A far-left political activist, Joel Trudell, was arrested Tuesday night for fighting with police. Several camera views from both government and citizen cameras make it clear – Trudell resisted arrest and jeopardized the safety of the two on-duty deputies, and three off-duty police officers. We will not use the word “allegedly.” This author was no less than 5 feet from the struggle. The Kenosha Sheriff’s department asked DA Graveley to charge Trudell with two crimes, disorderly conduct and resisting/obstruction an officer. Let’s take a look at the Wisconsin Jury Instructions for the elements the prosecutors would have to prove to get guilty verdicts:
Resisting an Officer
- The defendant resisted an officer. A deputy Sheriff is an peace officer. To resist an officer means to oppose the peace officer by force or threat of force. The resistance must be directed to the officer personally.
- The Deputy was doing an act in an official capacity.
- The Deputy was acting with lawful authority.
- The defendant knew that the deputy was an officer acting in an official capacity and with lawful authority and that the defendant knew (his) conduct would resist the officer.
The video footage and sworn testimony of the two deputies would be more than enough to satisfy a jury beyond a reasonable doubt as to these three elements.
- The defendant engaged in (violent) (abusive) (indecent) (profane) (boisterous)(unreasonably loud) (or otherwise disorderly) conduct.
- The conduct of the defendant, under the circumstances as they then existed, tended to cause or provoke a disturbance.
This one is easier to prove to a jury. There were at least 4 minors in the room. They were high school students that participate in the “Youth in Governance” program that teaches kids how government is supposed to work. Unfortunately for theses students, they saw a 43-year-old-man fight police and drop “f bombs.”
KCE made contact with DA Graveley Wednesday and he told us that his office had no conflicts and his office would be making the million dollar decision – to charge or not to charge. In Wisconsin, a peace officer has the authority to make arrests and book individuals when probable cause exists. They cannot, however charge someone. Only duly elected DA’s or the State AG can do that.
The local Democratic party organized a petition campaign. Today, about a dozen or more local democrats reached out to DA Graveley and asked him to ignore Trudell’s crimes and not charge him. KCE was leaked 8 of these emails. District attorneys are supposed to make charging decisions based on the evidence and the law. They are prohibited to give in to political pressure. We asked DA Graveley today if he would let pressure from fellow democrats influence his choice. He told us he couldn’t comment on a specific case. We then asked him to commit to generally keeping politics out of his charging decisions. He refused. This means that Graveley is leaving the door open to say “Well folks, I got 197 emails that told me to drop charges so my hands are tied.” This would set a terrible precedent for law enforcement. This community supports law enforcement. When someone threatens law enforcement and uses violence against them, they need to be held accountable. Remember when DA Graveley refused to charge Jacob Blake with resisting arrest? DA Graveley was recently threatened by a Kenosha man. There was no physical contact. What did Graveley do? He asked the Racine DA’s office to charge the man with a felony. He was convicted of that felony. Is DA Graveley’s life more important than the two deputies? Graveley should make his decision based on the law and the evidence, not based on what his friends want him to do. Trudell’s wife, Kate Trudell is a former County Lawyer Contractor and is now a VP at Johnson Bank. The two may be acquainted.
Here is a list of the emails we were leaked that DA Graveley received from Kenosha Democrats who asked him to drop all charges or something similar – We will update this article when new names are received:
Tanya Kitts-Lewinski (Kenosha Teachers Union) – email@example.com
Jodi Muerhoff – firstname.lastname@example.org
Adelene Greene – email@example.com
Mary Manthei – firstname.lastname@example.org
Stacy Moore – email@example.com
Helen Breitenbach – firstname.lastname@example.org
Tenille Fick (YMCA Executive) – email@example.com
Amanda Townsend – firstname.lastname@example.org
Graveley’s email address is: Michael.Graveley@da.wi.gov
***This list is not exhaustive***