STATE OF WISCONSIN CIRCUIT COURT LA CROSSE COUNTY

Transcription

1 CIRCUIT COURT LA CROSSE COUNTY STATE OF WISCONSIN -vs Lee Ann Shore DOB: 07/29/ Mississippi St. #1 La Crosse, WI Plaintiff, Defendant. CASE NO.:14CF368 DA Case No. 2014LC Assigned DA/ADA: Julie Nelson Agency Referral: ATN: SEX: F RACE: W Height: 5 ft 8 in Weight: 110 lbs HAIR: Brown EYES: Brown OTHER: Deputy Cody Bernhardt, La Crosse County Sheriff s Department, being first duly sworn on oath says that on information and belief: Count 1: BURGLARY OF A BUILDING OR DWELLING Crosse County, Wisconsin, did intentionally enter a building, Coulee Region Humane Society, without the consent of the person in lawful possession of the place, and with intent to steal, contrary to sec (1m)(a), (3)(f) Wis. Stats., a Class F Felony, and upon conviction may be fined not more than Twenty Five Thousand Dollars ($25,000), or imprisoned not more than twelve (12) years and six (6) months, or both. Count 2: CRIMINAL DAMAGE TO PROPERTY Crosse County, Wisconsin, did intentionally cause damage to the physical property of another, without that person's consent, contrary to sec (1), (3)(a) Wis. Stats., a Class A Misdemeanor, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than nine (9) months, or both. Count 3: MISDEMEANOR THEFT Crosse County, Wisconsin, did intentionally take and carry away the movable property of Coulee Region Humane Society without consent and with intent to permanently deprive the owner of possession of the property, contrary to sec (1)(a) and (3)(a), (3)(a) Wis. Stats., a Class A Misdemeanor, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than nine (9) months, or both. Count 4: MISDEMEANOR BAIL JUMPING - NEW CRIME Crosse County, Wisconsin, having been charged with a misdemeanor and having been released from custody under Chapter 969 Wis. Stats., did intentionally fail to comply with the terms of her bond, to wit: to commit no new crimes, contrary to sec (1)(a), (3)(a) Wis. Stats., a Class A

2 Lee Ann Shore Page 2 of 6 Misdemeanor, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than nine (9) months, or both. Count 5: OBSTRUCTING AN OFFICER The above-named defendant on or about Monday, May 26, 2014, at 1550 Holmen Dr, in the Village of Holmen, La Crosse County, Wisconsin, did knowingly obstruct an officer, while such officer was doing an act in an official capacity and with lawful authority, contrary to sec (1), (3)(a) Wis. Stats., a Class A Misdemeanor, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than nine (9) months, or both. Count 6: MISDEMEANOR BAIL JUMPING - NEW CRIME The above-named defendant on or about Monday, May 26, 2014, at 1550 Holmen Dr, in the Village of Holmen, La Crosse County, Wisconsin, having been charged with a misdemeanor and having been released from custody under Chapter 969 Wis. Stats., did intentionally fail to comply with the terms of her bond, to wit: to commit no new crimes, contrary to sec (1)(a), (3)(a) Wis. Stats., a Class A Misdemeanor, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than nine (9) months, or both. and prays that the defendant be dealt with according to law; that the basis for complainant s charge of such offense is: A review of the records in the La Crosse County District Attorney s Office indicates the defendant, Lee Ann Shore, is charged in La Crosse County case number 13CM501 with domestic misdemeanor battery and domestic disorderly conduct. The defendant did sign a bond in that case, which required that she not commit any further crimes while out on bond. Upon information and belief that bond is in full force and effect and was signed in La Crosse County, Wisconsin. Complainant has reviewed the reports of the Onalaska Police Department and the Holmen Police Department. Officer Holm of the Onalaska Police Department reports that on May 26, 2014 at approximately 8:24 a.m. he was dispatched to the Coulee Region Humane Society, located at 911 Critter Court, in the City of Onalaska, La Crosse County, Wisconsin, regarding an entry complaint. Upon arrival Officer Holms spoke to the complainant, identified as Travis Wills, who works for Animal Control. Mr. Wills stated that he was told that someone broke into the Humane Society and took approximately fifteen cats. Officer Holm reports that Humane Society employees believed that the suspected burglar was Lee Ann Shore. Mr. Wills stated that on May 2, 2014 the Humane Society obtained a search warrant to seize all of the defendant s cats at her residence, because her apartment building was being condemned. Mr. Wills stated the defendant s cats were taken in accordance with the search warrant and taken to the Humane Society. Mr. Wills stated that all was well when he left the Humane Society at around 10:00 p.m. on May 25, Mr. Wills reports that on May 26, 2014 at 8:15 a.m., damage was located at the Humane Society and cats were missing. Officer Holm reports that he checked the Humane Society building with Mr. Wills. Officer Holm noticed the east rear window of the building was smashed and there were droplets of blood on some of the glass. Officer Holm reports that in the women s restroom there was a pair of gloves with blood

