criminal complaint - nasdaqmedia.graytvinc.com/documents/criminal+complaint+1.pdf · 2009-05-12 ·...

COUNTY OF MARATHON

DA Case No: 2009MA001893Court Case No:

Raul Ponce-Rocha716 Kickbusch StreetVVausau, VVl54403DOB: 01/24/1987 Criminal Complaint

STATE OF VVISCONSIN ))SS

COUNTY OF MARATHON)

The above-named defendant on or about Saturday, May 02, 2009, in the City of VVausau,Marathon County, VVisconsin, did cause the death of Breanna Schneller, with intent to kill thatperson, contrary to sec. 940.01 (1)(a), 939.50(3)(a) VVis.Stats., a Class A Felony, and uponconviction shall be sentenced to imprisonment for life.

Complainant is a law enforcement officer in Marathon County and bases this complaint uponthe attached law enforcement reports which your complainant believes are reliable in thatthey are made by the officers in the routine and ordinary course of the officer's official duties.

Your complainant believes the statements contained within said reports are reliable for thefollowing reasons: They are made by witnesses to criminal activity, insofar as it is basedupon personal observations and knowledge. They are made by the defendant contrary topenal interests.

Subscribed and sworn to before me,and approved for filing on this:May 12, 2009.

Deputy District AttorneyState Bar NO.~1~Q3~1_9Q~7 _Marathon County, VVisconsin

Incident ReportWAUSAU POLICE DEPARTMENT

On Saturday, May 2,2009, at approximately 1:26 p.m., Officer Wilcox and I were dispatched to 1208S. 12th Av.,#1, Wausau, on a report of a female laying on a floor with her throat cut. Other officers also responded; WausauFire Department personnel were also responding.

Upon my arrival, I found a group of people standing outside the apartment building. They directed me into theapartment immediately to the left; one of the males in the group went inside with me. I later identified him as Huge(N.M.I.) Ramirez Tlahuix, M/H, D.O.B. 06-01-89. Ramirez resides in the apartment with his brother Jose Ramirezand Jose's girlfriend, Breanna Schneller (Breanna A. Schneller, FIW, D.O.B. 08-14-90).

Hugo~ed me to the bedroom where the female was laying. It was obvious from the multiple stab wounds to herchest and the cut across her throat, along with the strangUlation marks on her throat that she was deceased. Theblood on her face was partially dried. It was obvious that this was a homicide scene. I had Hugo leave theapartment; I had dispatch tell the fire department to disregard. I also called for a duty supervisor to respond to thEscene; Lt. Kolb responded. I also informed him that we'd need detectives to respond to the scene.

!Rep.:;;i l'lif~r:;,_.

1~~35/PT.Sr.:OTY I PA.UL. EI p,",:lle'L;".I""· .105/03/20091?:57

I! of 4

Incident ReportWAUSAU POLICE DEPARTMENTNarrative .

By this time, Officer Wilcox had arrived; he advised that he was going to start the crime scene log. Hugo hadgiven me Schneller's name, but was not sure of the spelling. He stated her purse should be in the bedroom withher. I eventually found it hanging on the back of the bedroom door. OffIcer Baeten had arrived and got the I

camera from his squad (# 517) to use to start photographing the scene; rather than have him enter the scene too.I took the camera and took numerous photographs of the entire apartment.

While taking the photos, I noted two blood spots on the carpet of the hallway of the apartment I also found twoknives in the bathroom sink, along with some blood spatter on the sink bowl. The rug on the floor in front of thesink had a bloody shoe print on it, along with some drops of blood.

In the other bedroom, I found hundreds of dollar bills, along with various coin currency; most of the money was inone dollar bills, with some five dollar bills mixed in. There was a kitchen sink tub of the type used to wash dishesthat had a large amount of the paper bills in it. but there was also a slightly smaller amount of similar bills on thebookshelf at the foot of the bed. From the amount of money in the room, which was in plain sight through theopen doorway, it did not appear as if robbery was intended. After I took the initial photos of the wash tub ofmoney, I picked up the card case style wallet laying on the floor next to it, thinking it might belong to the victim. Ifound Hugo's 10 in it; I put the wallet on the bed and later put his 10 card on the kitchen table after I recorded thecorrect spelling of his name.

Inside the bedroom where Schneller was laying was a large amount of blood to the south of her head (to the rightside of her head). She was wearing a black tube or halter style top that was pushed down around her waist,exposing her breasts. There were multiple stab wounds to her chest, as well as a cut on her throat. I also noted adistinct waffle pattern in the skin on her throat; at first I thought it was possibly part of a shoe print, but then whenI looked at the shirt that was laying across her left shoulder, I realized the shirt had a waffle type pattern to it(waffle type pattern as in the same pattern that some long underwear has). The bedroom was also in disarray; thebedding was partially pulled off of the bed. and there was a glass bottle that contained coin change that was

laying on the floor broken.

After I finished photographing the inside of the apartment, Lt. Kolb arrived on scene. I walked him through theapartment, showing him the scene. While he was in the apartment, We opened the close door located at themidpoint of the hallway to ensure no one was inside it. I had already opened the closet at the end of the hallway,and had also moved the shower curtain to erisure no one was inside the bathtub.

Some clothing had been discovered outside the back apartment door; I took some photographs of those. I got thefirst 24 photographs I took with Officer Baeten's card, with the remainder taken on one of my SO cards.

During my time at the scene, Schneller's mother arrived. Lt. Ko/b broke the news of Breanna's death to her, thenhe got busy with some phone calls relating to processing the scene, so I took over interviewing her. In speakingwith Lori A. Schneller, FMI, 0.0.8. 11-09-65, she told me that she had taken Breanna's car last night to get ittaken in to be fixed. She dropped Breanna off somewhere between 9:00 p.m. and 10:00 p.m. at EI Tequila Salsa,where Jose Ramirez works. Breanna rode home with him after he finished working. Lori said that was the lasttime she physically saw Breanna; however, she said she did have a text message on their cell phones at about10:33 a.m. today regarding picking up the car from her at her (Lori's) work. Breanna was supposed to get a ridefrom Jose when he went on break at about 1 :00 pm. Lori went on to say that Jose called her at work at about1:55 p.m. to tell her that Breanna was sick; Lori says when she pressed Jose for details on what was wrong withBreanna. that all he would say was that she was sick. Lori said that Breanna was about due for. if she alreadydidn't get, her menstrual period; she said that Breanna is prone to get menstrual cramps, and was trying to figureout if that is what was wrong with her.

