A note on the door of a Brown County courtroom indicates a hearing is closed to the public Jan. 18, 2023, as a 16-year-old charged in connection with the Pulaski bonfire explosion appears in juvenile court. PC: Fox 11 Online
GREEN BAY, WI (WTAQ-WLUK) – Prosecutors dropped their request Wednesday to have a teenager moved to adult court for his alleged role in an explosion at a bonfire near Pulaski. The case is expected to be resolved at a hearing next month.
Multiple people were injured when a partially filled drum of diesel & gasoline was tossed on to a fire at a home in town of Maple Grove on Oct. 14, causing an explosion.
The 16-year-old was charged in Brown County juvenile court with two counts of first-degree reckless injury and one count of first-degree recklessly endangering safety. Although the incident took place in Shawano County, juvenile charges are filed in the county where the suspect lives.
State law prevents media outlets from identifying suspects in juvenile court cases.
The Shawano County Sheriff’s Dept. said in November it also requested charges against two other people, but, so far, the Shawano County prosecutors have not filed any charges in the case.
Although the state had filed a motion to have this teen’s case moved to adult court, a ‘consent decree’ to resolve the case and keep it in juvenile court was reached, Assistant District Attorney Tim Greenwood said in court Wednesday.
During the hearing, Greenwood described how another male had badgered the person who rented the home to throw a barrel with a gasoline-diesel mix on to the fire for several hours. Eventually, the resident relented, and gave permission. When the male couldn’t do it himself – due to the weight and condensation – he asked the defendant in this case for help.
Greenwood told Judge Timothy Hinkfuss keeping the case in juvenile court makes sense, given the totality of the circumstances.
“We believe that this appropriate because of the level of culpability this juvenile has in the entirety of the situation and the result. We don’t believe that there was intent for him to harm people. It’s a different level of culpability this juvenile has,” Greenwood said.
Defense attorney Nila Robinson agreed the case should remain in juvenile court.
“I think what is most important is that the original charges in the delinquency petition has an element – something I don’t think the state can prove – and that is that (my client) appreciated at the time he participated in putting that barrel on the fire the gravity of the risk being created or the magnitude of the hazard,” Robinson said. “The harm caused is huge, and the harm intended was zero.”
She also noted the teen has no record of being in trouble. A defendant’s juvenile court history can be considered when deciding if to move a case to adult court.
While the plea deal has been reached, it was not finalized in court Wednesday, so that the victims can be notified and be able to offer comments at the disposition hearing next month.
The parent of one victim attended the hearing, but told the judge he would wait for the next hearing to comment.
Details of the consent decree, including what charges the teen may be found delinquent of, were not outlined verbally in court. Details of the joint recommendation for the sentence were also not discussed, except for Robinson noting it because was an underage drinking party, an alcohol assessment is a part of the agreement.
The teen continues to live at home while the case proceeds.
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