Document 6554653

STATE OF WISCONSIN
CIRCUIT COURT BRANCH 4
State of Wisconsin vs. Josiah G Onasch
JEFFERSON COUNTY
For Official Use Only
Judgment of Conviction
FILED
and $entence to the
Cou nty Jail/FinelForfeiture
Date of Birth: 0B-31-1991
10-03-2012
Clerk ol Circuit Court
Jellerson County
Case No. 2A12CFAAAA27
The defendant was found guilty of the following offense(s):
Violation
Ct. Description
lncest with Child
948.06(1)
Severity
Plea
Guilty
Felony
C
Trial
Date(s)
Committed
To
11-12-2008
on or between
January
CIate{si
Convicted
05-24-2AQ
1,
2011 and
$eptember 9,
2411
The defendant is guilty as convicted and sentenced as follows:
Ct. Sent. Date Sentence
1
10-01-2A12
1 10-0'l-2412
Len
Comments
Costs
LocalJait
1YR
10-01-2012
-$268 costs to be paid within 6
months. Failure to pay as
ordered will result in 15 days
jail consecutive.
FORTHWITH
- Huber for treatment purposes
only.
Jefferson
County Jail
Obligation Detail:
Ct. Schedule
1
Amount
Criminal court costs
268.00
Due Date
Failure to Pay
04-01-2013
Commitment
Action Victim
Obligation $ummary:
1
Fine &
Forfelture
Attorney I
Fees
Court Costs
Mandatory
VictimiWit.
Joint and Several
Restitution
't63.00
57o
Rest.
DNA Anal.
Other
13.00
Tolal
92.00
268.0
Total Obligations: 268.00
The following charges werE Dismissed but Bead ln
ct. Descri
2
Violation
'1st Degree Child
Sex Assault-Contact
.J
4
6
Date(s)
Read ln
05-24-201i
e48.02(1Xd)
Felony B
01-08-201
940.30
Felony H
Felony C
Felony C
01-08-2011 05-24-201i
07-a2-2U1 05-24-201i
12-08-2008 05-24-201i
dPerson under 1B-Useffhreat of
ForcelViolence (Actor is 18)
False lmprisonment
2nd Degree Sexual Assault of Child
2nd Degree Sexual Assault of Child
Date(s)
Committed
e48.02(2)
e48.02(2)
1
It is adiudgad that 60 days sentence credit are due pursuant to g973.155, Wisconsin Statutes.
frltt is ordered
CR-204(CCAP), 051201
1
that the Sheriff take the dofendant into custody.
Judgmenr ot Convjcrion
$$ 303.08(5), 972.13,972,14, Chaprer 973, Wisconsin Srarul,
Page 1 ol
This form shall not be modilied. ll may be supplemented with additional material.
STATE oF wIScoNsIN
STATE OF WISCONSIN,
Plaintiff,
JEFFERSON COUNTY
JAN SO ?01?
CRIMINAL COMPLAINT
VS.
JOSIAH
c
ADA: Brookellen Teuber
ONA$CH, [,Ul,V D.O.B.: 0Bt3
Hern: B;"ouoe EyEg : Bnewu HErerr: 5
N3020 Hwy 12
Fort Atkinson, Wl 53538
Defendant,
rr
DA Case#: 201 1JE001962
Agency #: 2$1-31016
Court Case # 2A12Cf
ATN: 28001000165338
11 rr.r WEteHT: 140 Las
57
Donald Hunter, of the Jefferson County Sheriffs Office, being first duly sworn on oath,
says that:
Count 1; INCEST
The above-narned defendant on or.between January 1,2011 and September g, 2011,
in the Town of
Jefferson, Jefferson County, Wisconsin, did have sexual contact with a cfriH tre knows
is related by blood or
adoption, to a degree of kinship closer than second cousin, to wit: sinfingft poB:
1;rtsgz), contrary to
sec' 948'06{1) Wis. Stats., a Class c Felony, and upon conviction ,a/oE}ined not more
than-one Hundred
Thousand Dotlars ($100,000), or imprisoned'not mori than forty (40)
Vliri, or Uotn.
{sr DEGREE CHILD sEx AS$AuLT-coNTACT Mfl cHtLD uNDER AcE 16-usElrHREAT oF
FORCE/V|OLENCE(ACTOR rS 1 8)
count 2:
The above-named defendant on saturday, January 08, 2011, in the Town of Jefferson,
Jefferson county,
Wisconsin, did have sexual contact with'a person *no nas not aftained
the age of sixteen,-*-aDgii:
I/1997), by use or threat of force or viotence and where the defendant has attained the age of 1g years
when the contact occuned, contrary to sec. 948.02(1i(di wis.
