Court Sentences Man On Sexual Assault Conviction

WASHBURN COUNTY -- A sentencing hearing was held on February 6, 2019, for a Washburn County man on his sexual assault and drug related convictions.

DrydenWire.com reported in November of 2018 that Brandon Scherz was found guilty of Class G Felony 3rd Degree Sexual Assault, Misdemeanor Possess THC (Marijuana), and Misdemeanor Possess Drug Paraphernalia by a Washburn County Jury.

Charges were filed against Scherz after law enforcement investigated a report that he had sexually assaulted an adult female in August 2016. The criminal complaint filed against Scherz states that he told investigating officers that he did believed he did not have consent to have sexual intercourse with [the victim].

The first time the case was set for trial, the Court granted a motion suppressing the statements made by Scherz. The Wisconsin Court of Appeals reversed that decision and the case was once again set for Jury Trial in November 2018 with a different Judge presiding.

According to online circuit court records, Scherz appeared for a sentencing hearing on February 6, 2019. The Court heard statements from the victim in the case as well as from the victim’s mother.

Washburn County District Attorney Winton also spoke to the Court, requesting that the Court sentence Scherz above and beyond the recommendation of the Pre-Sentence Investigation report. Details of what that report recommended were not listed in the online circuit court records.

After hearing statements from both defense counsel for Scherz and from Scherz, the Court ordered a 5 year sentence on Scherz’ conviction of Class G Felony 3rd Degree Sexual Assault: 2 years of initial confinement in State Prison to be followed by 3 years of extended supervision.

Scherz will be required to register with the Sex Offender Registry and was ordered to undergo sex offender treatment, Cognitive Behavioral Treatment, and an Alcohol and Other Drug Assessment with follow through on any recommendations. The Court also ordered Scherz to have no contact with the victim in this case.

Scherz was also ordered to pay $200 in fines for his misdemeanor convictions of Possession of THC and Possession of Drug Paraphernalia.

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Jury Convicts Washburn County Man of Sexual Assault

DrydenWire.com l Friday, November 30, 2018

WASHBURN COUNTY -- A jury in Washburn County Circuit Court has found Brandon Scherz of Spooner, WI, guilty of Class G Felony 3rd Degree Sexual Assault, Misdemeanor Possession of THC (Marijuana), and Misdemeanor Possession of Drug Paraphernalia.

The charges against Scherz stemmed from a report of a sexual assault that was received by the Washburn County Sheriff’s Office on August 15, 2016.

A criminal complaint was filed against Scherz on August 25, 2016, and according to that criminal complaint, the female assault victim came to the Sheriff’s Office and reported that about a week prior she had been at Scherz’s residence. The victim told deputies that while she was at the residence, Scherz sexually assaulted her without her consent.

The victim told deputies that she had gone to see a doctor following the assault and deputies were able to collect clothing to be submitted to the Wisconsin State Crime Lab for testing.

When deputies went to Scherz’s residence, he asked why they were there. When the deputies asked Scherz if he was familiar with an incident that had occurred a week prior involving [the victim], he said that he understood why the deputies were there. Scherz went on to state that he felt very guilty about his actions on that date, and that he believed he did not have consent to have sexual intercourse with [the victim].

While at Scherz’s residence deputies could smell the odor of burnt marijuana and also saw a brass pipe, the kind used for smoking marijuana on the kitchen table. Scherz was subsequently placed under arrest, and at a bail bond hearing on August 16, 2018, he was placed on a $500 signature bond with conditions that he not consume any alcohol or controlled substances and that he be subject to a curfew from 9p to 5a.

Charges of Class C Felony 2nd Degree Sexual Assault/Use of Force; Misdemeanor Possession of THC (Marijuana), and Misdemeanor Possession of Drug Paraphernalia were filed against Scherz.

Online circuit court records show that the case filed against Scherz was previously scheduled for a Jury Trial in early 2017, however, following a motion hearing in March 2017 in which Scherz’s statements to the deputies were suppressed, the case was sent to the Wisconsin Court of Appeals.

A brief that was filed by the Attorney General’s Office in June 2017 argued that the Scherz’s statements should not have been suppressed, and in a Decision that was dated and filed on December 28, 2017, the Court of Appeals reversed the Circuit Court’s decision and remanded the case back to Washburn County Circuit Court for further proceedings.

In April 2018, Scherz’s case was scheduled for a new Jury Trial Date on November 28, 2018.

A Jury was selected on November 28 and the jurors heard testimony from numerous witnesses including testimony from Scherz. The trial continued on for a second day, ending on November 29, 2018.

According to online circuit court records, the Jurors deliberated for nearly 6 hours before returning with a Guilty Verdict on an amended Charge of Class G Felony 3rd Degree Sexual Assault; as well as Guilty Verdicts on the Charges of Misdemeanor Possession of THC (Marijuana) and Misdemeanor Possession of Drug Paraphernalia.

After hearing from both the State and defense counsel, the Court ordered that Scherz’s bail bond be held open and did not remand Scherz into the custody of the Sheriff. The Court ordered Scherz to maintain contact with his attorney and with the Department of Corrections.