February 26, 2018 at 3:40 p.m.
Minocqua man accepts plea deal, avoids trial in child sexual assault case
Minocqua man accepts plea deal, avoids trial in child sexual assault case
Nathan D. Warbalow entered no contest pleas to both counts as part of a plea agreement that saw the second count amended to causing a child under 13 to view or listen to a sex act, a class F felony.
Oneida County district attorney Mike Schiek and defense counsel Elizabeth Svehlek then asked Judge Patrick O'Melia to delay entry of judgment on the more serious charge for the duration of any sentence handed down on the lesser charge. They also requested a pre-sentence investigation (PSI).
After twice warning Warbalow that he is not bound by the terms of the plea agreement or the sentencing recommendation from the PSI, O'Melia accepted both pleas, deferred entry of judgement on the more serious charge and scheduled sentencing for May 8.
Warbalow now faces a maximum 12.5 year sentence, with a maximum of 7.5 years incarceration. The remainder would be served on extended supervision.
If he violates any of his bond conditions before completing that sentence, he could be sentenced to the maximum penalty for the class B felony.
Warbalow has been in custody since Jan. 3, 2017 in lieu of $40,000 cash.
He was arrested after the Oneida County Sheriff's Department received two referrals from the Woodruff Police Department and Oneida County Department of Social Services.
According to the complaint, an investigator and social worker interviewed the two alleged victims, ages 8 and 7, who said they were encouraged to "pull down Warbalow's pants" and he talked at least one into allegedly fondling him.
After being arrested, Warbalow was questioned by a detective from the sheriff's department and a social worker. He initially denied the allegations but later admitted that the events did happen, the complaint states.
The detective contacted O'Melia with a probable cause statement and O'Melia set the cash bond as well as conditions that he not contact the alleged victims or their families and that he have no contact with anyone under the age of 18, including his own children.
Warbalow faced up to 60 years in prison if convicted of the original charges.
Jamie Taylor may be reached via email at [email protected].
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