3 Lee Ann Shore Page 3 of 6 on them, and there were other clothing items in the trash. Officer Holm reports that in the cat area Mr. Wills pointed to a teal-colored jacket which was lying on a table. Mr. Wills stated that is the same type of jacket worn by the defendant, and he had taken a photograph of her wearing a similar jacket. Officer Holm reports that Heather Hankins, Executive Director of the Humane Society, also stated she believed the jacket belonged to the defendant. Officer Holm reports Mr. Wills stated the cats were removed from the cat area and also the cat intake area. Officer Holm contacted Investigator Marcon of the Onalaska Police Department who also came to the scene and collected evidence. Investigator Marcon reports that when he arrived at the scene he spoke with Mr. Wills and Ms. Hankins. Investigator Marcon also collected evidence at the scene, including the clothing and items containing blood. Investigator Marcon reports he spoke with Ms. Hankins, who stated that cat carriers located in the cat area had been taken, but they were uncertain of how many cat carriers were taken. Investigator Marcon also learned that approximately fifteen cats had been taken from the Humane Society according to Ms. Hankins. Ms. Hankins further indicated that all of the cats that had previously belonged to the defendant were among the fifteen cats that were taken. Investigator Marcon reports that the La Crosse Police Department assisted in attempting to locate the defendant. Investigator Marcon reports that the defendant s last known address of th Street North Apartment 1 in La Crosse was checked. La Crosse Police informed Investigator Marcon that the apartment has since been condemned and is not habitable. Investigator Marcon spoke with Braeden Hill, who indicated that the defendant does stay with him on occasion. Mr. Hill indicated that he and the defendant were together on the previous night, May 25, 2014, and that at around 10:00 p.m. the defendant had asked for a ride to the Perkins in Onalaska. Mr. Hill clarified that it was the Perkins on Highway 16 by the Kwik Trip. Investigator Marcon asked why the defendant wanted to go out there and Mr. Hill stated that the defendant was meeting somebody. Mr. Hill stated he did take the defendant to the Perkins on Highway 16 by the Kwik Trip and did drop the defendant off. Mr. Hill s best estimate of the time was around 10:00 p.m. Mr. Hill indicated the defendant does not have a vehicle and he believed that she had contacted someone to pick her up. Investigator Marcon went to Perkins Restaurant in Onalaska and reviewed surveillance from May 25 th and 26 th. Investigator Marcon did observe a female who looked similar to the defendant enter the Perkins at 10:37 p.m. That individual, later identified as the defendant, was seen exiting and entering the same Perkins Restaurant many times from 10:37 p.m. to 12:09 a.m. on May 26 th. Investigator Marcon did observe the surveillance which shows the defendant leaving the restaurant alone, pulling a red duffel bag suitcase and a carrying bag, at 12:09 a.m. Investigator Marcon reports that on May 27, 2014 he was notified by Officer Terry Lund that the defendant was detained in the Village of Holmen and that La Crosse County had charges on her in reference to obstructing. Investigator Marcon was informed that the defendant was being detained on the suspicion of Onalaska charges and being brought to the Onalaska Police Department. Investigator Marcon did make contact with the defendant with the Onalaska Police Department. Investigator Marcon observed what appeared to be a fresh cut on her left hand pointer finger. He also observed numerous scratches of various lengths on both of her forearms. Investigator Marcon asked the defendant about the scratches and whether or not she needed medical attention, and the defendant stated they were mosquito bites. Investigator Marcon reports that Investigator Jakowski of

