Burnett Circuit Court--Branch I

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[00:01:06][clears throat] >> I was just saying it was unlike you.

[00:01:19]You're not here.

[00:01:21]I was on Zoom.

[00:01:22]>> I was down the hallway.

[00:01:26]>> Were you in the last hearing?

[00:01:28]>> I did it by Zoom from 1:15 and I had just enough time to get here.

[00:01:32]>> Well, that's great. Okay.

[00:01:33]>> [clears throat] >> We will go on the record in the matters 25 CF 148, 25 TR 880, 881, and 882.

[00:01:43]State of Wisconsin versus Jacob Haseltine. The state appears through District Attorney Kevin Schmitt in person. Mr. Haseltine appears in person with his counsel, Nicholas White.

[00:01:54]We're set today in this matter for a plea and sentencing. Mr. Hazeltine has completed the IDIP program.

[00:02:02]Mr. Wait, is this proceeding as such?

[00:02:04]>> Yes, it is, Your Honor.

[00:02:06]>> All right.

[00:02:07]Plea questionnaire waiver of rights form?

[00:02:10]>> Yes, I have that.

[00:02:25]>> Has [clears throat] he sat 48 consecutive hours?

[00:02:28]>> Yes, he has, Your Honor. I believe it's 5 days credit from the arrest on the 10th until release on the 14th.

[00:02:37]>> Can you recite the agreement for the record?

[00:02:40]>> Your Honor, we have a joint agreement for a plea to the count one, OWI as a fourth offense, merge and dismiss count two.

[00:02:50]And it'll be the IDIP guidelines for the 0.25 BAC or higher.

[00:02:57]That's the fine of $3,175, jail sentence 165 days, the 250 hours community service, and I'm not sure. I think it was the 36-month license revocation. That's not on the guidelines form or part of the negotiation, but it I presume that's uh uh what would happen today along with a waiver of the pre-sentence investigation.

[00:03:30]>> a lifetime.

[00:03:32]>> I understand that.

[00:03:34]I was trying to explain that to Mr. Hazeltine that there's a difference between what Your Honor orders and what DOT or is expected to do, especially for work release, not being able to get that until 10 years.

[00:03:47]Okay.

[00:03:47]>> So, the court it's an OWI fourth, and I have to order a lifetime unless the Department of Motor Vehicles um there's some ways that a fourth won't be a lifetime, but they only know that because that's through their system and their things. Um but when it comes in front of this court um an OWI fourth, I have to order a lifetime revocation. Okay? Do you understand that?

[00:04:14]>> Yes, Your Honor.

[00:04:14]>> And do you still wish to proceed and enter a guilty plea here today?

[00:04:18]>> Uh yes, Your Honor.

[00:04:19]>> All right.

[00:04:21]>> [clears throat] >> So, I have in front of me a plea questionnaire waiver of rights form.

[00:04:25]Do you recognize the document?

[00:04:28]>> Uh yes, Your Honor.

[00:04:30]>> Is this the document that your attorney went over with you?

[00:04:33]>> Yes, it is.

[00:04:33]>> Did he essentially go over it with you word for word?

[00:04:37]>> Uh yes, he did.

[00:04:38]>> And so, you understand everything on this document?

[00:04:41]>> Yes, Your Honor.

[00:04:42]>> If by chance you didn't understand something, did you have your attorney explain it to you until you did?

[00:04:48]>> Yes.

[00:04:49]>> And is that your signature on the second page?

[00:04:51]>> Yes, it is.

[00:04:52]>> You're pleading guilty to one count of OWI fourth offense. You're 37 years old, 12-plus years of schooling. You can read, write, you understand the English language.

[00:05:02]Um you are not receiving treatment for a mental illness or disorder, no alcohol or illegal substances. However, you have had medications. Is that all correct?

[00:05:12]>> Yes, Your Honor.

[00:05:13]>> And have you taken your medications as prescribed?

[00:05:16]>> Yes, Your Honor.

[00:05:17]>> Do your medications interfere with your ability to comprehend or understand things?

[00:05:22]>> No, Your Honor.

[00:05:24]>> Did your attorney go over with you what the state would have to prove to prove your guilt beyond a reasonable doubt?

[00:05:30]>> Yes, Your Honor.

[00:05:30]>> Did your attorney go over with you the minimums as well as the maximum possible penalties that you face?

[00:05:37]>> Uh yes, Your Honor.

[00:05:39]>> Because you're charged with crimes, you are entitled to constitutional rights and each of those rights is listed on the first page of the plea questionnaire.

[00:05:47]Do you have that in front of you?

[00:05:50]>> Uh yes, Your Honor.

[00:05:51]>> Did your attorney go over your rights with you thoroughly?

[00:05:54]>> Uh yes, Your Honor.

[00:05:55]>> Do you understand them completely?

[00:05:57]>> Uh yes, Your Honor.

[00:05:58]>> Do you need me to go over those rights with you in any more detail?

[00:06:02]>> Uh no, Your Honor.

[00:06:04]>> Do you understand that by pleading guilty, you're waiving and giving up those rights?

[00:06:08]>> Uh yes, Your Honor.

[00:06:09]>> Do you understand that if you're not a citizen of the United States, your plea could result in your deportation?

[00:06:15]>> Yes, Your Honor.

[00:06:17]>> Do you understand that you're pleading guilty to a felony, as such you will no longer be able to use or possess a firearm for life?

[00:06:24]>> Yes, Your Honor.

[00:06:25]>> You'll no longer be able to vote in any election until your civil rights are restored.

[00:06:30]You understand that?

[00:06:31]>> Yes, Your Honor.

[00:06:32]>> All right.

[00:06:34]Here, the state would have to prove on or around October 10th, 2025, in Burnett County, Wisconsin, you operated a motor vehicle while under the influence of an intoxicant.

[00:06:45]Do you understand what the state would have to prove?

[00:06:48]>> Uh yes, Your Honor.

