Photo: Outagamie County Jail
APPLETON, WI (WTAQ-WLUK) – A judge dismissed Dezman Ellis’ attempt to withdraw his plea for the fatal shooting of Jovanni Frausto at the Fox River Mall in January, 2021. The action in court Thursday confirmed a previous filing by his attorney.
Ellis was 17 at the time of the Jan. 31, 2021 shooting, and 18 at the sentencing hearing. He’s now 22, serving his 40-year sentence after being convicted of second-degree intentional homicide and first-degree recklessly endangering safety.
Ellis had asked to withdraw his plea, saying Ellis believed that since prosecutors were asking for 15 years in prison, he didn’t believe he could get more than that. However, defense attorney Len Kachinsky later withdrew the motion.
Despite the motion withdrawal, the hearing before Judge Mark McGinnis took place as scheduled Thursday.
Kachinsky since the motion was filed, prosecutors turned over evidence of calls Ellis made from the Outagamie County Jail showing what he knew about the plea deal – details which would undermine the motion.
Outagamie County District Attorney Melinda Tempelis said she believed the motion had no merit.
Judge McGinnis, who presided over the case, also said he did not believe the motion had any merit.
Ellis agreed with the ruling today. But he also said he wanted to hire a different attorney to pursue the issue in the future. It was unclear if such a motion would be allowed.
Prosecutors said Ellis and Frausto were arguing about a girl, though Ellis denied that at sentencing.
Ellis is currently housed at the Waupun Correctional Institution, state records show.
Comments