Also during this time frame, I spoke with one of the upstairs neighbors, Jose L. Colin, M/H, O.O.B. 03-19-55; Colinlives in #4, and speaks limited English. I ended up having to have dispatch contact SWITS for a Spanishinterpreter to ensure I was understanding what Colin was telling me. The interpreter, Saul (N.M.I.) Arteaga, M/H,D.O.B. 08-03-69, called back a short time later. According to the information obtained from Colin, he left theapartment about 1000 a.m. to go to some garage sales, and got back at about noon. At no point during the timehe was home did he hear anythIng relating to a fight or struggle. I thanked them both for the help.

After I finished interviewing Colin, I attempted to contact the tenant(s) in #2, but got no an5wer at the door.

11f?~~~f/r;~-~~;~-,~;',Pl.~~ E j 6;i7;~;;O'09'~;-':-~7---- jI?a~~ 3 of 4

Incident ReportWAUSAU POLICE DEPARTMENT,Narrative ~ .On instructions from Lt. Kolb, I got some paper evidence bags and collected the clothing laying outside the backdoor to the apartment; when I returned to the department, I placed them into temporary evidence locker # T1 forsafekeeping until I could get them processed and logged into evidence.

Lt. Kolb had contacted the Crime Lab to have their mobile unit respond to process the scene; Crime Labpersonnel requested a search warrant be obtained for the apartment. I was assigned to obtain that. Det. Barnes,who was the on-call detective, contacted AD.A. Ken Heimmerman; I was assigned to meet with Heimmerman athis office in order to obtain a search warrant for the apartment. After Heimmerman got the affidavit for searchwarrant and the search warrant drafted, I went to Judge Grau's residence to get the warrant signed. After it wassigned. I stopped at our department to make some copies of the search warrant. then returned to the scene with it.The original affidavit was turned over to Heimmerman; the copies of both the affidavit as well as the original and

copies of the search warrant were turned over to Det. Barnes.

I then returned to the department again, where I removed the video tape from my squad; when I did that, I realizedthat I did not have the remote microphone in my possession while I was inside the apartment. As a result, there

is no remote audio on the tape. The video tape was eventually submitted into image evidence, per policy. I alsogenerated a photo log for the photos I took at the scene. The evidence 'collected outside the back door waspackaged and submitted into evidence, being placed into locker #2.

I also need to note that Officer M. Kurtzhals was assigned to take a statement from one of the Ramirez's he hadbeen driving a department motorcycle up to this point, so when he left to take one of the Ramirez's to ourdepartment to take a statement, he used my squad for the transport.

See reports from other officers and detectives for full details of the incident.

No further information is available.

I"rft!p~)rio;rl~':e-f---" ....~.j 3q'~':/-'>I~KOTY P"'lJL Ii'I ~_.-:~ 1. .• ;) f •. r:. .-'

I ilnnl('d'~I'-" _ -.'._., ..

i05/03/2009 12:57

"~a Jt"v' ": r " '. '. " •• - .' ;c.::· ',:' "." ,.:!" ,':." f~::··:",,' .', '. J'~"'''' ,1'1 rra. e ,~ ,,_, ""',J. \. 1"·1 ' •• r-~'" r~, ~, .• -.~~,,",' , •• _." ,-'. , ''''";~'''''''''''~ ·' ••·.t 1,.-, • • '_0. r" - . •..... "' . U< "'I "V•• " \ I •

INITIAL RESPONSEOn 05-02-09 at approximately 1326 hours, I responded to 1208 S. 12th Ave. #1 for a report of a non-responsivefemale with a cut on her neck. MNSO dispatch advised tl1at an ambulance had been paged, and would stagenearby, Officers Wilcox, Piskoty, and M. Kurtzhals also responded. I arrived shortly after Officer Piskoty, alongwith Officers Wilcox and M. Kurtzhals. I was exiting my squad when Officer Piskoty advised dispatch that theambulance was not going to be needed. Officer also requested a supervisor and detective respond to the scene,

J broyght the digital camera from squad #517 and placed my CF card in it as I approached the apartment buildingI observed that Officer M. Kurtzhals had already started to speak with a couple of citizens that were standing neathe front entrance to the building

I entered tile front door of the building and WilS met hy Officers Wilcox ;Ind Pi:,koty They \"'I(:~rG standing at the

i ;:~'f'C.i1f,UIl':'1

i J02?,/P,~.1;;'J'E(~, 'fonD i\11"'1:'11"".'\1

105/03/200912:S1 I! P"lge 1 of 3

Incfdent ReportWAUSAU POLICE DEPARTMENTNarrative

open door to apartment #1 speaking with a male, later identified as Hugo Ramirez (06-01-89) Hugo seemed veryupset, and was explaining something to the other officers. I provided the camera to Officer Piskoty and 11easked

me to accompany Hugo outside and ask him what information he could provide about the situation

INITIAL CONTACT WITH HUGO RAMIREZHugo and I stepped outside and stood in the parking lot. Hugo explained that he lived at the apartment with hisbrother, Jose Sebastian Ramirez (02-25-87), and Jose's girlfriend, Breanna A. Schneller (08-04-90). Hugo furtherexplained that he refers to his brother as Sebastian.

Hugo explained that he had returned from work to find Breanna's unresponsive body on the floor with wounds onher neck.

I asked Hugo when the last time he spoke to or saw Breanna was. Hugo stated that she was at his place ofemployment on 05-01-09 at approximately 2100 hours. He explained that he and Jose both work at EI TequilaSalsa restaurant in Rib Mountain, and that Breanna was there to eat and wait for Jose to finish his shift. Hugostated that Breanna and Jose left the restaurant at approximately 2130 hours.

