MONROE - A cash bond of $5,000 was set Tuesday for a Montello man facing felony charges of supplying methadone to a teen-ager who subsequently died of an overdose while jailed in Green County.
Danny Douglas Mitchell II appeared in front of Green County Circuit Court Judge Thomas Vale via videoconferencing call; Mitchell is being held in Rock County.
Mitchell is charged with a Class C felony of first-degree reckless homicide by delivery of a controlled substance, a Class I felony of delivering illegal articles to an inmate, and a Class D felony of intentionally contributing to the delinquency of a child resulting in death.
The charges stem from Mitchell's alleged involvement in the death of Kyle Peotter, 17, who died of a methadone overdose while incarcerated in the jail in January of 2013.
During the video call, Mitchell said he was being held in the Rock County jail for "health reasons."
When Green county District Attorney Gary Luhman asked Mitchell how long his stay in the Rock County jail would be, Mitchell replied, "I'd like it as short as possible, so I can get back to work."
Mitchell is working in Marquette County on dairy and goat farms.
Under the bond conditions, Mitchell may not possess or consume any intoxicants or controlled substances unless prescribed by a physician presently treating him; have no contact with anyone under 18; and not leave the state without permission.
According to the criminal complaint, Mitchell gave Peotter the drug that ultimately led to his death. Peotter was found unresponsive and not breathing in his jail cell the morning of Jan. 30, 2013. Mitchell was confined in the same cellblock as Peotter since the evening of Jan. 28, 2013 after he turned himself in to the Green County Jail on a probation hold.
The criminal complaint further says that while in the Green County jail, Mitchell possessed loose-leaf chewing tobacco and prescription narcotic methadone, a synthetic opiate used to treat severe chronic pain and heroin dependence, without jail staff's knowledge. Mitchell allegedly gave Peotter the Schedule II narcotic.
An autopsy performed at the University of Wisconsin Hospital in Madison confirmed that Peotter died from a methadone overdose.
Court records indicate Mitchell and Peotter were the only two inmates in cellblock B from Jan. 28, 2013 until Peotter's death. Peotter had not left the jail since his incarceration in September 2012.
Mitchell was prescribed oxycodone and methadone on Jan. 23, 2013 for treatment of his chronic back and neck pain, according to court records.
Court records also show that after Mitchell discovered Peotter's body and after shaking him several times, he reached into Peotter's mattress and pulled out an item, according to a deputy's observations. Mitchell then pushed the emergency button on the jail cell alerting the jailers. Mitchell went into his cell, put the item under his mattress and then pulled it out and threw it into a toilet and flushed his toilet a couple of times.
Peotter was incarcerated in September 2012 for a felony charge of vehicle theft and contributing to the delinquency of a minor. His arrest came after a number of run-ins with Monroe police for minor infractions, including drawing graffiti and being disorderly.
If convicted for the maximum penalty on all counts, Mitchell could face up to 89 1/2 years in prison, or $210,000 in fines or both.
After the initial appearance, Mitchell's attorney, Guy Taylor, raised questions regarding Mitchell's stay at the Rock County jail.
"You don't go jail for health reasons - you go to the hospital for health reasons and you go to jail for criminal reasons," Taylor said to Luhman.
Green County Sheriff Mark Rohloff said health issues were not the reason why Mitchell is not housed in the Green County jail. Instead, he said, it was due to the compromised security the last time Mitchell was in the jail.
"We do have a doctor and nurses we work with," Rohloff said. "It wasn't a problem last time, and it's not a problem now."
The sheriff's department made alternate housing available so there was not another security breach by Mitchell.
A preliminary hearing was set for 2:30 p.m. Monday.
Danny Douglas Mitchell II appeared in front of Green County Circuit Court Judge Thomas Vale via videoconferencing call; Mitchell is being held in Rock County.
Mitchell is charged with a Class C felony of first-degree reckless homicide by delivery of a controlled substance, a Class I felony of delivering illegal articles to an inmate, and a Class D felony of intentionally contributing to the delinquency of a child resulting in death.
The charges stem from Mitchell's alleged involvement in the death of Kyle Peotter, 17, who died of a methadone overdose while incarcerated in the jail in January of 2013.
During the video call, Mitchell said he was being held in the Rock County jail for "health reasons."
When Green county District Attorney Gary Luhman asked Mitchell how long his stay in the Rock County jail would be, Mitchell replied, "I'd like it as short as possible, so I can get back to work."
Mitchell is working in Marquette County on dairy and goat farms.
Under the bond conditions, Mitchell may not possess or consume any intoxicants or controlled substances unless prescribed by a physician presently treating him; have no contact with anyone under 18; and not leave the state without permission.
According to the criminal complaint, Mitchell gave Peotter the drug that ultimately led to his death. Peotter was found unresponsive and not breathing in his jail cell the morning of Jan. 30, 2013. Mitchell was confined in the same cellblock as Peotter since the evening of Jan. 28, 2013 after he turned himself in to the Green County Jail on a probation hold.
The criminal complaint further says that while in the Green County jail, Mitchell possessed loose-leaf chewing tobacco and prescription narcotic methadone, a synthetic opiate used to treat severe chronic pain and heroin dependence, without jail staff's knowledge. Mitchell allegedly gave Peotter the Schedule II narcotic.
An autopsy performed at the University of Wisconsin Hospital in Madison confirmed that Peotter died from a methadone overdose.
Court records indicate Mitchell and Peotter were the only two inmates in cellblock B from Jan. 28, 2013 until Peotter's death. Peotter had not left the jail since his incarceration in September 2012.
Mitchell was prescribed oxycodone and methadone on Jan. 23, 2013 for treatment of his chronic back and neck pain, according to court records.
Court records also show that after Mitchell discovered Peotter's body and after shaking him several times, he reached into Peotter's mattress and pulled out an item, according to a deputy's observations. Mitchell then pushed the emergency button on the jail cell alerting the jailers. Mitchell went into his cell, put the item under his mattress and then pulled it out and threw it into a toilet and flushed his toilet a couple of times.
Peotter was incarcerated in September 2012 for a felony charge of vehicle theft and contributing to the delinquency of a minor. His arrest came after a number of run-ins with Monroe police for minor infractions, including drawing graffiti and being disorderly.
If convicted for the maximum penalty on all counts, Mitchell could face up to 89 1/2 years in prison, or $210,000 in fines or both.
After the initial appearance, Mitchell's attorney, Guy Taylor, raised questions regarding Mitchell's stay at the Rock County jail.
"You don't go jail for health reasons - you go to the hospital for health reasons and you go to jail for criminal reasons," Taylor said to Luhman.
Green County Sheriff Mark Rohloff said health issues were not the reason why Mitchell is not housed in the Green County jail. Instead, he said, it was due to the compromised security the last time Mitchell was in the jail.
"We do have a doctor and nurses we work with," Rohloff said. "It wasn't a problem last time, and it's not a problem now."
The sheriff's department made alternate housing available so there was not another security breach by Mitchell.
A preliminary hearing was set for 2:30 p.m. Monday.