August 13, 2018 at 5:08 p.m.
Iron County homicide trial heads into final stretch
Iron County homicide trial heads into final stretch
By Abigail Bostwick-
As of press time Monday, a verdict had not yet been reached.
On trial are Richard Allen, 28, and Joseph Lussier, 27, both of Lac du Flambeau.
The two are charged with first-degree intentional homicide and hiding a corpse, both as party to the crime, in connection with the death of Wayne Valliere Jr., 25, Lac du Flambeau.
Curtis Wolfe, 26, Lac du Flambeau, and Evan Oungst, 28, Arbor Vitae, are facing the same charges but their cases have not yet gone to trial. James Lussier, 19, Woodruff, was initially charged with the same counts as the other four defendants, however he accepted a plea deal last week, pleading no contest to amended charges of homicide as party to a crime and two counts felony aiding a felon. In return, he agreed to "testify truthfully" and provide a full statement to law enforcement.
Valliere was found deceased in an isolated wooded area behind a berm on the gravel Swamp Creek Road in the town of Mercer in January after Oungst led police there.
James Lussier took the stand late Thursday. He told the jury a van picked him up at his residence around 7 a.m. Dec. 22. In the van were his older brother, Joseph, along with Allen, Wolfe, Oungst and three women. Joseph Lussier was driving, and Valliere was sitting in the front seat next to him, he said.
The women were dropped off before the group left the reservation. James Lussier said he wanted to go home, but the men were taking a ride to "drop something off" and the van continued on State Hwy. 47, he testified.
"I assumed it was possibly drugs," observed Lussier. Most everyone in the van was taking the prescription drug Gabapentin (mostly commonly prescribed for nerve pain and/or seizures), he added. The drug was obtained from Oungst, he said, and he had 20 pills. The effect of taking more than a prescribed dose, Lussier said, was "... like being drunk." "I fell asleep on 47," he said.
When he awoke, Lussier said the van had traveled down some snow-covered, wooded back roads he did not recognize. His brother needed someone to take over driving - "He was going in and out, he was falling asleep," - so he volunteered, he said.
When asked how Valliere was at that time,Lussier said, "His head was almost in his lap."
He said Joseph Lussier told him to "hurry up" and Oungst gave him directions where to go. Allen allegedly said to listen to Oungst as the two had been hunting in the area together previously.
"Who told you to stop?" asked prosecutor Chad Verbeten.
"I don't remember," said Lussier. "Somebody from the back ... everybody got out but Wayne. He got a marker, or he had it ... and grabbed something to write on. A piece of paper? I don't know what he was writing. Richard knocked it out of his hands and pulled him out of the van."
Lussier said he was standing by the door and it was daylight out by that time. He said Allen struck Valliere once, a "hard punch," in the jaw from behind and he "... fell to the ground and curls up in a ball ..." Wolfe began kicking Valliere at that time, as well as Allen, he continued. He said he was asked to join in but did not.
Valliere asked from the ground, "Why are you doing this to me? What did I do? And asking them to stop," said Lussier, becoming emotional.
"It stopped," Lussier told the court. "He got back to his feet." That was when Allen reached into the back of the van and pulled something out, he said.
"I didn't know what it was," he said, openly crying. "I heard a shot go off. Wayne hit the ground face down ... I seen blood come out of his face area ... I heard a little scream. From Wayne ... I watched it all ... after, I seen Richard hand off the gun. To Joey. I seen Joey grab it."
Four gunshots were heard, Lussier said. "It happened so fast," he added.
"Where was Wayne?" asked Verbeten.
"Laying there," he responded. "Facedown ... I got back in the van. I didn't know what else to do."
Lussier said he looked out the windows and saw Valliere's body still on the roadway. Allen and Joseph Lussier "... dragged the body into the woods," he said. Everyone came back to the van then, and drove towards Park Falls. "That's all I remember."
Verbeten asked what the atmosphere was like on that ride.
"It was weird. It was quiet," Lussier remembered. "Most of the time, Evan just told me not to be scared. We wouldn't get in trouble, we didn't have anything to do with it. You didn't do anything wrong."
Overheard from Wolfe was the statement, "'That's what he gets for taking my s***,' or something," Lussier testified.
Joseph Lussier fell asleep on the ride that took the van back to Lac du Flambeau where Wolfe was dropped off at his sister's house. The van was returned to its owner and everyone went home. He estimated the time to be between 10 a.m. and noon.
When asked what happened to the murder weapon, Lussier said he wasn't sure. "I just remember him saying 'baby' or something like that ... 'baby boy' or something like that," in regards to Allen.