[00:06:49]>> And this is your fourth countable offense, correct?

[00:06:54]>> Correct, Your Honor.

[00:06:55]>> Upon conviction of this class H felony, you could be fined not more than $10,000 and imprisoned not more than 6 years.

[00:07:04]However, um you shall be fined not less than $600 and imprisoned not more than or not less than 60 days uh due to your number of convictions. Do you understand that?

[00:07:16]>> Uh yes, Your Honor.

[00:07:19]>> Do you understand that there is an agreement that's been reached for the court to follow the intoxicated driver intervention programs program for a blood alcohol content of.25 or higher?

[00:07:32]>> Yes, Your Honor.

[00:07:33]>> Do you understand that I'm not bound to follow that agreement and that recommendation?

[00:07:38]>> Yes, Your Honor.

[00:07:39]>> I could sentence you all the way to that maximum possible penalty, which could be up to six years of incarceration. Do you understand that?

[00:07:47]>> Yes, Your Honor.

[00:07:47]>> Do you still wish to proceed and enter a guilty plea?

[00:07:50]>> Uh yes, Your Honor.

[00:07:51]>> Did you go over the criminal complaint with your attorney, and in particular the section, it's called the probable cause section, where it basically says what happened and why you were charged with the crimes?

[00:08:02]>> Uh yes, Your Honor.

[00:08:03]>> For the most part, are those facts accurate?

[00:08:07]>> Uh yes, Your Honor.

[00:08:08]>> Are you pleading guilty to an OWI fourth offense because you are guilty of that offense?

[00:08:14]>> Yes, Your Honor.

[00:08:15]>> Um Mr. White, may the court use the um probable cause section of the criminal complaint with the statement made by your client to find a factual basis?

[00:08:26]>> Yes, you may, Your Honor.

[00:08:27]>> Has anyone made any threats or any promises to you for you to plead guilty to the charge?

[00:08:33]>> No, Your Honor.

[00:08:34]>> You're doing so freely and intelligently. That means you are telling the court you fully understand what you're doing?

[00:08:40]>> Yes, Your Honor.

[00:08:41]>> And voluntarily?

[00:08:42]>> Yes, Your Honor.

[00:08:43]>> Has your attorney represented you competently?

[00:08:46]>> Yes, Your Honor.

[00:08:46]>> Has he answered all of your questions?

[00:08:48]>> Uh yes, Your Honor.

[00:08:49]>> Has he looked at this matter thoroughly?

[00:08:52]>> Yes, Your Honor.

[00:08:52]>> Has he looked at the discovery, which is the evidence and information in this case, and discussed it with you?

[00:08:58]>> Uh yes, Your Honor.

[00:08:59]>> Has he discussed with you a a potential for any legal defenses or a lack of defenses in this case?

[00:09:05]>> Uh no, Your Honor.

[00:09:07]>> All right.

[00:09:08]>> I'm sorry, what was the question?

[00:09:09]>> Has he discussed with you any defenses that you may have? If this goes to trial, we can say this as a defense.

[00:09:15]>> Uh yes.

[00:09:16]>> And has he discussed with you a potential for no defenses?

[00:09:19]>> Uh yes, Your Honor.

[00:09:20]>> Um Are you satisfied with the services?

[00:09:24]>> Yes, Your Honor.

[00:09:25]>> Any questions for the court or for your attorney before I proceed?

[00:09:30]>> Um no, Your Honor.

[00:09:32]>> Has anyone made any I mean, did I ask any threats or promises to you for you to plead guilty?

[00:09:37]>> No, your honor.

[00:09:38]>> Are you doing so freely, intelligently, and voluntarily with a full understanding of what you're doing here today?

[00:09:43]>> Yes, your honor.

[00:09:47]>> So, no questions for the court or for your attorney?

[00:09:50]>> Um I did have one question.

[00:09:54]>> So, um I'm having [clears throat] um a baby in September and I was wondering if it would be possible to be at the hospital >> Okay.

[00:10:05]>> during my um monitoring.

[00:10:09]>> What you will need to do at that time is just you'll be talking with Miss Anderson >> Okay.

[00:10:15]>> um and or Mr. Hatch about >> that and then you you'll just write a letter to the court and you'll let me know when it comes closer to that time.

[00:10:25]>> Okay.

[00:10:25]>> Okay?

[00:10:25]>> Okay.

[00:10:26]>> Um and that's something that the court would strongly consider um allowing you to do cuz it's the birth of a child. Um but we'll see what what from now to then, okay?

[00:10:38]>> Okay. All right.

[00:10:39]>> Any other questions?

[00:10:41]>> Uh no, your honor.

[00:10:42]>> All right. Then as to OWI fourth offense count one, how do you wish to plead?

[00:10:47]>> Guilty.

[00:10:48]>> The court will find your plea of guilt is then knowingly, intelligently, and voluntarily. I'll find that you understand your constitutional rights and what it means to waive and give up your rights. I'm going to find a factual basis to accept your plea of guilt.

[00:11:00]Based on that, I will find you guilty of count one OWI fourth. Count two will be dismissed and merged in with count one.

[00:11:07]A judgment of conviction will be entered today.

[00:11:10]Um before we get to arguments, Mr. Hazeltine, did your attorney go over with you um that you can convert the 250 community service hours to extra jail days or tuber or um monitor days?

[00:11:25]>> Uh yes, your honor.

[00:11:26]>> Okay, so you've considered that and you would be able to let me know um a possibility of what you wish to do.

[00:11:31]>> Um yes, Your Honor.

[00:11:33]>> Okay. Mr. Schmidt, argument and sentencing recommendation, please.

[00:11:37]>> Thank you.

[00:11:38]Um, I think this person has earned the uh IDIP guidelines in addition to completing the program, which was confirmed by Tessa Anderson.

[00:11:48]Um, he uh his prior OWIs were very long ago.

[00:11:51]They were '08, '09, and '11, meaning he's already shown a very long period before it happening again, which I think cuts in his favor.

