WGBA -Criminal Complaint for Therese Ziemann

Captain Paul Rusch, of the Calumet County Sheriff's Department [Primary Officer or Default Complainant, and Agency Name], being first duly sworn, states that:

Count 1: FALSE IMPRISONMENT - PTAC, AS A PARTY TO A CRIME

The above-named defendant on Thursday, July 30, 2009, at N4111 HWY 55, in the Town of Stockbridge, Calumet County, Wisconsin, as a party to a crime, did intentionally restrain Donessa T. Davis Sr., without that person's consent, and with the knowledge that she had no lawful authority to do so, contrary to sec. 940.30, 939.50(3)(h), 939.05 Wis. Stats., a Class H Felony, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than six (6) years, or both.

Count 2: FOURTH DEGREE SEXUAL ASSAULT

The above-named defendant on Thursday, July 30, 2009, at N4111 HWY 55, in the Town of Stockbridge, Calumet County, Wisconsin, did have sexual contact with Donessa T. Davis, Sr., without that person's consent for purposes of sexual humiliation, contrary to sec. 940.225(3m), 939.51(3)(a) Wis. Stats., a Class A Misdemeanor, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than nine (9) months, or both.

Count 3: MISDEMEANOR BATTERY

The above-named defendant on Thursday, July 30, 2009, at N4111 HWY 55, in the Town of Stockbridge, Calumet County, Wisconsin, did cause bodily harm to Donessa T. Davis Sr., by an act done with intent to cause bodily harm to that person, without that person's consent, contrary to sec. 940.19(1), 939.51(3)(a) Wis. Stats., a Class A Misdemeanor, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than nine (9) months, or both.

 [Count Banner, Charging paragraph(s)]

PROBABLE CAUSE:

 [Probable Cause section]

Complainant states that he is a Captain with the Calumet County Sheriff's Department and bases this complaint upon the reports and investigations of Deputy Chris Wendorf and Investigator John Dedering of the same department, Officer Fauske of the Kaukauna Police Department as well as the statements of Donessa T. Davis, Therese A. Ziemann, Michelle M. Belliveau and Wendy L. Sewell.  Complainant states that the above-named officers are presumed truthful and reliable as sworn law enforcement officials.  The statements of Donessa T. Davis are presumed truthful and reliable as made by a victim of a crime.  The statements of Therese A. Ziemann, Michelle M. Belliveau and Wendy L. Sewell, which were made against their penal interests, are presumed truthful and reliable.

Complainant states on July 30, 2009 Deputy Wendorf was dispatched to Lakeview Motel at N4111 Hwy 55, Room 10, Town of Stockbridge, Calumet County, Wisconsin for a report of a male party being assaulted.  Deputy Wendorf spoke with Donesse T. Davis.  Davis informed me that his hands and feet were tied with sheer sheets and was blindfolded with a pillowcase.  Davis informed Deputy Wendorf that during the incident, Ziemann was holding a gun and pointing it at him.  Davis informed Deputy Wendorf that Ziemann told him she wanted to tie him up and give him a rub down.  Davis indicated that Ziemann tied both his hands and legs to the bed and then blindfolded him.  Davis stated that Ziemann got him completely naked by cutting off his underwear.  Davis stated he then heard a knock on the door, was able to partially remove the blindfold and seen Belliveau, Hood-Davis and Sewall enter the room.  Davis stated he had seen Belliveau hand Ziemann a handgun which was approximately four inches in length and silver in color.  Davis stated that Ziemann pointed the handgun to his head and at his penis and stated "Your lucky they will not let me shoot."  Davis informed Deputy Wendorf that one of the women had superglued his penis to his right leg.  Davis stated that Sewall was telling him that she wanted to mace him.  Davis informed Deputy Wendorf that they had taken his cell phone, wallet and vehicle.  Davis stated Ziemann, Hood-Davis, Belliveau and Sewell all left the room while he remained tied to the bed.  Davis informed Deputy Wendorf that he struggled enough and was able to chew on the bindings that were on his right arm and was able to free himself.  Davis also informed Deputy Wendorf that Ziemann did punch him in the face a couple of times.  Deputy Wendorf did observe bruising on his left eye which appeared to be swollen.  Davis informed Deputy Wendorf that he did not give anyone permission for the incident to occur.    

