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Professional Counselor, Former Foster Parent, Charged With Operating A Firearm While Intoxicated

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Jacqueline P. Niccolai (37) of Kenosha
(Kenosha County Sheriff)

A Kenosha-area professional counselor and former foster mom was in court today and charged with operating a firearm while intoxicated. If convicted, Jacqueline P. Niccolai, 37, of Kenosha, faces up to nine months in prison and up to a $10,000 fine. Niccolai has admitted that she has recently used illegal drugs.

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Jacqueline P. Niccolai (37) of Kenosha
(Kenosha County Sheriff)

According to the criminal complaint:

A Kenosha Police Officer reported that on May 28, 2024 at approximately 2:31 a.m., he was dispatched to a residence in the 7900 block of 48th Ave for a welfare check. Dispatch advised the caller stated she was the sister of Jacqueline Niccolai, and was on a 3-way call with her. The caller wanted Niccolai checked on as she was not making sense and making off comments. The caller said that Niccolai said she fell and hit her head earlier, and she was saying she was home then said she was at a friend’s house.

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Upon arrival, officers made contact with Jacqueline P. Niccolai, identified via WI photo driver’s license. Niccolai gave consent to officers to enter her home. Police immediately observed Niccolai to be swaying while standing, slurring her words, and she had a very strong odor of intoxicants emanating from her breath. Niccolai was not making sense when police asked her questions but she did advise that she was in a group text message with a girl named Ashley Blanck. Niccolai stated Ashley had made threats to kill herself in the text message group. Niccolai stated that Ashley lived in Carol Beach.

Police asked Niccolai if she could show him the text messages and she advised she would go and grab her phone to do so. The responding officer spoke with a backup officer and he advised that he was going to walk to his squad to make a phone call regarding this matter. During this time, Niccolai walked away briefly as they had discussed her grabbing her cell phone.

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While speaking with the backup officer, Police observed Niccolai re-approach the backup officer and enter the kitchen area next to the living room where they had been standing. Instead of showing him a cell phone, Niccolai walked quickly away from his direction into the kitchen area near a staircase that led downstairs. Police then observed a slightly curved black handle sticking out of the back of Jacqueline’s dress near the small of her back. He recognized the shape of the black handle to be consistent with the handle of a revolver (handgun, aka pistol). The officer immediately ran to Niccolai’s location and ordered her to stop several times. When he was in close proximity to her back, he observed the black handle to be a revolver. Police immediately removed the revolver from the small of her back with his right hand while she was faced away from him. The officer turned to his right and placed the revolver on top of the fridge away from her reach while maintaining control of her person with his left hand. For Niccolai’s safety and officers’ safety, he placed Niccolai in handcuffs. The backup officer took possession of the revolver. Around the time that the backup officer had rendered the revolver safe, he observed the ammunition that was unloaded from the cylinder. The ammunition was consistent with the size/color of .38 Special steel cased ammunition.

In court today, Niccolai appeared without an attorney. The Kenosha DA’s office asked for a $500 cash bail and Kenosha County Court Commissioner William Michel II ordered the cash bail.

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State’s Burden of Proof
Before you may find the defendant guilty of this offense, the State must prove by
evidence which satisfies you beyond a reasonable doubt that the following two elements
were present.

Elements of the Crime That the State Must Prove:

  1. The defendant (operated) (went armed with) a firearm. The term “firearm” means a weapon that acts by the force of gunpowder. The phrase “went armed” means that a firearm must have been on the
    defendant’s person or that a firearm must have been within the defendant’s reach. In addition, the defendant must have been aware of the presence of the firearm.
  2. The defendant was under the influence of an intoxicant at the time (he) (she)
    (operated) (went armed with) a firearm.

According to the statute, there is no exception to one being in one’s home.

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Niccolai is due back in court on July 26, 2024.

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96 Responses

            1. Are they infringing on Robert Crimo III’s rights too? Use common sense buddy.

              The 2A you envision is more like the wild west. Won’t be long until irony hits you with a glock to the chest from a dindo

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        1. You are quite a man. The most manly of all men! I am in awe. Maybe we can hang out and listen to vintage Village People. You know that deep inside, you want to!

        1. See, you are really manly to control a women like that! Let’s take a walk on the wild side. You know you want to!

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            1. That is why you and I should have a midnight rendezvous. You might be too much man for me. We will see. Deep down, you know you want to lay with another man.

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          1. Let’s have a beer and discuss it. She’d whoop your ass before I could get a chance. We are the what the left hates. Straight, white, Christian, nuclear family.
            Seeth faggot, seeth.
            👌👌👌👌👌👌👌👌👌👌

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            1. You can be whatever you want, but if you’re holding yourself up as a model American…. 😂 😝 😆 but hey, I support white trash! Bless your heart

    1. She’s literally a foster child collector, loves the paychecks, spends them on herself and her own children. I know this personally because I know end of dealt with her and her family for quite a while. I hope to God she’s not allowed to ever adopt or Foster children ever again.

  1. Really? Hot is not what I see! Take off that makeup and I think she’d would look like her life right now a complete mess!

