Two men and two women have been charged in Burnett County Circuit Court with Armed Robbery following an incident on September 11, 2017, in which the four individuals allegedly assaulted a man at Mudhen Lake Landing with a baseball bat and then stole his motorcycle and his cell phone.
Charges of Class C Felony Armed Robbery, Misdemeanor Battery, and Misdemeanor Theft have been filed against the following four individuals:
Jeremy Rader, of Grantsburg, WI
Andrea Arcand, of Grantsburg, WI
Holly Graves, of Siren, WI
Preston Mason, of Siren, WI
All four individuals were also charged as Parties to a Crime.
Party to a Crime: "Prosecutors and defense attorneys alike often encounter factual situations where multiple individuals are alleged to have acted in concert or furtherance of the commission of a crime. When the evidence does not rise to the level of a conspiracy charge, the solution for addressing the “multiple defendants, one crime” situation is the party to a crime charge, or PTAC. In Wisconsin, attorneys are guided by Wis. Stat. 939.05. for party to a crime charges. In Wisconsin, a person can be charged with a crime (concerned with the commission of the crime) if the person: “directly commits the crime” OR “intentionally aids and abets the commission of it” OR “ is a party to a conspiracy with another to commit it or advises, hires, counsels or otherwise procures another to commit it.” Wis. Stat. 939.05(2)(a-c). Often, the situation arises where an individual may have not committed the entire crime, but aided or abetted another in the commission of a crime. While the term “aiding and abetting” can be vague and open to interpretation, attorneys have further definition of the same from the Wisconsin case State v. Hecht, (116 Wis. 2d 605, 342 N.W.2d 721 (1984). In Hecht, the Court held that elements of aiding and abetting are “undertaking conduct that will aid another in the execution of the crime and a conscious desire that the conduct will yield that aid. Thus, the defendant must both aid another and have a conscious desire that the conduct will yield that aid. The upshot of the Court’s definition in Hecht insulates an individual from being convicted of a crime where he or she unknowingly or unintentionally aids an individual in the commission of the crime but did not act with the desire or purpose that the conduct in fact aid in the commission of a crime." - Joseph Schieffer, DrydenWire legal contributor
The criminal complaint(s) state that on September 12, 2017, the victim contacted law enforcement to report that on the evening of September 11 between 6:30 & 7:00 PM, he had gone to Mudhen Lake Landing to look for agates. Shortly after he arrived there, a car pulled up. The victim stated to officers that there were multiple people in the car. The victim went on to state that Andrea Arcand was driving the car, and that Preston Mason, Jeremy Rader and Holly Graves were passengers in the vehicle, along with a fifth, unidentified man.
When Jeremy Rader got out of the vehicle, he allegedly came at the victim, swinging a baseball bat. The victim ran north down the roadway, however, was pushed down from behind and then curled into a fetal position while trying to cover his face as the four individuals allegedly hit and kicked him in the area of his face and ribs.
The victim went on to state that Jeremy Rader grabbed the victim's cell phone, got on the victim's motorcycle and rode away. Andrea Arcand, Holly Graves, and Preston Mason got back in the car they had arrived in and drove away.
Online circuit court records show that Jeremy Rader appeared in Burnett County Circuit Court on September 15, 2017, for a bail bond hearing regarding these charges and was placed on a $500 cash bond which was posted five days later on September 20, 2017. Another criminal complaint was later filed against Rader in Burnett County Circuit Court on October 12, 2017, charging him with 2 counts of Class H Felony Bail Jump, and 1 count of Misdemeanor Resisting or Obstructing an Officer. A previous criminal case against Rader in Burnett County Circuit Court was filed in December 2016, charging him with Class I Felony Substantial Battery and Misdemeanor Battery. The details of these other two cases are not known to DrydenWire.com at this time, however on October 17, 2017, Rader appeared once again for a bail bond hearing and signed an amended $500 cash bond according to online circuit court records. It is not known if Rader remains in custody or if he has posted all cash bond and been released.
Preston Mason, Andrea Arcand, and Holly Graves all appeared in Burnett County Circuit Court on October 25, 2017, regarding their charges of Armed Robbery and were each placed on a signature bond by the Court. The Court ordered them to have no contact with each other, or with Jeremy Rader, or with the victim of the alleged robbery.
Mason faces criminal charges in a second court case filed in June 2016 in Burnett County Circuit Court charging him with 2 counts of Misdemeanor Criminal Damage to Property, Misdemeanor Possession of Marijuana, and Misdemeanor Possession of Drug Paraphernalia. Details of that second court case are not known to DrydenWire.com at this time.
According to online circuit court records, Arcand was charged in March of this year in Burnett County Circuit Court with Manufacturing/Delivering Amphetamine. Details of that case are not known to DrydenWire.com at this time, however, on October 16, 2017, the Court granted a motion in that case by Arcand's defense attorney which will allow Arcand to attend a 6-month treatment program. Arcand is due back in Burnett County Circuit Court regarding her Armed Robbery charges in December 2017.
No additional open court cases for Holly Graves are listed on online circuit court records. It is believed that the fifth man in the vehicle has not yet been identified.
Pursuant to the direction of the Wisconsin Supreme Court, as found in Supreme Court Rule 20:3.6, Trial Publicly, you are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
About Attorney Joseph Schieffer: Joseph has formerly prosecuted cases in Barron & Washington counties in Wisconsin. Currently, he is a solo practitioner in Cumberland, Wisconsin specializing in criminal defense and civil litigation in Barron, Washburn, Rusk, Burnett, Sawyer, and surrounding counties. He can be reached at firstname.lastname@example.org with questions or comments.