Kenosha County Judges Need To Wake Up On OWI Sentencing: Opinion

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Marcus Mann and Megan Schultz
(Kenosha County Sheriff’s Office)

KENOSHA, Wis. — Today, Megan Schultz quietly booked herself into the Kenosha County Jail to begin a seven-day sentence for a drunk-driving crash that could have taken the lives of her two small children. Seven days. For nearly killing her own kids. If you’re not offended — you’re not paying attention.

Her blood-alcohol concentration was nearly three times the legal limit. She was still drinking behind the wheel. Her children — the most precious cargo imaginable — were trapped in the back seat, dependent on her judgment. And she chose selfish recklessness.

Even more ironic — standing in that jail at the same time is Marcus Mann, who now faces homicide charges after allegedly crossing the center line and killing a woman in Somers. Two impaired drivers. Two devastatingly dangerous choices. One life lost forever — and one mother walking back out after a long week.

Those kids survived by luck.

Marcus Mann’s victim did not. Mann is currently in jail, charged with homicide by intoxicated use of a vehicle after allegedly crossing the center line and killing a woman head-on in Somers. One family will never recover.

Two cases. Two drunk drivers. One minor consequence — and one life taken. The message being sent in Kenosha County by our Judiciary is dangerously inconsistent.

And this isn’t an isolated problem. In recent months, judges in this county have repeatedly treated OWI-3rd like a speeding ticket:

Maribel Herrera-Jaimes, 28, of Kenosha
(Kenosha County Sheriff’s Office)

A Kenosha woman with two prior OWIs was given only 100 days of work-release for her third. She will leave the jail every day to go to work, then return to her own bed at night — a mere inconvenience disguised as accountability.

Michael A. Pettry, 38, of Pleasant Prairie
(Kenosha County Sheriff’s Office)

A man with repeat OWI history who resides outside Pleasant Prairie avoided straight jail time entirely for his third offense. No confinement. No real consequence.

Joseph M. Decker, 40, of Pleasant Prairie
(Kenosha County Sheriff’s Office)

And a drunk-driving third-offense wrong-way driver on Highway 50 was allowed to avoid a single day of straight time, despite the life-ending danger that behavior represents.

These rulings — these choices — are exactly how Wisconsin ends up with drivers racking up fourth, fifth, and sixth OWIs. We wring our hands and ask how it keeps happening. Here’s the answer: because we teach repeat drunk drivers that there will be no meaningful penalty until they kill someone.

Work-release is pitched as compassionate so their families aren’t harmed. But when you drink, drive, and gamble with lives, your family should feel the consequences. That’s accountability. That’s what deterrence looks like.

Judges are not elected to ensure impaired drivers remain comfortable and employed. They are elected to protect the community. And allowing dangerous repeat offenders to go home every night — to rest in the same bed they risked others never returning to — is not protection.

It’s negligence.

And as for Schultz, once she completes this laughably light sentence of seven days, she will seemingly be headed right back to the RecPlex to teach figure skating — with an ankle monitor strapped to her leg. How she will be able to lace up an ice skate with that device on has yet to be seen. The optics alone are unbelievable.

If Kenosha County judges don’t start treating OWI-2nd and OWI-3rd like the deadly threats they are, we will keep seeing headlines like Marcus Mann’s case — except worse. We will see more deaths. More families destroyed. And more judges acting shocked.

The truth is simple:

It starts with seven-day sentences.
And it ends with funerals.

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Author

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  1. Kevin, Check out Christopher Rias. He is the one that hit my parents with a BAC of .31 at 11am. Let out on minimal bail. This case is still ongoing and he gets arrested again for OWI 3rd and gets out on $850 and then doesn’t show up for his initial appearance for that case. Will he show for his next Kenosha hearing or will he be the next to kill or injure someone with his clear disregard for law and keeps walking out and getting drunk and back behind the wheel

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    1. I hope your parents survived the crash without injuries. I agree strongly that 2nd, 3rd, 4th, 5th… OWI convictions should be considered much more seriously by the courts. Each time a drunk/high person chooses to drive they are carelessly and recklessly taking others lives in their hands. Thank you, Kevin and Dan, for keeping these crimes in the public eye.

      1. 1st offense should be a mandatory $500 fine, $1000 to victims fund restitution, and interlock for 6 months. No exceptions and that is without injuries.
        Injuries directly to jail, no exceptions. Time would reflect type of injuries or death but minimum 6 months.
        I think people would think twice

  2. Kevin, you are quite correct. Sentences are too light and too inconsistent. Furthermore, penalties (like revocation and ignition devices) are not enforced. When an offender kills someone’s, can we sue the judiciary for failing to protect us?

