Waukesha – A hearing on dismissing a burglary charge against one of the two teens suspected of stealing an owl from the Wildlife In Need Center in November was postponed to Jan. 13.
Matthew R. Kuhlemeyer, 18, of N2809 Road Z, and Dilan S. White, 17, of 592 N. Buth Road, both of Dousman, were charged burglary and criminal damage to property for stealing an owl named Dakota Nov. 12.
Attorney Dan Fay, who represents Kuhlemeyer, filed a motion arguing the burglary charge should be dismissed as the bird was taken from a cage and not a structure. In the motion, Fay said state statutes define a burglary as when a person enters a building or dwelling without the consent of the owner and with the intent to steal or commit a felony. Fay argued Dakota was in an outdoor cage.
Prosecutors filed a response Dec. 21 to Fay’s motion stating the outdoor cage is a structure under the definition of case law.
At a hearing this morning Fay said he had just received the state’s motion Tuesday and had not had time to prepare a response. Fay’s motion will be heard Jan. 13.
In addition, White appeared in court and entered a not guilty plea. White’s attorney, Paul Bucher, said he would not be joining in Fay’s motion. White’s next court date will be Feb. 13.
- Hensler's granddaughter dies in tragic beach accident (0)
- Hensler Field dedication highlights Mukwonago football game (0)
- Chocolate Factory to open tomorrow after Wednesday fire (0)
- Alternate routes recommended with Dousman road work (0)
- Trash pick-up adjusted in Wales for Labor Day (0)
- Special bird call donated to Lake Country chimney swift advocate (0)
- Electrical fire shuts down Seester's, Chocolate Factory in Pewaukee (0)
- Oconomowoc road construction update (0)
- Court order issued against library board (0)
- Updated: Attempted robbery at Miller Pharmacy in Mukwonago (0)
- More Lake Country Watch posts
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- All 2012
- All 2011
- All 2010
- All 2009
- All 2008
- All 2007