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DC judge refuses to reduce $10,000 cash bail for Wausau man charged with EM robbery

By LeAnn R. Ralph

MENOMONIE —  A Dunn County judge has denied a request to reduce a $10,000 cash bail for a Wausau man charged in connection with a Town of Elk Mound robbery.

Judge Rod Smeltzer denied the bail request during an initial appearance made by Brandon D. Hervey in Dunn County Circuit Court February 6.

Hervey was in custody at the time of the court hearing and appeared with attorney Shelly Tomtschik.

Tomtschik requested a speedy preliminary hearing for Hervey, and Judge Smeltzer scheduled the hearing for February 15.

According to the criminal complaint, the alleged victim of the robbery called the Dunn County Sheriff’s Department at 3 a.m. August 2 to report he had been severely beaten and robbed.

The alleged victim said Hervey had stayed at his residence in the Town of Elk Mound for about five days prior to the incident and had punched him several times while he and Hervey were riding in a car from Marshfield to Elk Mound.

When the two men arrived at the alleged victim’s house, Hervey entered the residence without permission. The alleged victim attempted to call 911 with a cordless phone, but Hervey slapped the phone out of his hand. Hervey also allegedly stole the alleged victim’s wallet and said he was “taking this too,” according to the complaint.

The man’s roommate took the alleged victim to Mayo Eau Claire, where he received extensive facial surgeries for injuries received when he was punched in the face. The alleged victim reported the battery to Marathon County.

During their investigation, Dunn County deputies found the alleged victim’s wallet on the road not far from the residence, but the wallet did not contain any cash, according to the complaint.

Marathon County issued an arrest warrant for Hervey, who was subsequently arrested in California and brought back to the Marathon County jail, the complaint states.

According to online court records, Judge Smeltzer issued a writ of habeas corpus on January 9 for the February 6 court hearing in Dunn County so that Hervey would be present at the time of the hearing.