June 20, 2022 at 1:59 p.m.
Case against man accused of threatening school officials moves forward
Case against man accused of threatening school officials moves forward
Bauman is being held in the Oneida County jail in lieu of $50,000 cash bail. He is facing a single count of making terrorist threats, a Class I felony.
According to the criminal complaint, Bauman is accused of creating "an unreasonable and substantial risk of causing public panic or fear" and threatening to cause the death of, or inflict bodily harm, to a pair of Oneida County school officials.
Herrmann testified the investigation began after a caller alerted Lakeland Union High School officials that she had observed a picture of an assault rifle on a Snapchat message Bauman allegedly sent to her child. The message or messages also included a comment about trying to locate a specific school official, the detective testified.
The officer went on to explain how law enforcement located Bauman and their subsequent conversations with him regarding weapons in his possession.
According to Herrmann, Bauman showed law enforcement an "AR style" rifle that he said he purchased in Rhinelander on June 7 and was keeping under his bed. (Also under the bed was a "tactical shotgun" Bauman told authorities he had purchased months earlier. According to the complaint, Bauman told investigators his purpose in acquiring firearms was coyote hunting and home defense).
Herrmann also testified that one of Bauman's parents initially attempted to purchase a gun for him in Rhinelander on June 7 but was unable to do so because the parent is a resident of another state. Bauman, however, was able to purchase the weapon and ammunition himself, he confirmed.
The officer also testified that Bauman consented to a search of his cellphone and the device was analyzed by an investigator from the sheriff's department. He testified the investigator located a video of the May 14 mass shooting at a Buffalo, N.Y. supermarket which Bauman had shared with a friend along with the comment "what would Wisconsinites do."
Public defender Breanna Magallones objected to the testimony about the Buffalo video, arguing that what Bauman watched online days or years earlier was not relevant to the probable cause determination to be made by the court.
"I don't understand how this would have any relation to whether or not he made a threat," she said.
District attorney Mike Schiek said the testimony was important in terms of context.
"These are not isolated incidents. It's not just having a gun. It's not just making Snapchat conversations," the prosecutor said. "You look at this as a whole and you can see the state's theory and I think you need all this to take into context what the concerns of the state are, that it is a true threat. I think the court needs to have all this information to make a probable cause determination."
After Bloom overruled the objection, Schiek asked the officer to relay his knowledge of an incident in 2019 that resulted in Bauman being expelled from school.
"He was expelled from Lakeland Union High School for allegedly walking down the hallway making shooting gestures into classrooms," the detective testified.
Under cross-examination, Herrmann admitted that he did not personally view the Snapchat messages allegedly found on Bauman's phone. He also conceded that he is aware it is legal for an 18-year-old to own a gun in the State of Wisconsin.
Following the officer's testimony, Magallones argued the state had not met its probable cause burden.
"I would argue that what we have here is someone saying to someone else, to someone else, to someone else that they thought they saw threats on their son's phone," she said. "No one has observed these threats. This was not a publicly ... this was not a Snapchat that was globally allegedly available..."
She went on to note that "it is legal for Mr. Bauman to own a firearm" and it is legal for him to tell others that he purchased a firearm.
"I think it would be a violation of his First Amendment rights to say you can buy a firearm but you can't tell your friends that you bought a firearm," she added, arguing there is no allegation that Bauman said he was going to shoot or hurt school officials.
In response, Schiek noted that the investigation remains active and "fluid". He also stressed that school officials perceived it to be a true threat (classes and activities in two school districts were canceled as a result of the investigation) and argued Bauman would have known how this material would be perceived based on his prior experience in 2019.
Bloom agreed, raising his voice to stress the word "badly" while making the following remark.
"This particular defendant, more so than most people, would be acutely aware that individuals react badly to this kind of thing, which therefore supports the proposition he was aware of the risk of creating public panic or fear," the court said.
After Bloom made his ruling, Magallones asked if she could make an argument for a reduction of bond. The judge responded that he was not going to address bond Thursday but Magallones could file a bond modification motion to be heard prior to arraignment.
If he posts bond, Bauman may not communicate with any school employee in Oneida County or go on any school premises in the county. He is also prohibited from possessing firearms as well as any device that can be used to connect to the internet and may not leave the county without permission.
He faces a maximum sentence of 3 1/2 years in prison if convicted.
Heather Schaefer may be reached at [email protected].
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