Hugo stated he finished his work shift and returned at approximately 0400 hours on 05-02-09 and then went tobed. Hugo stated he woke up at approximately 0950 hours on 05-02-09, showered and went to work. Hugostated that Jose had left for work approximately 10 to 15 minutes before he did. He stated that the door toBreanna's and Jose's bedroom was closed when he was getting ready for work, and as he left.

Hugo stated he returned from work at approximately 1320 hours. He stated he observed that Breanna's vehiclewas gone. He said he went to the apartment door and it was locked. Hugo stated he unlocked the door andentered the apartment. Hugo said he walked down the hall to his bedroom and he observed the door toBreanna's and Jose's door was open. Hugo said he saw a body lying on the floor inside the bedroom. Hugo saidthe body was female, and it was naked from the waist up. Hugo stated there was a towel over the head of thebody. Hugo said he reached down to remove the towel and saw that the body was that of Breanna. Hugo saidthere was a cut on her throat and blood on the towel. Hugo stated that Breanna was on her back, with her headnear to the door. Hugo said the bedroom looked like a struggle had taken place there.

Hugo said he tried to call the police, but he could not dial. He said he ran upstairs to apartment #3,and asked theoccupant to call the police. Hugo then said he called Jose and said, "Come home, something's wrong with[Breanna]." Hugo stated Jose said, "don't worry, I'll be right home." I asked Hugo what time he had called Jose.He checked his cell phone and advised that he had called at 1328 hours.

I asked Hugo if Jose and Breanna had a good relationship. He described their relationship as being very good.He said they rarely argued, and that he never observed a physical confrontation between them.

TRANSPORT OF HUGO TO POLICE DEPARTMENT FOR STATEMENTLt. Kolb had arrived on scene and requested that I transport Hugo the police department for a recorded statement.

Hugo was permitted to retrieve a pair of sandals from just outside the entrance to the apartment, and then hewas directed to the back seat of my squad.

Hugo was transported to the police department and directed to interview room number #2. I activated theaudio/video recorder and asked Hugo to tell me again all he knew about the situation. He provided a similaraccount of the situation except for the following additions.

First, Hugo stated that he worked at EI Tequila Salsa on 05-01-09 until 2230 hours. He said stayed theresocializing until midnight. Hugo then stated he went to Paradox bar in Wausau with some friends, and that hestayed there until 0300 on 05-02-09. He said that he used drugs while at Paradox, but advised me that henormally does not use drugs. I asked Hugo what drugs he used. He said he was not sure, but he described it asa "white powder." Hugo said he used the drugs in the bathroom at Paradox, and did not know who he got thedrugs from. Hugo then said he went to an unknown friend's house, and finally drove home at 0400 hours.

Hugo stated he turned on the television for a bit and then went to sleep in his bedroom He confirmed that thedoor to Breanna's and Jose's room was closed.

f R~po,1NfiCf.'····_··i3022/BAETEN,TODD A_. . .

jPlinli,d III"

j05/03/2009 J2:57 'page 2 of 3


~·,Up~I';!rtIl~"1N~.,

0001

Narrative .Next, Hugo stated Jose, wqke him up at 0945 hours on 05-02-09. l-lugo said he turned on the television for a bit.He said he heard Jose and Breanna talking in their bedroom When I asked what they were talking about, Hugosaid he could not tell. He said he just heard their voices. Hugo said Jose then left for work at about 0955 or 1000hours. Hugo said he showered and got ready for work. He said he left the apartment at approximately 1015hours. Hugo stated the bedroom door to Breanna's and Jose's room was closed during this time, and he did notsee or speak to Breanna. Hugo said he could not remember if he locked the apartment door when he left.

Hugo again stated he left work at approXimately 1320 hours. He said he stopped at IHOP and purchased a hotchocolate before going home. Hugo said he got home a short time later and unlocked the door and went inside.

Hugo explained again how he had discovered Breanna's body. He added that when he removed the towel fromBreanna's face he hung on to it as he moved back down the hallway to get help. Hugo said he dropped thebloodstained towel in a basket of clothes in the kitchenlliving room area. He said he thought the towel was greenin color. Hugo also advised me that he had observed cuts on each of Breanna's exposed breasts, and that herchest was bloody. Hugo said Breanna's body was on top of some clothes that were on the floor. He said he alsoobserved blood on a nearby stereo. He also said a clothes iron from the room was broken and laying nearBreanna's feet. As he explained how and where he discovered Breanna's body, Hugo drew a diagram of theapartment on a piece of paper. When he was finished" requested he write the address of the apartment and signand date the diagram. He did this. Please see attached diagram.

Hugo then recounted how he went to apartment #3 for help, and the tenant there called for someone else to help.Hugo indicated that some of the other apartment complex tenants began to gather outside the building. Hugo

said he went back into the apartment with an unknown Hispanic female from another apartment. He said theylooked at Breanna's body and then left the apartment. Hugo said he went back in another time with the tenantfrom #3 and the tenant from the apartment directly above #1. (I later learned that Officer Piskoty had identifiedthese individuals. Please refer to his report for further information.)

HUGO PROVIDES BUCCAL SWAB AND CONSENTS TO SEARCH OF HIS CELL PHONEDuring the interview, I was contacted by Lt. Wadinski, requesting I obtain a DNA sample in the form of a buccalswab from Hugo. Hugo agreed to provide the DNA sample, and signed the "Permission to Search" form. Iobtained the necessary samples and packed them in a swab carton. They were later logged in as evidence, andplaced in locker #P20.

Officer Buckner came to the interview room and asked Hugo permission for us to search the contents of his cellphone. Hugo consented, and a second "Permission to Search" form was filled out and signed by Hugo. I thenissued him a property receipt for His HTC Diamond cell phone. He advised the number for the phone is

Please see attached signed "Permission to Search" forms and property receipt for further information.

Detective Barnes arrived at the interview and spoke briefly to Hugo. Please refer to Detective Barnes report forfurther information. Hugo was then asked to wait in the interview room for someone to speak with him further.

COLLECTION OF HUGO'S AND JOSE'S CLOTHINGI was then requested by Capt Hagenbucher to assist Hugo and Jose, who was being interviewed in the next roomby Officer Klein, in finding a friend or relative to bring them a change of clothes. Capt Hagenbucher explained

that we wanted to retain the clothing they were wearing and place into evidence.

