A 19-year-old Lac du Flambeau man had a sentence withheld and was placed on probation for three years after a charge of sexual assault of a child under age 16 was amended to fourth-degree sexual assault in Vilas County Circuit Court last week.
John T. Allen Jr., pleaded no contest to the new charge and was found guilty prior to the sentencing. He also pleaded no contest and was found guilty to charges of
felony bail jumping, possession of marijuana and obstructing an officer. Two additional counts of felony bail jumping and possession of drug paraphernalia were dismissed as part of the plea agreement.
On the possession conviction, Circuit Judge Neal A. Nielsen III sentenced Allen to 104 days in the county jail, but he received credit for 104 days served. On the obstructing charge, he was sentenced to nine months in the county jail, but received credit for 104 days served.
In other cases, Allen had two felony bail jumping charges of Dec. 8 dismissed; a theft of moveable property charge of July 18 amended to misdemeanor theft; and a felony bail jumping charge of Aug. 24 amended to misdemeanor bail jumping.
It was also noted that a deferred entry of judgment for two theft of moveable property convictions in 2010 would not be revoked.
Conditions of Allen’s probation include continue alcohol and other drug abuse counseling, not to possess or consume intoxicants, no contact with minor females except with an agent present and no taverns.
Nielsen told Allen if he makes it to age 25 without any violations of probation or new crimes, he can petition the court for expungement of the felony conviction.
According to the complaint, Allen sexually assault a 15-year-old female between July and August 2012 in Lac du Flambeau.
In other felony cases, Jeffery S. Schuman, 27, of Lac du Flambeau, charged with substantial battery/domestic abuse, had a repeater deleted from the charge and pleaded not contest. He was found guilty and a presentence investigation was ordered. His sentencing hearing is set for Feb. 11 at 2:30 p.m.
Schuman also pleaded no contest and was found guilty of felony bail jumping. A charge of possession of marijuana was amended to a county disorderly conduct and he was fined $263.50. As part of the plea agreement, three other charges of felony bail jumping were dismissed.
According to the complaint, Schuman was walking down a trail May 16 in Lac du Flambeau when he pushed a woman to the ground and kicked her in the face. He then consumed intoxicants Nov. 1, a violation of his bond.
Christopher A. Kappeler, 30, of Lac du Flambeau, had a charge of robbery with use of force dismissed without prejudice, meaning the case could potentially be brought before the court again by the parties involved. According to the complaint, Kappeler was allegedly involved in a robbery at the Ojibwe Market in Lac du Flambeau Sept. 3, 2011.
In last Wednesday’s jury trial, the jury was brought into the court room at 8:45 a.m. to be sworn in and at 9:30 a.m. District Attorney Albert Moustakis asked the charge against Kappeler be dismissed without prejudice. Nielsen granted the request.
Kevin L. Diver, 18, of Lac du Flambeau, charged with three counts of first-degree sexual assault, contact with a child under age 13, waived his preliminary hearing following a competency hearing last Monday and was bound over for arraignment scheduled for Feb. 4 at 10 a.m. During the competency hearing, it was determined that Diver, who allegedly sexually assaulted a child on three occasions in 2007 and 2008, was competent to proceed in the case.
Michael W. Lehmann, 38, of Rhinelander, charged with fifth-offense operating while intoxicated and operating with a prohibited alcohol concentration, pleaded not guilty and a pretrial conference was set for Feb. 12 at 10 a.m. According to the complaint, Lehmann was arrested Nov. 2 in Eagle River with a blood alcohol level of 0.290%.
Jabri J. Aubrey Griffin, 17, of Milwaukee, charged with possession with intent to deliver marijuana and possession of drug paraphernalia, had a pretrial conference set for Jan. 22 at 2:30 p.m. and a preliminary hearing set for Feb. 11 at 11 a.m.
Frank C. Mitchell, Jr., 25, of Lac du Flambeau, charged with substantial battery, had an initial appearance adjourned to Jan. 14 at 10 a.m. According to the complaint, Mitchell allegedly kicked another man in the face more than three times, breaking the man’s jaw in two places, crushing his orbital socket and breaking his nose. Mitchell declined an interview of arresting officers, saying he was at the Flame Bar in Lac du Flambeau during the incident Sept. 6.
Robert D. Wolfe, 28, of Lac du Flambeau, charged with substantial battery and misdemeanor battery/domestic abuse, had an initial appearance adjourned to Jan. 14 at 10 a.m. He was released on a $2,000 signature bond with the conditions he have no contact with the victim and not to go on the victim’s premises, not to possess or consume intoxicants and no taverns. According to the complaint, Wolfe and another man were drinking Oct. 22 when they began arguing and Wolfe allegedly punched the other man in the face.
James R. Wewasson, 44, of Lac du Flambeau, charged with substantial battery, domestic abuse, had a preliminary hearing set for Jan. 10 at 3:30 p.m. Wewasson allegedly struck a woman in the face Nov. 17, breaking her nose.
Shane L. Philemon, 32, of Lac du Flambeau, charged with delivery of Schedule I or II narcotics, had a preliminary hearing set for Jan. 11 at 3 p.m. Philemon allegedly sold two oxycodone pills for $70 June 22, 2011, in a controlled purchase.