Alicia' Story
27 News Headlines
Dog Attack
Fri 02-15-2002 , 3:09 pm
Ten-year-old Elroy girl killed by dogs.
(Elroy-AP) -- The six Rottweilers that killed a ten-year-old girl in Elroy have been euthanized.
That's the word tonight from Juneau County Sheriff Brent Oleson.
He says the dogs were destroyed after the owners gave permission.
Ten-year-old Alicia Clark was playing at her best friend's house when she was mauled to death Thursday night.
The sheriff says investigators will meet with the district attorney next week on possible charges in the case. He says no one is in custody.
The girl's funeral is Monday.
Dog Attack - UPDATE
Mon 02-18-2002 , 8:59 am
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DOG HOUSE: Alicia Clark was attacked by 6 dogs in this home in Elroy.
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Mauled girl remembered as caring and helpful.
ELROY, Wis. (AP) Friends and family gathered Monday for the funeral of a 10-year-old girl, who a chaplain said was "snatched from our lives" when she was mauled to death last week by six Rottweilers while she played at her best friend's home.
Family friends Brian Wells and Jenny Brach recalled how Alicia Lynn Clark often came to their house and asked for a soda. Brach said she would never forget Alicia's "puppy dog eyes." "Oh, how we loved that little girl," Brach said in a tribute during the service at Picha Funeral Home in Elroy, a city of 1,500 people.
Many of the mourners were young friends and classmates of Alicia's. Some wore round buttons with a picture of her and the words, "In loving memory," and stood on tiptoe to grab tissues from a bureau in the entryway.
Her pink-trimmed white casket was surrounded by pink, red and white heart-shaped balloons that read "I love you" and topped with small pink bouquets and a blue teddy bear.
The Rev. Jeffrey Fairchild said he struggled to find the right words to comfort Alicia's parents, Tammy Shiflett and Jim Clark, after Thursday's tragedy. "There are going to be those days of wondering what could have been, those days of wondering what kind of person Alicia would have been," Fairchild said. "There's going to be an inner ache that can never be filled."
Alicia's father said the dogs' owner rushed over and brought him to the home after the attack. He found his mortally injured daughter covered in blankets and discovered that no one had called the police.
All six dogs were euthanized after the owners gave permission, Juneau County Sheriff Brent Oleson said.
Investigators were still reviewing the case for possible charges Monday, the department said. No one was in custody.
About 250 people attended Monday's hour-long service, with some sitting on folding chairs that stretched into the hallway of the funeral home.
Fairchild's words alternated with music requested by the family. Some tears were replaced briefly with smiles when the service began with an upbeat song from the movie "Grease" called, "You're the One That I Want."
Alicia's friends and classmates, accompanied by their teary parents, walked tentatively toward the front of the chapel where a group of easels near the casket displayed photos of Alicia with friends and family.
Elroy Elementary principal George Vukich said between 30 and 40 of the school's 180 students met with counselors Monday. "We're doing whatever we can to help with the grieving process," Vukich said.
At times, Fairchild's voice was drowned out by the sobs of those who joined in his prayers Monday. "I had so much to live for, so much left to do," Fairchild said, wiping away tears of his own as he read from a poem entitled, "If Tomorrow Starts Without Me" to close the service.
Fairchild, a chaplain at Mile Bluff Medical Center in nearby Mauston, where Alicia's mother works, said the girl's funeral was the toughest he'd ever performed. "She's in heaven, where her heavenly father has healed her wounds," Fairchild said.
Mauling Death - UPDATE
Tue 02-19-2002 , 5:40 pm
Juneau County officials meet to discuss possible charges against the owners of six Rottweilers that killed a 10 year old girl.
Is Alicia Clark's death an accident, or is someone to blame?
Investigators tell 27 News she was playing at her friend's house in Elroy. The girls were home alone with six Rottweilers -- when the dogs attacked and killed Clark.
Police say there should never have been that many dogs in the house. A city ordinance limits owners to three dogs.
Juneau County District Attorney Dennis Schuh met Tuesday with the sheriff to discuss whether charges are appropriate. He tells 27 News, ''There's a whole host of things you can look at. That range from the low end of an ordinance violation, which would be issued by the city police department and prosecuted by a city attorney, all the way to the high end. We have a statute in Wisconsin that's called homicide by negligent handling of a viscous animal.''
Elroy police say they never received any complaints about the Rottweilers, but Juneau County Sheriff Brent Oleson tells 27 News, his department did get a call three years ago. Oleson says, ''It was for the welfare of the dog, not the aggression of the dog. It was a hot day out and it was a dog welfare check, if you will.''
Officials are investigating animal mistreatment, but as far as previous dog attacks, the sheriff says there is no record of past violence. Sheriff Oleson tells 27 News, ''In Wisconsin, it takes two bites on the dog's property, the owner's property before you can get a court order to put a dog down in this particular instance, we didn't have that.''