Stais., a ciass
rrr H,v
aro sr
uion conviction
-- r r.rr111l,
may be sentenced to a term of imprisonment not to exieea sixy (60)
v*rr,
And furthermore, invoking the provisions of wisconsin statutes 939.616(2)
and (3), the defendant being 1g
year$ of age or older at the time of the offense, the court
shall irnpos* , 6irir."ted sentence under s. g78.01,
The term of the confinement in prison portion of the bifurcated sentence
shall be at least 5 years. otherwise
the penalties for the crime apply, subjeit to any applicable penalty
enhancement.
Count 3: FALSE |MPR|SONMENT
1il,??"*",:?:?,?':.:fl"?fiiii3'dfl1y,"flj1, r:;;',n'lllxr',,.:? S,j:rt"*"j:l'!TJ *i#?ff;
fii"::s,::
knowledge that he had no iav'rful authority to do so, Ei?"ry to
sec. 940.30 ws. stats., a class H Felony, and
upon conviction may be fined not more than Ten Thousand Dollars ($1O,OOOI,
or imprisoned not more than six
(6) years, or both.
count 4: $EXUAL A$SAULT oF A cHtLD UNDER t6 yEARs oF
AGE
The above-named defendant on Saturday, July A2, 2A11, in the
Town of Jefferson, Jefferson County,
Wisconsin, did have
r'e $exuar
sexual Inrercourse
intercourse-rriiif,-"'inirO
wrth a child under
r;i.* the
the age of sixteen, {I
(DOB: l3lggi),
ctass c Fetony, and upon c6nviction may be fiqed,npt,rnore,rhan.one
flt:?y",:ff1;jj8ji,{lly,l.";l
Hundred Thousand ootiars ($100,000), or imprisoneO not
more than forty (40)
;;Jd".l
JA{'{ 3
1/6/2AQ
gcnnReS
* r{}lt
ffA*L& i",1*:li#Si:i1,f" t!srk
Courtt 5: INCEST
The above-named defendant on or between August 31, 2008 and December 6, 2009, in the Town of Jefferson,
Jefferson County, Wisconsin, did have sexual contact with a child he knows is related by blood or adoption, to
(DOB:
a degree of kinship closer than second cousin, to wit: sibling
contrary to sec.
948.06(1) Wis. Stats., a Class C Felony, and upon conviction may be fined not more than One Hundred
Thousand Dollars ($100,000), or imprisoned not more than forly (40) years, or both.
iI
)1995),
Count 6: SEXUAL ASSAULT OF A CHILD UNDER 16 YEARS OF AGE
The above-named defendant on or between August 31, 2008 and December 6, 2009, in the Town of Jefferson,
(DOB:
Jefferson County, Wisconsin, did have sexual contact with a child under the age of sixteen,
lf/1995), contrary to sec. 948.02(2) Wis. Stats., a Class C Felony, and upon conviction may be fined not
more than One Hundred Thousand Dollars ($100,000), or imprisoned not more than forty (a0) years, or both.
f
FAQTS: Your complainant, Donald Hunter, of the Jefferson County Sheriffs Office bases this complaint upon
the reports and records of said department which your complainant has relied on in the past and found to be
truthful and accurate. Therefore your complainant is informed and believes:
tS) o^
li{ oti.
Complainant states that Detective L. Meyer, acting in her official dldpacity with the Jefferson County Sheriffs
ggs) on
Department, met with citizen complainantsl (DoB:I1997) and
(DoB:
September 9, 2011 as part of an ongoing investigation. During this meeting, both
disclosed
ongoing sexual abuse at the hands of their adult brother, the above-named defendant Josiah Onasch.
U
I
Itt
andf
Counts 1 throuqh 4:
provided the fo.llowing staternent: that she has been sexually assaulted by the defendant on five or six
different occasions.
stated that the sexual activity included the defendanitouching her private parts
(which she identified by anatomical drawings as the vagina of a female and the penis of a male); penis to
vagina contact; penis to anus contact; and mouth to breasts.
stated that there were times when a "thick,
watery, yellowish/whitish" substance came out of the defendant's penis and got on her legs.
