An Amery, WI man has been charged in Polk County Circuit Court with 6th Offense Operating While Intoxicated (OWI).
According to public record, Michael A. Jacob of Amery, WI, has been charged with Class G Felony 6th Offense OWI after an incident in which Amery Police Department was called out to investigate a man attempting to purchase alcohol dressed only in blue underwear shorts and a black t-shirt.
The Amery Police Department probable cause statement received by DrydenWire.com via media release states that on June 14, 2017, the Amery Police Department received a complaint that a man was at the Amery Express trying to purchase alcohol. Amery Express denied his request and he left in a blue Ford Explorer. Office administration personnel for Amery Express called law enforcement at that point to make the report.
The report made to law enforcement stated that the man was headed to the Freedom store. Officers located the man within a few minutes. He was dressed as described, in only underwear shorts and a t-shirt and was not wearing shoes. The officer observed the man staggering towards a blue Ford Explorer. The man got into the Explorer and drove away, and the officer followed with the squad car lights and siren activated. The officer gave the license plate number to Polk County Dispatch and was advised that the Explorer was registered to Michael A. Jacob.
Jacob reportedly continued driving for a few blocks until he pulled the Explorer over and stopped. When the officer made contact with Jacob, he allegedly told the officer that he was drunk and that he had five prior convictions for OWI. Jacob reportedly also told the officer he did not have his driver's license. His speech was slow and his head was bobbing while he was speaking to the officer.
When the officer addressed Jacob by name, he responded. When asked if he could do field sobriety testing for the officer, Jacob stated that he could not. Jacob reportedly attempted to give a preliminary breath sample for the officer, however after three unsuccessful attempts, the officer determined that Jacob would not be able to do so.
Jacob was taken into custody for OWI at that time and the officer transported Jacob to the Amery Regional Medical Center. At that time, the officer confirmed via a check of Jacob's driver's license history that he did have five prior convictions for OWI.
Jacob refused to give a voluntary blood sample stating that he wanted an attorney. The officer contacted an Assistant District Attorney for the Polk County District Attorney's Office who helped the officer arrange with a Circuit Judge to obtain a search warrant for Jacob's blood. Jacob allegedly stated that he would not cooperate with the blood draw and that he would fight it. An additional officer was brought in to assist with holding Jacob to prevent him from fighting or hurting anyone during the blood draw.
Public record shows that charges were filed on June 15, 2017, and that Jacob appeared that day in Polk County Circuit Court. The Court set a $1,000 cash bond for Jacob and scheduled another hearing on June 16, which Jacob failed to appear for. An arrest warrant was requested by the State, which the Court granted.
According to public record, that arrest warrant was served on Jacob today, June 19, 2017, and he appeared in Polk County Circuit Court while in custody regarding his OWI charge along with additional charges which were filed against him by the Polk County District Attorney's Office today, June 19, 2017.
Details of the second case are not known, however, in that second case, Jacob is charged with Class H Felony Bail Jump, Class A Misdemeanor Criminal Damage to Property, and Class B Misdemeanor Disorderly Conduct stemming from an offense date of June 16, 2017.
The Court placed Jacob on a $5,000 cash bond today and ordered him not to have any contact with the Camelot Motel in Amery, WI and not to possess or consume any alcohol.
Jacob's next scheduled appearance is for a Preliminary Examination hearing.
Recently, DrydenWire.com contacted our legal eagle, area attorney Joseph Schieffer, for some insight regarding Preliminary Examination hearings.
"In Wisconsin, a preliminary examination is a statutorily created right given to defendants alleged to commit a felony level offense. The standard the State needs to meet in such a hearing is “probable cause that a felony was committed, and committed by the defendant. Contrasted with the burden in a normal jury trial (beyond a reasonable doubt) the level of evidence that the State needs to put forward in a preliminary hearing is substantially lower. Adding to this low standard is the fact that the State is allowed to present hearsay evidence. Often times law enforcement officers will testify to statements made by others in a preliminary examination rather than issuing a subpoena for each and every witness.
"While the burden of proof is low, there can be a benefit to having a prelim. Defense attorneys and defendants can use the hearings as “discovery” meaning that they can attempt to learn the extent of the witness’ knowledge or whether or not any constitutional issues can be raised. While every defendant has the right to a preliminary examination, he or she also has the right to “waive” said right and allow the court to base probable cause on the four corners of the criminal complaint.
"Once the parties have rested in a preliminary examination the judge will then decide whether or not the State has met "it’s burden. If so, the defendant will be bound over for trial. The preliminary examination ultimately serves as a check on the State. Being charged with a felony is a serious event and such an examination ensures that the prosecution has the requisite evidence to proceed."
Jacob's Preliminary Examination hearing is scheduled for July 11, 2017, at 1:00 pm.
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.
DrydenWire.com will continue to update the community on this situation when any significant activity or progress develops and reminds our readers that arrested or charged individuals are presumed innocent until convicted by judge or jury.
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Last Update: Jun 19, 2017 7:40 pm CDT