Juneau County officials say they need more questions answered before deciding if they'll file charges.
The district attorney and sheriff will meet again this week to discuss their next move.
The Rottweilers have been euthanized. Officials are waiting for veterinarian records to help in their investigation of animal mistreatment.
Lawyer Named For Owner Of Mauling Dogs
Attorney Expects Prosecutors To Soon File Charges
POSTED: 9:08 a.m. EST March 1, 2002
ELROY, Wis. -- A lawyer was named Thursday to represent the owner of six Rottweiler dogs that mauled a 10-year-old Elroy girl to death.
Attorney Daniel Berkos said that he will represent the 24-year-old owner of the dogs.
No charges have yet been filed in the case, but Berkos said he expects prosecutors to file a charge of homicide resulting from negligent control of a vicious animal.
The charge carries a penalty of as many as 15 years in prison, but Berkos said there is no basis for it. He said there is no evidence the Rottweilers were vicious.
Alicia Lynn Clark was playing at her friend's home when she was attacked by the six dogs and killed Feb. 14. The friend also was bitten once in the leg as she tried to stop the animals.
Elroy Police Chief Nick Dub said the owner was trying to breed the dogs and kept them in his home because he wasn't licensed to have six. The dogs were euthanized with permission from the owners.
Dog Mauling - UPDATE
Fri 03-01-2002 , 5:31 pm
Parents of girl killed by dogs file suit against dogs' owners and city of Elroy.
MADISON, Wis. (AP) _ The parents of a 10-year-old girl killed by Rottweilers in a friend's home have filed a lawsuit against the dogs' owners and two claims against the city of Elroy totaling $1.35 million. Six dogs mauled Alicia Clark Feb. 14 after she and another girl had been left alone with the animals. Neighbors have said they complained about the dogs and the claims filed Thursday against the city of Elroy contend the city is negligent because it did not enforce its animal ordinances. Elroy ordinances restrict families from having more than three dogs unless they have been issued a kennel license, the claim says, and in this case no such license was issued. "The city of Elroy, by its agents and employees, had actual notice that (the owners) were keeping more than three dogs in their residence because citizens had complained to city employees on several occasions," the claims said. The city's failure to "enforce its own ordinance was a substantial factor in the death of Alicia," the claims said. The claim, filed by Alicia's parents James Clark and Tammy Shiflett, asks for $350,000 for the death and for $4,000 for funeral expenses. A second claim filed on behalf of Alicia's parents asks for $1 million and said the girl "endured conscious pain and suffering before she died." If the city rejects the claims, the family can then bring its actions against the city to court in the form of a lawsuit. In a separate action a lawsuit was filed in Juneau County Circuit Court which names as defendants the dogs' owners and the owners of property. The suit said the owners violated city ordinances by keeping the dogs without a kennel license, by keeping dangerous animals, and by failing to have the dogs licensed. It also says they knew or should have known "that one or all of the dogs in question had previously injured or caused injury to a domestic animal." The property owners share in the negligence because they did not inspect the property to ensure their tenants were not violating city or state laws, the suit said. The suit asks for unspecified damages. Daniel Berkos, a Mauston lawyer appointed by the state Public Defender's Office to represent the man who owned the dogs, said he hadn't seen the lawsuit as of Friday night. He said his response would likely be the same for the lawsuit as for any possible criminal charges _ "that there was no basis for my client to believe the dogs could have done something like that." The dogs had no history of biting anyone, and four of them were 6-month-old puppies that the man had advertised for sale, Berkos said. The man has acknowledged he owned the dogs, which were kept at the Elroy residence he shared with his girlfriend, Berkos said. The man still has two other Rottweilers who live at his mother's home and had nothing to do with the Elroy attack, he said.
Mauling Death -UPDATE
Thu 03-07-2002 , 5:54 pm
27 News has learned citations have been issued against the owner of the Rottweilers involved in the mauling death of an Elroy girl.
Wayne Hardy has been issued four citations by police - each carries a $150 fine. Hardy owned six rottweilers.
After ten year old Alicia Clark was attacked and killed by the dogs, they were euthanized.
The mauling happened inside the home of the little girl's friend.
Hardy's attorney Dan Berkos tells 27 News the citations were for having unlicensed dogs, too many dogs, and for not picking up dog feces near the house. Berkos says his client plans to fight the citations and will issue a not guilty plea.
As for the investigation into possible criminal charges - Berkos tells 27 News he has not been told of any final decision in the case.
Charges Filed In Fatal Dog Attack
Wed 03-20-2002 , 11:01 am
Wayne Hardy, 24, and Shanda McCracken, 32, were charged with two felony counts each of being parties to first-degree reckless endangerment and four misdemeanor counts each of child neglect, as a party to the crime.
