By Kim McDarison
As 2023 comes to a close, below is a summary of Walworth and Jefferson county circuit court cases which Fort Atkinson Online continues to follow.
Ostria Hernandez continues to face drug-related charges, civil forfeitures
Jose Valentin Ostria Hernandez, a Whitewater man initially charged with seven drug-related criminal counts in July, but pleaded not guilty to four charges after the court reduced the number of counts, has continued to appear in court for a series of status conferences, according to the Walworth County Circuit Court docket.
On Sept. 20, the defendant, who was in custody, appeared in court for a status conference via video conference before Judge David Reddy, with legal representation provided by Attorney Kevin Boyle. Assistant District Attorney Samuel Berg appeared on behalf of the state. During the conference, an additional status conference was set for Oct. 17.
On Sept. 28, the court set a cash bond of $50,000 for the defendant.
During a status conference held Oct. 17, Ostria Hernandez appeared in court before Judge Reddy, during which time a status conference was scheduled for Jan. 16, 2024.
In August, two additional filings against Ostria Hernandez, and a second named defendant, Alejandro Ostria Hernandez, have appeared on the Wisconsin Circuit Court Access website.
A civil action was filed on Aug. 8 against the two parties, with the first complaint brought by the state and seeking the forfeiture of $2,390, and a second action, also brought by the state on Aug. 8 and seeking the forfeiture of a 2008 Cadillac sedan. A motion of stay has been granted by the court regarding both forfeitures pending the outcome of the criminal proceedings, the docket notes.
Jose Valentin Ostria Hernandez faces four charges including: two Felony C counts, one of which is manufacturing and delivering cocaine, with an offense date of Jan. 25, and a second is possession with intent-cocaine, with each count receiving a modifier of “possession with intent to deliver/distribute a controlled substance on or near a school; one Felony I count of maintaining a drug trafficking place, with an offense date of July 13, and one misdemeanor U count of possession of drug paraphernalia, with an offense date of July 13.
An earlier story about the case is here: https://whitewaterwise.com/whitewater-man-pleads-not-guilty-to-drug-related-charges/.
Jefferson County DA’s office continues to evaluate competency of woman who allegedly placed a dead infant in a field
Santos Asucena Caseres Cruz, a Whitewater woman accused of leaving an infant in a field behind a mobile home park in Whitewater last spring, continues to undergo a series of examinations ordered by the court to determine the condition of her ability to stand trial.
According to the Jefferson County Circuit Court docket, the defendant appeared before Judge William Hue on Oct. 16, during which time both Jefferson County District Attorney Monica Hall and the defendant’s attorney Jeffrey De La Rosa told the court they did not believe Caseres Cruz was competent to stand trial, however Hall requested an “independent examination,” to be done “in an expedited basis,” to determine if the defendant could be “made competent in the statutory time period.”
An “order for competency examination 2” was granted by the court on Dec. 5.
A competency hearing has been scheduled for Jan. 8, 2024.
If found competent to stand trial, Caseres Cruz faces a Felony D count of neglecting a child with a consequence of death and a Felony F count of moving, hiding or burying a corpse of a child.
As defined by Wisconsin state statutes, a Class D felony carries a maximum penalty of 25 years in prison or a fine of up to $100,000. A Class F felony carries a maximum penalty of 12.5 years in prison or a fine up to $25,000.
An earlier story about the case is here: https://whitewaterwise.com/court-to-decide-competency-of-whitewater-woman-alleged-to-have-placed-a-baby-found-deceased-in-a-field/.
Whitewater man alleged to have held a woman hostage to appear in court on Dec. 29
Yefferson Guzman Rodriguez, a Whitewater man alleged to have held a woman hostage last fall will next appear in court on Friday, Dec. 29, according to the Walworth County Circuit Court docket.
The defendant, 18, was charged with false imprisonment, strangulation, battery and disorderly conduct following his arrest by members of the Whitewater Police Department on Oct. 16, after police conducted a search for the suspect after receiving reports that he had allegedly held a female acquaintance against her will for multiple days and held a gun to her head.