On July 30, 2009, Investigator Dedering spoke with Theresa A. Ziemann.  Ziemann stated that she had met Davis on Craig List, ultimately fell in love and had rented a motel room for him for the past two months.  Ziemann stated she had given him approximately $3,000 total in which he stated he would pay her back.  Ziemann states that on July 29, 2009 Hood-Davis contacted her and informed her of Davis's criminal record and that Davis was married with children.  Ziemann stated that Hood-Davis also informed her that Davis was seeing other women and using them for money.  Ziemann stated on July 29, 2009 she also spoke with Wendy Sewell who confirmed this information.  Ziemann stated that Davis did not know his wife, Tracy Hood-Davis, was contacting all of his girlfriends.  Ziemann, Hood-Davis and Sewell decided that they should confront him at the same time without him knowing.  Ziemann stated "we had a plan".  Ziemann informed Investigator Dedering that she was suppose to be meeting him on July 30, 2009 at the Lakeview Motel at N4111 HWY 55, in the Town of Stockbridge, Calumet County, Wisconsin.  Ziemann stated that Hood-Davis, Sewall and herself were going to confront him then.  Ziemann informed Investigator Dedering that she convinced Davis to let her tie him up and give him a massage.  Ziemann stated that she tied his legs and arms one at a time and then cut his underwear off with a pair of scissors.  Ziemann informed Investigator Dedering she then texted the other girls "he's tied up."  Ziemann stated after he was tied up Belliveau, Hood-Davis and Sewall walked into the room.  Ziemann stated that Sewall asked Davis "which one do you love more?"  Ziemann stated she then asked "who do you want to grow old with?"  Ziemann stated that Hood-Davis commented to Davis "Wow, you really get small when your scared".  Ziemann stated that prior to her tying Davis to the bed Davis had stuck Ziemann on the right cheek and asked her "can you handle that?"  Ziemann stated that during the confrontation Ziemann slapped his face and asked "can you handle that?"  Ziemann stated that she grabbed some Krazy Glue and proceeded to glue his penis to his stomach.  Ziemann informed Investigator Dedering that Davis began to struggle and was trying to break free.  Ziemann stated that was when we all ran away because we were afraid of him getting loose and hurting us.  Ziemann did admit that she had come up with the plan to humiliate David and confront him.  Ziemann indicated that Sewall had mace on a key ring and held it up for Davis to see.  Ziemann indicated to Investigator Dedering that she did not have a gun but may have said to Davis "do you know how much I want to shoot you?"

On July 30, 2009, Belliveau provided a written statement.  According to the statement, Belliveau stated that when she arrived at the motel the door of the room was already ajar and Davis was tied up.  Belliveau stated that Ziemann, Hood-Davis and Sewall were talking to Davis while she remained by the door.  Beliveau stated that Davis began to struggle to get loose so she told Ziemann, Hood-Davis and Sewall that he has been humiliated enough and that we should leave.

Complainant states that on July 30, 2009, Officer Fauske made contact with Wendy Sewell.  Sewell indicated that she was dating Davis for awhile and just found out he was having sexual relations with five other women.  Sewall stated Ziemann, Hood-Davis and herself made plans to confront Davis.  Sewall stated she just planned to say a few things to Davis and leave.  Sewall indicated that when she arrived at the motel, Davis was already tied up.  Sewall stated she said a few things to him and told him never to contact her again.  Sewall stated that Davis started screaming for help so all of the women took off running.  Sewall stated that she did not see a weapon being displayed.  Sewall stated she did not know who took his vehicle and cell phone because when she got out of the room everyone else was already gone.  Sewall indicated to Officer Fauske that things got out of control. 

Based on the foregoing, the complainant believes this complaint to be true and correct.

Subscribed and sworn to before me,

and approved for filing on:

This _______ day of July, 2009.

                                                                                    Complainant

Kenneth R. Kratz [DA/ADA Assigned To]

District Attorney [DA/ADA Assigned To Job Title]

State Bar No.  1013996 [DA/ADA State Bar #]