MAUSTON, Wis. (AP) _ A fatal attack by six Rottweilers on a 10-year-old girl lasted 15 minutes as the dogs dragged her through the house mauling her to death, according to a criminal complaint filed Wednesday charging the dogs' owners with homicide. Alicia Lynn Clark was petting one of four six-month-old Rottweiler puppies when one of the two adult dogs apparently got jealous and started attacking her, the complaint said. The dogs' owners were charged with being parties to homicide resulting from a vicious animal. They were not home at the time of the attack. Wayne Hardy, 24, and Shanda McCracken, 32, also were charged with two felony counts each of being parties to first-degree reckless endangerment and four misdemeanor counts each of child neglect, as a party to the crime. Hardy told police that he and McCracken left McCracken's 11-year-old daughter and Alicia alone with the dogs at the couple's house in Elroy Feb. 14, according to the 18-page criminal complaint filed Wednesday. McCracken's daughter told police Alicia was screaming during the attack and she told her to stop, because her mother had instructed her to do that if the dogs ever attacked someone, the complaint said. The 11-year-old said she then heard Alicia say "help," but that was all before she died, according to police. The complaint cited witnesses who said Hardy and McCracken had told them the dogs were very aggressive, and a health specialist who visited the home after the attack and said the furniture had been chewed and there were piles of dog feces throughout the home. "I know I shouldn't have had all those dogs there. ... I know it was wrong to do. She was just a little girl," Hardy told police the day of the attack, according the criminal complaint. The dogs were euthanized after the attack. Juneau County District Attorney Dennis Schuh said prosecutors will have to prove that Hardy and McCracken knew the dogs were vicious, that they failed to take "ordinary care" to protect Alicia and her friend from the animals, and that Clark did everything she could to ward off the dogs. Hardy's lawyer, Daniel Berkos, filed a motion Wednesday to dismiss the charges against Hardy, saying the facts of the case didn't support them. "What we're maintaining is that there was no knowledge on anybody's part that these dogs were vicious," Berkos said. McCracken's lawyer, Randy Holtz, did not file a similar motion. Hardy and McCracken pleaded innocent to the misdemeanor counts of child neglect, but did not enter pleas to the felony charges. They were released on $10,000 signature bonds. Both declined comment on the case as they left the courthouse Wednesday. Circuit Judge John Brady scheduled Hardy's preliminary hearing April 16. McCracken's next court date is June 4. McCracken faces up to 38 years in prison if convicted of all charges. Hardy faces up to 72 years in prison because he has prior felony convictions for burglary and being a felon in possession of a firearm. Both face up to a $70,000 fine. The attack has left residents in the city of 1,500 shaken, and many said they weren't surprised by the charges. "I think everyone expected some kind of charges to be brought against them, not just $150 fines," said Kim Lipke, of Elroy. "It's just a shame it had to happen." Tim Kranz, 37, who raises buffalo and was at the Dog House Bar in Elroy Wednesday, said the dog owners should get the maximum sentence for whatever they are convicted of. "There comes a time when you have to take responsibility," he said. "You're responsible for your dog just like you're responsible for your kid." In addition to the criminal charges, Elroy police earlier cited Hardy for owning more than three dogs, having unlicensed dogs, having no proof of a dog's vaccination and having animal feces in his yard. James Clark and Tammy Shiflett, Alicia's parents, filed a wrongful death claim against Juneau County seeking $1 million in damages for pain and suffering their daughter endured. They also are seeking $350,000 for their daughter's death and $4,000 for funeral expenses. The claim states the Juneau County Sheriff's Department failed to investigate reports that one of the dogs' owners was abusing one of the dogs in his yard. Had authorities investigated, they would have found the owners were keeping six dogs in their residence in violation of a city ordinance, the claim said. Neighbors said they complained to authorities about the dogs three times in three years, the claim said. Alicia's parents also filed a wrongful death lawsuit against Hardy and McCracken. James Clark declined comment on the case Wednesday.
Girl's Death Will Test Wisconsin's 'Vicious Animal' Law
Friend Sat By Victim, Keeping Dogs Away, Waiting For Mother To Come Home
POSTED: 11:07 a.m. EST March 22, 2002
UPDATED: 11:13 a.m. EST March 22, 2002
ELROY, Wis. -- After yesterday's guilty verdict in California's dog mauling case, Wisconsin is taking center stage with a case where a young girl was mauled to death by six Rottweilers.
For the first time, Wisconsin's "death by a vicious animal" law is being tested.
Wayne Hardy, 24, and Shanda McCracken, 32, are the first people to be prosecuted under the state's 24-year-old law.
The Juneau County prosecutor says the couple knew their six Rottweilers were vicious when they left their daughter and her friend, Alicia Clark, 10, home alone with them.
The head of the State Bar Association, whose firm represents the victim's family, told WISC-TV in Madison there's a reason the state has such a specific homicide charge.