4 Lee Ann Shore Page 4 of 6 the Onalaska Police Department also made contact with the defendant and observed a cut on her thumb. Investigator Marcon reports that the defendant refused to allow officers to take photographs of her injuries. Investigator Marcon reports that the defendant did request an attorney. The defendant was informed she was being placed under arrest for the burglary and related charges. Prior to leaving the Onalaska Police Department the defendant asked for a phone number from her cell phone. Investigator Marcon retrieved her phone for her to allow the defendant to look through it, and the defendant had Investigator Marcon write down a phone number from her phone for her. The phone was kept for a search warrant. Investigator Marcon reports that after the defendant was transported to the jail he did look up the phone number that the defendant wanted. Investigator Marcon observed through a Google search that the phone number came back to Tabby Town USA in Westby, Wisconsin. Tabby Town USA is identified as a no-kill cat shelter. Investigator Marcon reports that Investigator Jakowski did make contact with the owner of Tabby Town USA, identified as Marie Glover. Investigator Jakowski did receive information from Tabby Town USA that they had received an anonymous call informing him that some kittens were in a field behind the Kwik Trip in the Village of Holmen. Investigator Marcon reports that is the area where the defendant was arrested earlier that morning. Investigator Marcon and Investigator Jakowski did go to that area. Investigator Jakowski located a crate that contained four cats in a field behind the Kwik Trip and along the wood line. Investigator Marcon observed the crate with the four black kittens. Investigator Marcon observed that next to the crate were two blue duffel bags and a red pull duffel bag suitcase, which was identical to the one Investigator Marcon had observed the defendant pulling in the Perkins video. Investigator Marcon reports the Humane Society did eventually collect the kittens and eventually were able to collect twelve of the fifteen missing cats in the wooded area where the items were initially found. Investigator Jakowski reports that when he initially made contact with the defendant, he did ask to look at her hands and noticed a cut on her inner right thumb towards the web of her hand and what appeared to be two cuts on her left pointer finger. Additionally she did have many scratches on her arms. Investigator Jakowski reports that the defendant indicated that she has cats. Investigator Jakowski reports that the cats that were located behind the Kwik Trip in Holmen were returned to the Humane Society. Furthermore, some of those cats were readily identified as being from the Humane Society by the kennel manager. Investigator Jakowski reports that additional cats are missing, one of which was a cat that was quarantined for observation because it had bitten a citizen in La Crosse. Officer Vierling of the Holmen Police Department reports that on May 26, 2014 at around 10:20 p.m. he was approached by a citizen who stated there was a female, later identified as the defendant, Lee Ann Shores, wandering around the Kwik Trip on Holmen Drive, in the Village of Holmen, La Crosse County, Wisconsin, for the past half hour and the defendant appeared to be either lost or intoxicated. The citizen asked that Officer Vierling check on the defendant. Officer Vierling arrived at Kwik Trip and observed the defendant walking south behind the Kwik Trip and Burger King. Officer Vierling reports this immediately struck him as unusual because people do not normally walk there. Officer Vierling made contact with the female, described as wearing blue jeans, a teal colored shirt and had longer black hair. Officer Vierling made contact with the defendant and asked what she was up to. The defendant stated she was going to Kwik Trip to get coffee and call her friend to pick her up. Officer Vierling explained to the defendant why he made contact with her and she stated she was fine. Officer Vierling asked if she had any identification on her and she stated she did not. Officer Vierling asked the defendant for her first name and she paused and stated Sheila. Officer Vierling asked her

5 Lee Ann Shore Page 5 of 6 for her last name and she stated Porter. Officer Vierling asked her for her date of birth and she paused, then provided a birth date of June 27, Officer Vierling reports this struck him as unusual because the defendant had to pause, look away and put her head in her hand as if she had to think about the question after each number she provided. Officer Vierling suspected the defendant was lying about her identity. The defendant provided Officer Vierling information with where she had been staying and what she was going to be doing. The defendant denied drinking or using drugs that evening. Officer Vierling asked the defendant to hold out her arms, and he observed several thin scratches on both her arms. Officer Vierling asked the defendant about the scratches and she stated that they were from cats. Officer Vierling told the defendant that he did not think she was telling the truth and asked her again what her real name was, and she stated it was Sheila. Officer Vierling advised the defendant that if she was lying she could be charged with obstructing, which is a crime. Officer Vierling reports the defendant kind of laughed and stated she was not lying. Officer Vierling eventually let the defendant go, but stayed in the area to keep an eye on her. A short time later he observed the defendant walking south back towards the Kwik Trip. He again spoke with the defendant and asked her where she was going and she indicated she was going to go to Kwik Trip to get coffee and call her friend. The defendant previously explained to Officer Vierling that she was going to Kwik Trip and asked someone to use their telephone because she did not have a phone. Later while speaking with the defendant, Officer Vierling heard what sounded like a cell phone ring. Officer Vierling asked the defendant what the ringing was and she advised it must be her cell phone. Officer Vierling told her that earlier she had stated she did not have a cell phone and asked why she would lie about that. The defendant then stated she thought the phone was dead. Officer Vierling reports the phone continued to ring and he asked her if she was going to answer it, but she stated she was not going to answer it in front of the officer. Officer Vierling again told the defendant that he thought she was lying and she stated she was not lying and walked away. Officer Vierling observed her walk towards Kwik Trip, then over to Fox Auto, across the street to the south of Kwik Trip. Officer Vierling then watched the defendant walk east on Cole Court along Fox Auto towards farmland, where he lost visual contact of her. On May 27, 2014 Officer Vierling reports that a few hours into his shift he checked the inmate locater to see who was in jail. Officer Vierling came across Lee Ann Shore and he immediately recognized her as Sheila Porter from the night prior. Officer Vierling reports that the defendant had been arrested the morning of May 27, 2014 as a suspect to a burglary to the Coulee Region Humane Society in Onalaska which occurred the night prior to his contact with her. Complainant has reviewed the report of Deputy Schaller, which indicates that on May 27, 2014 at 6:07 a.m., Deputy Schaller of the La Crosse County Sheriff s Department was dispatched to the Kwik Trip on Holmen Drive in the Village of Holmen, for a report of a welfare check of a female later identified as the defendant. Deputy Schaller reports the defendant had been wandering the store and had been there for approximately an hour. The defendant had been inside of the bathroom for several minutes and when asked by an employee if she needed any help the defendant stated she was fine. Deputy Schaller reports he arrived on scene to find the defendant walking by the Burger King. Deputy Schaller made contact with her and asked her if she was okay and she stated she was. The defendant told Deputy Schaller that her name was Sheila Porter, with a date of birth of June 24, Deputy Schaller reports that he ran the information through Dispatch and there was no match. The defendant stated she was heading to a friend s house in Holmen but did not know the address or the full name of her friend. Upon further questioning the defendant became agitated. Deputy Schaller told her that he did not know who she was and she was not coming back on file. The defendant insisted that she was Sheila.

