Judge denies Sheriff Clarke push for charges after alleged death threat
MILWAUKEE - The Milwaukee County Sheriff made his case for charges against a man who allegedly made a death threat against a Madison-based radio host, but a judge chose not to listen.
Sheriff David Clarke said he was disappointed that a judge agreed with the Milwaukee County District Attorney's office in issuing a citation, but not pressing for charges, against Timothy DeMeuse.
The DA's office only cited DeMeuse with disorderly conduct for the alleged threats against Vicki McKenna.
"She's not happy that (Deputy District Attorney Jeffrey) Altenburg decided to suggest that a county ordinance citation should be issued," said Clarke.
DeMeuse allegedly admitted to writing a post on Facebook which was eventually forwarded to McKenna.
"Here's your real (expletive) threat, (expletive). Come get me. I don't even own a gun. I can make as many threats as I want. I hope someone kills you. I am going to shoot you in the face and rape your dead corpse."
"You can't threaten to shoot someone in the head, and rape their dead corpse and have that be the level of a parking ticket," said Clarke.
"The investigation did not support criminal charges we do think it's appropriate that the person is held accountable. And they have agreed to be held accountable," said District Attorney John Chisholm.
Chisholm further responded that he can only issue charges that he can prove beyond a reasonable doubt.
"Was it a true threat? The people we talked to (in) his circle of friends said they did not take it as a true threat," explained Chisholm. "With Facebook, the difference between posting and sending is significant. It's legally significant."
For this issue to become a crime, Chisholm says the state legislature needs to change the law.