MONROE - Two witnesses testified during a preliminary hearing Monday for a Montello man facing felony charges of supplying methadone to a teenager who subsequently died of an overdose while jailed in Green County.
Danny Douglas Mitchell, 44, appeared in custody in front of Green County Judge Thomas J. Vale with his attorney Jane Ellen Bucher.
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.
Green County District Attorney Gary L. Luhman called Mitchell's nephew to the stand to recall events that led up to Mitchell's incarceration at the jail in January 2013.
Allen Petro II said that at the time, he was living with his mother when his uncle appeared at their house. Petro said Mitchell was driven to the house, but Petro did not know who the driver was. The driver remained in the vehicle while Mitchell was in the house. In the first few minutes of the visit, Mitchell asked for some plastic baggies, and Petro gave him a handful of sandwich bags.
Mitchell also was looking for his prescription medicine that he had previously given to Petro's mother; Petro said his uncle gave the prescription to his mother because Mitchell was taking the medicine, which included Oxycodone, too fast.
The visit lasted about an hour, half of which was spent looking for a key to the safe where Angel Petro kept some personal items, and in which Allen Petro II thought Mitchell's medication would be held. During the visit, Petro said, he and Mitchell took drugs that Petro obtained from the street.
The defense questioned Petro's credibility; Petro was in a car accident in December 2013, and Petro reported that although he went through the windshield, there was no head damage.
Lt. Paul Weichbrod of the Green County Sheriff's Department was also called to the stand. Weichbrod was called to the jail in the early morning hours of Jan. 30, 2013 and directed to Cellblock B, where Peotter was found unresponsive and not breathing in his jail cell.
Weichbrod reported that he had no dealings with either Peotter or Mitchell in days prior to the incident, but he had previous run-ins with Peotter prior to his death.
Cellblock B, as Weichbrod described, is a more lenient block, with two double-bunked beds with a common shower area.
During their stay, inmates are not allowed to have weapons or harmful substances, including alcohol and tobacco, and are only allowed prescription drugs that have been dispensed by medical staff. To Weichbrod's knowledge, Mitchell was only given his inhaler while incarcerated.
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.
Part of the enhanced video was shown during the preliminary hearing. At a certain point, the video becomes blurry, due to the lack of lighting in the cells, as Weichbrod described.
The preliminary hearing will continue at 2 p.m. Monday; the state wants to continue showing the video, as well as interviewing witnesses.
After a two-year investigation, Peotter's family is looking for some closure in the case.
"It's been agitating, like what's going on? We are not talking bad about the system but it's about time that something is going," said Michael Degraff, Peotter's step-father.
"It took a long time, longer than we expected, but we are glad that something is going to be done."
Danny Douglas Mitchell, 44, appeared in custody in front of Green County Judge Thomas J. Vale with his attorney Jane Ellen Bucher.
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.
Green County District Attorney Gary L. Luhman called Mitchell's nephew to the stand to recall events that led up to Mitchell's incarceration at the jail in January 2013.
Allen Petro II said that at the time, he was living with his mother when his uncle appeared at their house. Petro said Mitchell was driven to the house, but Petro did not know who the driver was. The driver remained in the vehicle while Mitchell was in the house. In the first few minutes of the visit, Mitchell asked for some plastic baggies, and Petro gave him a handful of sandwich bags.
Mitchell also was looking for his prescription medicine that he had previously given to Petro's mother; Petro said his uncle gave the prescription to his mother because Mitchell was taking the medicine, which included Oxycodone, too fast.
The visit lasted about an hour, half of which was spent looking for a key to the safe where Angel Petro kept some personal items, and in which Allen Petro II thought Mitchell's medication would be held. During the visit, Petro said, he and Mitchell took drugs that Petro obtained from the street.
The defense questioned Petro's credibility; Petro was in a car accident in December 2013, and Petro reported that although he went through the windshield, there was no head damage.
Lt. Paul Weichbrod of the Green County Sheriff's Department was also called to the stand. Weichbrod was called to the jail in the early morning hours of Jan. 30, 2013 and directed to Cellblock B, where Peotter was found unresponsive and not breathing in his jail cell.
Weichbrod reported that he had no dealings with either Peotter or Mitchell in days prior to the incident, but he had previous run-ins with Peotter prior to his death.
Cellblock B, as Weichbrod described, is a more lenient block, with two double-bunked beds with a common shower area.
During their stay, inmates are not allowed to have weapons or harmful substances, including alcohol and tobacco, and are only allowed prescription drugs that have been dispensed by medical staff. To Weichbrod's knowledge, Mitchell was only given his inhaler while incarcerated.
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.
Part of the enhanced video was shown during the preliminary hearing. At a certain point, the video becomes blurry, due to the lack of lighting in the cells, as Weichbrod described.
The preliminary hearing will continue at 2 p.m. Monday; the state wants to continue showing the video, as well as interviewing witnesses.
After a two-year investigation, Peotter's family is looking for some closure in the case.
"It's been agitating, like what's going on? We are not talking bad about the system but it's about time that something is going," said Michael Degraff, Peotter's step-father.
"It took a long time, longer than we expected, but we are glad that something is going to be done."