This request from Capt. Hagenbucher was explained to Hugo and Jose. They had since been brought into thesame room and provided with a pizza and some drinks. Hugo and Jose agreed to the collection of their clothing.Hugo called their employer and made arrangements for him to bring a change of clothing for each of them to thepolice department. Upon the employer's arrival, Hugo and Jose changed. Hugo's and Jose's clothing were thenpackaged, logged in as evidence, and placed in locker #P2D.

Please refer to the other officer's reports for further information

r-;lji~riTjlf,i.er

1~.~?~/~!U:'rEN, TODD A: P"nlf·dAI

105/03/2009 12:57 I Page 3 of 3

·Incident ReportWAUSAU POLICE DEPARTMENT

Supplement No

0037

Reported Dale

05/02/2009

and non-neq11qent manslaughterCity ZIP CodeCITY OF lQUSAU 54401

BealSECD

RMS Transfer

Pending

Summa Narrative

FORENSIC AUTOPSY OF BREANNA SCHNELLER;

On 05/02109 the body of a female victim of homicide was recovered from 1208 S. 12th Ave in the city of Wausau.The body was removed from the scene by Deputy Medical Examiner, Jean Finley. The body bag was sealed inmy presence and placed into Deputy Medical Examiner Finley's vehicle. I followed Deputy Medical ExaminerFinley from the scene to the Wausau Hospital.

Once at the Wausau Hospital, I followed Deputy Medical Examiner Finley to the morgue and observed andassisted her in placing the body of the female victim into a storage cooler. I also observed Deputy MedicalExaminer Finley secure the cooler by locking the handles. Deputy Medical Examiner Finley also sealed the coolerdoor with tape. I observed Deputy Medical Examiner Finley instruct Aspirus Wausau Hospital Security to prevent

anyone from entering the hospital morgue until such a time that Deputy Medical Examiner Finley had removed thebody.

Arrangements were made with Deputy Medical Examiner Finley to meet her at the Wausau Hospital morgue at9:00 a.m. the following morning, 05/03/09. At that time the body of the female victim would be transported to theVeteran's Hospital in Madison for a forensic autopsy.

At 9:00 a.m. on 05/03/09 Deteetive Cord Buckner and I met with Deputy Medical Examiner Jean Finley at theAspirus Wausau Hospital morgue. The body of the female victim was removed from the cooler and placed ontoDeputy Medical Examiner Finley's cart.

Detective Buckner and I followed Deputy Medical Examiner Jean Finley from Wausau to the Veteran's Hospital inthe City of Madison. At no time did we lose site of Deputy Medical Examiner Jean Finley or her vehicle. Wearrived in Madison at the Veteran's Hospital at approximately 11:10 a.m.

While at the Veteran's Hospital, the body of the victim was X-rayed while still in the body bag. I photographed thatthe seal on the body bag was still intact from the previous evening.

Report Officc, -.----.----.------.-- ... ----.--- ---·----·----1·Printed At- ..----- ..----·· --.------- ---- ...-- .. --------- ..-.----------J3005/BARNES,MATTHEWL 05/09/200921:19 Page 1 of 3_____ __ .. . __..... .._.. .._ __ _ __ _ _.._ .._ _.._""_' .__ _I. ----- ---.-- --. -- .


Supplmnenl No

0037

Narrative.•..he forensic autopsy of the victim was conducted by Dr. Robert Corliss. The autopsy concluded at approximately4:00 p.m. Present during the autopsy of the victim was Dr. Corliss, his assistant Terry Holder, Deputy Medical

Examiner Jean Finley, Detective Cord Buckner and Detective Matthew Barnes. In addition, Wisconsin StateCrime Lab Field Response Tea'm Members Bill Newhouse and Marty Koch were also present. Bill Newhouse wasresponsible for the collection of evidence off the body of the victim and Marty Koch documented the autopsy

through photography.

EVIDENCE COLLECTION:

Prior to the washing of the body, evidence was collected by Dr. Corliss and provided to Bill Newhouse. Thevictim's clothing, to include one pair of black sweat pants, one pair of pink/purple panties, and a black tube topshirt, were collected. All clothing items were collected and packaged by Bill Newhouse. In addition to the clothingcollected from the victim, numerous hairs were observed on the victim's body. Bill Newhouse packaged them as

possible evidence. Several small metal flakes were observed in the victim's hair, and subsequently collected byBill Newhouse.

A sexual assault examination was conducted on the victim. The sexual assault kit was collected by Dr. Corlissand provided to Bill Newhouse for transmittal to the Wisconsin State Crime Lab.

In addition to the physical evidence collected from the body, blood, vitreous fluid, stomach contents, liver sample,and a kidney sample were collected by Bill Newhouse for transmission to the Wisconsin State Crime Lab.

The X-rays taken of the victim identified what appeared to be a broken tip of a knife lodged in the right side of thevictim's face. Dr. Corliss recovered an approximately 1-1/2 inch knife tip from the victim's face, which wassubsequently photographed and taken as evidence by Bill Newhouse. '

Dr. Corliss removed the bags from the victim's hands and subsequently clipped the victim's fingernails. Thefingernail clippings were taken as evidence by Bill Newhouse. In addition, the bags from the victim's hands were:aken as evidence by Bill Newhouse.

The victim was observed to have a gold ring on her right hand ring finger. That ring was removed and I collectedthat ring as evidence. The victim had a gold and diamond ring on her left hand ring finger. That ring wasphotographed and turned over to me for collection as possible evidence. The victim had two stud earrings in herright ear and two stud earrings in her left ear. Those earrings were removed and provided to me for collection aspossible evidence.

INJURIES TO VICTIM:

Numerous injuries were observed on the victim to include multiple blunt force injuries to the top, sides and back ofhead/scalp. Multiple stab wounds to the victim's face were observed, as well as multiple stab wounds to the backof the victim's neck. Multiple incised wounds were observed on the front of the victim's neck. Multiple stab

wounds were also observed on the victim's back and the victim's chest and breast area. One stab would wasobserved to the victim's abdomen.

