May 19, 2017 at 3:44 p.m.
Eagle River man gets probation in armed standoff case
Eagle River man gets probation in armed standoff case
Judge Neal A. Nielsen III ordered Mark C. Mayo to serve three years probation and 10.5 months in jail, with credit for 266 days served. He then stayed the remaining 1.5 months.
Mayo was originally charged with two counts of first-degree recklessly endangering safety, a class F felony, and one count of possession of a firearm while intoxicated, a class A misdemeanor, stemming from an Aug. 29, 2016 incident in Eagle River.
However, after a plea agreement was negotiated between Vilas County district attorney Martha Milanowski and defense attorney John Voorhees, Mayo pled guilty March 29 to a single count of intentionally pointing a firearm at a law enforcement officer, a class H felony, and operating or going armed with a firearm while intoxicated.
The other charge was dismissed but read in and a charge of misdemeanor bail jumping in a separate case was dismissed outright.
Judge Neal Nielsen III ordered a pre-sentence investigation, which was filed on May 9, according to online court records.
At the sentencing hearing, Milanowski said she agreed with the author of the pre-sentence investigation that prison is not warranted in this case, although it was "a very serious, dangerous incident."
"The victims in this case are two law enforcement officers, and really the law enforcement community, in general," Milanowski said. "And while we have several members of law enforcement here (today), the actual victims are not here and do not wish to make a statement. But they have stated during the pendency of this case, and I quote, 'Mr. Mayo should not be allowed to drink alcohol or possess guns, ever.' I think that is a fine summary of the takeaway in this case."
Milanowski praised the members of the various law enforcement agencies for the restraint they showed during the course of the incident, despite shots being fired "in their direction." She pointed out that they were able to evacuate citizens from the residential area and eventually took Mayo into custody without firing a shot.
"I want to note that is incredible. In this day and age, and from what we have seen in other jurisdictions, this could have ended much differently and much more tragically," she said. "And it is still tragic why we're here today, but law enforcement avoided what could have been a much worse situation."
She also noted that while the crime was serious, it was Mayo's first criminal offense. She then stated she would go along with the recommendation in the PSI for a withheld sentence, four years of probation, absolute sobriety, AODA and mental health assessment and counseling.
Voorhees told Nielsen that Mayo understands the seriousness of his actions, although he has no memory of the event. He argued Mayo needs rehabilitation, not incarceration. Voorhees also said that Mayo has suffered from depression since at least 2008, and being separated from his children has made that even worse.
"The alcohol use was clearly a factor, as well," Voorhees said, adding that Mayo has said that he has suffered from blackouts during binge drinking episodes, and that's what happened in this case.
A tearful Mayo then read a statement that started and ended with an apology to the officers involved in the incident.
"To say I'm sorry simply is not enough, and does not cover the regret I feel for allowing things to escalate to that point," Mayo said. "My actions were severe and dangerous, I accept full responsibility."
He said he knows that someday he will come face to face with the officers involved in the incident, and although he doesn't remember what happened, and does not even remember them, he hopes they could forgive him.
Mayo said he wants to try to make a better life for himself going forward, and he will carry remorse for his actions that day for the rest of his life.
"Actions speak louder than words," Mayo said. "Through personal commitment, and the assistance of others, I will strive to meet this challenge head on."
Nielsen noted the depth and sincerity of Mayo's remorse. He also noted that months before the standoff, Mayo had twice been involuntarily committed to mental health facilities because of his longstanding problems with alcohol abuse, depression and anxiety. He also had two recent minor alcohol-related misdemeanor offenses that were ultimately dismissed, and that was the extent of his criminal record.
"I have to think, to some degree, that all of the chaos that occurred on that day ought to have been avoided somehow. What did the mental health professionals miss? What did the involuntary commitment system fail to address, or what was failed to be addressed in your prior cases?" Nielsen wondered aloud.
He noted that Congress recently took action to allow individuals who have been subject to mental health commitments to be allowed to possess firearms.
"The NRA, in its wisdom and power as lobbyists, pushed to restore those Second Amendment rights is maybe more important than other considerations that come to bear," Nielsen said. "And I look at this case, and I say we had a threat of suicide by the very same weapon that was used in this case, the Glock. There was a settlement in that case, and there never was a commitment order and there never was an order to remove firearms. One has to look at the situation and think, oh my God, if the outcome here was something else in respect to law enforcement, how hard it would be to look at that prior history and say - for so many people, including me - what did we miss in the process?"
In the end, Nielsen agreed that Mayo would be better served by the mental health and alcohol abuse treatment that he can receive while on probation. He withheld sentence and placed Mayo on probation for three years, ordered him to serve 10.5 months in jail, with credit for 266 days served, and stayed the remaining 1.5 months. He ordered Mayo to resume treatment for alcohol and mental health issues, ordered that he stay out of taverns and not consume alcohol, take medication as prescribed and maintain full employment or attendance at school or a combination of the two.
He also fined him a total of $961.
Finally, he noted that as a convicted felon, Mayo can no longer own or possess a firearm.
"In that regard, we can accommodate the wishes of law enforcement," Nielsen said.
Jamie Taylor may be reached at [email protected].
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