TINA L. SCOTT
EDITOR
James Merkel, owner and operator of Jimbo’s Bar on East Main St. in Merrill, was arrested in the wee hours of Monday morning, Mar. 1, at his bar, for pulling a gun on an officer while intoxicated, when the officer responded to a 911-call hang-up from the bar.
According to the Mar. 1 criminal complaint, Lincoln County Dispatch received a 911 call from Jimbo’s Bar at 3:33 a.m. but was unable to understand the caller because of loud music in the background of the bar. The call was disconnected, and Dispatch attempted to call back, but those calls went unanswered. Merrill Police officers were dispatched to the bar to respond to the 911 hang-up.
When one of the officers initially responded, he “observed the owner of Jimbo’s Bar, the defendant James Merkel was present inside and wearing tactical body armor.”
The criminal complaint summarized the encounter, saying the officer “illuminated Merkel with his flashlight and Merkel reached into his armor and withdrew a revolver, later found to be fully-loaded and chambered in .357 Magnum.” The officer immediately took cover and contacted Dispatch for backup, and additional officers from both the Merrill Police Department and the Lincoln County Sheriff’s Department responded.
“Officers established a perimeter around the bar,” the complaint reads. “Merkel exited the bar unprompted, still wearing armor, with the revolver tucked between his body and the armor. Merkel did not obey the officers’ orders and officers went hands-on with Merkel, took him to the ground, disarmed him, and secured him in handcuffs.”
Based on Merkel’s lethargic physical mannerisms, slurred speech, watery eyes, and an odor of intoxicating beverages on his breath when he spoke, officers had probable cause for a search warrant to get a sample of Merkel’s blood. They sought and obtained the search warrant and then transported Merkel to the hospital for the blood draw.
While at the hospital, Merkel became upset with the two officers who were with him and Merkel “made statements suggesting that they had better watch out if they deal with him again.”
Merkel is charged with two felony counts of battery or threat to two local police officers, one misdemeanor count of operating a firearm while intoxicated, and another misdemeanor charge of resisting or obstructing an officer, with a modifier to include use of a dangerous weapon. If convicted of all charges, he faces a fine of up to $10,000 on each of the four counts, imprisonment for up to six years on each of the felony charges, imprisonment of up to nine months on each of the misdemeanor charges, plus the sentence can be increased up to six additional months for committing a crime while possessing a dangerous weapon, and/or a combination of fines and jail time.
Merkel was released March 1 on $5,000 signature bond with additional conditions. He must maintain absolute sobriety, may not possess or consume alcohol, and may not enter any premises licensed for the sale of alcohol except for the purpose of operating his business or employment purposes and living in the residence portion of the building where the place of business is located. Further, he is not to possess any dangerous weapons as defined by Wis. Statute, including firearems and body armor. Any and all of his firearms were to be surrendered Merkel’s father.
An initial appearance before Judge Jay R. Tlusty in Lincoln County Court, Branch 1, is scheduled for Mar. 19 at 1:30 p.m.