Dr. Corliss observed no significant natural disease. Toxicology for the victim is pending.

FINGERPRINTING:

Bill Newhouse and Marty Koch took the fingerprints from the victim and maintained custody of those fingerprints atthe Wisconsin Crime Lab.

At the conclusion of the autopsy, Detective Buckner and I returned to Wausau while the body of the victim wasreturned to Wausau by Deputy Medical Examiner Finley.

DIGITAL IMAGING:

While at the autopsy, I took numerous digital images of the victim, possible evidence and the injuries injuries.Those images were downloaded at the Wausau Police Department.

ATIACHMENT:

~~~s_~ ~!;.~~~-L.-.. ~-:~-----'-,__-'-'-:--~----'--=~-~L~7iJ/2 O~!~~~ : ;;-_~-_~=:=:I~:~e-2_~~_~_,~~~-=,J


Supplement No

0037

NarrativeJniversity of Wisconsin School of Medicine Public Health - Preliminary Gross Anatomic Diagnosis ReportOne page handwritten receipt of physical evidence for items removed at autopsy by NewhouseOne page typed receipt of physical evidence for items removed at autopsy by Newhouse

[ReportOifitei ----------------]Prinled AI -----------r ~~005/BARN:ES !!'fA:r!H..:e:!"_~ - ~~I~~l20~Y__~~:~~ .___lP":qe 3 of 3 _

University of WisconsinSCHOOL OF MEDICINEAND PUBLIC HEALTH·

Forensic AutopsyServlc1Department of Pathologand Laboratory Medicinl

CORONER/SERVICE: Marathon County Medical SEX: FemaleExaminer (Finley)ASSISTANT: Terry Holder DATEITIME OF DEATH PRONOUNCEMENT:

5/2109,2041 hours

FACULTY: Robert F. Corliss, MD

~~~(Signature) t

<>/'-1 Of(Date)

PRELIMINARY GROSS ANATOMIC DIAGNOSES:1. Multiple sharp force injuries

a) Complex facial stab and incised woundsi) Knife blade tip recovered from right maxilla

b) Extensive incised wounds to anterior necki) Transection of right carotid artery and jugular veinii) Right neck stab wound penetrating pharynx

c) Multiple stab wounds to posterior neck and backi) Back stab wound penetrating to left upper lung lobe

d) Multiple chest stab woundsi) Transection of left 3rd ribH) Gaping incision of right 3rd intercostal spaceHi) Shaved injury to anterior heart/septumiv) Perforating left lung injuries (2)v) Left hemothorax (100-200 ce)

e) Single stab to abdomen with peritoneal and mesenteric injuryf) Sharp force injuries to right hand (consistent with defensive type injuries).

2. Extensive blunt force injuriesa) Multiple impacts to head with scalp lacerations and contusionsb) Multiple facial contusionsc) Patterned impact abrasions to dorsal right hand/wristd) Contusions and cutaneol!s stretch hemorrhages to proximal left arm/axilla.

3. No significant natural disease identified.4. Toxicology and histology pending.


Initial CallOn 05-02-09, I was off duty when I received a telephone call from Det. Barnes at approximately 1345 hrs. Headvised me that he was called by the patrol lieutenant who advised him of a homicide committed at 1208 S. 12thAve. Apt. #1. Det. Barnes told me he was enroute to the station and would meet with me there. I also had him callin 3-4 other detectives as I had to go home and change clothes before reporting to work.

Initial ResponseI arrived to work at around 1415 hrs., and spoke with Det. Barnes and Lt. Kolb. I was advised that Det.'s Bucknerand Hansen were also on their way in to work. I decided that we needed additional detectives for a canvas, so Icalled in Det.'s Knapp and Morris to assist. The crime scene was being protected by patrol, and Lt. Kolb hadcontacted the WI State Crime Lab for assistance in processing the scene. I was advised that they would bearriving in Wausau sometime around 1900 or 1930 hrs. I had direct contact with Agent Bill Newhouse atapproximately 1530 and he said he was on his way to Wausau along with another agent who would be assistinghim. In the meantime, I contacted the WI State Patrol and put in a request for their "Total Station" team to alsorespond to the scene. I later received a call from Trooper Ted Wait, (unk spelling), and he advised that he wouldalso be arriving in Wausau at approximately 1930 hrs.

I wanted to protect the scene until the crime lab personnel arrived, so in the meantime, while we were waiting fortheir arrival, all of the detectives met to determine the course of action for the investigation. Det.'s Knapp andMorris would do a neighborhood canvas, utilizing a canvas questionnaire I put together, (attached tro this report.)and Det.'s Buckner, Hansen and Barnes would begin following up on any leads that we had, and when the crimelab personnel arrived" they would assist in processing the scene. Capt. Hagenbucher also arrived to assist in theinvestigation.

I was told that Breanna had a cell phone that she regularly used and the number to that cell phone was .I was told that the cell phone was not seen in the apartment. We then tried to locate the cell phone by

having DeL's Buckner and Barnes respond back to the scene and actually ring the phone, to try and determine if itwas still in the apartment. Officer Klein was interviewillg Jose, the victim's fiance' and Officer Baeten wasinterviewing Hugo, the victim's fiance's brother. Jose had shared with Klein that when he Idt for work that

[~1~f~;~~:~~IG'TT~;i~d;~/~'OO~'~2 :131 pa~~ 1 of 3 ...-- '/


Suopjemenl No

0010

Narrativemorning, he remembered Breanna having her cell phone set on vibrate mode. Jose also remembered seeingBreanna texting on her cell phone before he left for work. (Jose also goes by the name of Sebastian)

They were unable to hear the phone inside the apartment. Oet. Buckner then suggested that I contact OCI torequest assistance in locating the cell phone.

