By allowing ads to appear on this site, you support the local businesses who, in turn, support great journalism.
Jail death prelim to be continued
Placeholder Image
MONROE - A preliminary hearing for a Montello man facing felony charges of supplying methadone to a teenager who died of an overdose at the Green County jail will continue for a third afternoon.

Danny Douglas Mitchell, 44, appeared in custody in front of Green County Judge Tom Vale with defense attorney Jane Ellen Bucher. Mitchell's preliminary began the afternoon of April 13 and was continued on Monday afternoon, April 20. It is scheduled to be continued May 15.

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 the January 2013 overdose death of Kyle Peotter, who was 17 at the time. Both Mitchell and Peotter were in the same cellblock in the Green County jail at the time of Peotter's death.

Lt. Paul Weichbrod of the Green County Sheriff's Department was called to the stand Monday to finish his testimony that was started April 13.

Following Peotter's death, Weichbrod logged the activities between Mitchell and Peotter from Jan. 28 through the early morning hours of Jan. 30 as seen on videotape. He sent specific times during those days to the Wisconsin Department of Justice to show "suspicious activities" between Mitchell and Peotter. The second half of the enhanced video was shown during the preliminary hearing.

Throughout the video, Weichbrod testified that Peotter and Mitchell are seen passing items. Peotter is also seen placing something under his mattress at various points as well as peeling the seam at the bottom of his mattress, then sticking his hand inside.

The two inmates appear to not sleep during the lockdown during the evening of Jan. 28 and the morning of Jan. 29 but continued to hand each other items through their cell doors.

At about 6:45 a.m. Jan. 29, Peotter hovered over his toilet bowl in the cell; Weichbrod said it appeared Peotter was sick and throwing up. Peotter returned to his toilet and appeared to hover over it several more times throughout the day.

Weichbrod testified, while the tape continued to play, that Peotter and Mitchell spent most of the day passing items to each other, including a book that appeared to have something between its pages.

Shortly after lock down ended, Mitchell can be seen bringing in his and Peotter's food tray for the morning meal. Weichbrod testified that Mitchell turned towards Peotter's cell and called for him. At about 5:32 a.m., Mitchell walked into Peotter's cell and tried to wake him.

Around 5:34 a.m., Mitchell grabbed something from under the bottom of Peotter's mattress and walked back into his own cell. Mitchell walked back out, pushed the emergency call button, went back into his cell and placed something in the toilet. He then put on a pair of socks, and came back out of his cell. Mitchell appeared to walk to the edge of the cell block, where he pointed at Peotter's cell.

At about 5:36 a.m., Mitchell was locked down in his cell and a deputy went into Peotter's cell. At about 6:15 a.m., Weichbrod was contacted to come in. When he arrived, he said, several EMS and fire, as well as detectives and police officers, were at the scene.

Mitchell was transferred to an interview room, Weichbrod testified.

Weichbrod conduced a secondary search of cell block B, where he found a baggie of chewing tobacco that was crammed into a small gap in the top corner of Mitchell's cell. Weichbrod said he took it into evidence, and stored it in a cabinet in his office.

District Attorney Gary Luhman finished his questioning of Weichbrod, but defense will pick up its cross examination when the preliminary hearing continues at 1:15 p.m. May 15.