Deer cruelty charges dismissed

WAUPACA - There was no defendant or defense attorney present, but several community members still filled the Waupaca County court room.

The hearing held by teleconference was for Nicholas Hermes, one of the three defendants accused of using snowmobiles to run over and kill a group deer.

"With that vicious behavior they deserve felony charges," said Virginia Niemuth, who owns the land where the deer were killed in the Town of Lind.

Niemuth went to the hearing after she heard felony charges were dropped against another defendant, Robby Kuenzi. A judge ruled that Kuenzi was hunting out of season and therefore there can be no cruelty to animals.

"I couldn't believe it that they said you could go hunting with a snowmobile," said Niemuth. "I mean that's ridiculous."

Robby Kuenzi's attorney, Thomas Johnson, says the lawyer for his client's brother, Rory Kuenzi, plans to make a similar defense. Hermes' attorney said in the hearing he will do the same.

"The state charged in the misdemeanor file several hunting violations against Mr. Kuenzi. Hunting out of season, hunting without a licence," said Johnson. "Obviously the state contends they were in the act of hunting so it can't be considered cruelty to animals."

The Assistant District Attorney for Waupaca County said they are in the process of filing an appeal with the Attorney General's office. Something he says could make all three of these cases last quite a bit longer.

"If it goes to the state Supreme Court, we could be looking at a year and a half until we have a resolution to anything," said Jim Fassbender. "We are in a procedural no-man's land where I've never been before."

While Hermes and Rory Kuenzi are still facing felony charges, the misdemeanor charges filed against all the defendants still hold up to 9 months in jail and thousands of dollars in fines for each count.