  3. I know a few people with multiple DUIs and they keep prolonging their court dates just to avoid jail time or whatever the consequences should be. Judges need to stop letting these people get away with a slap on the wrist. One of the people also has domestic battery repeater a few times also.

  4. Maybe it’s time for people and restaurants to take accountability for over-serving. I can go into a liquor store and buy three fifths of tequila, everyday. If I go into Illinois, I have restrictions on how much marijuana I can purchase. Why don’t we have the same here in Wisconsin? Track it by ID scans. Limit the amounts that can be bought at liquor stores or departments. We have a serious crisis, and it isn’t the OWI’s. It’s the liquor.

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    1. The individuals choosing to drive under the influence are at fault not liquor stores or taverns. There are plenty of ways to get home safely but yet the offenders choose to drive! How about we actually vote in officials who are going to hold these people accountable and penalize them to the fullest extent! Stop the leniency and given them multiple chances.

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  5. What the heck is going on in the court house. Theses repeated offenders need to be responsible’ and stop letting them get away with just a little hand tap…. Because as soon as they get out- back to the same routine in just a few days….

  6. Judges nor following the rules of law Wisconsin OWI (Operating While Intoxicated) penalties escalate with each subsequent offense, starting with a civil violation for a first offense and progressing to a felony for a fourth offense. Penalties can include fines, license revocation, mandatory alcohol assessment, and jail or prison time, with increasing severity for each new conviction.   First offense Classification: Civil infraction. Fine: \(\$150-\$300\), plus a \(\$435\) OWI surcharge. License revocation: 6-9 months. Jail time: No jail time is typically mandatory unless there is injury or a minor in the car.  Second offense Classification: Criminal offense. Jail time: 5 days to 6 months in county jail. License revocation: 12-18 months. Other: Mandatory alcohol and other drug assessment.  Third offense Classification: Criminal offense. Jail time: 45 days to 1 year. License revocation: 2-3 years. Fines: \(\$600-\$2,000\). Other: Mandatory alcohol and other drug assessment and ignition interlock device (IID) on all vehicles. Note: A third offense is a felony if a minor under 16 was in the vehicle.  Fourth offense Classification: Felony. Jail/Prison time: A minimum of 60 days jail, up to a 6-year prison sentence. Fines: \(\$600-\$10,000\). License revocation: Potential for lifetime revocation if the fourth offense occurs within 15 years of the third offense. Other: Mandatory IID on all vehicles.  Fifth and subsequent offenses Classification: Felonies.  Jail/Prison time: A minimum of 6 months in prison for a fifth offense.  License revocation: 2-3 years for a fifth or sixth offense.  Other: Mandatory alcohol and other drug assessment and IID on all vehicles.  Lifetime revocation: May be imposed if the fourth offense is within 15 years of the third offense.  3rd Offense OWI in Wisconsin Jail time, fines & other penalties – Grieve LawDepending on the circumstances of your third OWI arrest, you could be looking at felony charges. A third offense OWI in Wisconsin …Grieve LawThe Consequences of Your First OWI in Wisconsin (2025) – Stangl LawSep 2, 2025 — Even though a first offense is technically a civil violation (not criminal), the consequences are substantial: Driver’s…Stangl Law OfficesLifetime revocation – Wisconsin Department of TransportationWisconsin driving privileges may be revoked permanently: When a person has four or more alcohol or drug impairment-related offense…Wisconsin Department of Transportation (.gov)DUI Penalties – Milwaukee, WI – Oshkosh, WI – West Bend, WIwisconsin is the only state in the country where a First Defense OWI is considered a civil traffic violation. it is not criminal. Mishlove and Stuckert, Attorneys at Law3rd Offense OWI in Wisconsin Jail time, fines & other penalties – Grieve LawDepending on the circumstances of your third OWI arrest, you could be looking at felony charges. A third offense OWI in Wisconsin …Grieve LawThe Consequences of Your First OWI in Wisconsin (2025) – Stangl LawSep 2, 2025 — Even though a first offense is technically a civil violation (not criminal), the consequences are substantial: Driver’s…Stangl Law OfficesLifetime revocation – Wisconsin Department of TransportationWisconsin driving privileges may be revoked permanently: When a person has four or more alcohol or drug impairment-related offense…Wisconsin Department of Transportation (.gov)Show allDive deeper Judges NOT flowing the law!!!!

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    1. Given certain circumstances also when it comes to a lifetime revocation if the person themselves can go 10 years without any traffic incidents at all the state will let them have their driver’s license back.

