STATE OF WISCONSIN CIRCUIT COURT LA CROSSE COUNTY

Transcription

1 CIRCUIT COURT LA CROSSE COUNTY STATE OF WISCONSIN -vs- Plaintiff, JOSHUA R REETZ, DOB: 10/07/ Avon Street #3 La Crosse, WI Defendant, CASE NO.: 14CF422 DA Case No. 2014LC Assigned DA/ADA: Emily E Hynek Agency Referral: ATN: SEX: M RACE: W Height: 5 ft 6 in Weight: 160 lbs HAIR: Brown EYES: Brown OTHER: Craig Teff, City of La Crosse Police Department, being first duly sworn on oath says that on information and belief: Count 1: STALKING RESULTING IN BODILY HARM of La Crosse, La Crosse County, Wisconsin, did intentionally engage in a course of conduct directed at a specific person, to wit: Brian A Grilley, that caused that person and that would cause a reasonable person under the same circumstances to suffer serious emotional distress or to fear bodily injury or death to themselves or to a member of their family or household; and where the defendant knew or should have known that at least one of the acts that constituted the course of conduct would cause Brian A Grilley to suffer serious emotional distress or induce fear in Brian A Grilley of bodily injury or death to herself or a member of his or her family or household, where the act resulted in bodily harm to Brian A Grilley, contrary to sec (2) and (3)(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: SUBSTANTIAL BATTERY of La Crosse, La Crosse County, Wisconsin, did cause substantial bodily harm to Brian A Grilley, by an act done with intent to cause bodily harm to that person, contrary to sec (2), (3)(i) Wis. Stats., a Class I Felony, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than three (3) years and six (6) months, or both. Count 3: DISORDERLY CONDUCT of La Crosse, La Crosse County, Wisconsin, while in a public or private place, did engage in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct, under circumstances in which such conduct tended to cause or provoke a disturbance, contrary to sec (1), (3)(b) Wis. Stats., a Class B Misdemeanor, and upon conviction may be fined not more than One Thousand Dollars ($1,000), or imprisoned not more than ninety (90) days, or both. Count 4: CRIMINAL TRESPASS of La Crosse, La Crosse County, Wisconsin, did intentionally enter the dwelling of Brian A Grilley, without the consent of some person lawfully upon the premises, under circumstances tending to

2 Joshua R Reetz Page 2 of 5 create a breach of the peace, contrary to sec , (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: Your complainant has reviewed the official reports of officers of the La Crosse Police Department. These reports provide basis for this complaint. Officer Whitney Hughes reports that on June 21, 2014, Karen Pedersen called and reported a man with a gun in her apartment building at 1111 Island Street in the City and County of La Crosse, Wisconsin. Officer Hughes, Officer Wiegrefe, Officer Racich, and Officer Levan responded to the call. Officer Hughes reports that when they arrived on scene, Pedersen was ordered out of the building because she was trying to go back in and retrieve her boyfriend, Brian Grilley, who was involved in the incident. Officers made contact with Grilley in the doorway of the apartment. Officers observed blood on Grilley s hands, and Grilley indicated he had a cut on his hand. Grilley had sustained a laceration that Tri-State Ambulance staff bandaged and recommended he get checked out because their professional opinion was that he may need stitches. Officer Hughes reports that after Tri-State cleared Grilley, she read him his rights and he agreed to speak about the incident. Grilley stated that earlier that evening, he was walking into his apartment and saw a male subject he has been having issues with that he knows as Jay. Grilley was with his friend, Timothy Tucker, and Grilley told Tucker he wanted to get into his apartment before they had contact with Jay who was later identified as the defendant, Joshua Reetz. Grilley went into the building using a different entrance off of Island Street. He began to unlock his door, and the defendant came down the hallway from a different exterior door off of Kane Street. The defendant began to run down the hallway towards Grilley. Grilley got into his apartment and tried to shut the door, but the defendant came running into the apartment and forced the door open. The defendant began to punch Grilley repeatedly and Grilley tried to protect his head. Grilley felt that he could not fight back and pulled out a knife from his pocket and stabbed the defendant three times. Grilley was then able to push the defendant out of the apartment and exit the building while his girlfriend, Karen Pedersen, called 911. Grilley stated that during the attack, his glasses fell off and were bent. Tucker picked up the glasses and gave them back to Grilley. Grilley expressed that without his glasses, he has very poor eye sight and can barely read the time on his watch without his glasses. Officer Hughes reports that she observed and photographed scratches on Grilley s neck, which Grilley believed were from the defendant s nails. There was also a strip of dried blood along the right side of Grilley s head, but it could not be determined to whom the blood belonged due to there being no observable injury on this portion of Grilley s head. Officer Hughes also observed and photographed petechiae that was developing in Grilley s right eye. Officer Hughes transported Grilley to the La Crosse Police Department to continue the interview. At the Police Department, she asked Grilley about any prior relationship between him and the defendant.

