Jeremy Ratliff
Editor
A burglary case involving the break-in of a Gleason area tavern may be concluded as early as the end of April, following an unusual chain of events Thursday afternoon in Lincoln County Circuit Court.
40-year old Bradley D. Graap of Merrill was taken into custody in connection with the case and on April 5, Graap was charged with felony counts of burglary to a building or dwelling and possession of burglarious tools, as well as misdemeanor counts of criminal damage to property and theft of movable property under $2,500, all four charges carry a “repeater” sentence modifier. The charges are related to the Christmas Day burglary of Z’s Fork Horners Bar and Grill.
Graap was scheduled to return to court for a preliminary hearing Thursday afternoon, however during court proceedings Graap choose to not only waive his right to a preliminary hearing, but also the right to an attorney. Graap pled not guilty to all four charges, but indicated his willingness to settle the matter with Lincoln County District Attorney Galen Bayne-Allison. Presiding Judge Robert Russell explained the possibility of an attorney being appointed for Graap if he could not afford one, and the benefits of being represented by counsel, but Graap insisted he wanted to proceed without an attorney. Judge Russell also explained the reason for a preliminary hearing was to decide if enough probable cause existed to send the case to trial, and offered Graap the opportunity to question any witnesses called by Bayne-Allison. Graap declined.
“I don’t want to the cost the court any more time or money,” he stated.
During court proceedings, Bayne-Allison indicated he was not yet prepared to offer a sentencing recommendation in the case, but did state a possible plea agreement could entail a guilty-plea to Burglary to a Building or Dwelling, and the remaining three charges would be dismissed, but read-in for sentencing purposes. Bayne-Allison stated before he could finalize an offer, he would need time to gather information from the Wisconsin Department of Corrections. Rather than send the case to trial, Russell set a date for a status conference during which Bayne-Allison and Graap could discuss a possible plea agreement. That date has been set for April 25 at 8:30 a.m.
Following Thursday’s hearing, Bayne-Allison stated the turn the proceedings took is unusual.
“It’s pretty rare for a defendant to waive his right to an attorney and a preliminary hearing,” he stated. “The speed at which this case is moving in general, is pretty unusual. A plea agreement could possibly be reached at the end of the month and the case would be concluded.”
Bayne-Allison also explained the reason for the repeater modifiers on Graap’s charges indicate habitual criminality due to Graap being convicted of a felony within the last five years. On April 17 of last year, Graap was convicted of a felony-possession of Methamphetamine.
According to a criminal complaint filed by the Lincoln County Sheriff’s Office, in the early morning hours of December 25, 2018, deputies responded to a commercial burglary alarm at Z’s Fork Horners Bar and Grill located on County Road X in the Town of Schley. Upon arrival, deputies found entry had been forcefully made into the establishment via evidence of a pry bar being used. An employee on-scene identified three money bags containing $300 was missing from the establishment. Upon further investigation, a pair of latex gloves, a piece of black cloth and a green knit cap were found approximately a mile and a half from the establishment.
The items were later submitted to the Wisconsin State Crime Laboratory in Madison for further analysis. According to the criminal complaint, the items drew a match to Graap via the CODIS system (Combined DNA Index System). Graap was later identified as the male depicted in still-photos recorded by Z’s Fork Horners surveillance. The photos reportedly depicted Graap inside the establishment with a pry bar, just minutes before responding deputies arrived.
According to Z’s Fork Horners owners Ken and Tracy Zettelmeier, Graap had been previously employed at the establishment.
“We leased the business out for a period of time and it was for a few months during that time he was employed as a cook,” Ken said. “When someone breaks into your business they don’t understand how bad it actually is, you feel violated,” he added.
“Burglary really takes an emotional toll on a person. Tracy and I work our butts off to have a nice place, something we’re proud of, an establishment where people come and enjoy themselves. When we see someone standing inside our door with a crow bar at five in the morning, it feels like someone just punched you in the stomach. Nobody wants their belongings taken away from them and we’re no different. We hope this person really thinks about what he did while he’s incarcerated, and I hope he never does this to anyone else again.”