Racine judge OKs McGee release into Wheatland
By Jason Arndt
Staff Writer
While the Town of Wheatland awaits an appeal following denial to stay placement of a convicted sex offender, some elected officials have responded to a Racine County judge’s decision to allow Michael McGee to live in a property adjacent to where a 1-year-old lives.
State Rep. Tyler August of Lake Geneva, who cosigned a letter with three other lawmakers asking Racine County Circuit Court Judge Allan Torhorst to overturn a Department of Health Services recommendation May 12, expressed frustration.
Rep. August had been one of several elected officials involved in the passage of 2015 Act 156, barring violent sex offenders from living within 1,500-feet from where a child lives.
Additionally, Act 156 was passed to ensure convicted sex offenders are placed in their home counties.
“I’m very disappointed in Judge Torhorst’s decision to place a Racine-area sex offender into Kenosha County,” August said in a statement Friday. “It is extremely frustrating to have the judicial branch ignore a bill we passed in the legislature this past session to prevent this very thing from happening.”
Torhorst, who granted a stay in McGee’s placement May 11, later ordered his release into a residential setting within 10 days on Tuesday.
The Circuit Court judge ordered the release despite the objections of Kenosha County officials and local residents.
In the seven-page decision, Torhorst rejected arguments by Kenosha County officials that the proposed residence at 32200 Geneva Road was close to an area considered a park and that McGee would pose a danger to the 1-year-old.
Additionally, Torhorst rejected a request by Racine County District Attorney Rich Chiapete to overturn the ruling, noting he was never made aware a child lived nearby.
In the ruling, Torhorst wrote that McGee’s targeted victims are considered adult women and prepubescent males – not 1-year-old children. He also contends that a nearby bike trail does not constitute a prohibited zone for the placement of a sex offender under the definition of a park.
McGee had been convicted in 1987 of one count second-degree sexual assault and a count of burglary when he broke into a Racine home, and later had his parole revoked when he allegedly molested a 10-year-old nephew, according to a bulletin released to Kenosha County officials.
State Sen. Van Wannggaard of Racine, another cosigner of the May 12 letter, expressed disappointment in Torhorst’s decision via voicemail Wednesday night.
“I was very disappointed that the judge continued the placement,” Wanggaard said. “He probably followed the letter of the law, but not the spirit of the law.”
Interpretation of the law has been a sticking point, noting Act 156 along with Chapter 980, a designation given to sexually violent offenders.
Furthermore, Wheatland Town Ordinance includes a provision barring sex offenders from living within 2,500 feet where children frequent, noting the bike path and nearby river.
“There certainly are differences between our ordinance and the change in statute given the passage of Act 156,” Wheatland Town Attorney Todd Terry stated. “Act 156 was designed to insure placement of sexual offenders in their home county.”
In the Tuesday motion hearing, DHS officials reported they searched 28 counties and several leasing options for McGee, to no avail.
“Many courts were unable to place in the offending county because many municipalities had sexual offender ordinances,” Terry explained.
After the ruling, Terry filed a motion to stay the placement, pending a Court of Appeals hearing, had it denied.
“I had a hearing before Judge Torhorst earlier (Thursday) seeking a stay of his order, pending the Court of Appeals hearing my appeal,” Terry said.
“He denied that motion,” he stated.
Rep. August and Sen. Wanggaard acknowledged they are limited in what they can do, but stated they have plans to examine Act 156 in the next legislative session.
“Although there is nothing legislatively I can do to stop this current situation, I look forward to working with my colleagues in the legislature next session to ensure this doesn’t happen again,” August stated.
Wanggaard, concurred, stating he will discuss it “with local elected officials.”
The proposal to place McGee at the Wheatland residence sparked outrage at a May 11 Wheatland Town Hall meeting.