(File Photo by Kevin Mathewson, Kenosha County Eye)
KENOSHA, Wis. — Wisconsin District 2 Chief Judge Wynne P. Laufenberg has ordered Kenosha County District Attorney Xavier Solis to make a charging decision in the case of Kenosha County Sheriff’s Deputy McGrath after a citizen filed a John Doe petition alleging criminal misconduct.
(File Photo by Kevin Mathewson, Kenosha County Eye)
In a written order issued Wednesday, Laufenberg directed Solis to review the allegations and either file criminal charges against McGrath or provide the court with a written explanation detailing why charges are not being filed. The order also requires the district attorney to submit any investigative reports relevant to the matter if prosecutors decline to pursue charges.
The order came after the court opened a John Doe case based on a petition filed by Kenosha County Eye.
Under Wisconsin law, when a private citizen files a John Doe petition alleging a crime, a judge must determine whether the allegations warrant further action. In this case, the chief judge invoked the statute requiring the district attorney to review the complaint and make a formal charging decision.
Solis now has up to 90 days to either charge McGrath or explain to the court why he is declining to prosecute.
The judge’s order effectively forces the district attorney to address the case in court after months during which the Kenosha County Sheriff’s Office took no apparent action following completion of its internal investigation.
(File Photo by Kevin Mathewson, Kenosha County Eye)
Sheriff David Zoerner (R?) refused for months to refer the completed internal investigation for criminal review by a neighboring law enforcement agency, effectively leaving the case dormant after investigators had finished their work. The sheriff declined to comment on the matter during that time.
On Wednesday, the Kenosha County Sheriff’s Office’s public information officer said the investigative reports have now been sent to the Racine County Sheriff’s Office for criminal investigation — a step that occurred only after Kenosha County Eye challenged the sheriff’s inaction and moved forward with a John Doe petition seeking court intervention.
Zoerner has a documented history of allowing friends to avoid criminal charges, a pattern critics say raises questions about his handling of the McGrath investigation.
According to information obtained by Kenosha County Eye, the sheriff’s office completed its investigation into McGrath’s conduct roughly four months ago but never referred the case to the district attorney for charging consideration during that time.
Only recently—around the same time the John Doe petition was prepared—did county officials move to involve an outside law enforcement agency in the matter. The referral reportedly came through the Kenosha County Executive’s Office.
By issuing the order, the chief judge placed the charging decision squarely before the district attorney and required prosecutors to formally account to the court if they decide not to charge the deputy.
The John Doe case has been sealed by the court, which is common in the early stages of such proceedings.
The allegations against McGrath involve the alleged misuse of law enforcement investigative tools to track a private citizen. According to investigative records reviewed by Kenosha County Eye, the sheriff’s internal investigation includes digital system logs and witness statements related to the deputy’s actions.
The district attorney must now either file charges against McGrath or explain to the court why he believes criminal prosecution is not warranted.
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10 Responses
Come on, what investigation is needed? The evidence indicates the cop was corrupt. Hope Solis does the right thing and prosecutes or he and Zoerner may hunt for new career paths together.
hey district judge the reason: its a big ol club and we do not charge brown, blue, or fat frank pacetti that simple
The judge did the right thing. It appears DA Solis never got the file from the sheriff. Now he’ll have it.
Men are but children of a larger growth, Our appetites as apt to change as theirs, And full as craving too, and full as vain.
Great, now it gets sent to Racine for a proper burial 😞
That is one ugly woman , holy shit
Judge aged horribly- she looks 85
MPD officer is on the way down and out for the same exact thing. Too many shit officers these days, Mike Rizzo instantly comes to mind. You should need a warrant to access the Flock system.
This is worse than Rizzo’s case, I think. Charging and prosecuting is the only way to let LEOs know it is serious and will be found out. Yes being a LEO is hard and dangerous. We are grateful for good service! But no free passes for what they know is criminal behavior. Not that hard to understand. Shit.
Two decisions reported in one day, if KCE had not followed up in the public interest, cases would have gone quietly to sleep forever. Or until the next, worse crime was uncovered. Really brave, honorable work here.