  2. The DA recommends cash bail for someone who apparently has long ties to the community, no priors and no history of missing court appearances.

      1. He should focus on having ties with his kids instead of the community but that doesn’t seem to be his priority.

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      1. Well an unloaded gun serves no purpose. And so you’re saying a person with kids can’t have a gun? Facts matter. Lol

          1. I need to read? I said an unloaded gun serves no purpose? Where did I mis read since I was making a statement about how dumb it is to have an unloaded gun? I will wait

        1. A person under the influence that is confused and scared a family member enough to call police for wellness ck should absolutely NOT be waving around a loaded gun. ESPECIALLY if kids are in the house. #Facts

        2. A drunk person with kids should not have a gun on them. Yes that it was I am saying. The jury will decide if she was drunk or not. In not… you have a point. If so, lock her up.

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            1. Shall not infringe? I missed the part where she was part of a well regulated militia. If you’re going to use the constitution, you might want to understand it first.

              The only folks who don’t vote for red flag laws are the mentally ill who shouldn’t have guns. I’m guessing you and she fall into that category. But hey, keep name call and cherry picking words from the second amendment… it’s really making your case.

            2. You would not be breaking the law if you submitted to your deep desire to lay with a man. Just do it. You know you want to.

  3. I’m wondering how bad it had to be for her sister to call police for wellness check before calling a mutual friend or neighbor first. Hopefully kids weren’t around…

    1. ashley is also a foster parent … WINNERS! that entire group of friends are losers. only reason ashley can’t even have kids is because of all the abortions she had. none of them deserve children.

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      1. It takes a lot of courage and patience to be a foster parent. No matter what you think of these ladies, they’re already better people than you. I’ve doubt you’ve done anything remotely close to helping anyone besides yourself.

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        1. Some foster parents are just baby ranchers for profit, perhaps not a better person. There’s good money in it, and if you don’t have other skills or dreams.

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      2. Ashley fostered but after adopting her children she no longer does. Also, you clearly don’t know what you’re talking about and should be ashamed of yourself. Ashley grew up in pro life ministry and is extremely pro life. She would never have an abortion. It’s disgusting to even suggest that. She also IS capable of having children, she has just wanted to adopt since she was a kid because her parents fostered & adopted too. She is a good person.
        She should never have been included in this article. I know she also no longer associates with Jacqueline.

        Not that any of this is your business and you just sound like a moron spreading these vile lies. You don’t sound like a good human to make such horrible things up about a loving person.

  4. How is this a crime? The only thing she did wrong is let the cops inside her house and allow them to disarm her.

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    1. Wisconsin law forbids individuals from carrying or operating a firearm while they are “under the influence of an intoxicant. That’s how.

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      1. Okay bootlicker. The second amendment was originally created to keep shit like this from happening. Its a slippery slope. Did they ever even prove she was intoxicated or did the cops just come up with that after the fact to cover their asses?

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        1. I guess they’ll prove what they prove in court. Fact is, someone (supposedly a relative who knows her well) was worried enough about her well being to call the cops. The cops came and concluded she was intoxicated, she left them to “get her phone” comes back, they see a gun, she ignores their commands…

          The cops made a smart call. Call me what you will. A 5 second google check will show you she’s a nut bag. Can’t blame them for watching out for their own safety.

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    2. They showed up to her house for a reason. Her sister was worried enough to call police for a wellness check. Clearly she was messed up on something and carrying around a gun.

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  5. Lesson learned? Never give cops permission to do anything and never give statements without a lawyer. Assert your rights! If a cop is trying to talk to you, he’s performing an investigation even though it may not seem like it. If she would have told the cops to get lost, this would have never happened.

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    1. Another thought, maybe instead of worrying about letting the police (who came to check on your wellbeing due to a call from a relative) in, just be a responsible gun owner and don’t put your weapon in your underwear when you’re blotto drunk.

      It’s not rocket science

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      1. How do you know she was even drunk? Because the cops said so after they disarmed her inside of her own home? You do realize cops are human and make up bullshit to cover for themselves constantly.

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        1. I don’t know she was drunk, but the cops concluded she was under the influence. Yes. Cops absolutely are human. They are professional humans who are trained to assess such situations. They made a judgment call (like they do constantly as part of their duty). As the author said, the jury will decide if she truly was drunk or not.

          This is what law and order looks like. Are you against law and order in general or just the police?

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    2. The cops definitely took advantage of this situation. She trusted them enough to let them in her home then continued to linger around looking for something. Filling quotas.

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      1. Yes, because the police are to blame for this trainwreck situation. Try again. How about if you are responsible, you don’t have to worry about stuff like this happening? A loaded gun in underpants when hammered would make most people with 2 functioning brain cells pause for a sec.

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      1. you have to be pretty scared to carry a gun around all the time, that type of pressure eventually gets to people

      2. Hey manly man. You need to follow your loins and enjoy some intimacy with another man. You know you really really want to. Just submit to your desires.

      3. Why are so many gun owners total democrats? You’re white (pretending to be) straight male. That’s a better question.

  6. I spunked on Kate’s tits while she was dating the tard.

    Shall. Not. Be.

    Straight white male is a faggot.

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