In custody, the defendant appeared in court before Judge Peter Navis by video conference. He was represented by Attorney Joshua Ryan-Polczinski. Assistant District Attorney Samual Thomas Berg was in court representing the state.
During the proceedings, the court heard from a witness, Whitewater Police Officer Andrew Wipperman, and found probable cause that a felony had been committed, and that the defendant likely committed it, and bound the defendant over to stand trial.
An arraignment date was set for Nov. 27.
During the arraignment, the court set a cash bond for the defendant of $100,000.
Additionally, the court stipulated that the “defendant will not in any way contact or attempt to contact any victim(s) listed and will avoid their residence/place of employment or any place they are located and will avoid causing any other person, other than defendant’s attorney, from doing so on defendant’s behalf. The term “no contact” is hereby defined as through the mail, by telephone, by way of electronic device, in person, or through a third party. Defendant will not possess any firearms, ammunition or other weapons. Defendant shall personally ensure that payments are made under any Order for Income Withholding if the Court appoints an attorney for the defendant.”
The defendant, during the arraignment was in custody and appeared in court with his attorney Obi Uzowulu. Assistant District Attorney Samuel Thomas Berg appeared in court representing the state.
A not guilty plea was entered by the defendant’s attorney on his behalf.
A status conference was set for Dec. 4.
On Nov. 29, the court set a cash bond in the amount of $100,000 for Guzman Rodriquez.
On Dec. 4, a preliminary hearing was set for Dec. 11. Walworth County District Attorney Zeke Wiedenfeld appeared in court on behalf of the state.
On Dec. 11, the defendant, who was in custody, appeared via video conferencing before Judge Kristine Drettwan. The defendant’s attorney requested that the proceedings be “set over until” Dec. 15.
The court scheduled a status conference for the requested date.
On Dec. 15, with the defendant still in custody, a status conference is set for Dec. 29.
Charges filed against Guzman Rodriguez include one Felony H count of false imprisonment, one Felony H count of strangulation and suffocation, one misdemeanor A count of battery, and one misdemeanor B count of disorderly conduct.
Charges filed against Guzman Rodriguez carry the following penalties: Class H felony, a fine up to $10,000 and/or up to six years in prison, or both; Class A misdemeanor, a fine up to $10,000 and/or nine months in jail, or both, and a Class B misdemeanor, a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both.
An earlier story about the case is here: https://whitewaterwise.com/100000-bond-set-for-whitewater-man-alleged-to-have-held-a-woman-hostage/.
Hearn sentenced to eight years in prison following May Whitewater gas station robbery
Willie Hearn, a Whitewater man accused of robbing a BP gas station in May, was sentenced on Wednesday to eight years in prison.
Hearn was convicted in October, following a two-day trial decided by a 12-man jury, of robbing a gas station and convenience store known as the Raceway Food Mart, 1138 W. Main St., Whitewater.
Hearn was convicted of the following charges: a Felony C count of armed robbery with threat of force, two misdemeanor A counts of resisting or obstructing an officer, a misdemeanor B count of disorderly conduct, and two misdemeanor U counts, including possession of cocaine and possession of drug paraphernalia.
In Wisconsin, a Class C felony is punishable by up to 40 years of confinement, a $100,000 fine or both. A Class A misdemeanor can carry a fine of up to $10,000, up to nine month of confinement or both. A Class B misdemeanor can carry a fine up to $1,000 and up to 90 days of confinement. A Class U misdemeanor can carry a fine up to $1,000 and up to six months of confinement.
During Wednesday’s sentencing hearing, which was presided over by Judge David Reddy, the 69-year-old defendant was sentenced to eight years of initial confinement on the first count, followed by six years of extended supervision.
On counts 2-6, Hearn was given sentences to be served concurrently with time served as penalty for the first count. Concurrent sentences are as follow: Count 2, one year of initial confinement with one year extended supervision; Count 3 and 4, six months in jail; Count 5, 90 days in jail, and Count 6, thirty days in jail.
