James Shields appears in Winnebago County court Nov. 28, 2006. PC: Fox 11 Online
OSHKOSH, WI (WTAQ-WLUK) – An appeals court denied James Shields’ bid to be released from the secure psychiatric facility he was committed to after killing his neighbor in 2006.
Shields was convicted for the murder of Charles Rayner, who was stabbed more than 140 times in Oshkosh. However, Shields was then found not guilty by reason of mental disease, and committed to a psychiatric facility.
Rayner was remembered by his friends, who honored his last wish for his remains to be cremated and placed in a beer bottle at his favorite tavern.
Although the commitment is for life, Shields can petition for conditional release. His latest case is an appeal of circuit court denying his release. He argued the state did not meet its burden of proof.
In an 11-page decision Wednesday, the appeals court disagreed.
“We agree with the State. The record establishes that the circuit court applied the correct burden of proof—clear and convincing—and assigned that burden to the State,” the court wrote. “As detailed above, the State offered clear and convincing evidence of dangerousness. The circuit court relied on this evidence when making its determination.”
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