"There is, I think, a fear that occasionally people breed animals to be vicious," Gerry Mowris, State Bar president said. "Sometimes people train animals to be vicious. And when that occurs, they should be held to a higher standard, and creating a specific statute like this does that."
Mowris says the Hardy and McCracken cases have the potential to create as much interest as the San Francisco dog mauling case.
Rottweiler Attacked, Dragged Girl As She Screamed
The couple who owned the six Rottweilers that killed a young Elroy girl are each charged with party to homicide resulting from a vicious animal.
Wayne Hardy, 24, and Shanda McCracken, 32, were also charged with two felony counts each of party to first-degree reckless endangerment and four misdemeanor counts each of party to child neglect in Juneau County Circuit Court Wednesday.
Alicia Lynn Clark, 10, was mauled to death by the Rottweilers while she played at her friend's house in Elroy Feb. 14.
"The dogs dragged Alicia into the dining room where Alicia got to her feet, but the dogs pulled her back down," Alicia Clark's friend told authorities.
After about 15 minutes, Alicia was left lying on the dining room floor and her friend, Melissa, sat by her, keeping the dogs away, while waiting for her mother, McCracken, and Hardy to get home, the criminal complaint said.
Melissa told police Alicia was petting one of four 6-month-old puppies when another dog attacked, apparently out of jealousy, and others joined in. There were two adult Rottweilers as well as the four younger dogs in the house.
The girl said Alicia was screaming during the attack and she told her to stop, because her mother had instructed her to do that if the dogs ever attacked someone, the complaint said.
The girl said she then heard Alicia say "help," but that was all before she died, according to police.
The dogs were euthanized after the attack.
Juneau County District Attorney Dennis Schuh said prosecutors will have to prove the couple knew the dogs were vicious and that they failed to protect the girls from the animals.
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Hardy's lawyer, Daniel Berkos, filed a motion to dismiss the charges, saying the facts of the case don't support them.
Hardy and McCracken were released on signature bonds.
McCracken faces up to 38 years in prison if convicted of all charges. Hardy faces up to 72 years in prison, because he has prior felony convictions. Both face up to $70,000 in fines if convicted.
Alicia's parents, James Clark and Tammy Shiflett, are seeking $1 million in damages from Juneau County for the pain and suffering their daugher endured.
The claim states the county failed to investigate alleged mistreatment of one of the dogs, which contributed to the death.
The couple also filed a wrongful death lawsuit against Hardy and McCracken.
Investigators said that the second floor of the home where the animals lived was filled with feces. Elroy Police Chief Nick Dub said the owner was trying to breed the dogs and kept them in the home because he wasn't licensed to have six.
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Mauling Death - UPDATE
Tue 04-16-2002 , 3:43 pm
Wisconsin man to stand trial in fatal dog attack in Elroy.
MAUSTON, Wis. (AP) A judge ruled Tuesday an owner of six Rottweilers that mauled a 10-year-old girl to death as her friend watched should stand trial on homicide and reckless endangerment charges.
Juneau County Circuit Judge John Brady said there was probable cause that Wayne Hardy, 24, contributed to the death of Alicia Lynn Clark when he left the two young girls alone with the dogs.
Alicia was visiting her girlfriend's Elroy home on Valentine's Day when she suddenly became the target of a deadly 15-minute attack by six dogs, according to the criminal complaint.
Hardy and his girlfriend Shanda McCracken, 32, were each charged with being party to homicide resulting from a vicious animal. The couple also was charged with two felony counts each of being party to first-degree reckless endangerment and four misdemeanor counts each of child neglect, as a party to the crime.
McCracken's daughter, Melissa, testified during Hardy's preliminary hearing Tuesday that she was pouring milk for herself when she heard one of the dogs yelp.
The dogs started attacking Alicia seconds later, Melissa said.
"I was trying to pull her outside, but they kept pulling her back in," she said calmly.
There were two adult Rottweilers as well as four 6- to 8-month-old puppies in the house.
Melissa McCracken said she did not think the dogs ever had hurt anyone. The dogs usually would respond when she disciplined them, she said.
Hardy's lawyer, Daniel Berkos, argued the charges should be dismissed because there was no evidence the dogs were vicious or that Hardy knew the Rottweilers posed a threat to the two girls.
But District Attorney Dennis Schuh said a reasonable person would have known the dogs were dangerous. The Rottweilers had killed a cat weeks before Clark's death and had previously shown aggression toward the girls, according to the criminal complaint.
"The dogs ruled that roost and Mr. Hardy allowed that to continue," Schuh said.
"Most people, when they see a dog baring its teeth, recognize that as an act of aggression. Mr. Hardy may not, but a reasonable person would."
Schuh played a videotape taken after the incident showing the house in disarray and Alicia's body covered in dog bites.
Elroy Police Officer Benjamin Meinnert testified the house had furniture with chew marks, rotting food in the kitchen and a strong odor of animal feces and urine.