[00:12:00]Uh, so I'd ask the court to follow the recommendation. Thank you.

[00:12:03]>> All right, Mr. White.

[00:12:06]>> Your Honor, uh I'd ask you to follow our recommendation here as the prosecutor stated, um, and uh we can see with the uh IDIP completion form uh that Ms. Anderson filed in this case. Um, Mr. Hazeltine has completed uh the monthly appointments, random drug tests, the AODA assessment, victim impact panel, and community service. Uh, at least what he was required to do ahead of time. Um, he's he's been following the rules. He's been on bond for quite some time now. No new issues. Um, and for protection of the uh public and severity of the charge, I think that all uh goes towards uh this uh IDIP recommendation.

[00:12:51]Uh, just for his uh character and rehabilitative needs, uh my client uh is I think moving towards a lot more uh serious uh uh position in his life. Um, he's having a child, um, that's due in the fall. Um, he's also uh informed me that uh he's he's been promoted at work uh to I believe a management position. That just implies uh some trust and responsibility on his part. I see uh two people here. I did not speak with them, but I I believe that his parents are here uh in support.

[00:13:25]Uh, it shows just that he uh uh he does have some help. And I think that um upon release from the uh uh jail and monitor program um hoping that uh won't see him again in court. Thank you, Judge.

[00:13:39]>> Thank you. Mr. Haseltine, anything you want to add, you want to tell me?

[00:13:44]>> Um no, Your Honor.

[00:13:46]>> Okay.

[00:13:47]Um OWIs are serious and OWI fourth is extremely serious.

[00:13:54]Um as you can tell, not only has the legislature increased it from uh a misdemeanor up to a felony now in the last few years. Um >> [clears throat] >> but they have also included a lifetime restriction from driving, lifetime revocation from driving um except for in 10 years if you do this, that, and the other and the Department of Motor Vehicles believes that you qualify or they think that you're good enough, they would give you an occupational license at that time, but you can't ask before 10 years.

[00:14:30]It's serious, you put your life at risk, you put other people's lives at risk, and definitely not uh safe to do.

[00:14:39]It sounds like you are getting your life in place and on the right track. It sounds like you're doing well in your job and you're improving there and you're going to be a father and there's all kinds of positive things in your future. Hopefully, that's going to be enough to keep you on the straight and narrow.

[00:15:00]I think that the agreement is appropriate, so the court will follow the agreement. $3,175 in fines and fees.

[00:15:10]165 days of jail, 250 hours of community service. Before I get to the rest, have you considered, do you wish to do the community service or have it converted to additional jail days.

[00:15:24]>> Um, I would have it converted.

[00:15:28]>> You would like to do that?

[00:15:30]>> Uh, yes, your honor. I um I work really um 45-hour weeks and I >> Makes sense.

[00:15:42]>> an hour away, so there's not a whole lot of extra time.

[00:15:46]>> That's why I give the option.

[00:15:47]>> Yeah, thank you.

[00:15:48]>> be a total of 197 days of jail without having the um community service requirement, lifetime revocation of your driver's license.

[00:16:01]And this is where I'm unsure, Mr. White, if I'm supposed to order the AODA assessment and the driver safety plan.

[00:16:09]>> So, this is I think what Attorney White was hinting at. The court isn't actually an entity authorized to revoke a license for life. The court The court is only allowed to revoke his license between 2 and 3 years. It's that once DOT receives record of this revocation, DOT has the authority to revoke for life.

[00:16:27]>> Um Okay.

[00:16:28]>> I'd give you the statutory citations for that that's needed.

[00:16:31]>> Well, that's fine. I don't know what I'm supposed to do or what I'm not supposed to do because it They don't give us >> We're asking for a 3-year license revocation, which is the maximum of what a court can do under 343.30 sub 1Q sub B sub 4.

[00:16:50]And then the court, you know, can warn people that as a collateral consequence, DOT will revoke their license for life under 343.31 sub 1M sub B.

[00:17:04]>> All right, so 3 years revocation of driver's license, 3 years ignition interlock device, um OWI assessment and driver safety plan.

[00:17:18]Then I have to then that means I have to order it and I and then you have to do it and it could be a violation if you don't.

[00:17:25]Take it up with the legislature.

[00:17:27]>> [sighs and gasps] >> Um You do have $3,500 cash uh for your bail bond. So, plus there's a $10 blood draw fee, so I have to do that.

[00:17:42]So, you should be all paid Oh, no, you shouldn't be. The remaining amount of money can be transferred um to the electronic monitor program to help pay because you have to pay at least 30 days in advance. I'm going to tell you you can't pay pay late. It has to be paid on time.

[00:18:03]Um otherwise, you do have to go sit the time in jail. It has to be 30 days in advance.

[00:18:08]Or you can pay it off all in full at that time.

[00:18:14]When you're on the monitor, you may not have any Don't be around any rubbing alcohol. Don't be around Don't have your monitor around the around gasoline or anything that could set it off um that it has been or is near alcohol um because it it will do 24/7 testing of your sweat on your skin.

[00:18:36]I've not been shown proven or disproven that if it's around rubbing alcohol or things like that or touches it that it sets it off.

[00:18:44]If it does set it off uh and indicate that there has been alcohol or that there has been a detection of alcohol, you will be told imme- that you must immediately uh go to the jail and you are automatically you're going to be revoked from the monitor. No good time, no Huber. Very important that you do those things. I would not eat anything that is made with alcohol, such as chicken marsala that uses red wine and those kinds of things that could still set off the monitor.

[00:19:16]So, be very careful, okay? And probably don't use mouthwash that it cuz some is made with alcohol, okay? Rubbing whatever alcohol that is.

[00:19:25]Um because that could set it off. I don't know if it will for sure.

[00:19:30]I have not tested it, but I just want to make sure that you know to avoid those things for this amount of time because I don't you don't get a due process hearing and there's no kind of hearing that you get to say to the judge, I didn't do it. I promise. It wasn't me.

[00:19:46]It was something else, okay?

[00:19:48]>> Okay.

[00:19:48]>> Um you have 20 days to appeal. Should you fail to appeal within 20 days, you do lose that right.

[00:19:54]Um the rest of the money will be transferred to either Tessa Anderson or Dave Hatch for um helping pay off the monitor.

[00:20:11]I need to order your DNA. You need to provide that to the jail. You're going to go get booked in today and you're going to provide your DNA.

[00:20:21]You have the right to request it be expunged through a written letter to the Department of Justice.

[00:20:27]So, go ahead and do that.

[00:20:29]Um and then follow all the rules and procedures for the monitor. You can have Huber release, go to work. You can go to doctor's appointments. You can go to AA.

[00:20:39]Um but if there's anything else um that you need to do or or that comes up like a funeral, you can't go unless you ask for the court's permission. And I don't always grant it for for things. Um so, it's better to make sure and hopefully have your life planned out already.

[00:20:58]Um I think that covers everything, Mr. Smith.

[00:21:03]>> Nothing for me.

[00:21:04]>> Okay, Mr. Wyatt.

[00:21:05]>> [clears throat] >> Uh as long as the sentence credit was noted, I think that was everything.

[00:21:09]>> Uh, 5 days, yep, 5 days sentence credit.

[00:21:13]>> Okay.

[00:21:13]>> Thank you, then we are adjourned.

[00:21:17]Why didn't you bring that up like 4 years ago when they changed and I have to say the things, Mr. Schmidt? It's been 4 years.

[00:21:23]>> I mean, you should say it just like you should say like immigration consequences, but you don't order people deported.

[00:21:28]>> Lifetime lifetime revocation?

[00:21:31]>> Yeah.

[00:21:32]>> I always say it. I know it'll be here for 5. No one's ever said anything different.

[00:21:35]>> Oh, I just didn't notice.

[00:21:41]>> We're told to say it.

[00:21:43]>> I mean, you should say it. It's an important collateral consequence. I bet a person could withdraw a plea if they didn't know it.

[00:21:49]>> All righty.

[00:21:57]>> [clears throat] >> Interesting.

[00:22:16]All righty.

[00:22:18]Mr. Beachler, you can come on up.

[00:22:22]Oh my gosh, my voice is not going to handle this.

[00:22:27]>> [clears throat] >> We will go on the record in the matter 25 CF 158 State of Wisconsin versus Luke Beachler.

[00:22:59]The state appears through District Attorney Steven Schmidt in person. Mr. Beachler appears in person with counsel Joel Felisky.

[00:23:06]We're set today in this matter for a plea and sentencing.

[00:23:10]Um Mr. Felisky, can you please recite the agreement for the record?

[00:23:14]>> Could we just wait 5 minutes cuz I think the victim will probably come.

[00:23:19]>> Okay, then I guess we'll wait 5 minutes.

[00:23:22]>> Sorry.

[00:26:54]>> Mhm.

[00:28:49]>> Mhm.

[00:30:44]>> Mhm.

[00:32:39]>> Mhm.

[00:32:41]>> All right, we'll recall case >> 25 CF 158 State of Wisconsin versus Luke Beachler. The state appears through District Attorney Kevin Schmidt in person. Mr. Beachler appears in person with his counsel Joel Felisky.

[00:32:56]>> We do not have any victims apparently wanting to appear today. Correct, Ms. Bauer?

[00:33:03]>> I don't see any.

[00:33:04]>> But you're in victim's rights compliance?

[00:33:06]>> Yes, your honor.

[00:33:07]>> All right.

[00:33:09]So, the parties have reached an agreement. Mr. Felisky, can you please recite it for the record?

[00:33:14]>> Yes, your honor. The parties have reached an agreement here for Mr. Beachler to plead to count one in 25 CF 158 as amended to a misdemeanor OWI second with count two being dismissed by operation of law. The parties will be making a joint recommendation for sentencing under the aggravated guidelines. My understanding of that being uh $1,711.50 in fines and fees, a 45-day jail sentence, a 17-month revocation of license, a requirement for an ignition interlock device to be installed in any uh vehicle operated by Mr. Beachler along with a 45-day occupational wait period.

[00:33:55]I've reviewed and completed a plea questionnaire detailing this with Mr. Beachler, your honor. May I approach?

[00:34:01]>> You may.

[00:34:05]How many days jail did you say?

[00:34:06]>> 45 days.

[00:34:12]It's [clears throat] aggravated guidelines.

[00:34:14]>> I know, but I have a I have blood alcohol content of.16, not.2022 or.249.

[00:34:23]And if we do.16, it's 40 days jail, 16 months revocation.

[00:34:32]>> Yeah.

[00:34:43]>> 10th District Judicial District guidelines for an OWI second.16 or or over.15 aggravated.

[00:34:56]>> I must have just misaligned the the lines when I did it. It's one higher, so it should be a 40 instead of 45 days and 16 month Oh, I'm sorry. Wrong category.

[00:35:09]Yeah, 40 instead of 45 and 16 instead of 17 for the revocation.

[00:35:14]>> Sounds like a better deal for you, Mr. Beachler.

[00:35:18]All right.

[00:35:21]>> [clears throat] >> That's the agreement you've reached, Mr. Beachler?

[00:35:24]>> Yes.

[00:35:24]>> May you please turn the uh microphone down.

[00:35:27]Thank you.

[00:35:29]Pleading guilty to an amended count of an OWI operating while intoxicated second offense.

[00:35:36]Is that correct?

[00:35:37]>> Yes.

[00:35:38]>> Um formal motion to amend the OWI causing injury second uh and subsequent to a straight OWI second.

[00:35:46]>> So made.

[00:35:47]>> Granted.

[00:35:49]You're 37 years old. You have 11 years of schooling. You do not have a high school diploma or equivalent, but you can read, write, and you understand the English language, correct?

[00:35:59]>> Yes.

[00:35:59]>> Did your attorney go over this document with you?

[00:36:02]>> Yes.

[00:36:02]>> Did he go over it thoroughly with you?

[00:36:04]>> Yes.

[00:36:05]>> Essentially word for word?

[00:36:07]>> Yes.

[00:36:08]>> Did you understand everything completely?

[00:36:10]>> Yes.

[00:36:11]>> If there was something you did not understand, did you ask him to explain it to you until you did so?

[00:36:17]>> Yeah.

[00:36:17]>> Is that your signature on the second page?

[00:36:19]>> Yes.

[00:36:20]>> You are pleading guilty to that OWI fourth count. Um did Did attorney go over with you what the state would have to prove to prove your guilt beyond a reasonable doubt?

[00:36:30]>> Yes.

[00:36:31]>> Did your attorney go over with you the maximum possible penalties you face?

[00:36:35]>> Yes.

[00:36:36]>> Because you're charged with crimes, you are entitled to constitutional rights.

[00:36:42]Each of those rights is listed on that first page of the plea questionnaire.

[00:36:46]Did your attorney go over those rights with you?

[00:36:48]>> Yes.

[00:36:49]>> And he went over them thoroughly with you?

[00:36:51]>> Yes.

[00:36:52]>> Do you understand them completely?

[00:36:53]>> Yes.

[00:36:54]>> Do you need me to go over those rights with you in any more detail?

[00:36:57]>> No.

[00:36:58]>> Do you understand that um you're giving up those rights by pleading guilty?

[00:37:05]>> Yes.

[00:37:06]>> No mental illnesses or disorders, no alcohol, drugs, or medications in the last 24 hours?

[00:37:11]>> No.

[00:37:12]>> Beca- um do you understand that if you're not a citizen of the United States, your plea could result in your deportation?

[00:37:19]>> Yes.

[00:37:20]>> Do you understand that the state would have to prove on or around November 2nd, 2025, that you operated a motor vehicle while under the influence of an intoxicant on a roadway or a highway of this county and state. Do you understand what the state would have to prove?

[00:37:40]>> Yes.

[00:37:41]>> Do you understand um that this would be your second countable offense?

[00:37:47]>> Yes.

[00:37:47]>> Do you understand the minimum and maximum possible penalties? The minimum could be um minimum of 5 days of jail, but no more than six or 5 days of jail is the minimum, 6 months of jail is the maximum possible penalty.

[00:38:03]Um do you understand that?

[00:38:05]>> Yes.

[00:38:06]>> Or a fine not less than $250, but no more than $1,000. Do you understand that?

[00:38:11]>> Yes.

[00:38:13]>> Do you understand that the court is not bound to follow the recommendation that's been provided um through argument or recommendation from the parties. Do you understand I'm free to sentence you to what I believe is appropriate and that could be up to the maximum possible penalty.

[00:38:29]>> Yes.

[00:38:29]>> Do you still wish to proceed and enter a guilty plea?

[00:38:32]>> Yes.

[00:38:33]>> Did you go over the criminal complaint with your attorney and in particular I'm going to say that probable cause section where it basically says what happened and why you were charged with the crimes?

[00:38:44]>> Yeah.

[00:38:45]>> For the most part are those facts accurate?

[00:38:47]>> Yes.

[00:38:49]>> Are you pleading guilty today because you are in fact guilty of that offense?

[00:38:53]>> Yes.

[00:38:53]>> Mr. Felisky, may the court use the probable cause section of the criminal complaint to find a factual basis with the statement made by Mr. Beachler.

[00:39:01]>> So stipulated.

[00:39:02]>> Has anybody made any threats or any promises to you for you to plead guilty today?

[00:39:07]>> No.

[00:39:07]>> You're doing so freely and intelligently telling the court you fully understand what you're doing?

[00:39:12]>> Yes.

[00:39:13]>> And voluntarily?

[00:39:14]>> Yes.

[00:39:14]>> Has your attorney represented you competently?

[00:39:17]>> Yes.

[00:39:17]>> Has he answered all of your questions?

[00:39:19]>> Yes.

[00:39:20]>> Has he looked at this matter thoroughly?

[00:39:22]>> Yes.

[00:39:22]>> Are you satisfied with his services?

[00:39:23]>> I am.

[00:39:24]>> Do you have any questions for the court or for your attorney before I proceed?

[00:39:28]>> No, I do not.

[00:39:29]>> As to count one OWI second straight offense, how do you wish to plead?

[00:39:36]>> Guilty.

[00:39:37]>> The court will find your plea of guilt is done knowingly, intelligently and voluntarily. I'm going to find that you understand your constitutional rights and what it means to waive and give up those rights. I'll find a factual basis to accept your plea of guilt based on that. I will find you guilty of count one. Count two will be merged in and dismissed.

[00:39:55]Um A judgment of conviction will be entered today.

[00:39:59]Is there I forget if there's restitution and there may be that was settled with the insurance.

[00:40:04]>> There's no restitution request. The vic- We checked with the victim. They did not want there to be a restitution request because in consultation with their attorney they thought it might negatively affect how they get that somehow.

[00:40:16]>> All right. I think I I recall that's what you said at the last hearing. Okay.

[00:40:20]So, Mr. Schmidt, argument and sentencing recommendation.

[00:40:24]>> Um, I'd ask the court to follow this recommendation. The defendant his only prior history is his other OWI from 2021 in Mesa, Arizona.

[00:40:34]Uh, this is a case where the victim, uh, his worst injuries were caused by being dragged under the defendant's car.

[00:40:42]Uh, according to the victim, he doesn't remember much. He just remembers that he, uh, was had to be removed from underneath the car with the assistance of first aid responders and had pretty horrific injuries. That's kind of detailed in the, uh, victim impact statement.

