Racine County removes hold on Wheatland sex offender placement

CrimeSceneTape web copyTorhorst rules Michael McGee, 55, released within 10 days

By Jason Arndt
Staff Writer
After three hours of testimony in Racine County Circuit Court Tuesday, Judge Allan Torhost ruled in favor of the Department of Health Services placement of convicted sex offender Michael McGee into the Town of Wheatland.

The placement at a residence at 32200 Geneva Road raised concerns, with neighbors citing a 1-year-old living in an adjacent property. The proposal sparked outrage at a May 11 Wheatland Town Hall meeting.

In the Tuesday ruling, Torhorst vacated the stay on placement of Michael McGee, established in a motion hearing last week and ordered Michael McGee released from Sand Ridge Secure Treatment Facility within 10 days.

Michael McGee
Michael McGee

Michael McGee, 53, had been convicted in 1987 of second-degree sexual assault when he burglarized a Racine residence, and later had his parole revoked in 1992 when he allegedly molested a 10-year-old nephew.

Since Michael McGee’s conviction occurred before 1990, language in state statutes do not deem him a serious sex offender.

According to Wheatland Town Attorney Todd Terry, the sticking point has been conflicting interpretations of Chapter 980, town ordinance and recently passed legislation, 2015 Act 156, barring serious sex offenders from living within 1,500-feet where a child lives and plays.

“There certainly are differences between our ordinance and the change in statute given the passage of Act 156,” Terry stated. “Act 156 was designed to insure placement of sexual offenders in their home county.”

Despite Wheatland’s interpretation of the law, DHS officials argued in Racine County Court they searched 28 counties and several leasing options to no avail.

According to Racine County District Attorney Rich Chiapete, who has fought for Michael McGee’s commitment every year since 2004, he was not given notice a child lives near where the placement is proposed.

In a letter addressed to Torhorst, he requested removal of the placement.

In addition to Chiapete’s request, and testimony from multiple Kenosha County officials, Torhorst still vacated the stay.

“The court concludes that since such information is not required by the state statute and upon testimony from at the hearing the court concludes the plan is in conformity with the statute both prior to and after the enactment of Act 156,” explained in a Racine County Circuit statement released.

In addition to a statement from Chiapete, testimony from Kenosha County Sheriff David Beth and Det. Dave Smith – four state legislators drafted a letter to Racine County court on May 12 asking Torhorst to reverse the decision – noting Act 156.

“Many courts were unable to place in the offending county because many municipalities had sexual offender ordinances,” Terry explained.

Terry stated Act 156 allows court authorities to modify or disregard local ordinances in placing Chapter 980 offenders.

“That said, 980 still prohibits placement within 1,500-feet of protected locations,” he said. “Our ordinance provided similar, but it was 2,500-feet the town designated as locations frequented by children.”

While the ruling did not go as planned for the Town of Wheatland, there is pending litigation in Kenosha County Civil Court, where a Wednesday afternoon hearing is scheduled to review a temporary restraining order on both DHS and a Fond du Lac-based landlord.

The other McGee removed from placement

In the May 11 Wheatland Town Hall meeting, Kenosha County Deputy District Attorney Michael Graveley told residents that he discussed placement for Robert McGee of Milwaukee County.

Robert McGee, 55, had been convicted in 1989 of first-degree sexual assault and after consideration from the DHS, they backed off the placement recommendation.

In Milwaukee County Circuit Court last week Thursday, they rescinded placement of Robert McGee.

For updates on this evolving story visit mykenoshacounty.com.


Posted

in

,

by

Tags: