(File Photo by Kevin Mathewson, Kenosha County Eye)
Editor’s Note: This story was updated on June 18, 2026, at 11:05 p.m.
KENOSHA, Wis. — More than 90 days after Chief Judge Wynne P. Laufenberg ordered the Kenosha County District Attorney’s Office to review a John Doe petition involving former Kenosha County Sheriff’s Deputy Frank McGrath, no criminal charges have been filed and prosecutors are seeking additional time while awaiting information from an outside law enforcement agency.
The John Doe petition, filed by Kenosha County Eye editor Kevin Mathewson, alleged that McGrath improperly used restricted law enforcement databases and tracking systems to monitor a female co-worker during a personal relationship dispute. The petition included Kenosha County Sheriff’s Office internal affairs records and investigative findings concerning McGrath’s conduct.
(File Photo by Kevin Mathewson, Kenosha County Eye)
On March 11, Chief Judge Laufenberg referred the matter to District Attorney Xavier Solis and ordered that within 90 days the district attorney either file criminal charges or provide the court with a written explanation as to why charges would not be filed, along with any relevant investigative reports.
Instead of filing charges or issuing a final declination, Solis informed the court that his office had learned an outside agency was conducting a simultaneous investigation into the allegations and requested additional time before making a charging decision. According to Solis, the district attorney’s office intends to review the results of that investigation before determining whether criminal charges are warranted.
After publication of an earlier version of this story, Solis clarified to Kenosha County Eye that no final charging decision has been made and that he wants to ensure his office has all available information before deciding whether criminal charges should be issued.
The underlying allegations stem from an internal affairs investigation conducted by the Kenosha County Sheriff’s Office. According to records filed with the court, investigators found McGrath conducted approximately 16 FLOCK license plate reader searches while off duty without a case number or documented law enforcement purpose. Investigators also found he accessed the Polaris squad tracking system approximately 40 times over several months while off duty.
FLOCK Image Illegally Obtained by Ortiz
The internal investigation concluded McGrath engaged in unauthorized use of FLOCK, unauthorized use of Polaris, dishonesty, conduct unbecoming, wrongful use of authority, and related policy violations. Investigators determined the conduct involved personal surveillance of a co-worker and was unrelated to any legitimate law enforcement purpose.
According to the John Doe petition, Sheriff David W. Zoerner authorized an internal investigation into McGrath’s conduct but did not refer the matter for criminal investigation or prosecution. The petition further alleges that no criminal investigation was conducted despite other Wisconsin law enforcement officers facing criminal charges for similar conduct.
Kenosha County Eye is told that after county officials became aware of the allegations, Kenosha County Human Resources requested that the Racine County Sheriff’s Office investigate the matter. It is that investigation that Solis is waiting to review before making a final charging decision.
The case has drawn attention because prosecutors in other jurisdictions have pursued criminal charges in similar circumstances. The John Doe petition cites an Outagamie County case in which a law enforcement officer was charged with misconduct in public office after allegedly using FLOCK for personal reasons, as well as a Milwaukee County case in which an officer was charged with attempted misconduct in public office involving alleged misuse of the same technology.
More recently, authorities in McHenry County, Illinois, charged Holiday Hills Police Chief William Copp with official misconduct after alleging he improperly accessed law enforcement databases, including license plate reader information, for personal reasons.
The issue has also surfaced in Racine County. Earlier this year, Walworth County Judge Kristine Drettwan referred a John Doe petition involving Racine County Sheriff’s Deputy Emil Ortiz to Racine County District Attorney Patricia Hanson after denying a request for a special prosecutor. Hanson later declined to issue charges and provided a written explanation to the court.
For now, the McGrath matter remains unresolved. Solis has indicated that his office will review the outside agency investigation once it is completed and then determine whether criminal charges should be filed. As of publication, no charges have been issued against McGrath.
Update: This story was updated on June 18, 2026, at 11:05 p.m. after Kenosha County District Attorney Xavier Solis contacted Kenosha County Eye and clarified that no final charging decision has been made in the McGrath matter and that his office is awaiting additional information before making that determination.
One Response
Just Fired ?
Just another reason to fire Zoerner.
Charges will be filed.
This guy will be in prison.
This type of thinking that just because you can doesn’t mean you should.
Using a work tool in your personal life is stealing from your employer.
Additionally in this case it also is criminal in its results.
This gives reason to fear and not trust the police.
And that in itself is a crime.