3 Joshua R Reetz Page 3 of 5 Grilley stated that he has known the defendant for about six months and at one point in time they had a cordial relationship. However, about four months ago, that changed. Grilley stated that about four months ago, the defendant began threatening him. Grilley believed it was around that same time that the defendant had asked Grilley if he wanted drugs, and Grilley stated he did not. The defendant got mad at Grilley and had been harassing him ever since. Grilley stated that on May 6, 2014, the defendant held a gun to his friend Tucker s head because Tucker had said something to the defendant about threatening Grilley. Grilley believed that the gun used in that incident was the same gun the defendant had shown Grilley previously when they were still on good terms. Grilley described that gun as a small black gun, possibly a 380. Grilley explained that it was a size smaller than a 9 mm handgun. Grilley stated the defendant usually carried the gun in his front right pocket. The day after the defendant stuck a gun to Tucker s head, the defendant called Grilley and began harassing Grilley about calling the police regarding that incident. Grilley stated that after this incident, he overheard the defendant tell Grilley s girlfriend, Pedersen, I am going to f*** you up, I am going to f*** you both up. Then, about two or three weeks ago, the defendant attempted to barge into Grilley s apartment, but Grilley was able to shut the door before the defendant could get inside. Grilley stated it had been about two weeks since he last saw the defendant. Grilley stated he just wanted to avoid the defendant because he did not know what the defendant was going to do. Officer Hughes asked Grilley to go through the events of the evening again in more detail. Grilley explained that he had been sitting outside the apartments at a table with Tucker. Grilley and Tucker started to walk toward the apartment when Grilley saw the defendant walking towards the apartment. Grilley told Tucker he wanted to hurry up and get into the apartment to avoid the defendant. Grilley and Tucker entered the apartment building and Grilley went to his apartment and started to unlock the door. Grilley realized when he got to the door that both the door handle was locked and the deadbolt was locked. He had unlocked the handle lock and had just started to unlock the deadbolt when he could hear someone running at him. He observed that it was the defendant, but the defendant did not say anything to him while he was running. Grilley was then able to get his deadbolt unlocked and entered his apartment. He was attempting to shut the door when the defendant entered the apartment by pushing the door open. The defendant immediately began to punch Grilley in the head and face. Grilley informed Officer Hughes that he put his hands up to protect himself and asked the defendant, Why are you doing this? and What the f***?. The defendant did not answer Grilley. Grilley believed the attack lasted about 45 seconds to a minute. Grilley believed he was punched by the defendant about ten times with a closed fist. Grilley felt like he could not get away from the defendant, and the defendant was not stopping. Grilley also believed the defendant had a gun because he had known the defendant to carry a gun in the past. Grilley explained his fear was heightened because he could not see because the defendant knocked his glasses off. Grilley stated he feared for his life and so he took his knife out of his pocket and stabbed the defendant. The defendant still did not stop punching Grilley. Grilley stated he then stabbed the defendant twice more, and the defendant finally stopped punching him. Grilley stated he dropped the knife and pushed the defendant against the wall in the hallway. At that time, Grilley noticed the defendant was bleeding. However, the defendant still swung at Grilley a few more times while Grilley was trying to leave. As he was leaving, Grilley told Pedersen to call the police. She was standing in the hallway of the apartment building because she had heard the noise inside. Grilley stated he was outside for a few minutes and realized his girlfriend had not come outside. He went back inside the building to get her, and the defendant was walking down the hallway. Grilley stated tenants in other apartments were telling the defendant to get out of the building. The defendant saw Grilley and turned around and came back toward Grilley. The defendant told Grilley, You are dead. At that time, the defendant left the building. Law Enforcement arrived shortly thereafter.