I contacted OCI immediately and explained the situation. OCI advised me that they would be attempting to do aprecision pinpoint through Sprint utilizing an exigent request. Eventually, we were able to locate the cell phone. Itwas located later in the day. We were also able to recover cell phone files associated with the victims cell phone.In viewing the records it appears as though the last text message sent from the victim's cell phone occurred atapproximately 10:23 a.m. going to cell phone number

With this latest information, it appeared to us that someone removed her cell phone from the apartment andeventually dumped it into the dumpster, where it was eventually located. The cell phone was in a white plasticbag, and Det. Buckner located it after calling the victim's cell phone number and observing the white bag lightingup. We documented all license plate numbers associated with the parking lot where the cell phone was found. Thetime we were parked at the parking lot to the La Tequilla Salsa and (HOP restaraunts was between 2300 hrs and

0100 hrs. and the cell phone was located in a green Violia dumpster designated "cardboard only" that appeared tobe for recycling cardboard boxes. The only other apparent items in the dumpster were cardboard boxes that werebroken down so as to take up less space.

I also had contact with Rogelio Romano, via telephone, to get his permission to remove items from the dumpster.It appeared as though these dumpsters were used by both restaraunts. I was told that Rogelio is either the owneror manager of the Tequilla Salsa.

The license plate numbers located in the parking lot during the time we were there are as follows;

After collecting the white bag that the cell phone was in, we went back to the PO to discuss the progress of thescene processing as well as determine the next steps in the investigation.

I have attached all cell phone records received from Sprint as well as the questionaire used in the canvas. I will berequesting assistance from the DA's office in supplying the cell phone provider with the proper legal documents

allowing us permission to retain these documents.

Additonal Information

On 05-04-09, I was able to obtain the legal documents for the cell phone information and these documents weresent to Sprint via fax. Copies of those documents are also attached to this report. I was in contact with Sprint andwas told that they had not yet recovered the text messages sent and received on the morning of 05-02-09,however Sprint was still working on obtaining these records. Once received, they will be included on a differentreport.

Also on this date, Chief Hardel advised me that he was visiting the crime scene on 05-03-09, and at approximately1430, he observed a dark blue colored SUV drive into the entrance to the apartment complex. As soon as the;e~~!~~~;;_;~_--~---:_-:-----_--.~-~----~-_.---_:]~j~!~~L;~P-~:~~-~-~-~~-----_·-T;;;;-_~_~!__-~==--.~·_---]


Supplemenl No

0010

Narrativepeople in the vehicle. believed to be two females, realized that there were police cars in the complex, theyimmediately stopped their vehicle and backed out of the complex. The license plate on that vehicle was -

Attachments

-copy of the questionnaire-copy of the phone records provided by Sprint-original legal documents obtained from the DA's Office

!RnportOtilee-r ------.-- ... - ---- ..... --. '" .. . - -. -

L~~_"-.!!.~~..t. c.~l{~ T _ _. _ .__


[ 111m . tnvoIvemeni-'" '. !I, i"'u:;loIIV'7'

7 SEIZED PROPERTY NoDelCllptiondryer s~~et CMB8

S\1Oplemenf No

0069

!\ltIC'(' t! ~lf~~e5

of the above) PAPER 1In ~u51()dy"

Nofrom grj'/blk/wht glove CMB3a. -

"Anlcle.. -. _ Pieces

of the above) HAIR :1In CuSloUy"-'

No

1yp

'A

-_._-- ..__..- --_.-..------- ..----------~--.--------.--..- _._---_._-----------..-.. ----··-····-·-ryp-· ---.:A

Other (none of the above) BAG 1inVOlvement : In Custody?

10 SEIZED PROPERTY No ,tion -- ---- .--------.-.------- ..--------.--- ...----.- ..----- ----------ryp---- ..-·-..-----------·--·--·--i

hairstrand removed from bag CMBla :A .---------,-Art~-- ..iPieces---------·------·-------- ..--·---! HAIR

ACTIVITY·On 05-02-09 I spoke to Jose Sebastian Ramirez (Sebastian) who told me Breanna's cell phone number and thename of her cell phone provider: through Sprint. Sebastian did not have Breanna's cell phone anddid not know whether or not it was missing. Sebastian thought Breanna's phone may be set to the "vibrate mode".

Initial Attempts to Locate Cell PhoneWe were waiting for a search warrant for the apartment, as well as the arrival of the crime lab to assist us inprocessing the murder scene, and had not yet searched the apartment. ofc. Schremp was stationed in thehallway of 1208 S 12th Ave., outside of Breanna's apartment (apt. #1 ), protecting the scene. I told him I would becalling the cell phone and to listen at the door for either a ring or a vibrating noise. I called the phone at approx.4:54PM from my cell phone ofc. Schremp said he was unable to hear anything indicating thepresence of the phone.

Knowing the phone could still be in the apartment, yet in a spot inaudible from the doorway, Det. Barnes and Iresponded to the crime scene. I donned a new pair of shoewear coverings ("booties") and entered the apartmentat approx. 5:45PM. I walked nearer to the bedrooms located at the south end of the apartment, but remained inthe hallway. I called Breanna's phone four times (5:45PM, 5:46PM, 5:53PM, 5:53PM) but could detect no noise orvibration. I then left the apartment, having conducted no other activity.

I called Lt. Dunbar to request assistance from Department of Criminal Investigations (DCI) in contacting Sprint andpossibly locating the phone. At approx. 8:30PM Lt. Dunbar called to advise initial efforts to locate the phone had

indicated that Breanna's phone was not in the apartment.

Cell Phone LocatedBy approximately 11:OOPM we had received precision location information from Sprint which indicated Breanna'sphone was in the vicinity of the building housing the IHoP, and EI Tequila Salsa restaurants located at 2000 NMountain Rd. Capt. Hagenbucher, U. Dunbar and I responded to that area.

There was an outside dumpster area located west of the building. The dumpster area consisted of an enclosed,gated area housing dumpsters for grease and garbage. Located slightly northeast of the enclosed dumpsters wasa un-enclosed, stand-alone dumpster labeled "Veolia" and "Cardboard Only"; we checked this dumpster first.

rrinle~'"05/11/2009 11:38


Sup,llemenl No

0069

NarrativeI opened the unlocked. plastic lid of the dumpster. looked inside and observed flattened cardboard boxes andsome other packaging material. I called Breanna's phone number at approx. 11: 15PM and saw a plastic bagsuddenly illuminate from something within the bag itself; I did not hear a corresponding ring-tone. The bag whichheld the cell phone appeared to be a white plastic shopping/grocery bag and was located near the left front cornerof the dumpster. The bag was positioned in the dumpster as though someone would have just lifted the lid and

dropped it inside; as opposed to throwing it further inside toward the rear of the dumpster. Det. Hansenphotographed both inside and outside the dumpster prior to recovery of the bag. Again looking into the dumpsterit appeared the dumpster contents were mainly cardboard and other packaging materials (as opposed to garbagebags).

