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.
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