By Kevin Murphy
For the Times
MADISON - A state appeals court recently rejected a Gratiot man's request to be released from prison before filing an appeal of his convictions involving pointing a revolver at two conservation wardens last fall.
Robert J. Stietz, 66, was found guilty by jurors in March and sentenced by Circuit Judge James Beer in May to one year in prison and two years extended supervision for pointing a firearm at a law enforcement officer, a felony, and, resisting arrest, a misdemeanor.
The Department of Corrections calculated May 24, 2015 as Stietz's mandatory release date from prison and May 24, 2018 as the date his extended supervision expires.
At Stietz's sentencing in May, Beer denied Stietz's release request citing "the hostile and confrontational nature" of his convictions and the risk he posed to commit "future crimes ... remained unacceptably high."
District Attorney Katherine Findley had asked Beer at sentencing to order Stietz into custody immediately as law enforcement officials were concerned they may be involved in another standoff with Stietz if he did not report to prison when ordered by the court.
Two witnesses testified at Stietz's sentencing that Stietz shot in their direction while they were hunting near his property, according to an affidavit Findley had filed with the court.
Steve Holland said he heard a bullet "whizzing" by him while he was on property near Stietz's. Stietz also threatened to shoot Holland when retrieving a hunting dog that was on Stietz's property.
Former Shullsburg Police Chief John Strause testified that Stietz shot in the direction of a hunting blind that was on land adjacent to Stietz's. The bullets splashed into creek about 50 or 60 feet from where Strause and his companions were seated, according to the affidavit.
Other individuals who had experiences with Stietz declined to testify fearing retaliation from Stietz's twin brother or other family members, according to Findley's affidavit.
In June, Stietz's appeals attorney, Charles Giesen, of Madison, had not filed an appeal seeking to overturn the convictions but asked the District IV Court of Appeals to release Stietz on bond pending appeal.
The state opposed the request filing Findley's affidavit in support of their position.
District IV Court denied Giesen's request on Aug. 26, upholding Beer's finding that Stietz was "inherently dangerous."
Giesen may be waiting for a transcript of the trial before filing Stietz's appeal. A court reporter on Aug. 22 asked the appeals court for more time to complete a transcript of the four-day trial.
Giesen had not returned a reporter's phone call seeking comment on Stietz's appeal by deadline.
Stietz's confrontation with the wardens occurred near sundown on Nov. 25, the last day of last year's traditional nine-day gun deer season. Stietz claimed he was on property he owns in the Town of Lamont, but the state maintains he was on an easement adjacent to his property.
According to a motion Giesen filed with the District IV Court:
Two wardens approached Stietz and asked to see the rifle he was carrying. Stietz refused to turn over the gun and, according to the state, struck one warden with the gun's stock. The gun was taken from Stietz. It was disputed at trial who reached for a handgun first, but a warden first drew his followed by Stietz and the other warden.
Each side asked the other to drop their gun first and when no one complied, a standoff ensued until Lafayette County sheriff's deputies arrived and Stietz surrendered.
Giesen intends to appeal Stietz's convictions arguing that Beer should have instructed jurors they could have acquitted Stietz after finding that he acted in self defense.
"It is important to note that the jury must have credited much of Robert Stietz's testimony and discounted that of the wardens when it found him not guilty on four of the six counts without even having the jury instruction of self defense," Giesen wrote the appeals court.
Stietz is currently serving his sentence at Oakhill Correctional Institution near the village of Oregon.
For the Times
MADISON - A state appeals court recently rejected a Gratiot man's request to be released from prison before filing an appeal of his convictions involving pointing a revolver at two conservation wardens last fall.
Robert J. Stietz, 66, was found guilty by jurors in March and sentenced by Circuit Judge James Beer in May to one year in prison and two years extended supervision for pointing a firearm at a law enforcement officer, a felony, and, resisting arrest, a misdemeanor.
The Department of Corrections calculated May 24, 2015 as Stietz's mandatory release date from prison and May 24, 2018 as the date his extended supervision expires.
At Stietz's sentencing in May, Beer denied Stietz's release request citing "the hostile and confrontational nature" of his convictions and the risk he posed to commit "future crimes ... remained unacceptably high."
District Attorney Katherine Findley had asked Beer at sentencing to order Stietz into custody immediately as law enforcement officials were concerned they may be involved in another standoff with Stietz if he did not report to prison when ordered by the court.
Two witnesses testified at Stietz's sentencing that Stietz shot in their direction while they were hunting near his property, according to an affidavit Findley had filed with the court.
Steve Holland said he heard a bullet "whizzing" by him while he was on property near Stietz's. Stietz also threatened to shoot Holland when retrieving a hunting dog that was on Stietz's property.
Former Shullsburg Police Chief John Strause testified that Stietz shot in the direction of a hunting blind that was on land adjacent to Stietz's. The bullets splashed into creek about 50 or 60 feet from where Strause and his companions were seated, according to the affidavit.
Other individuals who had experiences with Stietz declined to testify fearing retaliation from Stietz's twin brother or other family members, according to Findley's affidavit.
In June, Stietz's appeals attorney, Charles Giesen, of Madison, had not filed an appeal seeking to overturn the convictions but asked the District IV Court of Appeals to release Stietz on bond pending appeal.
The state opposed the request filing Findley's affidavit in support of their position.
District IV Court denied Giesen's request on Aug. 26, upholding Beer's finding that Stietz was "inherently dangerous."
Giesen may be waiting for a transcript of the trial before filing Stietz's appeal. A court reporter on Aug. 22 asked the appeals court for more time to complete a transcript of the four-day trial.
Giesen had not returned a reporter's phone call seeking comment on Stietz's appeal by deadline.
Stietz's confrontation with the wardens occurred near sundown on Nov. 25, the last day of last year's traditional nine-day gun deer season. Stietz claimed he was on property he owns in the Town of Lamont, but the state maintains he was on an easement adjacent to his property.
According to a motion Giesen filed with the District IV Court:
Two wardens approached Stietz and asked to see the rifle he was carrying. Stietz refused to turn over the gun and, according to the state, struck one warden with the gun's stock. The gun was taken from Stietz. It was disputed at trial who reached for a handgun first, but a warden first drew his followed by Stietz and the other warden.
Each side asked the other to drop their gun first and when no one complied, a standoff ensued until Lafayette County sheriff's deputies arrived and Stietz surrendered.
Giesen intends to appeal Stietz's convictions arguing that Beer should have instructed jurors they could have acquitted Stietz after finding that he acted in self defense.
"It is important to note that the jury must have credited much of Robert Stietz's testimony and discounted that of the wardens when it found him not guilty on four of the six counts without even having the jury instruction of self defense," Giesen wrote the appeals court.
Stietz is currently serving his sentence at Oakhill Correctional Institution near the village of Oregon.