By Kim McDarison

Willie Hearn, a Whitewater resident who is alleged to have robbed a BP gas station and convenience store on the city’s west side, will appear before a 12-person jury in October.

Hearn, who remains in custody, appeared Monday by video conferencing before Walworth County Circuit Court Judge Peter Navis, at which time a trial date was set for Oct. 23.

According to information found on the Wisconsin Circuit Court Access website, Hearn, 68, was arrested in May. A $25,000 bond was set by the court.

Hearn was arrested by members of the Whitewater Police Department after the agency received a report of a robbery at a BP gas station and convenience store, also known as Raceway Food Mart, 1138 W. Main St., Whitewater.

According to information released by the department in May, a suspect displayed an object believed to be a weapon and forced a gas station employee to open the cash register. The suspect then stole the money from the register.

In June, the court bound Hearn over for trial.

He faced several charged, including a felony C count of armed robbery with threat of force, two misdemeanor A counts of resisting or obstructing an officer, a misdemeanor B count of disorderly conduct, and two misdemeanor U counts, including possession of cocaine and possession of drug paraphernalia. 

As documented on the Wisconsin Circuit Court Access website, charges filed against Hearn in May were dismissed in July.

On July 21, court documentation shows, All counts against Hearn were dismissed “on prosecutor’s motion,” however, on July 20, records show a new file was opened, again showing six counts, which, this time, included: a felony C count of armed robbery with threat of force, a felony I count of possession of cocaine, two misdemeanor A counts of resisting or obstructing an officer, a misdemeanor B count of disorderly conduct, and a misdemeanor U count of possession of drug paraphernalia. 

Under the new filing, on July 25, Hearn failed to make an initial appearance in court before Judge Kristine Drettwan.

According to the Wisconsin Circuit Court Access website, Walworth County Assistant District Attorney Zamir Abid stated that the defendant was served with a summons on July 23. The summons was served in person by the Whitewater Police Department.

Attorney Mackenzie Renner, representing Hearn, asked the court for “more time,” further requesting that the court not issue a warrant for Hearn’s arrest.

An arrest warrant was issued on July 26.

On that same date, Hearn, who was in custody, appeared in court via video conference before Judge David Reddy.

Court documentation notes that Hearn turned himself in.

A cash bond for Hearn was discussed and Renner requested for her client a preliminary hearing on a speedy bases.

A preliminary hearing is set for July 31.

On July 26, the court set a cash bond for Hearn in the amount of $10.000, with conditions that the defendant would have no contact or attempt to contact any victims associated with the case at their residence or place of business. The defendant also was ordered as a condition of his bond to have no contact with Raceway Food Mart.

On July 31, Hearn, who was still in custody, appeared by video conferencing before Judge Peter Navis. During the hearing, Renner requested an adjournment, saying that she had been unable to communicate with her client prior to the day’s hearing. A new court date was set for Aug. 4.

On Aug. 4, Hearn, again appeared by video. During the hearing, Walworth County Assistant District Attorney Andrew Herrmann called Officer Paul Bradley to the stand. The witness identified Hearn and an “exhibit 1” was identified, discussed, and received by the court. 

Renner cross examined the witness.

The court found probable cause that a felony had been committed and “that the defendant likely committed it,” and bound Hearn over for trial.

An arraignment was scheduled for Aug. 14.

On Monday, Aug. 14, Hearn, still in custody, again appeared via video conference before Judge Peter Navis. Walworth County Assistant District Attorney Samuel Berg also appeared in court.

Renner, on behalf of her client, pleaded not guilty to all charges.

She demanded a speedy trial.

The court set the date of Oct. 23 at which time Hearn will appear before a 12-person jury.

A pre-trial conference has been scheduled for Oct. 18.

Charges filed against Hearn carry the following penalties: a Class C felony is punishable by up to 40 years of confinement, a $100,000 fine or both. A Class I felony is punishable by up to 3-1/2 years in prison, a fine of up to $10,000 or both. A Class A misdemeanor can carry a fine of up to $10,000, up to nine month of confinement or both. A Class B misdemeanor can carry a fine up to $1,000 and up to 90 days of confinement. A Class U misdemeanor can carry a fine up to $1,000 and up to six months of confinement. 

An earlier story, published in WhitewaterWise’s sister publication, Fort Atkinson Online, is here: https://fortatkinsononline.com/court-binds-hearn-defendant-in-may-whitewater-gas-station-robbery-over-for-trial/.