KENOSHA, Wis. — Kenosha County District Attorney Xavier Solis declined to file criminal charges by a court-ordered deadline against fired Kenosha County Sheriff’s Deputy Frank McGrath, despite internal investigative records showing McGrath misused FLOCK and Polaris law-enforcement systems to monitor a female co-worker during a personal relationship dispute.

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Chief Judge Wynne P. Laufenberg had ordered Solis to either file a criminal complaint within 90 days or explain why charges would not be filed and provide any relevant investigative reports. Instead, Solis filed a letter on the due date saying his office was waiting for an outside investigation, but he did not file charges, did not provide investigative reports, and addressed the letter to the wrong judge.

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According to records filed by Kenosha County Eye editor Kevin Mathewson, McGrath accessed FLOCK 16 times while off duty on September 30, 2025, with the searches labeled “Suspicious” and no case number entered. The records state the searches were personal in nature and were conducted to determine the whereabouts of a female co-worker with whom McGrath had a romantic relationship.

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The internal investigation also found McGrath accessed the Polaris squad-vehicle tracking system approximately 40 times between July and October 2025 while off duty. Investigators concluded McGrath used Polaris to monitor the location of the woman’s squad car for personal reasons unrelated to any law-enforcement investigation.

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McGrath admitted during the internal investigation that the FLOCK searches were not tied to any criminal investigation. He acknowledged using the system to determine the woman’s whereabouts during a relationship conflict and later admitted that he also used Polaris to check where she was, who she might be sitting near, and which deputies she was working alongside.

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The Kenosha County Sheriff’s Office sustained allegations of unauthorized use of FLOCK, unauthorized use of Polaris, dishonesty, conduct unbecoming, wrongful use of authority, and related policy and ethics violations. The final internal affairs conclusion stated McGrath engaged in a sustained pattern of unauthorized and inappropriate use of law-enforcement technology and was initially dishonest when questioned.

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Kenosha County Eye filed a John Doe petition after Sheriff David W. Zoerner declined to pursue a criminal referral despite being offered assistance from a neighboring law enforcement agency to conduct a criminal investigation, according to records previously reported by KCE. Instead, the matter was handled administratively and McGrath ultimately left the sheriff’s office.

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Kenosha County Eye is told the Kenosha County Human Resources Department later asked the Racine County Sheriff’s Office to investigate after county officials became aware of the allegations. Solis subsequently advised the court that he was waiting for the results of that outside investigation before making a charging decision.

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Mathewson argues that explanation ignores the fact that the district attorney’s office already possessed extensive evidence through the internal investigation and could have conducted its own review.

“I’m disappointed that the DA’s office is letting a law enforcement officer skate on felony charges,” Mathewson said. “Not only am I upset in his final decision not to file charges, but I’m also upset that he didn’t do any investigating. He didn’t ask for reports. He didn’t have his office investigator do any investigating. He simply filed the minimum requirement on the exact day it was due without following the court order by providing any documentary evidence.”

Mathewson also criticized Solis for sending his response to Judge Chad Kerkman instead of Kenosha County Chief Judge Laufenberg, who issued the original order.

“He treated it so haphazardly and without seriousness that he sent the letter to the wrong judge,” Mathewson said.

What Mathewson finds most troubling, however, is Solis’ reliance on a future investigation from an agency that has already declined to treat similar conduct as criminal.

“What makes even less sense is that DA Solis says he’s waiting for a report from the Racine County Sheriff’s Office before making a charging decision,” Mathewson said. “But the Racine County Sheriff’s Office didn’t even seek criminal charges against its own detective, Emil Ortiz, after serious FLOCK and database misuse allegations. Patricia Hanson has already confirmed she isn’t charging Ortiz. So why would anyone expect a criminal charging recommendation from an agency and a county that have already demonstrated they don’t view this conduct as criminal?”

The McGrath matter comes as a separate John Doe proceeding involving Racine County Sheriff’s Deputy Emil Ortiz has highlighted how differently local prosecutors treat allegations involving misuse of law enforcement databases.

In that case, Walworth County Judge Kristine Drettwan denied a request for a special prosecutor and referred the matter to Racine County District Attorney Patricia Hanson (D). Hanson subsequently declined to charge Ortiz after allegations that he misused FLOCK, TIME/eTIME and other law-enforcement databases for personal reasons involving his girlfriend’s ex-boyfriend.

Hanson acknowledged that no agency had referred criminal charges to her office and advised the court she would not prosecute Ortiz.

Meanwhile, prosecutors elsewhere have taken a far different view of similar conduct.

In Outagamie County, former officer Cristian Morales was charged with felony misconduct in public office related to alleged misuse of FLOCK technology. In Milwaukee County, former Milwaukee Police Officer Josue Ayala was criminally charged after allegedly using FLOCK for personal purposes.

And just this week in Illinois, Holiday Hills Police Chief William Copp was arrested and charged with official misconduct after authorities alleged he improperly used law-enforcement databases, including license plate reader systems, for personal reasons.

“The entire state of Wisconsin and even Illinois treats these cases like criminal cases,” Mathewson said. “Unfortunately, Kenosha County and Racine County seem to be the only two counties on an island that think cops should be able to get away with these things and escape criminal consequences.”

Mathewson argues those cases demonstrate that prosecutors across Wisconsin and neighboring Illinois routinely view misuse of law-enforcement databases as potential criminal conduct, making the decisions in both Kenosha and Racine Counties increasingly difficult to explain.

As of publication, no criminal charges have been filed against McGrath. Solis has indicated he intends to await the outcome of the Racine County Sheriff’s Office investigation before making any final charging decision.