  7. Hello wake up people for the next election in judges…. We clearly need more judges with backbones to get this court house undercontrol

  8. Here are some random facts:

    For the past few years more people are killed in Wisconsin (and Illinois) by speeding than alcohol. Nationwide alcohol is still #1 but barely.

    Wisconsin’s first offense OWI not being a crime is misunderstood. The law is designed to make it easy to convict on a first offense* so we can get people into treatment to try to avoid a second (or greater) offense. How does that compare with our neighbors? Well, one thing Wisconsin law also does is prohibit plea bargaining. If you’re guilty of OWI, you go down on the OWI unlike our neighboring states where plea bargaining is rampant (such as “supervision” in Illinois). Wisconsin’s recidivism rate from first to second offense is lower than Illinois and Minnesota. The problem is with repeat offenders who are more hard core and have not learned their lesson. No matter what we do they keep coming back.

    *Why is it easier to convict on a first offense in Wisconsin? As a civil offense, there is no automatic jury trial right nor the right to a public defender if you can’t afford a lawyer. The burden of proof is less than in a criminal case. And OWI charges cannot be reduced or dismissed by plea bargaining. Other states talk tough but there are so many loopholes it’s ridiculous.

    The liquor industry shares a lot of the blame. Drinking is glorified. Consequences of drinking are downplayed. And Wisconsin does a poor job of holding servers accountable.

    And the research shows that punishment alone is not an effective deterrent. Kenosha County had a chance to establish an OWI court to deal with hard core repeat offenders. These courts provide intensive supervision and treatment with sanctions for noncompliance. Kenosha County was not willing to provide the tools to run an OWI court, specifically random testing for substance use. That would mean sending a police officer to someone’s house at 11 p.m. on a Saturday night and then again at 1 a.m. on a Sunday morning because the drinkers think if they passed one sobriety test they’re won’t be tested again for a day or two (or more).

    Here’s where I disagree with my friend Kevin. Because we know that punishment alone is not a good deterrent there are advantages to work release (Huber) and one is that when they come back to the jail there is testing for alcohol use. Screw up and you lose Huber privileges. The worst “punishment” is actually mandatory treatment and testing. Alcoholics do not like to admit that they have a problem. And the 28-day rehab cures are b.s. and a waste of money. It takes a good year to 18 months of intensive treatment and supervision to make a dent but Kenosha County is not willing to do what needs to be done. And I know because I was one of the people the county sent to Madison where we were told that if the county isn’t willing to do it right it’s useless because the hard core drinking drivers “are a time bomb.”

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  9. this just makes it ok to drink and drive I guess. Lets think about the next judges we vote for. Certainy wont be these.

  10. All I know is that Marcus made a damn mistake n it unfortunately cost somebody there life it was because of his health issues that this happened not because of the fucking drugs if u party it sticks to ur fat cells until u sweat It out same for weed so don’t sit here n make this out like Marcus was all fucked up when this happened because he wasn’t but the real problem was his health issues that cause this so F all u throwing dirt at him n his name

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      1. This kid is probably just as dumb as Marcus. I forgot we must have done a fat biopsy to detect the drugs in this kid just to build the case.

        #free Marcus so he can kill again!

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    1. Did you read the first article where your woman killing friend admitted to being fucked up? I might have missed the part where he mentioned his medical emergency?

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        1. But, what is his Medical Condition? Is it something that, maybe he shouldn’t be driving to begin with? Several people have commented about this, making it sound like this is possibly a factor in this tragic accident.

    2. What is this medical condition you speak of? Did this medical condition prevent him from being responsible enough to make sure to have auto insurance as well??

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  11. If your homicidal good friend Marcus, negligent or not didn’t have drugs in his system and on him, he wouldn’t be charged with OWI causing death. He deserves what he gets. I don’t party so I don’t have to worry about sweating the drugs out before getting in a vehicle and having a “medical emergency” that causes me to kill someone else on the road. If your good friend, Marcus Manslaughter Mann was in such bad shape health wise, he probably shouldn’t have been driving much less partying recently so his inconsiderate undeducated friends and family wouldn’t have to defend his poor life choices. Maybe MY friend would still be here if Health Issues Marcus wasn’t sniffing coke to help his health issues that cause him to kill another human being. Everything in life has consequences and hopefully the DA remembers that when he sentences your good friend Marcus the prison carcass to what he deserves. You sound extremely uneducated and probably make a lot of excuses for your own issues in life if this is your take on it.

