(Kenosha County Sheriff’s Office)
RANDALL, Wis. — A drunk driving case against a 64-year-old man originally charged with felony fourth-offense operating while intoxicated has been dismissed after prosecutors requested additional time before trial and the defense objected. The dismissal came more than a year after Michael Shawn Guilfoil, formerly of Genoa City and now listed as a Lake Geneva resident, was arrested following an incident in which deputies found his vehicle in a ditch in the Town of Randall.
(Kenosha County Sheriff’s Office)
The case was dismissed on October 21, 2026, by Kenosha County Circuit Court Judge Jason A. Rossell after Assistant District Attorney Thomas Benno requested an adjournment. It remains unknown why prosecutors sought the postponement, why they ultimately moved to dismiss the charge, or whether the Kenosha County District Attorney’s Office intends to refile criminal charges against Guilfoil.
The dismissal was not based on a finding that Guilfoil was innocent, nor was he acquitted by a judge or jury. Rather, the prosecution moved to dismiss the case before trial, and Rossell granted the request. The dismissal was without prejudice, meaning the case could be refiled.
Guilfoil Contacts Kenosha County Eye, Threatens Defamation Lawsuit
Kenosha County Eye is publishing this follow-up after Guilfoil contacted the publication on Sunday, October 25, leaving two voicemails demanding that the original article about his arrest and felony charge be removed. Guilfoil correctly pointed out that his criminal case had been dismissed, but also threatened legal action against Kenosha County Eye if the original reporting remained online.
In one voicemail, Guilfoil stated that he works in sales for Camping World and referenced having access to numerous attorneys. His comments suggested that attorneys associated with the company could become involved in a defamation lawsuit. Guilfoil demanded that Kenosha County Eye remove the original article and accused the publication of defaming him. Kenosha County Eye declined to remove the article but added a prominent editor’s note at the top explaining that the criminal case had subsequently been dismissed.
Kenosha County Eye maintains a longstanding editorial policy of not removing articles that were truthfully and accurately reported when published. The original article was based on an official criminal complaint filed by the Kenosha County District Attorney’s Office and accurately described the felony charge, the circumstances of Guilfoil’s arrest, and the court proceedings at that time. The subsequent dismissal does not change the fact that Guilfoil was charged with felony fourth-offense OWI in September 2025. However, Kenosha County Eye believes readers should also be informed when significant developments occur, including amendments to criminal charges and dismissals.
Prosecutors Seek Adjournment, Then Dismiss Case
According to Wisconsin Circuit Court records, Guilfoil’s criminal case was approaching trial in October 2026. Jury selection had originally been scheduled for October 19, but the proceeding was moved to October 21 because another jury trial was ongoing.
On October 15, prosecutors filed a motion seeking to adjourn the trial. Guilfoil’s attorney, Michelle M. Gardner, opposed the request, and the matter came before Judge Rossell on October 21. Court records indicate that Guilfoil appeared in person with Gardner, while Assistant District Attorney Thomas Benno appeared for the state. The hearing began at approximately 8:39 a.m.
The state requested an adjournment, the defense objected, and Rossell heard arguments from both sides. Rather than proceeding with the trial, prosecutors moved to dismiss the criminal charge, and Rossell granted that motion. The judge also ordered that Guilfoil’s remaining cash bail be refunded to whoever posted it. The public court entries do not explain why Benno sought the adjournment. Prosecutors can request additional time for numerous reasons, including witness availability, scheduling problems, evidentiary issues, or needing additional time to prepare for trial.
Defense Sought To Exclude Blood Test Results
One potentially significant development occurred on October 1, 2026, when Guilfoil’s defense filed a motion seeking to exclude blood test results from evidence. The motion came approximately two weeks before the scheduled trial. Blood test results can be critical evidence in OWI prosecutions because they may establish the presence or concentration of alcohol, controlled substances, or both. A defense motion to exclude such evidence can indicate that the results are potentially significant to the prosecution’s case, although the filing alone does not establish that Guilfoil tested positive for alcohol or drugs.
The original criminal complaint stated that a blood sample was collected following Guilfoil’s arrest, but the results were unavailable when charges were filed. Later court entries confirm that blood test results had been received, although the actual findings and the grounds for the defense’s exclusion motion were not included in the records reviewed by Kenosha County Eye. It is unknown whether the blood evidence dispute had anything to do with prosecutors seeking to postpone the trial or their subsequent decision to dismiss the criminal charge.
