State of Wisconsin Circuit Court Monroe County

Transcription

1 State of Wisconsin Circuit Court Monroe County STATE OF WISCONSIN -vs- Plaintiff, Sebastian NMI Martinez West Dickens Drive Boise, ID DOB: 10/05/1994 Sex/Race: M/U Eye Color: Brown Hair Color: Black Height: 5 ft 8 in Weight: 110 lbs Alias: Also Known As Sebastian C. Martinez Also Known As Sabrina X. Martinez Also Known As Sebastian X. Martinez Also Known As Sebastian Carlos Martinez Also Known As Bash Martinez Also Known As Martinezsabrina Also Known As Martinezsebasti Also Known As Sabrina Martinez Agency: Monroe County Sheriff DA Case No.: 2015MO Assigned DA/ADA: Kevin D. Croninger Agency Case No.: Court Case No.: 2015CF000 ATN: DNA taken: Criminal Complaint Defendant, Sheriff Scott Perkins of the Monroe County Sheriff s Department being first duly sworn, states that: Count 1: THROWING OR DISCHARGING BODILY FLUIDS AT PUBLIC SAFETY WORKER, REPEATER did intentionally expel saliva at or toward a public safety worker with the intent that it come into contact with the public safety worker and without the public safety worker's consent, contrary to sec (2), (1)(b) 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. And further, invoking the provisions of sec (1)(b) Wis. Stats., because the defendant is a repeater, having been convicted of at least at least three misdemeanors during the five year period immediately preceding the commission of this offense, which conviction(s) remain of record and unreversed, the maximum term of imprisonment for the underlying crime may be increased by not more than 2 years if the prior convictions were for misdemeanors and by not more than 4 years if the prior conviction was for a felony. Count 2: CRIMINAL DAMAGE TO PROPERTY, REPEATER 07/02/2015

2 did intentionally cause damage to the physical property of another, various items of jail property, belonging to Monroe County Jail, without that person's consent, contrary to sec (1), (1)(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 further, invoking the provisions of sec (1)(a) Wis. Stats., because the defendant is a repeater, having been convicted of at least three misdemeanors in the previous 5 years which conviction(s) remain of record and unreversed, the maximum term of imprisonment for the underlying crime may be increased to not more than 2 years. Count 3: DISORDERLY CONDUCT, REPEATER 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), (1)(a) 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. And further, invoking the provisions of sec (1)(a) Wis. Stats., because the defendant is a repeater, having been convicted of at least 3 misdemeanors in the previous 5 years which conviction(s) remain of record and unreversed, the maximum term of imprisonment for the underlying crime may be increased to not more than 2 years. PROBABLE CAUSE: Complainant relates that he has reviewed incident reports prepared by Deputy Jeremy Likely and Deputy Shasta Parker of the Monroe County Sheriff s Department, law enforcement officers believed to be truthful and reliable which reports are modified in part and quoted herein: Deputy Likely Report Incident Report I, Jeremy Likely, on was working as a Deputy Jailer for the Monroe County Sheriff s office in Sparta Wisconsin. On this day I was told that Inmate Sebastian Martinez was returning from the hospital, after swallowing a spoon and would have to go on suicide watch. Contact with Sebastian Martinez Inmate Martinez was sitting in a chair in front of the office when I came into contact with him. I advised Inmate Martinez that due to him returning from the hospital after swallowing a spoon that he would have to go on a suicide watch per our medical staff. Inmate Martinez demeanor changed and he became upset. He started to roll up his sleeves to the sweater and also rolled up his pants. In prior contacts with Inmate Martinez this to me meant that he was ready to 07/02/2015 2

3 fight. Several attempts were made to explain to Inmate Martinez that the suicide watch was only temporary and that our mental health staff would be here to talk with him later that day. Inmate Martinez pretended to comply with going to receiving and then began running down that hall of the old jail. Inmate Martinez was chased down the hall by Deputy Raddatz, Deputy Von Ruden and Myself. I told Inmate Martinez that I was going to tase him if he did not stop running. In fear that he might try to grab a fire extinguisher for use as a weapon, I pulled out my Taser and Inmate Martinez stopped just in front of the North block in the hallway of East/West block. Inmate Martinez was then handcuffed by Deputy Brandon Von Ruden and Deputy Kevin Raddatz. Inmate Martinez was then moved to receiving one. When in Receiving One Inmate Martinez was asked to kneel on the bed to remove his cuffs. Inmate Martinez did comply with our commands. When asked to remove his clothing to be placed on a suicide watch, Inmate Martinez did not comply. I was able to remove Inmate Martinez s sweater and shirt but Inmate Martinez would not comply with giving up his pants. Sgt Neil Schmeling tried convincing Inmate Martinez into giving up his pants. Inmate Martinez then spit saliva in the direction of Sgt Schmeling. When Inmate Martinez started to ask about my Taser and if I was going to shoot him the decision was made that Inmate Martinez was not going to comply. Deputy Von Ruden and Deputy Raddatz were able to secure his arms and lay Inmate Martinez on his stomach on the bed in receiving one. I then removed Inmate Martinez pants. I exited the cell along with Deputy Von Ruden and Deputy Raddatz. When we were exiting Inmate Martinez then spit saliva in our direction. The door to receiving one was then secured. A short time after Inmate Martinez started kicking at the door in receiving one, he was observed spitting on it. Inmate Martinez tried to rip a hole in his mattress which was then removed from his cell. Once the mattress was removed Inmate Martinez started to bite at the Velcro of his suicide smock. In fear that he might damage the suicide smock that also was removed from his cell. Inmate Martinez then was on the bed in receiving 1 and started jumping up and down striking his head on the ceiling light. Inmate Martinez continued this until the light went out. Due to the light going out Deputy Von Ruden, Deputy Kevin Raddatz, Deputy Seth Phillips and I entered the cell of Receiving 1 to move Inmate Martinez into a receiving cell that was lighted. Due to Inmate Martinez behavior I had the taser pointed at Inmate Martinez as a safety precaution. Inmate Martinez was then handcuffed again and then placed in receiving 3. Inmate Martinez continued to yell and hit things in Receiving 3 for several minutes. Deputy Parker Report On 6/8/2015, I, Deputy Shasta Parker, was working as a fully uniformed jail deputy at the Monroe County Jail located in Sparta, WI. I was working 1900 to 0700 with Deputy Jacob Bina, Deputy Rylan Corcoran and Deputy Shelby Palmer. Inmate Sebastian Martinez was currently on administrative segregation because of having continued issues with several inmates within the jail. Deputy Palmer delivered a written warning for a jail rule violation earlier in the morning. At approximately 0645, Deputy Corcoran, Deputy Palmer and I left the main jail office to collect spoons for the facility from breakfast rounds for the day. At approximately 0650, we arrived at Girls block. At this time, Martinez threw a cup of cereal out of his cell towards staff. Deputy Rylan Corcoran stepped in to talk to Martinez about throwing his property out into the dayroom. Martinez refused to listen. Two other inmates were also in the block, so Deputy Corcoran went on to collect their spoons. Martinez had been given 07/02/2015 3