I
f
-
Idescribed
two specific dates of abuse. {Dstated that on Saturday, January 8,2011 the defendant
assaulted her one afiernoon at their home white their father was at work.
stated that she and the
defendant were in the defendant's bedroom in the basement of the home. The defendant forced her io do it by
threatening to hurt her favorite teddy bear if she didn't comply. Whenlried to resist the defendant, the
defendant tied her left hand to the bed post of his queen sized bed with a long piece of materialfrom a
volleyball net. The defendant took off his shirt and pants.
her shirl on, bui her pants were off. The
defendant then rubbed his penis on the outside of her vagina and she could tell that the defendant's penis was
long and hard at the time. Qstated that the assault enUeo when they heard her
come
downstairs. The defendant quickly untied her wrist and made her hide under the bed whenll came in the
room.
stated that the defendant atso kissed her neck and touched/kissed her breasts under her shirt
during the assaq!!. Complainant states that Detective Meyer verified that in January 2011;!fs father was
working at the
Saturdays between the hours of 6:00 a.m. and 2:00 p.m.
lf
Jkept
sisteD
f
inSon
described the second event as occuring on July 2,2Q11 when the defendant had a job working first shift.
The defendant would return home from work between 2 pm and 3 pm. At the time of the assault, hei sister
her mother were both out of the house at her mother's place of employment. The defendant told her
to "do it" with him again.
that she felt ashamed and embarrassed, but she engaged in the sexual
activity again.
that they were outside the defendant's bedroom door near the balement living
room area. The defendant was upset because his girlfriend broke up with him.
was lying on the
basement couch watching TV when the defendant grabbed her by the arm and pulled her oveitoward his
bedroom door. The defendant pulled down his pants and
suck on his penis, which caused her to
stated that she sucked on his penis untilfluid came out.
eand
gag.Il
Istated
Istated
!D
madef
Complainant states that on both January 8,2A11 and July
defendant was 19 years of age,
2,2011An
was 13 years of age and the
Counts 5 throuqh 6:
provided the following statement: that sexual activity between her and the defendant has occurred over
three (3) different time periods of their lives.
stated that the sexual activity would start and go on for a
period of time and then stop for a while, then start again, stop, etc. for several years.
statei that the first
sexual activity that occurred in their residence started when she was 13 years bl age ( Dec. 6, 200g through
De9' 6, 2009) and the defendant was 17 years of age (after August 31, zooal.
tnlt in" and the
defendant were in the exercise area of the basement and the d6fendant tried to ptr." his penis
in f,",. vagina
from behind until a white liquid came out of his penis. Idescribed heiseif as oeing on
her hands and knees
with the defendant placed behind her. The defendant offeredf money or someihi-ng in return
for the sexual
aciivity. Jstated that the sexual activity went on almost eve,{time her parents
were gone from the house
forapproximately four (4) months straight, sometimes two to three times p"r *"u[.
tr","t the sexuat
activity ended before she started menstruating at 14 years of age.
tf
-
fD
Srirt.J
'-"jgt;j
Complainant states that Detective Meyer met with the above-named defendant Josiah
Onasch on September
14, 2011. Following a waiver of his constitutional rights, the defendant provided
the following iniormation: that
he is the brother of both{I3ryot}ano that thJy used to reside todefui in
the same house. The
defendant admitted that both
ana ftouched his balls and wieier both over and under his ctothing.
When asked if the defendant touched either of their private parts, the defendant replied ,,1
believe so, and
stated it was both over and under clothing. The defendant further admitted that he prooabiy
ior.n"o 1.,ui,
private pads with his mouth, hands, and/or his private parts. The
defendant ioJntiti[Jth;]il;;ivate parts as
describing his balls, dick, wiener, penis- and butt. The defendant admitted that
sexual activity occurred
between himself and
The defendant went on to confirm that in the early part of July 2011,
J"sucked his dick" in his bedroom and that he was 19 years of age and she was 13 years of age when the
oral sex occurred. Tlp defendant ejaculated during this incident.
(D
both{Dandl
complainant states that each of the above-referenced sexual activities occurred
in the home of the defendant
at N3020 Highway 12 in the Town of Jefferson, Jefferson County, Wisconsin
Based on the foregoing, the
complainant believes this complaint to be true and correct.
Subscribed and sworn to before me,
and approved for filing,
this
ffiay
ot
Assistant District Attorney
State Bar
I'02? 8
#
tt
3
STATE OF WISCONSIN, CIRCUIT COURT,
COUNTY
State of Wisconsin, plaintiff,
Plea Questionnaire/
Waiver of Rights
_vs_
.lelrrh € anqsch
eF
Defendant Case No.