6 Lee Ann Shore Page 6 of 6 Deputy Schaller reports he entered his squad car and allowed the defendant to walk away. Deputy Schaller reports the defendant then turned around and started heading toward Onalaska. Deputy Schaller stopped her again and asked who she was and she again stated that she was Sheila. Deputy Schaller reports he requested backup assistance and Sergeant Lubinski and Deputy LeQue of the Sheriff s Department and Onalaska Officer Terry Lund. When Officer Lund arrived on scene he advised Deputy Schaller that the defendant matched the description of a break-in suspect. Officer Lund detained the defendant for identification purposes. Deputy Schaller and Officer Lund report that they determined this was the defendant, Lee Ann Shore, and not Sheila. The defendant was arrested and transported to the Onalaska Police Department. Officer Holm reports that he made contact with the defendant after she was arrested and transported to the Onalaska Police Department. Officer Holm reports that the defendant had two bags, being a black purse and a red shoulder bag with her. Officer Holm reports the red bag contained dirty clothing and the black purse contained personal items. At the bottom of the black purse were smaller chards of glass and a big piece of glass that appeared to be consistent with the windows that were broken at the Humane Society. The larger shard of glass was taken as evidence and turned over to Investigator Marcon. Officer Sullivan of the Onalaska Police Department reports that she spoke with Noel Sullivan, who works for Bullet Cab. Ms. Sullivan contacted the Onalaska Police Department and spoke with Officer Sullivan regarding the defendant. Ms. Sullivan also provided a written statement. Ms. Sullivan indicated that on May 26, 2014 she as driving and dispatching for Bullet Cab. At 5:12 a.m. a female called to get a cab at the Stony Creek Inn, located in the City of Onalaska. The female stated she would be waiting outside. Ms. Sullivan indicated she arrived at the hotel and did not see anyone waiting at the entrance. Ms. Sullivan called the woman back and the woman stated she was waiting on the corner by the road that leads to Gundersen. Ms. Sullivan drove around and indicted that the female asked her to pull around because the female had luggage. Ms. Sullivan stated the female then loaded the back seat with four or five bags that were zipped shut and a cat carrier. Ms. Sullivan indicated she saw movement in the bags and heard some cat sounds. The female told Ms. Sullivan that she was from La Crosse and really wanted to leave town. The female stated she only had $15 and needed to get to Milwaukee. The female asked Ms. Sullivan for a ride to Holmen and asked if that was on the way to Milwaukee, and Ms. Sullivan told her no. Ms. Sullivan drove her to the Kwik Trip in Holmen as requested. Ms. Sullivan reports as she was driving up to the corner of the building the female asked to be dropped off on the grass behind for her cats. Ms. Sullivan indicated she dropped the female off there at 5:40 a.m. Subscribed and sworn to before me and approved for filing. Dated May 30, 2014 Deputy Cody Bernhardt La Crosse County Sheriff s Department COMPLAINANT Julie Nelson, State Bar No Assistant District Attorney La Crosse County, Wisconsin