The six dogs were shut in a bathroom when Meinnert got to the home. Meinnert said the six dogs ripped the door off its hinges when McCracken and Hardy brought out the dogs.
Hardy went into the house while police were investigating Alicia's death to get a cigarette and beer, Meinnert said.
The criminal complaint quoted Hardy as telling police on the day of the attack: "I know I shouldn't have had all those dogs there. ... I know it was wrong to do. She was just a little girl."
Alicia's father, Jim Clark, testified before he found his daughter's body, he heard Hardy say, "I need to get a telephone because I'm going back to prison."
Hardy was convicted of burglary and being a felon in possession of a firearm, Schuh said.
Clark said he knew the dogs were at the home but thought someone was watching the girls.
Schuh said Tuesday that was additional evidence Hardy should not have left the girls alone.
But Berkos said it was a reasonable reaction to say that after the death, and was not an admission of guilt.
Hardy and McCracken pleaded innocent to the misdemeanor counts of child neglect, but have not entered pleas to the felony charges. They were released on $10,000 signature bonds.
Hardy's arraignment was scheduled for May 20. McCracken's next court date is June 4.
Dog Mauling Suspect Files Motion to Dismiss
Mon 05-20-2002 , 9:18 pm
MAUSTON, Wis. (AP) _ An attorney filed a motion Monday to dismiss three felony charges against the owner of six Rottweilers that mauled a 10-year-old girl to death in February. Attorney Daniel Berkos told Juneau County Circuit Judge John Brady prosecutors had not presented enough evidence to sustain the charges against Wayne Hardy. Brady did not rule on the motion. Hardy, 24, is charged with being party to homicide resulting from a vicious animal and two felony counts of being party to first-degree reckless endangerment. Hardy did not enter a plea to the charges Monday because of the motion to dismiss. But Brady entered innocent pleas for him on all three counts as a formality. "The state had to establish that the parties had some knowledge that the dogs were vicious before the attack," Berkos said after Monday's hearing. "There's no prior act by these dogs that would let anybody know they had vicious tendencies." A hearing on the motion was scheduled for Aug. 21. Brady already has denied a previous motion to dismiss that Berkos filed. Brady ruled last month that Hardy should stand trial on the charges because there was probable cause that Hardy contributed to the death of Alicia Lynn Clark when he left her and a young friend alone with the dogs. Alicia was visiting the house where Hardy and Shanda McCracken lived on Valentine's Day when she suddenly became the target of a deadly 15-minute attack by six dogs, according to the criminal complaint. McCracken's daughter, Melissa, testified during Hardy's preliminary hearing April 16 that she was pouring milk for herself when she heard one of the dogs yelp. The girl said the dogs started attacking Alicia seconds later. There were two adult Rottweilers and four 6- to 8-month-old puppies in the house. At the April hearing, Juneau County District Attorney Dennis Schuh played a videotape taken after the attack showing images of Alicia's body covered in dog bites and the house in disarray, with piles of dog feces throughout the home. Berkos said he expects the case to go to trial if Brady rejects his latest motion to dismiss the charges. "It's a pretty emotionally strong case," he said. "I don't think there will be any deals made." Schuh did not attend Monday's hearing. He was out of town and unavailable for comment, his office said.
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Woman In Court Today For Elroy Dog Mauling
Tuesday June 04 11:56 AM EDT
An Elroy woman will be in court today on charges stemming from the dog mauling death of a 10-year-old girl.
Alicia Clark was killed in February after being attacked by six Rottweilers at a friend's home.
The friend's mother, Shanda McCracken, 34, faces a charge of homicide by a vicious animal. If convicted, she could face 15 years in prison.
Wayne Hardy, 24, is also charged with party to homicide resulting from a vicious animal, party to first-degree reckless endangerment and child neglect.
Hardy and McCracken both pleaded innocent to the misdemeanor counts of child neglect.
Wayne Hardy, 24, was ordered in April to stand trial for Clark's death.
Dog Mauling Trial
RMH
Last Updated: Thursday, August 22nd, 2002 08:01:45 AM
The owner of the Rottweilers that killed a ten-year old Elroy girl is now heading to trial...
A judge ruled Wednesday that Wayne Hardy will stand trial on charges of murder from a vicious animal and reckless endangerment. Hardy’s dogs attacked and killed Alicia Clark this past February. Hardy claims he didn’t know the dogs were vicious so he had no idea that Clark was in any danger. The defense plans to ask the judge to keep some of Hardy’s statements out of his trial. Next court date is Oct. 4
Juneau County Star Times
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Update
Jan. 29, 2003
By Jody Kibler
Wayne Hardy, owner of six rottweilers that killed a 10-year-old Elroy girl Feb.14, 2002, was in court Jan. 27 for a status hearing. Juneau County District Attorney Dennis Schuh said he has several motions filed and asked that a motion hearing be set. He estimated the motion would take three to four hours to argue. Defence Attorney Dan Berkos said he questioned the constitutionality of one of the motions, so he will need to contact the Attorney General's Office. Juneau County Circuit Court Judge John W. Brady set aside a half a day March 24, beginning at 9 a.m., to hear Schuh's motions. Hardy faces one count of homicide by the use of a vicious animal, two felony counts of reckless endangerment and four misdemeanor counts of child neglect. The felony counts will be tried separately from the misdemeanor counts. Hardy's homicide trial is scheduled to begin April 28 and is expected to last through May 2.