For Official Ltse
fir{ff,ry,:g,tr*
l'lAY 2
az
i lBlZ
J. B(}BllJS0l{, glerk
I am the defendant and intend to plea as
follows:
rg::Y!,'ff'Wlffi:*;
L_l see attached sheet for aoOitionaGnarges.
t am Od
r E oo
I E oo
I EI oo
i
years old. I have completed
- "n"'l"l.,r,gh 1.J . _years of schooling.
oo notschoordiproma, GED,
do
,^j"rl,"^o the Engtish language. or HSED.
t-r oo
,^iJ.r,"ro the chairge(s)tJwrrictr ram preading.
.]
I
ffi ;I:?:, E
a
not
not
;$;
a menta,i,,ness or disorder
;::'{yj:::ir;i:i:[::,ror
o,
I
ns, ;' il ; ffi ;;Ti-:X"rTi,*r-
:
i.:
"
"' "o
ho
m ed i ca ti o
th
CR-227, 05/04 piea euestionnaire/lrlaiver
of Rights
This form shail not be modified.
lt mav tre srrnntam6a+^i
1
wis.
stars..$gpnnecr
Plea Questionnairel Waiver of Rights
Page2
of2
Case No.
+sr3 cf e7
UI{6rstandin.qq
a
I understand lhat if I am pl€iced on probation and my probation is revoked:
..,ifsentenceiswithheld,ihejud$ecouldserilencimetothemaximumpenally'or:.:;.
r
o
.
if sentence is imposed and stayed, I will be required to serve that sentence
I under$tand that if I am not a citizen of the United States, rny pl.ea could resutt in depor.tation, the exclusion of.
admissiontothiscountry,or"the:denial.ofnafuralizetionqnde1federallaw..
.,..,
t'
.
.
q
I uirderstand thpl*f-l
grn convictod s{.ahy felony, I may not vote in any, eHction irnt'rl rny civil rights are restor6d.
I ' ''
l understand that if I am convicted of any violent felony, ii is unlawful for me to possess body arnior.
I urtderstand
-:r
:l- :
tharif lEm cohvicted of anyfetony, it is qntawful for me topossi;ss 6 fireeinn.
:.i
. j
.,
,
.i
:
I understand that if lam convicted.of a seriori*,ehitd sex offenss, I cannot engag*.in an occupation or participate,
.iR.ayolunteerpositionthatrequir'es*".ru**r,ilnt"**ip'i*iri}yandoireottywin.childrert.,undertneag}aot.
\, 16.
i . t und_erstand that if any chargres.are read-in ab part of a plea agreement they have the following effects:
' o Sentencing* although hs:judgrrinay cbnsidef read-ln cha'ges whan imposing sentence!, the,mbximum
',..:'pena!tyw|ll1oi:be.In9rF€ise$.::l:i:...-.'..'..
'r . .Rebtitirtbn;lmaypeyeglrirboto,:pay.fe$tituttc.n:on.anyiead-inchargas; . ,'.
.,:..1.:...].1.-...j.l.',,......:-.l
:.
,.Futureproseoption-.tnestaternaynotp1o,qecutemuto'anyread.in:ehar$es.
r, -
:
:
,un!.qrstaild'that,ii th9 iudoe'accep16 my plea, the judge will find me guitty of the erime($) to.which I am pleading,
laqgd qpon:the fag.ts;!4,the friminal epmpt?iptaqaiortrra.prbliminary examination and/or'as statod incqurt.
f
Voluntarv Plea
tIF
o enJelthis plea of my own free'will.I have not been threatened or forced to enter fii6 pbtr. No promises
have been made to me other than those ccr,ltained in.tne pfeaagieement.,The.plea agreerilent
will be stated in court or
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Defendant's Statement
ewed it with my.attomey (if
rpnracanlar{)
I l.r^.,^ ^^-r.,^-^!
^ri -- -- -r!
,i;:1::ylol,H:.1,::T1r1
,"J
;ti";'i;;;ff;;;';;;;#il";ffi".
i';1 Isring
i,r*"lions.rruthfuriv
Attornev's Statement
the
defendant
fendent understai
uriderstanrls.l?and the
tha ntoa
r^r^-r-,^
plea aft,a^,*^F)
'@defendant'lhavediscussed1his.documentandanyattachmentswitht#;"';*ni.,i.i;,,;;*".
agreement. TL^
The defendant
sq"i r-rq
is ,rq^rrrs
making this
p'tic' freely
tIrI> plea
intellioeptf$,r saw the o.*q"h"ftq-ign unJ iate
":trry'
'(##:"':
ihis document,
-s/*+/,a
CR-2?7; O5lO4 Plea euestionnaire/Waiver ol
Right.
This torm sha' rrot be modified. Il may be suppremented
with additrorral materiar,
page 2 ot 2
Wis. Stais. S371,O8