During cross-examination, defense attorney James Lex pointed out a variety of admitted lies and stories James Lussier initially told police.
"Let's call that lie number three," Lex said, referring to Lussier lying about not knowing where Valliere was when questioned by police after the murder.
"I didn't want to get in trouble," Lussier said.
Lex pressed Lussier for details on the plea deal.
"You pleaded for a lesser charge (than what you were originally charged with, the same as all the other defendants)," Lex pointed out. "They will be more lenient with you as a result of them cutting a deal with you."
"Yes," Lussier responded.
Lussier, Allen phone call recording
Adam Grisa, Lac du Flambeau Police Department, testified as to his role in the initial missing person report of Valliere that later changed to homicide.
Grisa told the prosecution he was familiar with Allen, Joseph Lussier and Emmanuel Reyes, 31, Lac du Flambeau. Reyes told police Joseph Lussier admitted to the murder while the two shared a jail cell block, recounting the alleged story for them.
During a portion of a recorded phone call between Allen and Joseph Lussier from the Vilas County Jail, it was noted that the two discussed Allen becoming a "demon," a slang term for "... someone who has taken a life," noted Grisa of "... the community Reyes, Lussier and Allen ..." are thought to be affiliated with. The jury is not permitted to hear any possible connection to the Native Soldiers gang.
"We all gotta do what we gotta do, do you know what I mean?" laughed Allen on the recording.
"It's not what they know, but what they can prove," Joseph Lussier responded later.
The two defendants also discussed hearing from friends that police were going door to door in the Lac du Flambeau community "... looking for a ghost ...." Grisa reported this to be community slang for "a deceased person."
"They're looking for a ghost, that's what's up," Lussier says on the recording.
Haukaas pointed out there was no direct reference to Valliere in the recording, and that Allen never admitted to being a "demon," nor did Lussier admit to being a "demon."
After the jury left for a break, defense attorney Craig Haukaas requested a mistrial based on the prosecution's reference to gang activity.
Prosecutor Richard Dufour protested that there was no direct refence to any particular gang involvement on the defendant's behalf in the phone recordings.
"The court agrees," Judge Patrick Madden said. "Your motion is denied."
Wolfe takes stand
Curtis Wolfe took the stand late Wednesday to recount the early morning of Dec. 22. He told the jury Allen was the first to shoot Valliere in the face.
Wolfe admitted to helping move the body and accepting the task from Allen to dispose of the murder weapon, a black and silver 9-millimeter handgun. That gun was found in duct work at Wolfe's sister's home, wrapped in a red bandana, according to prosecutors.
Wolfe told the jury he was "high" at the time of the murder, but was alert enough to understand what was happening. When questioned by Lex and Haukaas, Wolfe noted his story had changed several times during the course of the investigation.
Wisconsin Department of Justice Special Agent Tami Sleeman testified Thursday that on Jan. 3, 2018 when she told Wolfe that law enforcement had found Valliere's body, Wolfe began to cry.
Sleeman said Wolfe told her on the record that he, Allen, Valliere, James Lussier, Joseph Lussier and a man he referred to only as "the white dude," dropped off three women before driving towards Mercer. At some point, Wolfe told her, James Lussier took over driving.
Wolfe indicated Valliere was in the middle of the van and Allen was making "fist movements" toward him on the drive, which he took to mean he wanted to fight.
"Curtis stated they stopped and he thought they were stopping to urinate outside," Sleeman said on the stand. "Curtis stated everybody got out."
Allen then "sucker punched" Valliere in the face, Wolfe told Sleeman, she said. The victim fell to the ground and a fight broke out for "a short period of time" before Allen went to the back of the van and took out a gun, turned around and "...shot Valliere in the face area," said Sleeman, recounting what Wolfe told her.
"Wayne's legs buckled and he fell to the ground," Sleeman said of Wolfe's recounting of the murder. "Curtis stated ... Joey took the gun and proceeded to shoot Wayne several more times in the body area."
Allen and Joseph Lussier then pulled the body toward the tree line, Wolfe told Sleeman.
Lex, in cross-examination, questioned Sleeman about Wolfe's changing story and initial denial that he took and hid the murder weapon.
"Did he say Mr. Valliere owed him money?" questioned Lex.
"I don't recall," Sleeman said.
"And did he have a letter ... that he would be given leniency and the opportunity to see his family after the interview (in exchange for testimony?)" Lex asked.
"Yes," said Sleeman. "He did get to see his family."
The trial was scheduled through this Wednesday, however testimony concluded quicker than expected last week.
Closing arguments were expected Monday and the case was to be handed to the jury after that.
If convicted, Allen and Joseph Lussier face life in prison.
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