William Zelenski at trial, June 19, 2023. PC: Fox 11 Online
WAUPACA, WI (WTAQ-WLUK) — Closing arguments will be held Friday morning in the case of William Zelenski, who is charged with intentionally killing Ryelee Manente-Powell for stealing his exotic pets. The panel will be able to consider a lesser count of second-degree intentional homicide.
Prosecutors contend Zelenski confronted Manente-Powell, purposefully shooting him at close range for the thefts. The defense argues the shooting was an accident after Manente-Powell reached for the shotgun.
Zelenski faces a count of first-degree intentional homicide for the Oct. 19, 2020 shooting. If convicted of that count, he faces a mandatory life sentence.
However, the jury will also be given the option of a verdict on a charge of second-degree intentional homicide, Judge Raymond Huber said Thursday. That charge has a maximum penalty of 60 years in prison.
The jury instruction outlines the differences of the self-defense argument in terms of the three possible verdicts: not guilty, guilty of first-degree intentional homicide, or guilty of second-degree intentional homicide:
The defendant is not guilty of either first or second degree intentional homicide if the defendant reasonably believed that (he) (she) was preventing or terminating an unlawful interference with (his) (her) person, and reasonably believed the force used was necessary to prevent imminent death or great bodily harm to (himself) (herself)
The defendant is guilty of second degree intentional homicide if the defendant caused the death of (name of victim) with the intent to kill and actually believed the force used was necessary to prevent imminent death or great bodily harm to (himself) (herself), but the belief or the amount of force used was unreasonable
The defendant is guilty of first degree intentional homicide if the defendant caused the death of (name of victim) with the intent to kill and did not actually believe the force used was necessary to prevent imminent death or great bodily harm to (himself) (herself)
Zelenski was questioned by his attorney Wednesday, with cross examination by Assistant District Attorney Veronica Isherwood taking all morning Thursday.
Her questioning focused on Zelenski’s prior police training on use of force, as well as the sequence of events involving the shooting. That included an exchange about why Zelenski believed he needed a gun against the unarmed Powell, who had just taken off his jacket:
Isherwood: “You’re saying you checked his (jacket), you checked it for weapons. He had no weapons in it.”
Zelenski: “That’s why I picked it up, yes.”
Isherwood: “He had removed his fanny pack.”
Zelenski: “Yeah.”
Isherwood: “And yet you went from the taser to the gun.”
Zelenski: “When he was running towards my car, yes.”
Isherwood: “Why would you take the gun? Wouldn’t the best thing for him to get in the car and leave?”
Zelenski: “Yeah, that would have been great if he did.”
Isherwood: “But you took the gun to stop him?”
Zelenski: “Not to stop him from getting in the car.”
Isherwood: “Why did you take the gun?”
Zelenski: “Because, like we said before, if he went into the car and got weapons, it would be appropriate to have the gun.”
Isherwood: “Why would it be appropriate to have the gun?”
Zelenski: “Like I said, if he grabbed a weapon out of the car”
Isherwood: “So you were defending yourself against something that might happen?
Zelenski: “That’s correct.”
According to the criminal complaint, Manente-Powell and Ashton Tody stole multiple animals, including a crocodile, bearded lizard, snakes, and other items. Tody was convicted on placed on probation for three years.
Manente-Powell’s mother, Tiffany Powell, was sentenced to 15 years in prison for her role in the sequence of events leading up to the murder, including pointing a gun at her son while he and Zelenski faced off in a Waupaca street.
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