The court has also outlined conditions of the defendant’s extended supervision to include: that he pay all court and Department of Correction fees; maintain sobriety; possess no illegal drugs or paraphernalia; shall not be in any establishment where the primary purpose is the sale and/or consumption of alcohol, including, but not limited to bars, taverns, strip clubs, night clubs, or liquor stores; possess no dangerous weapons or ammunitions, and have no contact with the Raceway Food Mart or its employees or contact with a named victim.
Additionally, the court noted that the defendant is eligible for the state’s Substance Abuse program after serving four years of initial confinement.
An earlier story about the case is here: https://whitewaterwise.com/?s=Willie+Hearn.
Two Elkhorn residents alleged to have brandished a firearm in Whitewater likely to face trial
Two Elkhorn residents have been charged with crimes after police identified them as individuals who allegedly brandished a firearm at the McDonalds in Whitewater.
The incident occurred on Sept. 15, and police arrested Kya Hines, 19, and Trevor Barnes, 21, after identifying them using surveillance footage.
Both were arrested by members of the Whitewater Police Department with support from the Walworth County Sheriff’s Office after search warrants were executed on Thursday, Sept. 21.
According to information initially found on the Wisconsin Circuit Court Access website, Hines was facing charges including burglary with a dangerous weapon along with several felony and misdemeanor counts of theft.
Additionally, the same source noted that Barnes would face six felony counts of possessing a firearm after a prior felony conviction.
According to the most recent update of the filing, Hines is facing 16 counts, each with modifiers, with charges ranging from felony counts of burglary with a dangerous weapon to misdemeanor counts of theft, moveable property greater than or equal to $2,500.
The full list of counts include: one Felony E count of burglary with a dangerous weapon with a modifier of “as a party to a crime”; four Felony H counts of theft of movable property with “special facts” and a modifier of party to a crime; 10 misdemeanor A counts of theft movable property greater or equal to $2,500, with a modifier of party to a crime, and one Felony I count of possession of burglarious tools, with a modifier of party to a crime.
If convicted, Hines faces the following penalties: Class E felony, 15 years in prison, $50,000 in fines, or both; Class H felony, up to $10,000 in fines, and/or up to six years in prison; Class I felony, 3.5 years in prison or a $10,000 fine, or both, and Class A misdemeanor, up to $10,000 in fines, nine months in jail, or both.
As of Oct. 5, Hines was in custody, appearing in court via video conference, and was represented by Attorney Larry R. Pruden. Assistant District Attorney Andrew Herrmann was in court representing the state.
The court bound the defendant over for an arraignment scheduled for Oct. 24.
During the arraignment, Hines again appeared in court via video conference. A next arraignment was scheduled for Oct. 26.
On Oct. 26, the court scheduled a status conference for Nov. 13.
The docket next shows a series of communications between the judge and the defendant’s attorney seeking the dismissal of count No. 16.
On Nov. 13, during the scheduled status conference, Hines, who was in custody, appeared in court via video conference.
The court was informed that the defendant “wishes to proceed with a speedy trial.”
A pre-trial date of Jan. 8, 2024 was set, and a jury trial was scheduled for Jan. 22.
On Dec. 14, the court denied a motion to dismiss count No. 16.
Also on that date, the defendant’s attorney told the court that he was withdrawing the request for a speedy trial and asked the court to remove the trial date.
The attorney cited a need to track down digital discovery as cause for his request.
A status conference is scheduled for Feb. 6, 2024.
On Oct. 26, the defendant entered not guilty pleas on counts 1-7.
On Dec. 18, the defendant submitted a motion to enter a plea of not guilty on count No. 16.
According to the Wisconsin Circuit Count Access website, Barnes is facing 22 counts with modifiers, ranging from a Felony G count of possession of a firearm as a convicted felon to misdemeanor A charges of theft movable property greater or equal to $2,500.
The full list of charges and modifiers is as follows: six Felony G counts of possession of a firearm by a convicted felon, each with a modifier of “repeater”; one Felony E count of burglary with a dangerous weapon, with two modifiers, including “repeater,” and as a party to a crime; four Felony H counts of theft of movable property with “special facts,” and modifiers of “repeater” and as a party to a crime; 10 misdemeanor A counts including theft of movable property greater than or equal to $2,500 and criminal damage of property, each with modifiers of repeater and as a party to a crime, and one Felony I count of possession of burglarious tools, with modifiers of repeater and as a party to a crime.