[00:41:00]The, uh, defendant, uh, his account was something like he doesn't know how the victim got under there. He just did somehow. There was a witness at the bar where the victim was struck by the side of the road. He said that there was a second vehicle that first struck the victim and then the victim got thrown underneath the vehicle of Mr. Beechler.

[00:41:21]Mr. Beechler did stop his car and get aid immediately. He also, while he was in custody, uh, everything law enforcement went to him for like getting consent and looking at like phones, vehicle, etc. to try to find evidence of the second vehicle or locate who it was.

[00:41:39]Uh, he was aiding in that. We never did find the second vehicle.

[00:41:44]Um, it's hard to say how much of this is Mr. Beechler's fault and how much of this is the first vehicle's fault. Mr. Beechler did do a good thing in when he did collide with someone to call the police and get that person help.

[00:42:01]Uh, on the other hand, Mr. Beechler was intoxicated and he shouldn't have been behind a motor vehicle and somebody did get harmed.

[00:42:08]Is it possible that even with those circumstances that this victim wouldn't have been harmed if Mr. Beecher was intoxicated.

[00:42:16]There are just things we'll never know in this case. For that reason, I think the aggravated guidelines are appropriate and I'd ask the court to follow them. Thank you.

[00:42:23]>> All right, thank you. Um Mr. Fliskey?

[00:42:26]>> Thank you, Your Honor. I will first note the applicable credit here. Uh Mr. Beecher appears to have 32 days of credit. He was brought into custody on this offense on November 2nd, 2025 and was able to post cash and was released on December 3rd of that same year.

[00:42:48]>> He's already set the time.

[00:42:52]It's good time.

[00:42:56]Sorry, I didn't mean to >> Oh, I No, I'm just reflecting on what I'd like to say and I think I'll start out by saying that um I grew up with alcoholism in my home.

[00:43:13]And I think that the thing people miss about alcohol in that regard is that it isn't just the physical harm, the mental unwellness, the behavioral changes that really impacts people. They do play a role.

[00:43:35]But when I was thinking about this case, the thing I was struck by was that when it comes to alcohol and alcoholism, for the individual that's suffering from that, it's a question of misery.

[00:43:56]It's someone who takes all the gifts that their parents give them, all the love and care their friends and family and community can provide them and they drown it.

[00:44:11]They drown it in alcohol.

[00:44:13]They let misery win.

[00:44:16]And in my life it kept winning and winning.

[00:44:22]And one day that person made a decision not to make not to let it win anymore.

[00:44:29]And by that time for some things it was too late.

[00:44:34]But that was what made the difference.

[00:44:38]And sitting here today and speaking with Mr. Beachler and having spoken with him with this case as it's proceeded I know that he has made the decision not to let misery win.

[00:44:51]He made that decision as the state noted perhaps from the get-go. He took accountability immediately. He got out of his car. He called law enforcement knowing that they were going to be there that he would likely be going into custody that things would get very difficult for him.

[00:45:10]He made the decision to not let misery win when accepting responsibility here, when taking this offer from the state, when accepting up until as the court noted the aggravating factors additional time in custody.

[00:45:26]Taking accountability for having committed an OWI, taking accountability and responsibility for committing that sort of action by having his license revoked by requiring an IID in his vehicle.

[00:45:40]He's taken accountability and responsibility here and has not let misery win by dwelling on this, by thinking on it and reflecting it.

[00:45:52]One of the most notable things I found about Mr. Beachler has been the degree of devastation and regret and contrition that he has shown stemming from this incident. It has truly devastated him.

[00:46:12]And in some ways, I think that's healthy.

[00:46:14]I think a terrible thing happened that night.

[00:46:19]And while Mr. Beachler perhaps was not the cause of all that happened, he is here and is ready and is willing to admit his part in what happened.

[00:46:39]In the time since this has happened, he has continued to not let misery win by working on getting his HSAD in the jail.

[00:46:45]I believe he's waiting for some paperwork to finalize and finish that process.

[00:46:50]He's been working on getting custody back from his son for his son, excuse me, um and following uh the proceedings here today, following the resolution of this case, he does plan to return back to Arizona um to continue seeking that custody.

[00:47:06]>> [snorts and laughter] >> I think looking at the Gallion factors here, Your Honor, this agreement is appropriate. It protects the community.

[00:47:13]The community has been and will continue to be protected um by these deterrents, by these requirements that Mr. Beachler will be required to follow through on.

[00:47:22]Um I think it's appropriate given the nature and gravity of what happened here.

[00:47:28]And I think looking at his character, perhaps most importantly, Your Honor, I I believe this experience has truly changed him.

[00:47:35]It's It's regrettable that this is what it took, but it has changed him and in some ways it's changed him for the better. He's been able to refocus on what truly matters, which is his family.

[00:47:44]He's kept himself busy and occupied through employment at uh two different jobs. He is been working on his hobbies, finding better ways to express himself and to work through stress without drinking alcohol and getting behind the wheel of a vehicle.

[00:48:01]>> [snorts] >> And And perhaps the other thing that has really struck me about Mr. Beachler is his focus on the victim.

[00:48:23]Every opportunity that it has come up, every time it has been mentioned in our conversations, he's expressed nothing but regret and shame for what happened.

[00:48:35]In fact, several of the first times that we met and spoke together, he started out by asking, "Is he okay?

[00:48:44]How is he doing?"

[00:48:46]I think that says quite a lot about his character. I think that says a lot about how he has thought about this process and what happened overall, and I think that it is very indicative that this is not going to happen again.

[00:49:03]Overall, I think under the Gallion factors here, I I do think that this agreement is appropriate, and I would ask the court to follow it. Thank you.

[00:49:10]>> Thank you. Mr. Beachler, is there anything you want to add or you want to say to the court?

[00:49:16]>> [clears throat] >> Um excuse me. Um I know that Jackson and his family aren't here, but I wanted to take accountability for the decisions that I made and tell them that I'm deeply sorry for the pain and trauma that I've caused them.

