(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.
19 Responses
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.
Perhaps the prosecutor has insufficient time to pursue further action in connection with the fired deputy Frank Mc Garth or the self-confessed abusive businessman Michael Zacker, because he is currently devoting all available resources to the Kerkman & Kerkman scandal—where Stamborski, a former jailer, was allegedly hired in violation of county regulations and allegedly participated in actions leading to the termination of an excellent employee. That employee has, to date, obtained unemployment benefits after they were denied to her and her decision was appealed, resulting in a ruling in her favor.
The review conducted by the duly elected District Attorney will determine whether a civil conspiracy occurred and will account for all costs incurred, including a showing that such expenses were well justified.
Good luck, Mr. Solis. This is your opportunity to expose and hold the “establishment” you promised to end during your campaign accountable.
Perhaps the prosecutor has insufficient time to pursue further action in connection with the fired deputy Frank Mc Garth or the self-confessed abusive businessman Michael Zacker, because he is currently devoting all available resources to the Kerkman & Kerkman scandal—where Stamborski, a former jailer, was allegedly hired in violation of county regulations and allegedly participated in actions leading to the termination of an excellent employee. That employee has, to date, obtained unemployment benefits after they were denied to her and her decision was appealed, resulting in a ruling in her favor.
The review conducted by the duly elected District Attorney will determine whether a civil conspiracy occurred and will account for all costs incurred, including a showing that such expenses were well justified.
Good luck, Mr. Solis. This is your opportunity to expose and hold the “establishment” you promised to end during your campaign accountable.
Interesting…..Perhaps Mr. Solis has bigger fish to fry so to speak.
Only issue would any action be removed from Kenosha County and sent to a supposedly ‘neutral’ prosecutor? Racine DA Pat Hanson comes to mind….oh Heaven Help Us.
… Why is it “Protocol” to send investigations and charges and trials for one of our own to other jurisdictions ??
The old saying “ a jury of my peers “ certainly applies here, doesn’t it ?
What “bias” is assumed that just because the paycheck says Kenosha County at the top makes every government employee friends or foe with every other ?
There’s nothing neutral about Pat Hanson. She’s busy propping up the Pedo Protector Madrigal in Racine.
I hear you. At this point, all we can do is dream and hope for something better, because the mistakes they made by firing that clerk are going to cost us a fortune, and the people responsible keep living off our taxes. The only person able to investigate and prosecute is our DA—or his boss in Madison.
Well with all the screw-ups by Solis, how soon will his political party be changed on this site?
Hey, can I rent a few of these so I can see where my ol’ lady at when I ain’t around?
Lol
Meanwhile, in Racine County, our DA, Mr(s?) Pat Hanson is pimping a sheriff’s candidate who sat back and allowed a deputy to sexually harass coworkers, solicit gas station bathroom sex online while on duty-in uniform, and ultimately SA a young boy.
Our existing sheriff is also endorsing Madrigal.
Our County Executive is endorsing Madrigal.
Madrigal doesn’t deserve to keep her job as Captain, she deserves to be Brady’d.
There are a TON of AI-ridden troll facebook profiles supporting Madrigal.
Racine County makes Kenosha look like Petticoat Junction.
Well, things aren’t quite so transparent in her kingdom either. A couple of years ago, the current sheriff purchased a $750,000 house for his 24-year-old son. Of course, this horrible-looking DA never investigated it, either.
Racine County Government seems to be where the pedo’s & pedo supporters congregate.
Don’t worry. Colleen was raped by the outlaws. Amanda n and family suffering for trump world
You are suffering fuckface. You people lost!
Here’s a link for you, you traitor—your Democratic administration was so great that it left us exactly where we are. You people wanted us to vote for this loser again, or worse: the Queen of Liberia.
https://www.foxnews.com/politics/watch-would-second-term-president-biden-left-searching-family-stage-obama-center-opening
Why are some Trump fans so easily offended? I voted for the guy twice and love that he won but damn, chill out and you won’t be trolled.
Plus, he’s just the political man of the hour, who are you going to vote for next?
Marco Rubio !
He’s our next President.
Sure JD Vance will run but I think the smart minis on Marco. JD might even be number two again.
Emil Ortiz is friends with Racine Sheriff Schmaling’s daughter in law.