Juneau County Star Times
February 26, 2003
McCRACKEN IN COURT FOR BAIL JUMPING
By Jody Kibler - Star-Times Editor
Shanda McCracken, co-owner of six Rottweilers that killed 10-year-old Alicia Clark Feb. 14, 2002, was in court Monday to face a felony charge of bail jumping.
According court documents, McCracken was caught on tape stealing $50 Dec. 16 from a cash register at the Baraboo Wal-Mart store, where she worked while out on a $10,000 signature bond. She has been charged in Sauk County with misdemeanor theft.
Juneau County Assistant District Attorney Stacey Brown recommended a cash bond, because McCracken had been out on bond for a serious charge when she broke her bond conditions.
McCracken has been charged with one felony count of homicide by a vicious animal, two felony counts of first degree reckless endangerment and four misdemeanor counts of child neglect. One of her bond conditions was that she not commit any crime.
McCracken's attorney, Mark Lawton, argued that she has always appeared for her court dates, which is the intent of setting bond.
Juneau County Circuit Court Judge John W. Brady set a $500 signature bond.
McCracken is due to appear in court with co-defendant Wayne Hardy March 24 for a motion hearing. Both her attorney and Hardy's attorney Dan Berkos have made motions to dismiss the homicide by vicious animal charges on the grounds that the charges are unconstitutional.
Hardy's jury trial is scheduled to begin April 28. No jury trial date has been set yet for McCracken.
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Brady Dies At 58; Was Circuit Judge
Wisconsin State Journal :: LOCAL/WISCONSIN :: B3
Tuesday, March 11, 2003
MAUSTON
Juneau County Circuit Court Judge John W. Brady, 58, died Sunday morning at St. Joseph's Memorial Hospital in Hillsboro.
A veteran of the Vietnam War, he practiced law in Wonewoc for 20 years before being elected circuit court judge in 1992. Services will be at 11 a.m. Thursday at St. Patrick's Catholic Church in Elroy. Friends may call at the Picha Funeral Home in Elroy from 4 to 9 p.m. Wednesday. The family would appreciate memorials to be designated for the Wonewoc Area Veterans Memorial.
Juneau County Star Times
March 26, 2003
JUDGE DENIES MOTION TO DISMISS HOMICIDE CHARGE
By Jody Kibler - Star-Times Editor
Judge Virginia A. Wolfe ruled Monday that a co-owner of six Rottweilers that killed 10-year-old Alicia Clark last year must stand trial on a charge of homicide by use of a vicious animal. However, the judge did grant a motion to separate the felon and misdemeanor charges against Shanda McCracken, 33, of Hillsboro.
McCracken co-owned the six dogs with 25-year-old Wayne Hardy. In addition to the homicide charge, she faces two felony counts of reckless endangerment and four misdemeanor counts of child neglect.
Lawton said the Wisconsin statute referred to in the motion was unconstitutional because it was very vague, and it did not give notice of what a person should adhere to in order to avoid criminal prosecution.
District Attorney Dennis Schuh said the statute does not rise to the level of constitutionality. It does not limit a person's free speech or other constitutional rights. While it does limit owning a dog, he said dog ownership is not protected by the Constitution.
Schuh also said that, because McCracken and her co-defendant Wayne Hardy were raising Rottweilers for resale, they knew the vicious propensities of the dogs.
He said under Wisconsin statutes, a dog owner whose dog has caused damage or injury once is placed on notice. The second time, penalties for the damage or injury would be doubled. Schuh said the Supreme Court definition for vicious propensity is the tendency of an animal to commit an act that might harm a person or property.
"An owner who knows the propensities of his or her animal should behave in a reasonable, responsible manner," he said.
Lawton said, "The evidence will show that there was no prior knowledge - these dogs never attacked another human being."
Judge Wolfe denied the motion to dismiss the homicide charge. She said McCracken had sufficient knowledge of the animals to fall within criminal sanctions. She also said the Supreme Court has made it clear that these statutes are constitutional.
Lawton then presented a motion to sever the three homicide charges and the four misdemeanor charges. He said the late Judge John W. Brady had severed the same charges for Hardy.
Lawton said the criteria to try both types of charges together is that the charges must be similar and the facts must overlap. He said a whole set of facts and time frames do not overlap in this case.
Schuh said the circumstances show that the time frame was very short. The investigation into Alicia's death led to the other charges concerning the care of the children in the home.
