Move due to conflict of interest, prosecutor says
By Jason Arndt
Staff Writer
The trial of a Twin Lakes man accused of a Christmas morning beating has been put on hold, after a Kenosha County Circuit Court judge stepped away, citing conflict of interest according to Assistant District Andrew Burgoyne.
Alexander Garcia, 25, was bound over for trial on charges of felony aggravated battery with intent to cause great bodily harm on allegations he beat 58-year-old Thomas Eppers Sr.
In Friday’s final pretrial hearing, Circuit Court Judge Mary Kay Wagner excused herself from the case after realizing she could be related to the victim, Burgoyne said.
“Judge Wagner recused herself from the case and concluded it was in the best interest of the parties,” Burgoyne said. “I think it was the right thing for her to do.”
Garcia, who remains in jail, was intoxicated when he allegedly struck Eppers with a bat, according to a criminal complaint.
The complaint contends that Garcia repeatedly beat Eppers in the head and torso, which rendered him unresponsive by the time officers arrived.
The complaint contends that Garcia said he did not “remember whether there had been an altercation, and that is what happens when people drink.”
Twin Lakes Rescue transported Eppers to Aurora Memorial Hospital in Burlington, where Flight for Life helicopter airlifted him to Froedtert Hospital in Wauwatosa.
Garcia, who was staying at the residence with Eppers’ daughter, Abigail, had a previous altercation with Eppers, the complaint alleges.
In a January preliminary hearing, officers testified that the altercation took place in La Crosse, where Garcia was allegedly rude to the family.
Eppers Sr. responded, with claims he threw Garcia into a nearby body of water.
While there have been no updates on Eppers’ status within the last two months, he most recently was able to walk, according to the Caringbridge website set up by his family.
If convicted, Garcia faces maximum imprisonment of 15 years.