January 15, 2016 at 4:17 p.m.
Wolf sentenced to 19 years for 2003 murder
Both sides hesitant to 'roll the dice' by going to trial
Wolf sentenced to 19 years for 2003 murder
Shannon J. Wolf entered an Alford plea Monday to second-degree intentional homicide (as party to a crime) in connection with the June 28, 2003 death of Kenneth "Punky" Wells.
Wells' body was recovered from the Wisconsin River behind the Trig's Riverwalk Centre on July 1, 2003. The state was prepared to argue at trial that Wolf lured Wells under the Davenport Street bridge with the promise of marijuana, struck him with a rock, put a plastic bag over his head, and placed his body in the river.
The Alford plea means Wolf is maintaining his innocence but conceding the state could prove the case at trial.
According to lawyers on both sides of the case, the plea deal was brokered because both sides were hesitant to "roll the dice" and go to trial on the original charge of first-degree intentional homicide. That charge carries a maximum penalty of life in prison without the possibility of parole.
Wolf entered his plea just over an hour before jury selection was to start in the case. On Friday, Branch II Judge Michael Bloom sentenced him to 19 years initial incarceration followed by 11 years extended supervision, to run concurrent to the 12-year prison sentence he is currently serving for a mayhem conviction in 2013 related a 2012 stabbing incident on Sutliff Avenue in Rhinelander.
He was also sentenced to 12 years extended supervision in that case.
Oneida County District Attorney Michael Schiek and Wolf's public defender Maggie Hogan told Bloom that they had strong cases and were prepared to go to trial.
Schiek told the judge that even though there was some concern that Hogan would be able to attack the credibility of his key witness, Shannon Wolf's ex-wife Latoya, he was sure the inconsistencies in her various statements to law enforcement would have been overlooked by the jury because of one key element.
"I listened to every second, every minute, every hour of the over 20 hours of recordings in this case that Latoya Wolf made to law enforcement," Schiek said in his sentencing argument. "Shannon Wolf was always a part of those statements."
Schiek did acknowledge inconsistencies, but added it is hard to understand why someone would implicate themselves in a murder just to get someone else charged with the crime, too.
Latoya Wolf pled no contest to second-degree intentional homicide (as party to a crime) on July 21. Bloom later sentenced her to 12 years in prison and 13 years extended supervision.
While Wells liked to drink and smoke marijuana, for the most part he never hurt anyone through these lifestyle choices, Schiek said.
"He certainly did not deserve to die the way he did," the prosecutor said.
Hogan said her client still maintains that he did not kill Wells under the bridge, but recognized the stakes he was facing if a jury found him guilty. She also acknowledged that Wolf's past criminal record would work against him. She added that his past should not play a factor in his present or his future.
The decision to take the Alford plea means he will "have an end in sight" and will be able to get out of prison and spend time with his children again, she noted.
"This plea was an unwillingness to roll the dice with the rest of his life," Hogan said.
If the case had gone to trial, the defense case would have been strong, she said, arguing that it would have been easy to attack Latoya Wolf's credibility. Hogan also argued the physical evidence does not support Latoya Wolf's assertion that Shannon Wolf struck Wells in the head with a rock, put a rope around his neck and a bag over his head, before placing his body in the Wisconsin River. Autopsy results conducted after Wells' body was recovered did not support the statements, she said.
"There was no sign of blunt force trauma, no ligature marks on the body nor a bag recovered," Hogan said. "We can't change the fact that the autopsy didn't show any of these (things)."
She also claimed there were other factual errors in what Latoya Wolf told police regarding the car she and her then-husband were riding in and where they lived at the time that could be used to impeach her testimony during cross-examination.
"I think if you were going to take someone's life, you'd remember what vehicle you were driving and where you were living at the time," Hogan said.
A tearful Wolf seconded his attorney's plea for a lighter sentence, although he never directly referred to the Wells homicide.
"I'm not a bad person, I have just made some bad decisions," Wolf told Bloom. "Now I am facing the consequences of those decisions."
Wolf said he understands that forgiveness is something that isn't given but earned and added that he hopes someday society will see he has earned it.
Before passing sentence, Bloom noted that Wells died due to a "violent, brutal attack on him."
However, in going through the sentencing factors, and despite noting Wolf's long criminal history, he came to the conclusion that there is no justification for "writing Mr. Wolf off."
"His character works against him at sentencing," Bloom said. "But that doesn't mean that he cannot be rehabilitated."
The judge agreed that Hogan could have mounted a "withering attack" on Latoya Wolf's credibility on the witness stand. With five different versions of what happened the night of the murder and 10 different incidents of previous untruthful statements she had made to police regarding her ex-husband, the state had as much to lose in Wolf being acquitted by the jury as Wolf did if he was convicted and sentenced to spend the rest of his life in prison, he noted.
"Without Latoya Wolf's testimony, the state literally had no case," Bloom said.
Bloom characterized the plea agreement between the two sides as a "just result" and said the sentence Schiek had asked for was in keeping with the crime. He added that given the nature of what Latoya Wolf described happened the night of the murder, a longer sentence would also have been justified.
Wolf will be given 336 days credit for time served since the charges were filed, meaning he was serve a little over 18 years in prison.
In a brief meeting with media after the hearing, Schiek said Hogan had floated the idea of the Alford plea following a motion hearing last Friday.
"I spent the weekend preparing for trial but was in contact with Ms. Hogan the whole time," he said.
The final decision by Wolf to accept the plea agreement wasn't made until Monday morning, he added.
Hogan declined to comment following the hearing.
Jamie Taylor may be reached at [email protected].
Comments:
You must login to comment.