Convictions, dismissals of criminal cases in Waupaca County Circuit Court
By Robert Cloud
• Judge Raymond Huber sentenced David D. Cole, 42, Oshkosh Correctional, to 7 1/2 years in state prison with five years of extended supervision.
The judge also ordered that 25 percent of Cole’s earnings and accounts while in prison be deducted to go toward paying $97,000 in restitution.
Cole was convicted of three counts of burglary, while two counts of burglary and five counts of theft were dismissed but read into the court record for sentencing purposes.
Cole was involved in multiple break-ins in the town of Dayton in December 2013 and January 2014. In one burglary, he stole more than $40,000 in cash and seven guns.
Cole has spent much of his adult life behind bars.
In 1995, Cole was sentenced to 30 months in prison after his probation was revoked on convictions of battery, escape and marijuana. Three years later, he was sentenced to 18 months in state prison after being convicted for battery as a habitual criminal.
Cole is currently serving an 18-month prison sentence for a September 2014 conviction of felon in possession of a firearm in Outagamie County.
He was also sentenced in January 2015 in Waushara County to five years in prison for burglary and receiving stolen property.
• Judge Philip Kirk sentenced Walter W. Tankersley III, 36, Waupaca, to 19 months in state prison and one year in county jail to be served concurrently.
Tankersley was convicted of failure to report to jail, misdemeanor theft and felony bail jumping in three separate criminal cases from 2014.
In September 2013, Tankersley was convicted of battery and misdemeanor bail jumping and placed on two years of probation.
On March 6, 2014, Tankersely’s probation was revoked, and he was sentenced to six months in jail, to commence in 30 days.
On April 11, 2014, Tankersley failed to show up at the jail, so a warrant was issued for his arrest, and he was charged with failure to report to jail.
On May 12, 2014, he appeared in court and was remanded to the jail.
On Sept. 2, 2014, Tankersley was charged with theft, illegal possession of prescription drugs and two counts of felony bail jumping.
On Sept. 5, 2014, he was charged with two more counts of bail jumping. Judge Kirk set a $25,000 cash bond, and Tankersley has since been in the county jail until he is sent to prison.
• Judge Vicki Clussman placed Jonathon R. Metzahl, 27, De Pere, on two years of probation, ordered him to perform 40 hours of community service, assessed him $518 in court costs and revoked his license for nine months.
Metzahl was convicted of felony fleeing of an officer.
• Kirk placed Christopher M. Fisher, 28, Waupaca, on three years of probation and set as a condition of his probation that he not possess any illegal substances or go on any premises where contraband may be present.
Fisher was convicted of felony drug trafficking as a party to a crime. A misdemeanor charge of child neglect was dismissed but read into the record.
Kirk also sentenced Fisher to nine months in jail after revoking his probation on a misdemeanor charge of criminal damage to property.
• Kirk stayed a 60-day jail sentence and placed Joseph M. Conley, 53, Waupaca, on two years of probation.
Conley was convicted of two counts of misdemeanor theft. Two felony counts of burglary were dismissed but read into the record.
Kirk also ordered Conley to pay $1,706 in restitution and court costs, maintain absolute sobriety and report all prescriptions to the probation agent.
• Kirk placed Daniel R. Diedrich, 19, Waupaca, on one year of probation and assessed him $1,003 in restitution and court costs.
Diedrich was convicted of criminal damage to property. Two counts of theft and one count of burglary were dismissed but read into the record.
• Kirk placed Kendell E. Koch, 18, Campbellsport, on two years of probation and stayed a sentence of 60 days in jail.
Koch was convicted of two counts of credit card fraud. Eleven counts of credit card fraud and one count of bail jumping were dismissed but read into the record.
• Huber placed Raymond J. Magruder, 20, Waupaca, on 7 1/2 years of probation and stayed a sentence of 180 days in jail.
In three separate criminal cases, Magruder was convicted of two counts of burglary, illegal possession of prescription drugs and felony bail jumping.
Three counts of burglary, five counts of theft, possession of narcotics and obstructing an officer were dismissed but read into the record.
As conditions of his probation, Magruder must pay $16,030 in restitution and court costs, maintain absolute sobriety, report all prescriptions to his probation agent and maintain either full-time employment or obtain a graduation equivalency degree.
• Kirk placed Sam A. Lehman, 37, Waupaca, on three years of probation with the conditions that he pay $804 in court costs, not possess any illegal substances, not go upon premises where he believes contraband is present and report all prescriptions to his agent.
Lehman was convicted of drug trafficking, felony delivery of marijuana and felony bail jumping. Five other drug-related charges were dismissed but read into the record.
• Clussman placed Rachelle N. Rast, 22, Waupaca, on two years of probation and ordered her to pay $696 in court costs.
Rast was convicted of two misdemeanor counts of credit card fraud as party to a crime. Two felony counts of mail fraud, one felony count of forgery and two counts of misdemeanor theft were dismissed but read into the record.
• Huber placed Edward J. Stemwedel, 23, Weyauwega, on three years of probation, sentenced him to 30 days in jail and stayed a 90-day sentence to be used at the probation agent’s discretion.
In three separate criminal cases, Stemwedel was convicted of conspiracy to commit forgery, attempted forgery and possession of drug paraphernalia.
Charges of forgery, possession of narcotics and felony bail jumping were dismissed but read into the record.
Huber also ordered Stemwedel to pay $1,609 in court costs and maintain full-time employment.
• Kirk placed Kyle E. Tiegs, 32, Amherst, on two years of probation and stayed a sentence of 60 days in jail.
Tiegs was convicted of child neglect and two counts of misdemeanor bail jumping.
Kirk also ordered Tiegs to pay $1,129 in court costs, attend a parenting class and to have no unsupervised contact with children unless authorized in writing by his probation agent.
• Huber placed Michael J. Klein, 29, Waupaca, on two years of probation.
Klein was convicted of felony possession of narcotics. Charges of misdemeanor bail jumping and possession of marijuana were dismissed but read into the record.
As conditions of probation, Huber ordered that Klein not possess any illegal substances, not go on any premises where contraband may be present and inform his agent of any changes in his prescription medications.