He said the dogs were allowed to defecate and urinate anywhere in the house - on the floors, furniture, and even on the beds. McCracken's four children had to live in a house like this.
Schuh also said the fact that McCracken and Hardy didn't housebreak the dogs led up to the fact that the dogs killed a young girl.
"The charges are the result of the same incident," he said.
Schuh also said Judge Brady had severed Hardy's counts because he felt the extra counts would be prejudicial to the defendant. But he asked if someone were charged with 41 sexual assaults, should 40 of them be severed because they would be prejudicial?
"There are four counts of neglect because there were four children living in the home," Schuh said. "There is one count of homicide because one child died. There are two counts of reckless endangerment because two children were left in the home with the dogs."
Lawton said, "There is a difference between propensities of dogs and the care of children."
Judge Wolfe granted the motion to sever the felony and misdemeanor charges because she said the two sets of charges could be confusing to a jury.
She also said trying both types of charges together would be very prejudicial to the defendant because it would make it difficult for the jury to impartially decide on the misdemeanor charges if they are also considering the felony charges.
In a later interview, Lawton said he has other motions to file dealing with evidence to be presented during the trial. He said he has to decide now if the case will be going forward in late April, which is when Hardy's jury trial is scheduled, or if they will hold off.
The untimely death of Juneau County Judge Brady has left the process in some confusion. Hardy was to have appeared with McCracken Monday with the same motion to dismiss the homicide charge, but his attorney Dan Berkos requested a substitution of judges.
"The judge who hears the trial should also hear the issues," Berkos said.
He said he does not want to delay the trial by having to bring up the same issues to a different judge.
Berkos said he thinks a judge may be assigned to the Hardy trial by the end of this week. A date can then be set for Hardy's motion to dismiss hearing.
The jury trial is scheduled for April 28. Berkos said he hopes the trial date is not pushed back.
Wayne Hardy is shown leaving the courtroom Friday with his attorney Dan Berkos after pleading no contest to one count of recklessly causing bodily harm to a child and three counts of child neglect in the death of Alicia Clark. See complete story below. (Pool photo by Joe Koshollek / For the Star-Times)
HARDY CHANGES HIS PLEA
By Jody Kibler - Star-Times Editor
Instead of facing up to 60 years in prison, Wayne Hardy will face up to five years plus jail time after a judge accepted his plea agreement Friday. Hardy, 25, agreed to plead no contest to a felony count of recklessly causing bodily harm to a child and three misdemeanor counts of child neglect.
The agreement was reached a little more than a week before Hardy was to stand trial for a felony count of homicide by negligent use of a vicious animal and two felony counts of recklessly endangering safety. He was co-owner of six rottweilers that killed 10-year-old Alicia Clark in Elroy Feb. 14, 2002.
The penalty for recklessly causing bodily harm carries a sentence of up to $10,000 and up to five years, with no more than two years in prison and three years on probation. Each count of child neglect has a maximum penalty of nine months in jail and a fine of $10,000.
District Attorney Dennis Schuh filed an amendment recommending a total of 18 months incarceration for the three child neglect counts. He later said he is recommending the entire five yeas for the felony count.
As Reserve Judge Robert Radcliffe questioned Hardy on his understanding of the proceedings, Hardy said he had dropped out of high school as a freshman. He said he had some difficulty in reading, but understood the questions he was asked, the proceedings and the rights he waived.
Radcliffe asked him, "Are you aware that I'm not bound by the plea agreement? I could sentence you to the maximum penalty of five years for the felony and nine months in jail for each misdemeanor, and that I could have you serve them consecutively?"
"Yes," Hardy said.
"Do you still maintain your plea?" Radcliffe asked him.
"Yes," Hardy said.
Radcliffe said the court will accept Hardy's plea, and that it would be entered as a guilty plea. A tentative sentencing hearing was set for June 5 to give time for a pre-sentencing investigation.
After the plea hearing, Schuh told reporters Alicia Clark's family supports the agreement. He said this relieves the family of having to go through a five-day trial.
"They were aware of the nature of the discussions and the penalties," he said.
Schuh added that a sentence can still be achieved with the lesser charge.
Hardy's attorney Dan Berkos said Hardy is very relieved that an agreement was reached. He said they tried to find a resolution for a couple of weeks.
He said Hardy is satisfied with the results, and happy that Alicia's family is satisfied with the results.
"Wayne has always been very sensitive to the family and the loss they've suffered," Berkos said.
He said Hardy may address that during the sentencing hearing.
Berkos said he thought the plea agreement was fair to everyone involved. It saves the expense of a trial and minimizes Hardy's risks.
"To incarcerate someone for a lack of judgement may be way too harsh," Berkos said. "The lesson to be learned here is that we don't know as much about dogs as we think we do. We need to take safeguards."
No-Contest Plea in Girl's Mauling Death
Fri Apr 18, 1:28 PM ET Add U.S. National - AP to My Yahoo!
