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Niagara residents cited after incident in Pembine

February 18, 2010
By LISA M. HOFFMANN, Staff Writer

MARINETTE, Wis. - Two Niagara, Wis., residents have been issued county ordinance citations and a misdemeanor charge after an incident at a Pembine, Wis., dwelling.

An official at the Marinette County Sheriff's records department said Wesley Garrett Duarte, 18, and Jessica Lynn Gauger, 19, were cited for criminal trespass to dwelling and theft of movable property.

Duarte was also cited for criminal damage to property. The fine for the citations is $375 each.

According to the Wisconsin Circuit Court Web Access Page, Gauger is also charged with criminal damage to property, a misdemeanor. Her case remains open. Duarte's case is now closed.

Marinette County District Attorney Allen Brey said the police reports indicate these individuals were granted permission to be on the property. Brey said it was impossible to prove beyond a reasonable doubt that they caused the damage claimed to the property.

"Accordingly, I requested the police to issue citations where the burden of proof is much less than the criminal burden," he said.

The citations come after an incident at a dwelling on North Street in the town of Pembine. Officials reported a break-in occurred between Jan. 8-14. Duarte and Gauger were arrested on Jan. 14 and released on Jan. 16.

The Marinette County Records Department said the Marinette County District Attorney's Office requested citations be issued.

A relative of the individual who owned cabin said he is not happy with the outcome of the case.

"These individuals did so much damage. The insurance company reported nearly $10,000 in damage," he said. "How can this possibly be justice?"

Lisa M. Hoffmann's e-mail address is lhoffmann@ironmountaindailynews.com.

 
 

 

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