(Kenosha County Sheriff)
A Kenosha Judge dismissed a serious felony rape charge against a 23-year-old Kenosha man Wednesday. Judge Gerad Dougvillo dismissed the case at the conclusion of the state’s case-in-chief, meaning that he believed that no reasonable jury could conclude there was evidence enough to convict the defendant.
David Badillo-Tejeda, 23, of Kenosha was charged on November 28, 2022, with Repeated Sexual Assault of a child. The allegations were serious and included under-the clothes touching of genitals and breasts, and forced oral sex to a family member that started at age four and ended at age six. Badiolo-Tejeda was 14-16 at the time of the allegations.
(File Photo by Kevin Mathewson, Kenosha County Eye)
(Kenosha County Sheriff)
The victim, who was 11 years old when she disclosed the alleged assaults, also named another family member, Michael Badillo as having sexually assaulted her. Michael was charged on the same day as David and Michael was convicted by a jury on May 4, 2023. Judge Dougvillo, who also presided over that case, sentenced Michael to 14 years in prison followed by 10 years of extended supervision.
(File Photo By Kevin Mathewson, Kenosha County Eye)
Kenosha County Assistant District Attorney Sydney Star was prosecutor in both cases. A man who was involved in the dismissed case had the following statement:
“Today, the jury trial presided over by Judge Dougvillo was dismissed. The reason for this unfortunate decision was the inadequate performance of the Assistant District Attorney (ADA) handling the prosecution. The consequences of this oversight are dire: we now have another pedophile roaming our streets, and the jurors have lost three days of their valuable time. Who determined that ADA Sydney Star was capable of managing such a critical case? This is an inquiry that demands your attention. If Attorney Ward has succeeded in his case, it is largely due to the apparent deficiencies in the State’s handling of the proceedings.”
(File Photo by Kevin Mathewson, Kenosha County Eye)
While this case was a loss, the DA’s office did obtain a guilty verdict in another case this week. “Our week shows the full range of the successes and the challenges of a District Attorney’s office. We had a successful verdict on a child sexual assault case handled by our very skilled and dedicated specialist Alexandra Smathers. We also had a case where, under clear family pressure, a teen recanted all the details she had reported to friends and medical personnel previously and this essentially prevented the case from making it to a jury. In that circumstance the state has limited options. We tried what we could and were unsuccessful. Those outcomes are rough on all of us,” said Graveley in a statement to KCE Wednesday.
23 Responses
So now if the Victim and/or the family take justice in their own hands, we will all know Badmanillo actually did the crime.
Family is who told her to recant her statements
So does the other guy get a new trial? This is what happens when Rony evers appoints our judges.
Dougvillo was not appointed by Evers. He is an elected Republican who defeated a judge appointed by Gov. Evers.
Judge Dougvillo had no choice. His ethical responsibility is to dismiss a case when all the elements haven’t been proved. He was duly elected also.
Not one, but two family members. Your heart breaks for that little kid who had so many awful people in her life.
There was a rush to drop the charges. KUSD has hired the defendant and new employee orientation is next week, located at……. “Indian Fails” school home of the “Pedo Tigers” Go Tigers
Indian Fails hasn’t been the Tigers in a long time ever since they became a real grooming school. They go by Hawks now. How about “Pedo Stalks”?
pedo stalks, it has a nice ring to it and fitting.
The judge made the right call. Not the first and won’t be the last time a victim has been pressured (or felt pressured) to change testimony.
Gravely and his office are disgusting! What are we paying tax money for?
In fairness, they can’t control when someone lies or recants on the stand.
It wasn’t on the stand. The prosecutor didn’t even speak to the victim until the day of trial. The DA then threaten the victim with perjury.
Why didn’t she? Was it the prosecutor’s negligence or victim lack of cooperation?
Much of this would not occur if the DA’s office did not engage in the silly practice of having sham preliminary hearings where an officer reads the criminal complaint and the prosecutor never meets with the victim and witnesses early on to assess the strength of the case. It is a huge failing. And the police and DA’s office have yet to come up with a crime fighting strategy.
But this would require them to actually do a little work….and most of these ADAs are fresh out of law school and don’t know their head from their asses.
Hard to believe no recantation on the witness stand. Wouldn’t that be why the judge dumped it?
A bunch of incompetent prosecutors led by Smiley Gravely and Crooked Carli. Gravely forgot to mention that last week they lost a marijuana jury trial.
Was on a jury trial and Ada Star was awful then too. All the other jurors agreed. Lots of obvious questions and follow ups that just weren’t asked. Was honestly mind blown by the whole thing.
GET RID of this useless ADA! Parents watch your children and protect them by any means necessary from this filthy pedophile
The DA, part of the Carli Crew, failed to give notice to the defense they would use a video of the child’s interview, so the Judge correctly did not allow it.
Then the DA produced and tried to use the transcript 2 days into the trial.
Dougvillo was a DA, he knows incompetent when he sees it.
Solis for DA, tell even your democrat friends about the Carli Crew’s incompetence .
And what makes you think Solis is competent for any job, much less District Attorney? He can’t even get his act together as a solo practitioner?
Served on a jury with this assistant DA and Solis as the defense attorney. They both were terrible.
Any updates on the pedo dispatcher case?