-release privileges. He will receive credit for 51 days served and his jail time must commence by Dec. 7 at 10 a.m. Nielsen said the last 45 days can be at an inpatient treatment facility, with day-for-day credit upon successful completion of the treatment.

On the operating a motor vehicle after revocation conviction, Fawley was fined $883.

In other felonies, Daniel L. Ritz, 41, of Chilton, charged with obtaining a controlled substance by fraud, identity theft for financial gain and misdemeanor theft, had an initial appearance adjourned to Jan. 7 at 10 a.m. Ritz is alleged to use a fictitious name when he was treated at Ministry Eagle River Memorial Hospital Jan. 13, 2010, and was prescribed 30 Percoret tablets.

According to the complaint, Ritz has in the past used false names at hospitals to obtain controlled substances.

Jeffrey E. Kulick, 28, of Johnson Creek, charged with two counts of child abuse causing great bodily harm, and one count of child abuse, intentionally causing harm, pleaded no contest to amended charges of physical abuse to a child. The new charges are Class H felonies rather than Class I felonies. The third charge was dismissed but will be read-in at sentencing.

Nielsen ordered a presentence investigation and sentencing was set for Feb. 4 at 2:30 p.m.

Kulick is alleged to have caused bodily harm to two children ages 2 and 3 Sept. 9, 2011. One of the children was reported to have second- and third-degree burns and was treated at the UW Hospital and Clinics burn unit. Kulick is accused of placing the children in hot water in the bathtub.

Dustin B. Shamp, 22, of Ironwood, Mich., charged with burglary of a building or dwelling, was not present for an initial appearance Nov. 26 and an adjourned initial appearance was set for Jan. 7 at 1 p.m. Nielsen was told Shamp is a defendant in the Muskegon (Mich.) Correctional Facility and a video conference will be arranged for his next scheduled ap­pearance in Vilas County Circuit Court.

According to the complaint, Shamp was allegedly involved in burglary of Pukall Lumber in Manito­wish Waters Sept. 14, 2011. Shamp with Nikkolas J. Langelle, 22, also of Ironwood, allegedly forced their entry through a service door and took about $1,000 cash from an unlocked safe and $287 from a till in the safe. Charges against Langelle were dismissed on a prosecutor’s motion but were read-in for an Iron County case.

Nicholas L. Zortman, 19, of Lac du Flambeau, charged with two counts of uttering a forgery and two counts of theft of moveable property, and more recently charged with felony bail jumping, misdemeanor bail jumping and operating with a license, third offense, had a plea      and sentencing hearing adjourned to Jan. 28 at 1:30 p.m.

According to the complaint, Zortman allegedly altered scale slips when he sold metal at Don Scharf Automotive in the town of Lincoln July 18 and 19, 2011. He was charged with felony bail jumping May 3 of this year when he is alleged to have been operating a motor vehicle without a valid driver’s license.

Anthony T. Moore, 42, of Lac du Flambeau, charged with battery or threat to a witness, as a repeater, pleaded not guilty and a pretrial conference was set for Jan. 8 at 2:15 p.m. A?motion to modify his $1,000 cash bond was denied.

According to the complaint, Moore was arrested Nov. 15 in Lac du Flambeau after emergency personnel responded to a home where Moore was allegedly intoxicated and passed out on the floor, while on probation with a no drink stipulation. He was medically cleared, but the officer allowed him to make one call on his cell phone. When the officer took the phone from Moore, he allegedly threatened the officer saying he would burn his house down.

Moore was previously convicted of resisting in 2009, and disorderly conduct and battery in 2012, all in Vilas County.

Carmen C. Potts, 32, of Lac du Flambeau, charged with manufacturing or deliver of a prescription drug Dec. 21, 2011, entered a plea of no contest. Nielsen withheld sentence and placed Potts on probation for two years. Conditions of her probation include serve 90 days in the county jail with work release or child care privileges; alcohol assessment; and any AODA treatment as deemed necessary by the agent.

According to the complaint, Potts gave a cyclobenzaprine pill to another woman for cramps during a party at a Lac du Flambeau residence Dec. 21, 2011. According to the complaint, the 19-year-old woman was later found unconscious in a bed with an empty pill bottle on the floor next to the bed. A witness estimated there were about 10 pills in the bottle.

Tuesday, December 04, 2012 4:25 PM

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