4 Joshua R Reetz Page 4 of 5 During the attack, Grilley sliced his hand open with his own knife. Grilley believed it happened because even when the knife was out, he was still trying to protect his head from the defendant punching him. The resulting laceration was approximately 2 ½ inches long and medical personnel implied that he may need stitches. Grilley stated he began carrying a knife with him at all times because of the issues he had been having with the defendant. He described the knife as a $4 dollar knife from Menards with approximately a three inch silver handle with fake wood on the sides. He described the blade as being half straight edge and half serrated. Officer Hughes reports that as the interview progressed, she observed that the victim s eye continued to develop more petechiae, and she took further photographs of the developing injury. Officer Tyler Pond reports that he arrived on scene to assist and after helping to secure the scene, he spoke with Karen Pedersen. Pedersen advised that she had been outside with Grilley when he went inside. She stated she entered very shortly after that and observed the male she knew as Jay striking Grilley outside of the apartment. She stated she did not know what was going on but the altercation ended up going into the apartment that she shares with Grilley. She stated it appeared as though Grilley was trying to get into the apartment to get away from Jay. Jay was striking Grilley and it appeared that Grilley was trying to defend himself. Pedersen advised that Jay left running out of the building. Pedersen stated that she asked Grilley what had happened, and Grilley stated, I just stabbed him, Karen, he jumped me. Pedersen advised Officer Pond that the defendant had been coming around the apartment complex threatening people for no reason. Pedersen advised that she had seen him display a handgun in the past. She stated that at one point, the defendant approached her and said, I m going to f*** you up. Pedersen advised that the defendant is crazy. Officer Pond reports that he made contact with a witness, Aileen Lane, who resides in Apartment #6. Lane advised that she had heard lots of yelling from where she was inside of her apartment. Lane said she opened the door to see what the commotion was about and saw the defendant pushing and shoving Grilley. Lane said that the defendant was also punching Grilley in the head, chest and shoulders. Lane stated that Grilley was able to open his apartment door and the defendant entered behind him, continually trying to strike Grilley. Lane advised that Grilley appeared to be fighting back and defending himself when the defendant left bleeding. Lane advised that when the defendant entered the apartment, she began yelling at him to leave, and he did end up leaving shortly after police were called. Officer Levan reports that he had on-scene contact with the defendant. The defendant told Officer Levan that he had been stabbed by a male named Brian who lived in Apartment #5. Officer Levan reports that he was not able to ask the defendant many questions because paramedics and First Responders were securing him. The paramedics advised Officer Levan that the defendant had been stabbed or cut on his right nipple and he also had a stab wound on the right side of his body near his waistline in the area of his pelvic bone. He also had another stab wound on the back right side of his body, just below his shoulder blade. Paramedics believed that the defendant also had broken ribs on the right side of his body. Officer Jon Wenger reports that he made contact on-scene with Timothy Tucker. Tucker stated he was with Grilley in the apartment building. Tucker observed a male that he recognized as the defendant. Tucker described the incident on May 6 th where the defendant held a gun to his head. Tucker stated that when the defendant saw Tucker and Grilley, the defendant came at them running. Grilley became concerned for their safety and attempted to unlock his apartment door. Tucker described as Grilley was attempting to get into his apartment, the defendant began

5 Joshua R Reetz Page 5 of 5 punching Grilley in the head. The defendant followed Grilley into his apartment and continued to punch and kick Grilley and caused him to fall to the ground. Tucker stated that he did not see Grilley stab the defendant and thought he was just punching him until he observed the blood on the defendant s clothes. Tucker described that when the defendant finally left Grilley s apartment, he walked toward Apartment #8 and attempted to get into Apartment 8 but could not. The defendant then walked back toward Grilley s apartment. Subscribed and sworn to before me and approved for filing. Dated June 26, 2014 Officer Craig Teff City of La Crosse Police Department COMPLAINANT Emily E Hynek, State Bar No Assistant District Attorney La Crosse County, Wisconsin