[00:49:39]And that I'm going to do everything that I can to make sure this mistake doesn't happen again.

[00:49:45]Thank you.

[00:49:47]>> [snorts] >> All That was very a very profound and touching argument, Mr. Fliskey.

[00:50:02]>> Thank you, Your Honor.

[00:50:07]>> Operating while intoxicated cases are very serious and in this case you can see why.

[00:50:14]Mr. Beachler, this was a case where you were over the legal limit, twice [clears throat] over the legal limit.

[00:50:21]You were operating a motor vehicle, not just operating, you were driving on a road or highway of this state and county, and you hit a human, and the human was seriously injured.

[00:50:34]>> [snorts and clears throat] >> On the other side, you were the second car to hit that human.

[00:50:45]Had the first car not hit Jackson, perhaps you would not have hit [snorts] Jackson, either.

[00:50:54]There's no way to tell.

[00:50:57]If we could go back in time and we can change some things, I know [clears throat] we would, but there's as Mr. Schmidt stated, there's no way to determine the percentage of your fault in Jackson's injuries or the phantom car, >> [snorts] >> who was never caught, their fault in Jackson's injuries.

[00:51:18]But everybody does agree there was another vehicle.

[00:51:22]They just weren't able to determine who it was that was driving that vehicle or the vehicle itself.

[00:51:29]But you're standing up and you're taking responsibility and you're being accountable for your actions, which is a positive thing.

[00:51:37]Not easy to plead guilty to a crime, and it's definitely not easy to plead guilty to an operated while intoxicated offense, because in the state of Wisconsin once you get your fourth lifetime revocation of your driver's license.

[00:51:55]That's a big deal. When you live up here, you live where we do in Wisconsin, you need a driver's license. It's very difficult to be dependent upon another person or other persons to be able to get you anywhere you need to go.

[00:52:12]It's nobody >> [sighs and gasps] >> says otherwise that this is a serious offense.

[00:52:18]Hopefully you're doing better and you understand uh things better and you're going to do things differently the [clears throat] next time.

[00:52:29]At this point you don't seem a risk to the community.

[00:52:33]I don't have any bail jump violations.

[00:52:35]This goes back to November 2nd of 2025.

[00:52:39]I have no indication that you were breaking the law or doing some things and not understanding the seriousness of of your conduct that day.

[00:52:51]>> [snorts] >> It's a positive thing and it's a good thing that I heard you say my mistake, the mistake instead of the accident or it was an accident. It was not an accident. Did you intentionally mean to hit Jackson? No, but you intentionally got into a vehicle while under the influence of an intoxicant, of alcohol. That was intentional. You knew what you were doing there.

[00:53:19]It had serious ramifications, more serious than any some normal run-of-the-mill OWI.

[00:53:29]But it wasn't an accident that you operated while intoxicated.

[00:53:38]I believe that you've shown the court that you've been doing a lot to improve yourself, to educate yourself, to have some personal reflection, and to take accountability. So, the court will follow the recommendation of the parties um at the above 0.15 um blood alcohol and aggravated driving.

[00:54:02]$1,680 in fines and fees with a $10 blood draw fee, 40 days of jail, 16 months of revocation of your driver's license, 16 months of ignition interlock device installed in your vehicle. I will order the OWI AODA assessment and all of the follow through. I will also give you credit for any administrative suspension that you may have already received.

[00:54:30]You have 32 days of jail credit, and you sat that all up front, and you got a huge penalty um in the beginning when you were arrested. You had plenty of time to think about your actions and the consequences of your actions while you were incarcerated. With good time, you have you should not have you do not have any other time to set.

[00:54:55]We do have significant cash posted for you. Um the fines, fees, all of that will be taken out of the cash bail. The remaining will be returned to whoever whoever posted it.

[00:55:06]You have 20 days to appeal. Should you fail to appeal within 20 days, you do lose that right.

[00:55:12]I am going to order that you provide your DNA. So, you're going to need to go to the jail when we're done here today to ensure that they have your DNA. Um you have the right to request it be expunged from the system through written letter to the Wisconsin Department of Justice, not to this court, to the Wisconsin Department of Justice. It's easy to do. You can Google it or ask Mr. Fliskey. He can help you if that's what you want to do.

[00:55:38]I believe that covers everything, Mr. Schmidt.

[00:55:42]What am I missing?

[00:55:43]>> Nothing from me.

[00:55:44]>> Mr. Listing?

[00:55:45]>> Nothing further.

[00:55:45]>> All right. Thank you. Then we are adjourned.

[00:55:48]Do you need to come up here and get a form to go to the jail?

[00:55:59]>> Hey, Your Honor. I'm going to go grab Mr. Java. I have him at the office. Um I had to meet with him anyway today. Give me just 1 second and I'll be right back.

[00:56:08]>> No problem. Thank you.

[00:56:09]>> Yep.

[00:56:32]>> We will We will figure that out.

[00:56:35]Give me 1 second.

[00:56:38]Okay.

[00:56:41]There we go.

[00:56:44]>> All right. Is he with you now?

[00:56:47]>> Yes. Do you want me to just have him pop back so you can see him quick?

[00:56:54]>> Yeah. Yes. Works closer to you so I can see both of you.

[00:56:58]>> Okay.

[00:56:59]Yeah. Yeah, you can pull it up right there. It's totally fine.

[00:57:02]>> Just going to minimize everything else.

[00:57:06]>> There we go.

[00:57:07]>> All right. We will go on the record in the matter 24 CT30, State of Wisconsin versus Ethan Java. The state appears through Well, we don't have the state Well, we do through um probation agent um What's your full name?

[00:57:23]>> Um Abby, A B B I E.

[00:57:25]Last name Aasen, A A S E N.

[00:57:29]>> Thank you so much. This is the first time I've uh interacted with you, Ms. Austen, so thank you very much. And thank you for spelling it for the record for my court reporter.

