By LeAnn R. Ralph
MENOMONIE — A 27-year-old Wausau man has been found guilty of misdemeanor bail jumping while charges of theft and criminal trespass to a dwelling were dismissed but read into the court record for sentencing.
Brandon D. Hervey appeared in Dunn County Circuit Court for a plea and sentencing hearing before Judge Rod Smeltzer on December 13.
Hervey initially was charged with one felony count of robbery using force and one misdemeanor count of criminal trespass to a dwelling.
Judge Smeltzer accepted Hervey’s plea of “no contest” to the misdemeanor count of bail jumping and dismissed the other counts of theft and trespassing but read them into the record for sentencing.
Hervey was sentenced to time served in the Dunn County jail and was given 229 days of credit, was ordered to pay $550 in restitution and also was ordered to pay $243 in court costs and a $200 DNA surcharge.
According to the criminal complaint, the alleged victim of the robbery in the Town of Elk Mound called the Dunn County Sheriff’s Department at 3 a.m. August 2, 2017, 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, according to the complaint.
Judge Smeltzer initially set a cash bond of $10,000 for Hervey during a November 6, 2017, court hearing.
At the time of the plea and sentencing hearing December 13, Hervey was still in custody at the Dunn County jail.
