By Bruce Vielmetti
The Milwuakee Journal Sentinel
A North Woods sheriff who tried to undo a friend’s drunken driving charge had to be set straight on the matter by the district attorney, who ordered the original citation reissued, records show.
Forest County Sheriff Keith Van Cleve argued that he had promised the driver he wouldn’t face a charge of operating while intoxicated, and that it was within the sheriff’s - or later, his deputy’s - discretion to change the ticket to driving left of center.
“As I have mentioned to you on several occasions, everyone is to be treated the same under the law,” Forest County District Attorney Charles Simono wrote to Van Cleve. “We are not here to give some people breaks and not others.”
The case illustrates the kind of roadblocks that remain to drunken driving reform in Wisconsin and could become an issue in the fall sheriff’s election between Van Cleve and Crandon Police Chief John Dennee. The two men hired Tyler Peterson, who killed six people in Crandon while off duty in 2007.
On March 14, a Forest County sheriff’s deputy pulled over a white pickup truck that was weaving back and forth at 3 a.m. on Highway 32 on its way into Wabeno. The driver appeared intoxicated, failed field sobriety tests and blew a 0.178 on a breath test, according to the deputy’s report.
Charles L. Marvin, 35, of Laona was arrested, taken to jail, booked and ticketed on charges of operating while intoxicated.
But the next day, Van Cleve told the arresting deputy to change the charges. A few days later, Deputy Tom Robinson voided the two OWI-related tickets and issued a new one operating left of center, as he had been “advised” to do, according to his report.
Soon after that, Simono heard about the matter and met with Van Cleve on March 22, according to Simono’s memos on the subject. Van Cleve apparently agreed to have the deputy re-issue the OWI citation, but by April 9, that had not happened.
“Please note that I have not forgotten the importance you expressed in keeping your word to Mr. Marvin that the OWI would not be issued,” Simono wrote. “However, as we discussed and agreed, the citations must be issued.”
Simono apparently also recorded his March 22 conversation with Van Cleve. WJFW, a Rhinelander TV station, aired portions of the recordings for a story July 13. Reporter Sarah Rasmussen said recordings were obtained from the district attorney’s office through an open records request.
When Simono asked Van Cleve how the case could be explained if it became public that a strong OWI case was changed to something less, the sheriff responds:
“I wouldn’t have a lot to stand on, of course. My only stand I would have is that he had a clean driving record, you know, he’s 36 years old, never had a ticket, would’ve cost him his job, the economy sucks, we’d give him a one-time break and he also got a ticket for left of center, and that would be my, my thing.”
According to Simono’s next memo, dated April 12, Van Cleve called back and wanted to know who was pushing the issue of the OWI. Simono said he was. Van Cleve also compared his decision to let Marvin go on the OWI to Simono dismissing a ticket in court. But the district attorney reiterated that he has never dismissed a first-offense OWI and would not if there is evidence to support the charge.
Two tickets, for operating while under the influence, first offense, and operating with a prohibited blood-alcohol level of 0.10 or more, were issued on April 15, according to court records.
Marvin has pleaded not guilty and is scheduled to go to trial on the charges July 22. His attorney, Barry S. Cohen of Elkhart Lake, declined to comment.
Van Cleve was sheriff in 2007 when off-duty Forest County sheriff’s deputy Peterson killed six people and injured another during a shooting rampage in Crandon. Peterson also was a part-time Crandon police officer, and now Dennee is running against Van Cleve in the Democratic primary for sheriff in September.
Van Cleve left a message in response to several calls from the Journal Sentinel in which he blamed the interest in the Marvin case on the election. He said he reissued the tickets after Simono explained how he believed he could win the case.
Dennee said he did not bring up the Marvin case and would not comment on it.
“I’m running a positive campaign on my own record,” he said.
Simono was appointed district attorney by Gov. Jim Doyle in 2008, replacing Leon Stenz, who was elected circuit judge for Forest and Florence counties.
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