(File Photo by Kevin Mathewson, Kenosha County Eye)
KENOSHA, Wis. — Newly obtained court transcripts show Makayla Rutka-Plaza, 28, appeared before Court Commissioner William “Bargain Bail Billy” Michel II less than two months before she was killed and begged for a restraining order against her estranged husband during what she described as a toxic and deteriorating divorce.
Rutka-Plaza, who was later allegedly stabbed to death by Marckus Plaza inside the basement of their home while two of their young children watched, had asked Michel for a restraining order that would have lasted only through the remainder of the divorce proceedings. While harassment injunctions are often granted for as long as four years, Rutka-Plaza asked for only four months of protection so she could get through the divorce and figure out the next steps for her family. Instead, Michel denied the request after a brief hearing in February.
(Still Photo by WISN12 Pool Camera)
Many in the community now believe Michel’s decision may have played at least some role in the events that followed and the brutal killing that prosecutors say occurred weeks later.
According to the transcript, Rutka-Plaza initially considered dismissing the restraining order because she hoped Plaza would help financially and assist with the children if she withdrew it. But in court, she changed her mind and made clear she still wanted protection.
“I don’t want him at the house,” she told Michel.
Rutka-Plaza then detailed a series of allegations against Plaza that included taking her vehicle without permission, allegedly monitoring her through cameras, posting concerning material to Snapchat, and refusing to leave her alone. She also told Michel she had repeatedly called police about Plaza’s behavior.
“When he was listening to me through the cameras, I called. I called when I found the Snapchat story,” she testified.
According to allegations she raised in court filings and testimony, Plaza had also allegedly posted naked photos of Rutka-Plaza’s new boyfriend on Snapchat as the divorce became increasingly hostile.
The hearing transcript also shows Michel would not allow Rutka-Plaza to call character witnesses on her behalf. Michel stated that only witnesses with firsthand knowledge of the incidents she described would be allowed to testify.
“If they’re just character witnesses, no. That’s — this is going to have to be actual witnesses to what she’s testifying to,” Michel said during the hearing.
The transcripts further show Michel was aware that police had been involved, that Plaza had been taken to the police station, fingerprinted, photographed and told criminal charges could be coming. Plaza himself acknowledged in court that police had originally discussed felony charges before deciding to reduce the matter to a misdemeanor.
Under Wisconsin law, a judge or commissioner does not need proof beyond a reasonable doubt to grant a harassment injunction. The burden is much lower. A petitioner only needs to show reasonable grounds to believe harassment occurred or may occur again.
Despite that being among the lowest burdens of proof in Wisconsin law, Michel denied the request.
A lawyer who reviewed the transcripts and petition for KCE said Michel’s denial appears particularly weak given several facts he either ignored or glossed over. First, although the bruising Makayla documented in her sworn petition never came up during the hearing itself, that petition was before Michel and was part of the record. Under Wisconsin’s reasonable-grounds standard for harassment injunctions, a commissioner is not limited to live testimony — the sworn petition itself is evidence. The physical contact Makayla described, including bruising she said she discovered on Dec. 29 after Marckus allegedly seized her phone, independently satisfies the statutory definition of harassment under Wisconsin law without any further analysis. The attorney said Michel’s failure to address the petition’s physical-contact allegations in his reasoning was itself a significant gap.
Second, Marckus disclosed on the stand that he had already been arrested in connection with the same events and was facing a misdemeanor charge, meaning law enforcement had already made an independent determination that probable cause existed for criminal conduct arising from the same facts Michel found insufficient for a restraining order. The attorney said denying a civil harassment injunction under a reasonable-grounds standard while the respondent is simultaneously facing criminal charges for the same conduct is a difficult position to defend.
Third, Michel himself indicated during the hearing that he would have liked to grant the injunction but felt constrained because the two were married and in the middle of a divorce. The attorney said that suggests the denial was driven more by equitable reluctance than a genuine finding that the legal standard had not been met, which is not a valid basis for denial under Wisconsin’s harassment injunction statute.
Rutka-Plaza testified under oath about the problems she was experiencing, and Michel had access not only to her testimony, but also to the written petition she filed with the court.
Less than two months later, prosecutors say Marckus Plaza killed Rutka-Plaza inside the basement of their home at 7428 22nd Ave. According to the criminal complaint, police arrived after a welfare check and saw Plaza dragging Makayla’s body through a basement window. Officers forced entry and found her dead with a knife protruding from her eye.
Police say two young children inside the home — ages 4 and 2 — later described parts of the killing during child advocacy interviews.
Authorities then launched an enormous manhunt that lasted nearly 30 hours. At least 50 marked squad cars from the Kenosha Police Department, Kenosha County Sheriff’s Office and Pleasant Prairie Police Department flooded the area. Multiple drones, K-9 teams and tactical resources were used as officers searched neighborhoods and businesses near 23rd Avenue and 75th Street.
Plaza was ultimately found hiding in the basement of JH Salon at 2318 75th St. According to police, the four officers who physically wrestled him into custody were Kenosha Police Chief Patrick Patton, Deputy Chief Brent Sagedal, Inspector Aaron Dilhoff and Lt. Adam Jurgens. Two of those high-ranking officers suffered minor injuries during the struggle and were treated and released.
Marckus Plaza, 33, is now charged with first-degree intentional homicide with use of a dangerous weapon, along with additional charges related to the manhunt and arrest. Because first-degree intentional homicide is a Class A felony, Plaza faces a mandatory life sentence if convicted, with up to five additional years because prosecutors allege he used a dangerous weapon.
Supplemental Court Commissioner Aileen “Half-Off” Henry later raised his bail to $2 million cash after widespread criticism that the original $750,000 warrant signed by Judge Heather Iverson was too low.
