State of Wisconsin Circuit Court St. Croix County STATE OF WISCONSIN -VS- Plaintiff, DA Case No.: 2009SC002435 Assigned DA/ADA: Francis D. Collins/klf Agency Case No.: SO2009007304 Justin Glen Rott 1712 1/2 Summit Street Eau Claire, WI 54703 DOB: 03/12/1983 Sex/Race: M/W Court Case No.: 2009CF000 ATN: Defendant. Criminal Complaint and Warrant Investigator Brent Standaert, of the St. Croix County Sheriff's Department, being first duly sworn, states that: Count 1: ATTEMPT ARMED ROBBERY WITH USE OF FORCE - AS A PARTY TO A CRIME Wilson, St. Croix County, Wisconsin, directly or as a party to a crime, with intent to steal, attempted to take property from the person or presence of the owner, Thomas W. Erickson, by use of force against the person of the owner, with intent thereby to overcome that person's physical resistance or physical power of resistance to the taking or carrying away of the property, and accomplished by use or threat of use of a dangerous weapon, contrary to sec. 943.32(1)(a) and (2), 939.50(3)(c), 939.05, 939.32 Wis. Stats., an attempt to commit a Class C Felony, and upon conviction may be fined not more than Fifty Thousand Dollars ($50,000), or imprisoned not more than twenty (20) years, or both. Count 2: ATTEMPT ARMED ROBBERY WITH USE OF FORCE - AS A PARTY TO A CRIME Wilson, St. Croix County, Wisconsin, directly or as a party to a crime, with intent to steal, attempted to take property from the person or presence of the owner, Maria Grace Erickson, by use of force against the person of the owner, with intent thereby to overcome that person's physical resistance or physical power of resistance to the taking or carrying away of the property, and accomplished by use or threat of use of a dangerous weapon, contrary to sec. 943.32(1)(a) and (2), 939.50(3)(c), 939.32, 939.05 Wis. Stats., an attempt to commit a Class C Felony, and upon conviction may be fined not more than Fifty Thousand Dollars ($50,000), or imprisoned not more than twenty (20) years, or both. Count 3: ARMED BURGLARY - AS A PARTY TO A CRIME Wilson, St. Croix County, Wisconsin, as a party to a crime, did intentionally enter a dwelling without the consent of the person in lawful possession of the place, and with 8/28/2009
intent to steal, to wit: money and drugs, while armed with a dangerous weapon, to wit: long gun, contrary to sec. 943.10(2)(a), 939.50(3)(e), 939.05 Wis. Stats., a Class E Felony, and upon conviction may be fined not more than Fifty Thousand Dollars ($50,000), or imprisoned not more than fifteen (15) years, or both. Count 4: POSSESSION OF A FIREARM BY A FELON - AS A PARTY TO A CRIME Wilson, St. Croix County, Wisconsin, directly or as a party to a crime, did intentionally possess a firearm after having been convicted of a felony in Wisconsin, contrary to sec. 941.29(2), 939.50(3)(g), 939.05 Wis. Stats., a Class G Felony, and upon conviction may be fined not more than Twenty Five Thousand Dollars ($25,000), or imprisoned not more than ten (10) years, or both. Count 5: IMPERSONATING PEACE OFFICER TO AID IN COMMISSION OF A CRIME - AS A PARTY TO A CRIME Wilson, St. Croix County, Wisconsin, directly or as a party to a crime, with the intent to commit or aid and abet in the commission of a crime, did intentionally impersonate a peace officer, contrary to sec. 946.70(2), 939.50(3)(h), 939.05 Wis. Stats., a Class H Felony, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than six (6) years, or both. Count 6: FIRST DEGREE RECKLESS INJURY - AS A PARTY TO A CRIME Wilson, St. Croix County, Wisconsin, directly or as a party to a crime, did recklessly cause great bodily harm to Thomas W. Erickson, under circumstances which show utter disregard for human life, contrary to sec. 940.23(1)(a), 939.50(3)(d), 939.05 Wis. Stats., a Class D Felony, and upon conviction may be fined not more than One Hundred Thousand Dollars ($100,000), or imprisoned not more than twenty five (25) years, or both. Count 7: AGGRAVATED BATTERY - AS A PARTY TO A CRIME Wilson, St. Croix County, Wisconsin, directly or as a party to a crime, did intentionally cause bodily harm to Maria Grace Erickson, by conduct that created a substantial risk of great bodily harm, contrary to sec. 940.19(6), 939.50(3)(h), 939.05 Wis. Stats., a Class H Felony, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than six (6) years, or both. PROBABLE CAUSE: 8/28/2009 2
Your complainant, Brent Standaert, is an investigator with the St. Croix County, WI Sheriff s Department who in that capacity has investigated allegations concerning Justin Glen Rott and read and reviewed the law enforcement agency reports of the St. Croix County Sheriff s Department, which reports complainant has used in the past and relied on the same as true, accurate and reliable, and which indicate as follows: Citizen informant Thomas W. Erickson and Maria G. Erickson said that on August 1, 2009, they were residents of 640 Main Street, a building in the Village of Wilson, St. Croix County, Wisconsin. According to the Ericksons, at about 10:55 PM on that date, a male person entered the residence without the consent of any person in lawful possession of the premises. Per the Ericksons, the male wore a black Sheriff t-shirt, camouflage pants, a hat and a bandana which covered his face. He had on his shoulder a flexible flashlight, from which light shone into the Ericksons eyes. The man kicked in the rear door of the residence. He went to the basement area where Thomas and Maria