[00:57:40]We're here today for a probation review hearing at the request of Ms. Austen. Uh Mr. Java appears in the same office by video conferencing with uh his agent, Austen.

[00:57:51]Ms. Austen, you requested this probation review hearing um and I'm going to be honest, I don't know why because I don't have a letter in my file. I I I don't know why it was requested.

[00:58:01]>> Sure, my apologies. Um I moving forward I will send a memo up to Burnett um County. Um I I've haven't really dealt with Burnett in really any other context. Um and normally I don't send memos to my to my court unless I'm requesting something with an order. Um so I just called this probation review hearing. Uh Mr. Java has truthfully been a great client to work with. Um I haven't really had any issues with him.

[00:58:28]He's had no violations in the past year.

[00:58:31]Um the only thing is that he does not have his driver safety assessment and follow through complete. Um I know that he's maintained meaningful employment. He's been able to move out of his brother's into an apartment-style living, which has been more beneficial to him. He's able to split rent, uh stuff like that. Um but with obviously living in a more expensive area um and combined with making payments to the court, which I don't think is a bad thing, uh finances are tight. Our assessments here, just the assessment alone is I think a little over 300.

[00:59:08]>> Long and the short of it, you're going to ask to allow him to discharge without having to do that, correct? Is that where we're going?

[00:59:14]>> No, I was going to ask if he could be extended. I just wasn't sure in what increments um you guys would want him to be extended in, whether that's 6 months or a year. And if the court would allow him to pause on his payments just to get the money to do his assessment.

[00:59:33]>> All right, that makes me feel better, Ms. Austin. Sorry. Um and and that's why I I like memos. I don't know what they do in Pierce County or or uh other counties that you appear in front of. I like a memo so I can be prepared to have an idea of of what's what you're asking for and why you want the hearing. Because quite honestly, I'm like, "Okay, what has Mr. Java done? Has he driven now without his driver's license?" Those things That's all good to hear, Mr. Java. That makes me so proud of you.

[00:59:59]>> Thank you.

[00:59:59]>> Because I want him to get his driver's license.

[01:00:03]I'm going to be quite honest, I was getting sick of seeing his face in my courtroom.

[01:00:07]>> Fair enough.

[01:00:08]>> a funny way. Yes, because he would come here and then he would leave. He'd post bail and then he'd go and he'd drive again and he'd back be back here and he'd post bail and he'd do the same thing. I want him to get his driver's license.

[01:00:22]And I know he wants to do that as well.

[01:00:25]So, I am comfortable um I don't care if we extend for a year, we extend for 6 months.

[01:00:33]And my thought is is as soon as he gets his driver's license, I'm okay with him discharging immediately. I want him to get his driver's license.

[01:00:42]>> Okay.

[01:00:43]>> So, if we you want to just extend for 6 months and see if he can do it within 6 months, that's great. You want to extend for a year and have in there that the court uh stated that I'm only extending it to as long as he until he gets his driver's license, I'm cool with that, too. I want him to get his driver's license. I am also prepared to um give him I'll give him a few months of stay of payments for his fines and fees.

[01:01:14]Because to me, that's worth it for him to be able to pay for his OWI AODA assessment and do all of that follow through and to pay to reinstate his license, and the ignition interlock device, and all of those things.

[01:01:28]Um so I will give him a stay until September. First payment back will be September.

[01:01:36]>> Okay.

[01:01:37]>> And if we need longer, if you need any longer, um Ms. uh Austin, I don't need to have a probation review hearing to be able to do that. All I need is a memo that said that lets me know he's been doing what he needs to do. He's been able to save some money.

[01:01:52]He just isn't yet able to get his license. Can he have a stay for a couple more months? Something along that lines, and then I can just stamp it and go, "Yep, I agree." Um I don't see why I wouldn't agree, but if I didn't agree, I'd just say, "Nope, denied." for whatever reason I find to deny.

[01:02:09]But I'm all with you, Ms. Austin, and I'm all with Mr. Java.

[01:02:14]I want him to get his license as quickly as he practically can.

[01:02:18]>> Perfect. Um I will submit the 37A, and I'll put on there with acquisition of driver's license, cuz I mean, realistically, the assessment and the follow-through are going to have to be done anyway for him to get his license.

[01:02:29]Um so yeah, I'm I'll prepare that order.

[01:02:32]Um is there anything else that you would need from me for the court?

[01:02:37]>> I don't think so. Is he paying You're paying Mr. Java, you're paying the court fines and fees and payments here, or you're just paying DOC?

[01:02:47]>> I believe I'm sending them to Burnett County.

[01:02:50]>> Yes.

[01:02:51]>> That's collection, so that's where >> Well, my clerk is saying that we're seeing that you're in our state debt collection. So are you making payments every month?

[01:03:01]>> Um I have I haven't missed or I missed last month, but um if I'm in the debt collections thing, that would explain it. Is that like wage garnishment or >> It could be, and I'm not in control of that. What I would need to do then is talk to my my court clerk, my head clerk and see if we can pull it back from state debt because it sounds like you already have an agreement and you worked things out with state debt collection and if you're making payments and you missed one, you're paying the state debt collection, not to the court. And so what I can do is I can double check on that and if we can pull you back, I'll pull you back and then I can stay you until September and we can go from there.

[01:03:47]>> Okay.

[01:03:50]>> But then I'm going to tell you I'm not going to let you go to state debt anymore because then I'm going to have my own financial review hearings and I'm going to make sure that that it gets paid because that is part of the um punishment quite honestly for the crimes that you committed. Um but I'm willing to work with you right now for sure.

[01:04:11]>> Perfect.

[01:04:12]>> Okay?

[01:04:13]>> Yep, that sounds good.

[01:04:14]>> All right, thank you.

[01:04:16]>> Perfect. Thank you, Your Honor.

[01:04:18]>> We're adjourned.

[01:12:54]>> Mhm.

[01:14:49]>> Mhm.

[01:15:39]>> Mhm.