September 8, 2016 at 8:20 a.m.
Rhinelander man accused of assaulting second child in Walmart school supplies aisle
Rhinelander man accused of assaulting second child in Walmart school supplies aisle
John J. Donato was scheduled for a preliminary hearing before Branch I Judge Patrick O'Melia at 1 p.m. Tuesday but failed to show up. His attorney, Chad Lynch, told O'Melia that Donato had a slip-and-fall accident over the weekend and suffered "a couple broken ribs." His doctor placed him on bed rest when he was released from Wausau Aspirus Hospital Monday, the lawyer said.
Donato appeared before O'Melia on Aug. 24 on a charge of second-degree sexual assault of a child after a 13-year-old girl reported he squeezed and swiped her buttocks with his hand and pushed his body into hers while she was in the school supplies aisle at the Rhinelander Walmart the day before.
According to the criminal complaint, the girl was in the store with her grandmother Aug. 23 when Donato "approached her and asked her a question and had either slightly squeezed or swiped his hand across her buttocks as he walked away from her."
The girl said Donato then followed her into another aisle where he "approached her from behind," pressed himself into her buttocks and said "you are so sweet."
She told police she was able to run away from Donato and locate her grandmother.
When interviewed by police, Donato first indicated he accidentally bumped into the girl but after officers advised they had surveillance video of him in the store he admitted to purposefully touching the girl. When asked if he had though about "snatching" the alleged victim from the store, he said he had not but did admit that "lately he has found himself watching young girls, being sexually attracted to young girls, and found the young girl in Walmart to be attractive."
He also told the detective he had been in the store about two hours prior to the alleged assault occurring.
According to the amended complaint filed Tuesday, Donato allegedly squeezed the buttocks of an 8-year-old girl almost an hour and a half before the alleged incident with the 13-year-old.
The 8-year-old was looking at items near the school supply lists as her grandmother was paying for their purchases, the complaint states. She told a police detective that Donato squeezed her buttocks for "about 20 seconds." She said when she walked toward Donato, he "kind of smiled, grinned (at her)," according to the police report.
The girl did not immediately tell her grandmother what had happened and it wasn't until Aug. 24 that the grandmother contacted police about the incident. Store security cameras allegedly captured the interaction between Donato and the 8-year-old.
The detective working both cases was going to interview Donato on Aug. 25 concerning the second incident but Donato suffered an apparent heart attack while he was in the Oneida County Jail and had to be airlifted from Ministry St. Mary's Hospital to Wausau Aspirus Hospital, according to the police report attached to the amended criminal complaint.
On Tuesday, a charge of first-degree child sexual assault (sexual contact with a child under age 13), a class B felony, was added in the amended criminal complaint.
Due to Donato not being in court Tuesday and with no paperwork from his doctor, O'Melia authorized a warrant for Donato's arrest.
When reached for comment Tuesday afternoon, Rhinelander Walmart store manager Brent Sunby said the store has taken steps to improve the security of the school supply section of the store.
"We did just about everything perfectly, we caught that gentleman, observed his behavior and made sure he was arrested on the property," Sunby said. "He didn't get past my security that day. My security is pretty tight."
Sundby said store employees are being extra vigilant.
"When you have something like that happen, you certainly increase your awareness to those sorts of things," he said.
Following his initial court appearance, Donato was released on a $500 signature bond with conditions he stay off Walmart premises and have no contact with any minors. At Tuesday's hearing, assistant district attorney Jillian Peifer told O'Melia the state was going to seek a substantial cash bond in light of the new charge.
If convicted, Donato faces a maximum penalty of 40 years in prison and up to 60 years in prison for the Class B felony.
Jamie Taylor may be reached at [email protected].
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