(File Photo by Kevin Mathewson, Kenosha County Eye)
Separately, blogger David Kollath (D), who uses the name David Cole and works for the state-sponsored media outlet WGTD, repeatedly reported that Rutka-Plaza “dropped the order.” The transcripts show that was false. While Rutka-Plaza initially considered dismissing the restraining order request because of financial pressure and the children, she clearly changed her mind in court and told Michel she wanted the hearing to proceed. KCE is calling on Kollath to retract that claim.
Kollath also drew criticism at a recent press conference when he asked police whether Rutka-Plaza had a history of being violent toward Plaza, a question many in attendance felt was inappropriate given the brutality of the allegations and the fact that two young children allegedly witnessed parts of the killing.
For many following the case, the newly obtained transcripts raise troubling questions about whether more could have been done when Rutka-Plaza first came to court asking for help.
36 Responses
How do we get this clown out of here? Is he appointed, elected, or…? This joker needs to go.
Commissioners are not elected
Michel is an embarrassment to Kenosha’s court system. He needs to be fired!
They need Follow a list to go by and crime they committed. they need help ! enough people have been hurt.
Work on your English please.
How much more innocent blood does this kangaroo court want on it’s hands.. That’s fucking ridiculous.
What an inept excuse of a commissioner. I hope he experiences guilt, sleepless nights and a lot of would have could have should of. The fear and pain that the victim endured in this case is horrific. Michels should at least think of her often as he closes his eyes. The image of her with a knife in her eye should be the last image he sees as he tries to sleep.
He denied me the minute I sat down. Had the nerve to say it wasn’t supposed to be in his courtroom and then denied me a chance to read a statement with dates and occurrences for evidence. Said you can’t read statements in his court room. This is after I seen 5-7 people read statements. It says on website to be prepared with statement. Tossed me out real fast… it on record!! He’s a Fuckn joke
I just don’t get what he was doing here. It seemed like both parties were confused and he just took it as, “well, I don’t get it and I don’t feel like figuring it out, figure it out yourselves.” The thing about going through her phone just gets ignored and so does his completely unconvincing testimony. Just a lot of painful reminders of what not to do here.
This court commissioner would be charged with murder under Wallecks new bill he would pass in Congress.
Wow, sounds like this guy is very unpopular especially now after Makayla Rutkus-Plaza death.
Where have you been? He is consistently a problem–for a long time!
He was very unpopular before this. He’s an absolute ass clown and I hope a piano falls on him.
And fire him.
What else needs to happen before they do ?
Under what scrutiny does this commissioner get to keep his job ?!?
What does someone have to do to get fired ?
All judges who are his bosses need to be voted out on this instance alone.
It is crazy to know that he replaced Keating and worked under Keating. Keating seemed to feel that Michel was ready for the job. Michel was not and probably never will be. Kenosha Court System needs a complete overhaul with judges, commissioners and gals.
Without going into confidential details I can say that this is not true.
Keating did not have any say in his hiring. The judges completely controlled that decision. Keating did his best to help Bill but Keating is in no way, shape, or form responsible for Bill’s ineptitude. This disaster falls squarely on the shoulders of the judges, who have known for years that Bill had an anti-restraining order mentality and he treated these hearings like he was the defense attorney for the men.
Michele always has always been a hack attorney so the good old judges club gives him a court commissioner job sounds like they feel sorry for stupid attorneys. Why did they nominate non-qualified Michele in the first place?
Because he’s buddies with Jerkman!!
I hope Mikayla’s family sues Bargain Bail Billy!! What an @$$hat in not granting her a restraining order!! This just infuriates me every time I read anything about this case!!
agreed
Won’t work
Karma doesn’t always take long to come around.
Michels technically stuck the knife in her.
I had no idea restraining orders could be refused!! That needs to change! They arent’t filed for nothing.
They are often filed for nothing, based on nothing, by crazy women.
Women who are vengeful.
Women who want an easy way to evict a boyfriend or husband.
Women who use police and the court system as a break up tool.
I have seen it all as an attorney.
But then why are Restraining Orders heard before a lowly Commissioner ?
Maybe Request for Restraining Orders should automatically go before a judge.
Obviously the current system isn’t working.
That seems like an easy change.
Sure a judge can be as oblivious but at least he or she is a judge. An elected judge
You can’t have a restraining order issued automatically just because someone files for one. Neither should you have it refused after you’ve presented or were ready to present a compelling argument, by someone who just shrugs and says go away. Most of all, people shouldn’t ever come to get a restraining order unless they are 100% sure they are willing to go through with it because they ruin it for everyone if they get all wishy-washy.
Correct. They file a restraining order and then dismiss it a few months later and then file it again.
Question…Who hires and fires court commissioners?
Ultimately must be one person collecting a paycheck that is responsible. Or not.
So he was the guy. Had wondered thst from the beginning.
Bargain Billy is the worst here in Kenosha, next to Kerkman. We need a full housecleaning here, starting with Billy
Here is the fact about Comm. Michel; he is lazy and picks a winner and cuts the other side off from presenting evidence to shorten the hearing.
Look up how many of his decisions are reversed by judges who take the time hearing restraining orders that are appealed from Michel.
Also a fact; the job is low paying so the peter principle has been proven again.
Supplemental court commissioners are chosen by Judges who only want yes attorneys who will not make waves and follow judges orders, not their own legal knowledge or minds.
Bill is not supplemental and he is paid very well. Hes not smart or a hard worker, which is why the judges picked him. In case you are new here, birds of a feather – judges and commissioners flock together.
There was a time when we had some commissioners who truly cared and worked hard. We also had judges with leadership.