I donned evidence gloves and climbed into the dumpster. opposite the side where the bag was located. Icollected the bag as well as a crumpled napkin which was touching the bag. The bag contained other objectsbesides what felt like, and was later confirmed to be, a cell phone. I put the bag and napkin inside a paper bagheld open by Lt. Dunbar. I looked around more in the area of the dumpster where the bag had been and found anitem which appeared to be a dryer sheet that was crumpled and stained. I put that in another paper bag held

open by Lt. Dunbar.\

Marathon County Dispatch attempted to contact Veolia to respond and empty the dumpster, but could not reachanyone. I emptied the remainder of the dumpster but did not locate anything else of evidentiary value (thedumpster was refilled with the emptied content). Lt. Dunbar gave me the recovered items after I climbed out ofthe dumpster.

I took the evidence collected from the dumpster to the Wausau Police Department to store the items. I donnedevidence gloves and removed the plastic bag from the 'paper bag. The bag was knotted at the opening; wantingto preserve the knot, I opened the bag from the bottom using a scissors to make a small tear in the bottom andthen I pulled the bag apart enough to be able to remove items. I removed the items of the bag, placing them apartfrom each other on a large, new sheet of brown wrapping paper.

Description of ItemsAmong the items was a Palm 'Treo' cell phone with a missing battery cover. I powered the phone off and put it ina paper envelope. Also among the items were two wet, mismatched gloves turned inside out. One of the glovesappeared to be a black colored knit, the other was a black/gray/white striped knit with a possible bloodstain.There were also two pairs of women's underwear with possible bloodstains. I also coilected hairstrands from boththe bag (one strand) and the striped glove (several).

Det. Barnes photographed the items prior to my packaging them individually. I put each item into its own paperenvelope and put the items into a temporary evidence locker (t9) to dry (I maintained the locker key in a locked filecabinet). On 05-05-09, I sealed the items with evidence tape and submitted them to evidence locker 9.

Significance of Items Found in Dumpster

• White plastic bag containing cell phone. gloves. underwear: the bag had a logo with the phrase "Total TakeOut", the bag is the same type as those used by EI Tequila Salsa for carry-out orders (ref. supp. #61).

• Palm 'Treo' cell phone: Sebastian was shown a picture of the phone and identified it as Breanna's (ref. supp.#63). The phone had been missing the battery cover which was recovered at Breannas apartment by Det. Barnes(ref. supp. #26).

• Red/white underwear and blue underwear: Sebastian was shown a picture of a picture of both pairs ofunderwear and identified them as Breanna's (ref. supp. #63)

• Black knit glove: Sebastian was shown a picture of the glove and thought it looked like one from a pair givento Breanna by the manager of EI Mezcal (ref. supp.#63).

G Striped, multi-colored glove: this glove appears to be a match to a glove found in Raul Ponce-Rocha'sbedroom closet (ref. supp. # 47). ';Report 6ificer' .. Ptll,:.:~;,1

1_.?_9_7_4/.~UCKNER, CORD M 05111/? ()0 9 11: 38


H"flollcd Date

05/02/2009

Agency

WAUSAU ----------------SlRlsINCIDENT REPORT COMPLETED---------LocatiOn

1208 S 12TH AV #1RepDist

CWAUS SOUTHWEST AREA 1 PDD FIRE 40fIicet3005/Approving Olli

PDCTDlan Status

CONTINUEDE~ence Transmittal Form

Yes

Approval Date

05/09/2009Routing Information

DA

Reported Time Event No I!090047507 I-----~·---·-i

and non-negligent manslaughter J------- ~iTY OF WAUSAU =n~~~\~~_~=~=~-=_=~~~_

BeatSECD

Assignment RMS Transfer

Detective PendingApproval Time

21:22:55

Summa NarrativePossible blood stain evidence was collected from behind EI Te uila Salsa on 05-09-09.

tt·_~ .

Evidence Collection EI Tequila Salsa 05/09/09:

On 05/09/09 at approximately 10:18am, I received a phone call from Capt Hagenbucher reference the homicideinvestigation of Breanna Schneller. Capt Hagenbucher informed me he was currently out at EI Tequila Salsa withthe State Patrol mapping the parking lot. Capt Hagenbucher stated that he inspected the outside faucet of EITequila Salsa, and observed what he believed to be possible blood stains.

At approximately 10:30am I arrived at EI Tequila Salsa and met with Capt Hagenbucher. I made arrangements tohave evidence collection materials and a camera delivered to our location.

I took digital images of the external faucet on the north side of the EI Tequila Salsa building. I observed possibleblood stains on both the handle and the chrome pipe extending from the wall.

Officer Kickhaver positioned his squad car to the west of the faucet and turned on his video recording system todocument the collection of the blood stains.

Using swabs delivered by Officer Kickhaver I took three swabs of the chrome pipe extending from the wall. Thefirst swab was of the east side of the pipe, and is identified as MLB17 on the property custody form. The secondswab, identified as MLB 18 was a swab taken of the chrome pipe on the west side of the pipe. The swab identifiedas MLB19 was taken after removing the handle to the water faucet. MLB19 is a swab representative of all sides

of the chrome pipe.

MLB16 is the handle or knob to the outside water faucet, which I removed by using a Phillips screw driver.

I took MLB16-19 back to the Wausau Police Department where they were sealed and labeled and submitted intoevidence.

While at the scene Capt Hagenbucher provided me with a new unused paint can. I used my gloved hand andscooped up a handful of WQodchips from underneath the faucet and placed them in the paint can. J then provided


Supplemenl No

0050

Narrative~at paint can to Capt Hagenbucher.

