Loading...
Loading...

Jury Trial Scheduled for Burnett County Sheriff's Deputy Charged with OWI

Jury Trial Scheduled for Burnett County Sheriff's Deputy Charged with OWI

SHAWANO COUNTY, Wis. -- A jury trial has been scheduled for the Burnett County Sheriff's Deputy and Siren Police Officer charged with Criminal Misdemeanor Operating While Intoxicated with a Child under the age of 16 in the vehicle.

Trevor Thiex, a deputy with the Burnett County Sheriff's Office and an officer for the Siren PD, was charged with OWI with a Child under the age of 16 in the vehicle in Shawano County, WI after he was stopped on December 24, 2016, by Shawano County Sheriff's Deputies. A caller reported to the Shawano County Sheriff's Office that a blue van was driving erratically and had almost collided with the caller's vehicle.

The criminal complaint filed against Thiex in Shawano County Circuit Court stated that when Shawano County Sheriff's Deputies located the blue van, the driver was identified as Trevor Thiex, who told deputies that he was “all over the road” due to being tired. Thiex further told deputies that he was returning home from a Packers game and that he had started drinking beer around 10:30 AM and stopped around 3 PM (approximately 2 hours prior to the traffic stop). Thiex also told deputies that the juvenile in the vehicle was his 10-year-old son. Deputies assisted with coordinating for someone to come pick up Thiex's son.

Thiex is also charged with Operating a Motor Vehicle with a Prohibited Blood Alcohol Concentration of more than 0.08 but less than 0.15, with a Child under the age of 16 in the vehicle, a criminal Misdemeanor offense.

Public record shows that on June 6, 2017, the Court scheduled a Jury Trial for November 30, 2017, in Shawano County Circuit Court on the charges filed against Thiex.

DrydenWire.com reached out to area attorney, Joseph Schieffer, for some insight regarding this type of case:

In Wisconsin, a first offense operating while intoxicated  (or “OWI”) Is generally a non-criminal offense. In fact, Wisconsin is the only state out of 50 in which OWI-1st is non-criminal. OWI-1st can be elevated to a criminal charge under certain circumstances, including if the operator has a minor in the vehicle. 

While OWI is the most common charge referred to, there are actually two separate charges. With the OWI charge the state has to prove that the accused individual was operating a motor vehicle and at the time of operation his or her ability to operate said vehicle was impaired due to an intoxicant. The lesser referred to second charge, operating with prohibited alcohol concentration (PAC) is proven by the prosecution by showing that at the time of operation the individual had a prohibited alcohol concentration, which in Wisconsin is .08 percent. In this charge the prosecution only need show the that the operator had an alcohol concentration at or above .08 percent. It is possible for an individual to be found guilty by a jury of one offense and not the other. In the event an individual is convicted of both offense, only one will be deemed “countable” for purpose of subsequent OWI offenses.

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 joseph@schiefferlaw.com with questions or comments.


***Previous Story***

Burnett County Sheriff's Deputy Appears on OWI Charges

Tuesday, March 7, 2017 | by Ben Dryden |

Trevor Thiex, deputy with Burnett County Sheriff's Department, had his Initial Court Appearance in Shawano County, WI Circuit Court yesterday, March 6, 2017, on his charges of Operating While Intoxicated, 1st Offense, with a Child under the age of 16 in the Vehicle as well Operating with a Prohibited Blood Alcohol Concentration.

Public record indicates that Thiex entered a Not Guilty Plea with the Court and the Court scheduled a Pre-Trial Conference for Thiex's case on June 6, 2017. The Court also ordered that Thiex is to maintain absolute sobriety per his bail bond conditions.

Burnett County Sheriff's Department has confirmed to DrydenWire.com that Thiex is still on administrative leave at this time. 

DrydenWire.com reminds our readers that individuals charged with a crime are presumed innocent until convicted by judge or jury.


*Original Story*

Off-Duty Burnett County Sheriff's Deputy Charged with OWI

Thursday, February 23, 2017 | by Ben Dryden

Trevor Thiex, a deputy with the Burnett County Sheriff's Office, has been charged in Shawano County, Wisconsin with Operating While Intoxicated, 1st Offense, with a Child under the age of 16 in the Vehicle. Because there was a minor child in the vehicle, this is a criminal misdemeanor level offense.

According to the Shawano County criminal complaint received by DrydenWire.com via public records request, the incident occurred on December 24, 2016. Shawano County Sheriff's Deputies were dispatched to a call of a vehicle driving erratically. The caller reported that a blue van was “all over the roadway”, crossing the center line, then heading towards the ditch, and even nearly colliding with the caller's vehicle as well as almost striking other vehicles. Although the caller attempted to get ahead of the blue van, the van tried to pass on the right, even though the caller's vehicle was still in the right lane of traffic, according to a written statement which was later provided to the Shawano County Sheriff's Office by the complainant.

A deputy located the blue van in question and saw that the van was still being driven erratically and crossing the white fog line while weaving within it's own lane of traffic. The deputy then conducted a traffic stop. The criminal complaint states that the driver gave the deputy a Wisconsin Driver's license and identified himself as Trevor Thiex and told the deputy that he was “all over the road” due to being tired. Thiex further told deputies that he was returning home from a Packers game and that he had consumed 5 to 6 Coors Light beers starting around 10:30 A.M and stopping around 3 P.M. (approximately 2 hours prior to the traffic stop).

Thiex told deputies that the juvenile in the vehicle was his 10-year-old son. Deputies assisted with coordinating for someone to come pick up Thiex's son.

Thiex cooperated with the field sobriety testing conducted by the deputies on scene and also agreed to submit to a blood draw, according to the criminal complaint. A second charge is included in the criminal complaint, charging Thiex with operating a motor vehicle with a prohibited blood-alcohol concentration of more than 0.08 but less than 0.15, with a child under the age of 16 in the vehicle, also a criminal misdemeanor offense.

Public record indicates that Thiex signed a $500 cash bail bond on December 27, 2016, and is scheduled to appear in Shawano County Circuit Court on March 6, 2017.

Thiex is on administrative suspension with pay from Burnett County Sheriff's Office pending the outcome of the charges. Thiex also is employed by the Siren, Wisconsin Police Department.

DrydenWire.com reminds our readers that individuals charged with a crime are presumed innocent until convicted by a judge or jury.


Social Media Commenting: DrydenWire takes great pride in factual reporting and will not tolerate any defamatory libel statement against any/all parties involved. Any defamation statement will be properly recorded and removed with later evaluation for possible litigious affairs.

Last Update: Jun 09, 2017 9:01 am CDT

Posted In

Share This Article

Loading...
Loading...
Loading...
Loading...