Erickson were sleeping. Their 3- year-old child was also in the residence. The man stated that he was a peace officer. He pointed a gun at the Ericksons and ordered them to the floor and told them to give him their money and drugs. Maria Erickson asked to see a badge and to be told where the man s backup was. The man reached to his shoulder and pretended to talk into a microphone, saying that backup was on the way. The male did not display any badge or other documentation of being a peace officer. Complainant s investigation has not shown that the male was a member of any law enforcement agency. Thomas Erickson then confronted the man, who continued to point a firearm at the Ericksons. Thomas Erickson and the man physically struggled over the gun. During that struggle, the man shot the gun, shooting Thomas Erickson in the abdomen and shooting Maria Erickson in her leg. Thomas Erickson was treated for his injuries at Regions Hospital for the ensuing three days. Maria Erickson was treated and released for her gunshot injury. After the shooting, the gunman fled in an unknown direction. Thomas and Maria Erickson said they did not consent to giving the person any of their personal property or to being injured by him. A search of the Erickson residence revealed spent.22 caliber rounds, a hat and much blood. These items were found in the area where, according to the Ericksons, the struggle with the gunman and the shooting occurred. Thomas Erickson said that in the course of the struggle he hit the gunman in the head with the gun butt, inflicting a blood-dispensing injury upon the man. The search of Ericksons residence also revealed 4.8 ounces of marijuana in a backpack as well as a scale and packaging material. These items were found in a detached garage 8/28/2009 3
on the premises. Thomas Erickson acknowledged selling marijuana from the detached garage. Subsequent DNA testing of some of the blood found in the area of the struggle in the Erickson residence, testing done by the Wisconsin State Crime Lab, revealed the source of the blood to be Justin Glen Rott, d.o.b. 08/12/1983. Thomas Erickson stated that Justin Glen Rott had never been on his premises, to Erickson s knowledge. Records of the St. Croix County Clerk of Court reveal that Justin G. Rott was convicted of the felony offense of Burglary in St. Croix County Case No. 2009CF000152, which conviction remains of record and unreversed. Citizen informants Debra Rott and Travis Rott stated that on 08/01/09 they observed Justin Rott wearing a black sheriff s t-shirt and camouflage pants at the Harlan Rott residence in Glenwood City, WI as late as 5:00 PM on that date. Citizen informants Don and Betty Christner indicate that on 08/01/09 they observed Justin Rott wearing a black sheriff t-shirt and camouflage pants. When picked up by Menomonie, WI Police Department on 08/03/09, Justin G. Rott was observed to have an injury to his head consistent with the nature and location of the gunbutt injury described by Erickson as inflicted on the 08/01 gunman. A motorist described picking up a male hitchhiker consistent with Justin Rott s appearance on Polk County CTH P on 08/02/09 at 7:45 AM, and dropping him off at the Lake Magnor Store in Richardson, WI. Citizen informant Sheila Briese stated that she picked up a person identified as Justin G. Rott at the Kwik-Pik Store in Cumberland. Rott asked for a ride to the St. Croix County area. Briese drove Rott to her residence in Cornell, WI, where he spent the night of 08/02/09. Rott promised Briese s boyfriend son, Chris Fultz Jr., a stolen television and a.22 caliber rifle/pellet gun in return for a ride to Menomonie. Citizen informant Chad Baldry said he was watching television at the Briese residence with Justin Rott on 08/02/09. A news story about the Wilson shooting came on. Rott quickly changed the station when the report started to give a description of the shooter. Travis Rott stated that on 07/31/09, Travis purchased marijuana from Thomas Erickson at the detached garage at the Erickson residence. Travis Rott also stated that he was with Justin Rott at the Harlan Rott residence during the day on 08/01/09. DNA analysis by the Wisconsin State Crime Lab of a hat found at the Erickson residence in a location where the Ericksons say it was knocked off the gunman, revealed that Justin G. Rott was a contributor to identifiable DNA found on the hat along with three other contributors: Jessica Christner, who stated that she was Justin G. Rott s girlfriend for a 8/28/2009 4
two-week period ending just prior to the date of the shooting; Maria Erickson; and another unknown person. Harlan Rott and Travis Rott identified the found hat as one which Justin Rott had been known to wear. Records of the Dunn County Sheriff s Department indicate that when Justin G. Rott was taken into custody on 08/03/09, he was in possession of a flexible flashlight. Information provided by Thomas Erickson and Maria Erickson is true, accurate and reliable as provided both by citizen informants and contrary to their own penal interests. Information provided by Don Christner, Betty Christner, Harlan Rott, Travis Rott, Sheila Briese, Debra Rott, Chad Baldry and Jessica Christner is true accurate and reliable. They are citizen informants. Subscribed and sworn to before me, and approved for filing on: This day of August, 2009 Investigator Brent Standaert, Complainant (Assistant)District Attorney State Bar No. 8/28/2009 5