4 a rubber suicide spoon due to his recent behavior and threats to staff. When I asked Martinez for his spoon back from breakfast he held up the half of the spoon with the spork end still attached. Martinez waved it around several times, and I asked repeatedly for the spoon in which he continued to wave it around or pull it away if I reached for it. When I was able to obtain the spoon, it appeared as it had been chewed off. All Martinez stated when asked where the other half of the spoon was, it s gone, with a smile on his face. I handed over a spoon that was given to me by another inmate to Deputy Palmer and she radioed to staff that Martinez was claiming to have swallowed a part of a spoon. Deputy Palmer went to lock down the other two inmates. Deputy Corcoran was walking over near the other inmates when I observed Martinez take a pencil that was in his hand, wrap it up in a hair tie that he had that looked similar to that of a sling shot and aim it at Deputy Corcoran. I yelled, Sebastian! Put it down! He ignored my first orders. I again yelled his name and he lowered the make-shift weapon. At this point he began pouring out apple juice around his cell. More staff was radioed for assistance. While I was trying to still gain some sort of verbal control with Martinez, he began grasping pencils in an aggressive manner. He then threw apple juice out into the dayroom which splattered on Deputy Bina, Deputy Corcoran and myself. He picked up the TV remote that he had hidden in his cell, removed the batteries, and began to chew on the back in attempt to remove the springs in the battery pocket. At this time Sgt. Schmeling was advised that his assistance would be needed immediately, and Deputy Bina pulled his TASER out of his holster and kept it at his side ready for deployment if needed. Martinez dropped the remote but began to throw things around and punch the wall. Shortly after chewing on the remote, he shoved a pencil into his mouth and began chewing on it. Sgt. Schmeling arrived and was able to gain voluntary compliance from Martinez to remove the pencil from his mouth. Martinez was ordered to drop any possible weapons or pencils that he had on him. He bent down, shuffled some things around as to appear to be dropping something, only to slip it up his sleeve again. I observed the object sticking out of his sleeve and ordered him to drop it yet again, and he threw it into the corner of his cell. He was asked to turn around and put his hands behind him into the food slot. He asked where he would be going, and was informed by Sgt. Schmeling that once restrained, the two of them would be going into a conference room to talk. Martinez turned and put his hands through the food trap, allowing me to place hand cuffs on him. I checked for fit, and he complained of his hand hurting. I double locked the cuffs and told him to take a step forward but to continue facing away from staff. As his cell door opened, he turned quickly as if he was going to charge, and laughed. Sgt. Schmeling informed him that that was the type of things that would get him into trouble. Martinez was escorted out of the cell block by Sgt. Schmeling. I performed a thorough pat down on him. He was then placed in Conference Room 1 with Sgt. Schmeling. Because Martinez claimed to have swallowed the other half of the spoon and after a check was done of his cell with no recovery of the said spoon, he was sent to the hospital to be checked out per Dr. Butler. His hand was to also be addressed. Complainant relates he has been informed of Ada County Idaho Case No. CR , convicted on or about January 28, 2013 of False Information Provided on Own Identity, contrary to and in violation of Idaho Statutes I (2), a misdemeanor in the State of Idaho. On information and belief, said conviction remains of record and unreversed. 07/02/2015 4

5 Complainant relates he has been informed of Ada County Idaho Case No. CR , convicted on or about June 12, 2013 of Resisting or Obstructing contrary to and in violation of Idaho Statutes I18-70, a misdemeanor in the State of Idaho. On information and belief, said conviction remains of record and unreversed. Complainant relates he has been informed of Ada County Idaho Case No. CR , convicted on or about October 27, 2014 of False Information Provided to Government officer, contrary to and in violation of Idaho Statutes I (2), a misdemeanor in the State of Idaho. On information and belief, said conviction remains of record and unreversed, thereby making the defendant a habitual criminal pursuant to Wisconsin law On information and belief the above incident occurred in Monroe County, Wisconsin. Based on the foregoing, the complainant believes this complaint to be true and correct. Subscribed and sworn to before me, and approved for filing on: Dated: 07/02/2015 Kevin D. Croninger District Attorney State Bar No KDC cml Scott Perkins Complainant 07/02/2015 5