January 13, 2022 at 11:00 a.m.
Minocqua man sentenced to prison for incident that injured Vilas deputy
Minocqua man sentenced to prison for incident that injured Vilas deputy
Benjamin P. Brand will also serve 42 months on extended supervision, according to the sentence handed down in Oneida County Circuit Court Jan. 4.
The felony charges were filed Sept. 27, 2021 along with misdemeanor resisting an officer, disorderly conduct and criminal damage to property charges.
According to the report of an Oneida County deputy attached to the criminal complaint, he was dispatched at about 1:42 a.m. Sept. 25, 2021 to a lodging establishment in St. Germain. There were reports of a possible domestic abuse incident in progress and fire alarms going off.
While the deputy was en route to the location, another Vilas County deputy attempted to arrest a man later identified as Brand as he exited a window of the hotel room. According to the report, the other deputy attempted to stop Brand, shattering the window, and a shard of glass pierced the deputy's arm. A tourniquet had to be applied before an ambulance could arrive due to extreme blood loss.
Meanwhile, Brand fled the scene traveling west on U.S. Highway 70 toward Minocqua. When deputies and members of the Minocqua Police Department arrived at his home of record, they found the pickup truck that witnesses saw leaving the scene in St. Germain.
When the law enforcement officers tried to take Brand into custody, he provided violent resistance, requiring one officer to deploy their Taser. Since the arresting deputy believed that Brand was intoxicated when he fled the hotel in St. Germain, a blood draw was done at Ascension St. Mary's Hospital.
Brand made his initial appearance Sept. 27 at which time circuit judge Patrick O'Melia set a $50,000 cash bond, despite Brand being on a probation hold. Following his preliminary hearing Oct. 7, O'Melia bound over Brand for further proceedings. On Oct. 19, Brand entered a not guilty plea.
On Jan. 4, Oneida County district attorney Michael Schiek outlined a plea agreement he had worked out with public defender Elizabeth Svehlek to resolve the case. In exchange for guilty or no contest pleas to the charges of OWI 5th or 6th and resisting an officer causing a soft tissue injury to officer, the remaining charges would be dismissed but read in for purposes of sentencing.
The two made a joint sentencing recommendation that O'Melia sentence Brand to 18 months initial confinement followed by 42 months extended supervision.
Brand pled no contest to the two charges.
In her sentencing statement, Svehlek said that while this makes the sixth OWI conviction for her client, if given access to treatment programs in prison, he could yet turn his life around.
"Mr. Brand is not a lost cause," Svehlek said.
Brand admitted that most of his problems with the criminal justice system have been related to alcohol.
"It's either resisting or traffic, but it's all alcohol-related," Brand said. Brand's last OWI conviction was in 2014, just prior to the change in state statutes that would have meant a mandatory minimum prison sentence. Instead, he served his time in the Vilas County Jail.
This time, there would be a green prison jumpsuit in Brand's future as O'Melia went along with the joint sentencing recommendation.
"You need to take advantage of the programming in prison," O'Melia said, asking Brand if he had ever been through treatment for his alcohol abuse.
"I did have inpatient when I was quite a bit younger. Maybe I was too young to take it serious, I guess," Brand reflected.
When handing down the sentence, O'Melia noted that Brand is eligible for any AODA treatment programs available in prison.
"Like you put it, you're now old enough to realize the impact they (drugs and alcohol) have had on your life," O'Melia said.
Brand will receive credit for 101 days already served.
Jamie Taylor may be reached via email at [email protected].
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