On Nov. 6, Barnes, who was in custody, appeared in court via video conference before Judge Peter Navis, with his attorney Christopher Lyle Kuehn. Assistant District Attorney Zamir Abid was in court representing the state.
The defendant pleaded not guilty to all charges.
A status conference is scheduled for Jan. 4, 2024.
An earlier story about the cases concerning both defendants is here: https://whitewaterwise.com/?s=Trevor+Barnes.
Two Whitewater men continue in court system regarding drug-related charges
Two Whitewater men, Carlos Daniel Arias Perez, 19, and Rolando Lopez Gomez, 38, are facing drug-related charges after warrants were served by the Walworth County Drug Enforcement Unit in September.
Arias Perez was subsequently arrested for one count of Delivery of Cocaine, 5-15 grams, and Lopez Gomez was arrested for two counts of Delivery of Cocaine, 15- 40 grams, and one count of Delivery of Cocaine, 5-15 grams, Party to a Crime. Both men were transported, in September, to the Walworth County Jail.
Also in September the court set signature bonds of $10,000 for both men, with each ordered to post $500 in cash.
Conditions of the bond included that the defendants shall not possess or use illegal drugs or paraphernalia and each will not in any way contact or attempt to contact any victim(s) listed and will avoid their residence/place of employment or any place they are located and will avoid causing any other person, other than defendant’s attorney, from doing so on defendant’s behalf. The term “no contact” is hereby defined as through the mail, by telephone, by way of electronic device, in person, or through a third party.
Arias Perez, appearing in court via video conferencing and represented by his attorney Josh Ryan-Polczinski, was scheduled to next appear on Sept. 18 for a bail/bond hearing.
During the Sept. 18 appearance, with Arias Perez in court, the court learned that the defendant’s attorney could not be present and the court set a new date to appear of Oct. 9.
On Oct. 9, Arias Perez was not in court. His attorney, Joshua Ryan-Polczinski was. The court issued a bond forfeiture warrant. A bond forfeiture hearing was scheduled for Nov. 28.
On Nov. 11, Arias Perez, appearing via video conference before Judge Kristine Drettwan and with his attorney Jackson A. Roellig, was back in custody, according to the Walworth County Circuit Court docket.
On Nov. 17, a new bond was set in the amount of $30,000, with several stipulations, including that the defendant shall not possess or consume alcohol, drive a motor vehicle, or posses illegal drugs or drug paraphernalia.
On Nov. 28, Arias Perez was not in court, according to the docket, which further stated that a warrant was authorized, and a bail forfeiture hearing is “continued,” but the court was not “forfeiting bond at this time.”
On Nov. 30, a bench warrant was issued for Arias Perez.
On Dec. 22, Arias Perez was back in custody and appeared in court via video conference.
According to court documents, the defendant was taken into custody by ICE “at the last hearing,” and the court notes that the $30,000 cash bond “remains and is posted.”
Additionally, the record notes that the warrants are quashed.
The defendant will next appear in court on Jan. 12, 2024, for a status conference.
Lopez Gomez faces three drug-related counts, according to the docket, including one Felony E count of manufacturing and delivery of cocaine, less than 5-15 grams, and two Felony D counts of manufacturing and delivery of cocaine, less than 15-40 grams.
On Sept. 28, Lopez Gomez appeared in court with his attorney Mackenzie Renner. Assistant District Attorney Vivien L. TenHaken appeared for the state. A preliminary hearing was set for Oct. 16.
On Oct. 16, the defendant waived his right to a preliminary hearing and an arraignment date of Nov. 10 was set.
During the arraignment, the defendant pleaded not guilty to all charges. A status conference was set for Dec. 11.
On Dec. 11, the defendant’s attorney requested 60 days for the discovery process. The court awarded 30 days, setting the next status conference for Jan. 12, 2024.
An earlier story about the cases involving the two men is here: https://whitewaterwise.com/?s=Rolando+Lopez+Gomez.
Unsplash.com/file photo.
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