March 31, 2017 at 4:21 p.m.
Rhinelander man bound over for trial in Pelican shooting incident
Request to reduce Fletcher's cash bond denied
Rhinelander man bound over for trial in Pelican shooting incident
Steven Fletcher appeared before Branch II Judge Michael Bloom with his attorney Brian Bennett on attempted first-degree intentional homicide, armed burglary, possession of a firearm while intoxicated and disorderly conduct charges stemming from an alleged shooting incident March 11 in the town of Pelican.
Assistant district attorney Jillian Pfeifer called just two witnesses to testify at the preliminary hearing, Sgt. Brad Fogerty and Det. Sgt. Robert Hebein, both of the Oneida County Sheriff's Department.
Fogerty testified first, stating what he learned upon arriving at the scene of the alleged shooting - an apartment building - just after 11 p.m. March 11.
Fogerty testified the alleged victim was asleep on the couch in his apartment when he awoke to find Fletcher standing inside the door.
"He noticed the door to the apartment open up and when he looked up, he observed a male standing in his apartment in pretty close proximity to him," Fogerty said. "At which point (the man) stated Fletcher stated in certain terms told him that 'you are dead,' at which point, a shot was fired in his direction."
He told Pfeifer the alleged victim rushed Fletcher and, after a brief struggle, managed to disarm him. He then took the pistol to the nearby apartment manager's apartment and awaited law enforcement.
A semi-automatic .22 pistol was turned over to Fogerty, he testified.
"The gun was not loaded, an empty magazine was inserted and the bolt was locked to the rear," Fogerty testified.
Fogerty testified that a spent .22 shell casing was recovered from the apartment, along with a bullet that had gone through a coffee table next to the sofa that then became lodged in a shelf next to the sofa.
Under cross-examination from Bennett, Fogerty said that Fletcher told him that earlier the day of the shooting, the alleged victim and his mother - with whom Fletcher had just ended a "dating relationship" - had spoken in friendly terms just the afternoon of the alleged shooting.
"Does your report indicate that Steve Fletcher was actually nice to (alleged victim)?" Bennett asked.
"Yes," Fogerty replied.
Fogerty also testified that the coffee table was below the level of the sofa the alleged victim was laying on when the shot was fired.
In his testimony, Hebein went into more detail about what he learned about the incident after arriving on the scene.
He testified that he spoke to both the alleged victim and his mother, who was asleep in a bedroom when the incident started. She told Hebein that she was awakened by her son screaming, went into the living room and saw him struggling with Fletcher for control of the pistol.
"Mr. Fletcher made a comment to her saying 'your son is dead' and then fled the apartment," Hebein said.
He testified that when questioned, Fletcher admitted to owning a .22 pistol and that after drinking he retrieved the weapon from his residence and went to the apartment. He allegedly told Hebein that while he was trying to load the weapon, it discharged in his vehicle. Two spent shell casings were found in the truck, with a bullet hole in the window of the passenger door and a single bullet lodged in the door itself.
When Pfeifer asked Hebein if Fletcher said anything about what happened in the apartment, Hebein replied "he said he recalled firing the weapon."
Bennett the asked Bloom to dismiss the attempted homicide charge.
"The crime that is being alleged here today is attempted homicide and in order to do that, the state has to present evidence that the defendant had to have the requisite mindset to commit a homicide without an intervening factor," Bennett said. "The state has introduced evidence today of an intervening factor not necessarily demonstrating intent. For that reason, I don't think the state has met the burden of proof."
Bloom disagreed, noting the burden of proof at the preliminary hearing level is "probable cause that a felony offense had been committed by the defendant in Oneida County" based on the testimony of the witnesses.
He said Fogerty and Hebein's testimony that Fletcher intended to harm, if not kill, the alleged victim caused the state to reach that burden.
"Specific statements were attributed to the defendant ... 'you are dead,' as indicated by the alleged victim, and 'your son is dead,' by the alleged victim's mother," Bloom said in denying Bennett's motion.
Bennett asked that Fletcher's cellphone, which was recovered from his truck after the incident, be turned over to his parents. He said the sheriff's department has already copied the contents of the phone and it need not be held. He added that the phone might contain evidence that he might be able to use in his client's defense.
Bloom gave Pfeifer until the next court date to determine if the phone is still needed for evidence if the case goes to trial, and if it is, is there anything on it that should be released to Bennett.
Bennett also asked that Fletcher's $30,000 cash bond be reduced to an amount that he or his parents could afford to post. He added that his client takes medications to treat the medical after-effects of a traumatic brain injury he suffered a few years ago. He also said his client wishes to seek treatment for his drinking problem at a clinic in Green Bay.
Pfeifer vigorously objected to the motion, arguing Fletcher is charged with a serious crime and the public needs to be protected from him. Bloom agreed with her, noting that now that Fletcher has been bound over for trial and is facing the possibility of a lengthy prison sentence if convicted, he poses more of a flight risk.
The case is set for arraignment April 10.
If convicted, Fletcher faces up to 60 years in prison on the attempted homicide charge. Armed burglary carries a maximum sentence of 15 years in prison and a fine up to $50,000.
Jamie Taylor may be reached at [email protected].
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