Miles Cruz PC: Fox 11 Online
GREEN BAY, WI (WTAQ-WLUK) – As the Department of Corrections prepares its pre-sentence report for Miles Cruz for his conviction of attacking a woman on a De Pere trail, it has asked the judge to approve a ‘psycho sexual evaluation’ of Cruz.
Cruz, 18, pleaded no contest in October to four charges for the Oct. 5, 2021 incident on the East River Trail. Cruz faces up to 116 years in the prison system. Prosecutors will cap their recommendation at 40 years in prison and 15 years of extended supervision. The defense can argue for whatever term it deems appropriate. Judge Tammy Jo Hock is not bound by those recommendations when she issues her sentence at the Jan. 6 sentencing hearing.
Before sentencings, the Dept. of Corrections typically prepares what’s known as a pre-sentence investigation. The PSI includes interviews with the defendant and others, offers evaluations of several factors, and includes a sentencing recommendation.
In a letter to the judge, probation and parole agent Tracy Heaney requested the additional evaluation as part of that process.
“The justification for this request is due to the nature of the offense, Mr. Cruz’s age, and to evaluate his overall risk. This evaluation would allow this writer the ability to determine an appropriate sentence recommendation as it would apply to his risk. An evaluation would allow a targeted assessment of his mental health, sexual dynamics, and both his mitigating and dynamic risk factors, and how each might be related to each other,” Heaney wrote.
If approved, the order would allow a DOC psychologist to evaluate Cruz.
A hearing has been scheduled for Friday morning for Judge Hock to rule on the request.
According to the criminal complaint, the victim was walking on the trail with her son Oct. 5 when the attack happened. Prosecutors allege Cruz put a sweatshirt over the victim’s head, pulling her backwards. The victim told police she fought to get away, but the attacker squeezed her neck, causing her to lose consciousness. However, she did remember being sexually assaulted.
Police found Cruz’s backpack in the area, and later found him, as well. He said he had slept in a nearby park in Allouez. DNA evidence tied Cruz to the victim, the criminal complaint says.
Comments