June 11, 2020 at 3:38 p.m.
Vilas man charged with hate crime stands mute, asks for substitute judge
Vilas man charged with hate crime stands mute, asks for substitute judge
By Abigail Bostwick-
Initial appearance in alleged hate crime
Four Lac du Flambeau Band of Lake Superior Chippewa Indians spearfishing on a county lake told authorities they feared for their safety after hearing gunshots last month.
Following an investigation. James Kelsey, 61, was charged with misdemeanors operating a firearm while intoxicated and disorderly conduct with modifiers of a hate crime and use of a dangerous weapon.
Before Judge Neal Nielsen via Zoom on Monday, defense attorney Steve Lucareli noted his client was standing mute in plea to all charges. Further, Lucareli said, Kelsey was requesting a substitute judge.
"Of which of course I will honor," Nielsen said, before moving on to set bond for Kelsey.
District Attorney Martha Milanowski noted the alleged victims in the case were watching the live stream of the court hearing.
"I think a signature bond is appropriate," Milanowski said, adding that Kelsey should follow other bond rules including no alcohol possession or consumption, no firearm possession, no contact with the four alleged victims and no going on any tribal lands.
Lucareli objected to the district attorney's recommendations.
"There really is not a need to request Mr. Kelsey not posses a firearm or possess or consume alcohol ... the criminal complaint is consisting of allegations ... (Kelsey) is yet claimed to be innocent," he said.
The defense attorney indicated he felt the complaint contains a number of inaccuracies, which he intends to address in court at a later date.
"I would just ask that people not to jump to conclusions," Lucareli said. "Because there will be valid reasonable explanations offered for what is complained of fear ... there's no claim there was racial animus ... there is nothing to suggest this was based on any racial animosity."
Lucareli added he plans to file a motion in coming weeks to address those concerns. There is often significant anxiety that occurs around the spearfishing season for Native Americans, Lucareli admitted.
"I certainly do not wish to diminish their concerns," Lucareli said. "There is an opportunity to misinterpret something that occurred like this ... where malicious intent can be wrongfully attributed."
Further, Lucareli added, his client has been in the area for several decades and owned a local car business, during which time he had no criminal history or problems with the Tribe.
In support of the bond conditions, Milanowski noted Kelsey was intoxicated at the time of the alleged incident.
"There are concerns with a firearm and alcohol together," Nielsen acknowledged. "It was part of the circumstances presented with the complaint."
Nielsen set a $1,000 signature with conditions Kelsey not consume or possess alcohol, nor have contact with the victims or have any firearms in his possession.
The shotgun used in the alleged crime was taken into police custody, and any others are expected to be handed over.
Kelsey is due back in court July 14.
The alleged crime
One of the victims told the Vilas County Sheriff's Department he and three other individuals were on a spearing trip the night of May 2 when he heard music and voices from a dock on the water.
The man said he heard snippets of conversation including "get off the lake," and the word "fish" after which a subject ran around the house and a gunshot was heard from that direction. A female voice also allegedly said, "get off the lake." A second victim agreed with that statement.
When a deputy responded to the 911 call, a woman who answered the door at Kelsey's residence denied hearing any gunshots. Kelsey said he had fired his .410 shotgun at a red squirrel. He told officers that he's "got 'em," but no evidence of that was not found, according to the police report.
The deputy also noted in his report Kelsey appeared intoxicated with slurred speech and poor sense of balance and smelled of intoxicants. A breathalyzer test resulted in a .204 reading from Kelsey.
Abigail Bostwick may be reached at [email protected].
Comments:
You must login to comment.