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    1. You don’t have to drink or go out and party to kill someone. It happens even to sober people. Yes a life was lost that shouldn’t have been but there’s no need to sit and bash on his name when you don’t know him, and I’m 100% sure he feels worse than you’ll know.

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Kenosha Woman Accused Of Punching Roommate, Threatening To Burn Apartment Down, Fleeing Police; Catch & Release Kellum Gives No-Cash Bail

Mary E. Spates, 36, of Kenosha(Kenosha County Sheriff’s Office) KENOSHA, Wis. — Mary E. Spates, 36, of Kenosha, was charged Tuesday with six criminal counts after police say she punched and shoved her roommate, threatened to burn their apartment down, fled from an officer and was later found with cocaine and drug paraphernalia. Despite the new felony charge and allegations that Spates committed

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Two Women Charged After Alleged Two-On-One Beating In Kenosha Over Man, Sex Dispute

Kaitlynn E. Hurst, 31, of Kenosha, and Jasmin Gutierrez, 24, of Salem(Kenosha County Sheriff’s Office) KENOSHA, Wis. — Kaitlynn E. Hurst, 31, of Kenosha, and Jasmin Gutierrez, 24, of Salem, were charged Tuesday after police say they attacked another woman during a dispute involving a man. Hurst was ordered held on $5,000 cash bail, while Gutierrez was given $1,500 cash bail by Court

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Mount Pleasant Woman Accused Of Stealing Nearly $1,300 From Kenosha Meijer, Found At Walmart With Maserati

Rosalina M. Baron, 46, of Mount Pleasant(Kenosha County Sheriff’s Office) KENOSHA, Wis. — A 46-year-old Mount Pleasant woman is facing a felony charge after Kenosha Police say she walked out of Meijer with nearly $1,300 worth of merchandise without paying and was later found outside a nearby Walmart with her Maserati. Rosalina M. Baron, 46, of Mount Pleasant(Kenosha County Sheriff’s Office) You must

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Two Charged After 8th Avenue Tap Brawl Leaves Two Women Injured; Bartender Says Wade Was ‘Fucking Wailing On Her’

Raymond A. Mims, 33, and Alexis D. Wade, 28, Both of Kenosha(Kenosha County Sheriff’s Office) KENOSHA, Wis. — Two Kenosha residents are facing criminal charges after police say a dispute inside the 8th Avenue Tap spilled into a larger disturbance that left two women injured and prompted multiple 911 calls. Alexis D. Wade, 28, of Kenosha, is charged with misdemeanor battery as a

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Pleasant Prairie Man Accused Of Stealing $150 From Burger King Register While Working

Joshua C. Hyman, 33, of Pleasant Prairie(Kenosha County Sheriff’s Office) SOMERS, Wis. — A 33-year-old Pleasant Prairie man is facing a criminal charge after prosecutors say surveillance video captured him taking $150 from an open cash register while working at a Somers Burger King. Joshua C. Hyman, 33, of Pleasant Prairie(Kenosha County Sheriff’s Office) You must be logged in to view the rest

Meet The New Boss: Controversial Western Kenosha County Administrator Robert Antholine Lands Top KUSD Leadership Job

KENOSHA, Wis. — Kenosha Unified School District has a new Chief of School Leadership, and instead of promoting someone from within Wisconsin’s third-largest school district, KUSD went west — hiring former Randall Consolidated and Twin Lakes #4 District Administrator Robert Antholine, an administrator whose tenure in western Kenosha County ended with both districts facing serious financial challenges, a failed Twin Lakes referendum, controversy

From Scott Walker To David Crowley: Lifelong Republican Kenosha Mayor David Bogdala Supports Democratic Candidate For Governor

KENOSHA, Wis. — Kenosha Mayor David Bogdala (R), a lifelong Republican with deep roots in the Kenosha County GOP, went to Democratic State Rep. Ben DeSmidt’s (D) annual Pig Roast at Union Park Tavern on Saturday to support Democratic gubernatorial candidate David Crowley (D) in his campaign to become Wisconsin’s next governor. Crowley later highlighted the Kenosha event on his Facebook page, prominently

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Racine Woman Sentenced To 6 Years In Prison For Embezzling Hundreds Of Thousands From Kenosha Property Management Company

Sarah A. Benson, 46, of Racine(Kenosha County Sheriff’s Office) KENOSHA, Wis. — Sarah A. Benson, 46, of Racine, was sentenced Friday to six years in state prison followed by five years of extended supervision for embezzling hundreds of thousands of dollars from Elyon Property Management, a Kenosha property management company. Kenosha County Circuit Court Judge Jason A. Rossell imposed the sentence Friday morning

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