Originally Charged With Felony Fourth-Offense OWI
Guilfoil was originally charged on September 29, 2025, with felony fourth-offense OWI, a Class H felony carrying a maximum penalty of six years in prison and a $10,000 fine. At his initial appearance, Court Commissioner William “Bargain Bail Billy” Michel II ordered $3,000 cash bail.
On December 3, 2025, prosecutors filed an amended criminal complaint reducing the case to a misdemeanor. During a February 20, 2026, hearing, Judge Rossell confirmed that the charge had been amended from fourth-offense OWI to third-offense OWI and reduced Guilfoil’s cash bail from $3,000 to $2,000.
The reason for reducing the charge remains unclear from the publicly available records. The original criminal complaint specifically identified three previous drunk driving convictions in Texas, with conviction dates of December 12, 2000, March 16, 2007, and July 5, 2012. Those convictions were cited by prosecutors when they initially charged Guilfoil with felony fourth-offense OWI. Whether questions about the legal validity, documentation, or counting of those prior convictions contributed to the amendment is unknown.
Deputies Found Vehicle In Ditch, Reported Signs Of Intoxication
According to the original criminal complaint, Kenosha County Sheriff’s deputies responded to the area of 37036 93rd Street in the Town of Randall at approximately 11:21 p.m. on September 26, 2025. A caller reported a suspicious vehicle parked between his residence and a neighboring property and indicated that he was speaking with the vehicle’s driver.
Deputy Marshall-Moudy arrived and discovered a red Chrysler in the north ditch along 93rd Street. The vehicle did not appear to have sustained any visible damage, and Guilfoil was standing outside near the driver’s side. Guilfoil told the deputy that he had been experiencing chest pains, which caused him to leave the roadway. When asked where he was traveling, Guilfoil stated that he was going home but was unable to clearly explain where his home was located.
He reportedly told deputies that he was traveling across the Wisconsin border, even though his listed residence at the time was in Genoa City, Wisconsin. The deputy noted that Guilfoil would not have needed to cross the state border to reach that residence. When questioned about alcohol consumption, Guilfoil admitted having “a few drinks” but could not explain what he had consumed or how many drinks he had. He also claimed to be returning from his office but declined to provide additional information about its location.
Deputies reported that Guilfoil’s speech was slow and slurred and that an odor of intoxicants was coming from his vicinity. During questioning, Guilfoil told the deputy, “I do not have to answer any more questions. I’m not gonna.” Twin Lakes Rescue personnel subsequently arrived to evaluate Guilfoil’s reported medical concerns. According to the complaint, Guilfoil was unable to walk to the ambulance without assistance and required support from a rescue worker because he was unsteady on his feet.
When Deputy Marshall-Moudy asked Guilfoil to perform standardized field sobriety tests, Guilfoil refused. Deputies also searched the Chrysler and discovered two unopened 12-ounce cans of Mike’s Hard Lemonade on the floor, although no additional evidence of significance was reported from the vehicle search.
Based on the deputy’s observations, Guilfoil was arrested on suspicion of operating while intoxicated. A blood sample was collected at approximately 1:30 a.m., but the results were not available when the original criminal complaint was filed.
Three Related Traffic Cases Remain Pending
Although the criminal OWI charge has been dismissed, Guilfoil still has three related traffic forfeiture cases pending in Kenosha County Circuit Court. The remaining matters include a citation for refusing to take a chemical test for intoxication following an arrest, a citation for deviation from a designated traffic lane, and a citation for operating a motor vehicle without proof of insurance.
The refusal-to-test matter was filed on October 9, 2025, while the other two citations were filed on September 29, 2025. All three are associated with the same September 26 incident that resulted in the original criminal prosecution. The three cases are scheduled for a status conference before Judge Rossell on November 10, 2026, at 8:30 a.m. Unlike the dismissed OWI prosecution, these remaining matters are classified as traffic forfeitures rather than criminal charges.
Guilfoil has not been convicted of the September 2025 OWI allegation and remains presumed innocent of the dismissed criminal charge. The circumstances surrounding the dismissal, including the prosecution’s reason for requesting an adjournment and its decision not to proceed to trial, remain unanswered. Kenosha County Eye will continue monitoring the related traffic cases and any future developments involving the dismissed criminal prosecution. If prosecutors refile charges against Guilfoil, Kenosha County Eye will report that development.