I requested Officer Kickhaver follow Department procedures in turning his recording of the evidence collection intothe Wausau Police Department.

Captain Hagenbucher is completing the photolog for the pictures taken at EI Tequila Salsa on 05-09-09.

Attachments:

Two page Wausau Police Department property custody form.

Repolt Ollicer -----.---.-- ... ------------. Printed AI .------r-------- ..--..---J300S!BARNES ,~:!THEW.~. ._.. . ~~L~9/_~g09 _~..!...:_~_~_._. ..._~~.3~3_._ .._.. _


Supplwncnl No

0043

HcpOr1ed Dale

05/02/2009

and non-negligent manslaughterCity

CITY OF WAUSAU

RMS Transfer

Pending

Summa NarrativeOn 05-08-09 a search warrant was served at 716 Klckbusch St.• •• •

On 05-08-09 I assisted Det. Knapp with a search warrant at 716 Kickbusch St. in Wausau in regards to this case.See report form Det. Knapp in regards to'this warrant. This warrant was served at the home that Raul PonceRocha lives at. Claudia A Knight DOB 03-06-72 assisted us during this warrant as a interpreter. Det.Hansen was also with us at this time. When we knocked on the door, a man that stated that he was Raul's fathercame to the door. We asked him what bedroom that Raul slept in. We were then taken upstairs to a upper northeast bedroom. We were informed that Raul slept in the larger bed in this room, the bed that was located on thesouth side of this room. This bed was just a box spring and mattress on the floor with no frame. Det. Knapp thenstarted a search of this room.

While Det. Knapp was searching this room, I went downstairs, and with the assistance of Claudia, I interviewedRaul's mother, Maria Rocha Reyes DOB 11-15-68. This interview took place in the kitchen to this home. At thestart of this interview I showed Maria a photo copy of a photo of the black and white glove that was recovered withthe other items in the bag in the dumpster. That photo had been provided to me by Lt. Kolb. I asked Maria if she

had seen this glove before. Maria then provided me with the following information through Claudia. Maria statedthat she had seen that glove before, stating that glove had been in her car, the VW Golf that she owns. The samecar that she allows her son Raul to drive. She stated that the glove had been located in her car next to the gear

shifter. She stated that this glove had been there for some time, but now was gone. She stated that there wasonly one glove there, and that she had no idea who it belonged to. She said that glove was in her car approx. onemonth ago. She stated that she left it there because she didn't know who it belonged to. She said that the glove

is now gone, and she has no idea where it went.

I then contacted Det. Hansen. Det. Hansen turned on a tape recorder. Det. Hansen and I then re- interviewedMaria, asking her the same questions, but this time in a tape recorded interview. Maria was again shown thephoto of the glove found with the other items in the dumpster. Maria then provided me the same informationlisted above, this time in recorded interview. Claudia again assisted with this interview. Det. Hansen later turnedin the tape in regards to this interview. I later placed the photo that was shown to Maria in evidence.


Supplemcnl No

0043

Narrative\fter this interview I then assisted Det. Knapp and other detectives that later showed up at the scene with thesearch of this home. While assisting detectives, other detectives searched, and as they found items, they thenturned those items over to me. I then bagged the items. Some of the items found were clothes with stains, cash,a glove that matched the glove in the photo from the dumpster, women pantie's, a sex toy, along with other items.The items taken during this search warrant are listed on the evidence custody document, listing what was found,

who found the item, and where the item was found. All of these items were put in bags while at this scene.Rubber gloves were worn when this evidence was handled. See evidence document fore more information.

Later all of the items taken were packaged, and sealed at the Wausau Police Dept. by Det's Hansen, Bucknerand l. These items were then later placed into evidence.


SU~:Jlem~"1 No

0072

515 GRAND AVWAUSAU, WI 54403-6467

Reporled Dale

05/02/2009Nature of Call

MURDER

B (715)261-7800

F (715)261-7888

Agency

WAUSAU POLICE DEPARTMENTStatus

INCIDENT REPORT COMPLETEDI~2~S 12TH ~V ~-1--

Rep Dist ----------

CHAUS SOUTHWEST AREA 1 POD FIRE 4Officer

/3005/BARNES, THEW LApproving Officer

PDeTD1Case Status

CONTINUED

I Case No.09-4218I

'I Supplement No I Reported Date I Reported Time I Event No. 0072 i 05/02/2009 : 13:26 i 090047507 ---'

I

III

• Nature of Call

!Murder and non-negligent manslaughter" City I ZIP Code

,CITY OF WAUSAU !54401,. Beat

SECDAssignment

DetectiveI Approval Time!21:204:07

RMS TransferPending _

! Approval Date

i 05/11/2009: Rout,ng InformaUon

IDA

Summa Narrative

•Involvement I Invl No

Person 11RaceWhite (NCIC value)

I Type i Address

Work/Business ;4626 UNIVERSITY AVE------State I ZI? CodeWisconsin i53705Phone Type I p,,~~~,,-Work J

I Type'Individual

I Sex

Female: City

[MADISON

On 05-11-09 I met with DNA analyst Lisa Meisner at the Wisconsin Crime Laboratory in Madison. Lisa Meisnerprovided a verbal report of her preliminary laboratory findings. The following information was provided referenceDNA testing of evidence she had completed -

- A mixture of DNA was found on the plastic bag containing the victims cell phone recovered from the dumpsterbehind EI Tequila Salsa. Raul Ponce Rocha is included as a possible contributor to the DNA mixture foundon the plastic bag.

- A mixture of DNA was found on the grey, black and white striped glove found in the plastic bag described above.Raul Ponce Rocha is included as a possible contributor to the DNA mixture.

Analyst Meisner stated that the results outlined above are preliminary and have not undergone the "peer review"process. Analyst Meisner was unable to provide any statistical data during that meeting.

j RepoliOH,~~~j:'''-'.-.n,_ _." _. -- .h._. __ ·

l~~~~/~ARNES, M.'\'fTHEW Lj' t\ii·,i~~·j·A(·--jOS/l1/200921:24

criminal complaint - nasdaqmedia.graytvinc.com/documents/criminal+complaint+1.pdf · 2009-05-12 ·...

Documents