By JENNY PRICE, Associated Press Writer
MAUSTON, Wis. - The owner of six Rottweilers that fatally mauled a 10-year-old girl last year pleaded no contest Friday to recklessness and neglect.
Wayne Hardy's plea bargain with prosecutors spared him a trial scheduled for later this month in the death of Alicia Clark. Juneau County Circuit Judge Robert Radcliffe found Hardy guilty after he entered the no-contest plea.
Hardy, 25, could face a prison sentence of up to 7 1/4 years when sentenced June 5. He could have faced up to 60 years under the original charges because he had been charged as a repeat offender.
Alicia's parents, James Clark and Tammy Shiflett, and other relatives and friends sat in the courtroom as Hardy entered his pleas. Shiflett wore a button with her daughter's picture on it. Family members declined to comment after the hearing, but prosecutor Dennis Schuh said they supported the plea agreement.
"It relieves the family of having to live through five days of a trial," he said.
Hardy pleaded no contest to one felony charge of recklessly causing bodily harm to a child and three misdemeanor neglect charges. He had originally been charged with three felony counts, including being party to a homicide resulting from a vicious animal.
Hardy and his girlfriend at the time, Shanda McCracken, left Alicia and McCracken's 11-year-old daughter, Melissa, alone in their Elroy home with the dogs Feb. 14, 2002. They returned home to find Alicia dead.
Melissa testified she was pouring milk for herself when she heard one of the dogs yelp. The girl said the dogs — two adult Rottweilers and four 6- to 8-month-old puppies — started attacking Alicia seconds later.
The complaint said Alicia was petting one of the puppies when one of the two adult dogs apparently got jealous and started attacking her. The dogs have been euthanized.
McCracken, 33, faces the same charges as were originally filed against Hardy, which in her case could mean a maximum 38 years in prison. She waived her right to a preliminary hearing last December and entered innocent pleas. Her trial is scheduled for September.
ON WISCONSIN : JS ONLINE : NEWS : MILWAUKEE : E-MAIL | PRINT THIS STORY
Dog owner found guilty after plea bargain
Co-owner also wants to avoid trial over girl's mauling death last year
By KELLY WELLS
kwells@journalsentinel.com
Last Updated: April 18, 2003
With one of the owners of six dogs that mauled a 10-year-old girl to death pleading no contest Friday, the attorney for the other dog owner said he also is hoping to avoid a trial.
Wayne Hardy, 25, was found guilty in Juneau County Circuit Court on reduced charges after a plea bargain with prosecutors that spared Hardy a trial, which had been set for April 28.
Hardy could face a prison sentence of up to seven years and three months on a felony charge of recklessly causing bodily harm to a child and three misdemeanor neglect charges.
Hardy originally had been charged with three felony counts - being party to homicide resulting from a vicious animal and two counts of being party to first-degree reckless endangerment. He was facing a maximum sentence of 60 years in prison.
Hardy and his former girlfriend, Shanda McCracken, were both charged in the death of Alicia Clark, who was mauled to death by six Rottweilers last year. Alicia was attacked when Hardy and McCracken left the girl and McCracken's then-11-year-old daughter, Melissa McCracken, alone with the dogs in their Elroy home on Feb. 14, 2002.
Melissa was out of the room when the dogs began the 15-minute attack on Alicia, according to the criminal complaint. Alicia was petting a puppy when one of the two adult dogs apparently got jealous and started attacking her, the complaint said.
A jury trial for Shanda McCracken is set to start Sept. 15. McCracken, 33, is faced with the same three felonies that Hardy faced before he pleaded no contest. She could get up to 38 years in prison, if convicted.
Mark Lawton, McCracken's lawyer, said McCracken's case is "not settled yet," but she could be offered a plea agreement before the trial.
"It's just a real sad case, and, obviously, my client would prefer not to take it to trial if at all possible," he said. "She's obviously very distraught."
Hardy was found guilty Friday of one count of recklessly causing bodily harm to a child, a Class E felony, and three misdemeanor charges of neglect to a child. The neglect charges pertain to the conditions of the home in which Hardy kept his dogs, said his lawyer, Daniel Berkos. The home was condemned in March 2002.
Alicia's parents, along with other relatives and friends, sat in the courtroom as Hardy entered his pleas Friday. Shiflett wore a button with her daughter's picture on it.
Family members declined to comment after the hearing, but Schuh said they supported the plea agreement because it still would result in prison time for Hardy.
After the attack, Alicia's parents filed a wrongful death claim against Hardy, McCracken, Juneau County and the City of Elroy seeking $1 million in damages for pain and suffering, $350,000 for their daughter's death and $4,000 for funeral expenses. The lawsuit is pending.
The Associated Press contributed to this report.
A version of this story appeared in the Milwaukee Journal Sentinel on April 19, 2003
News
Wednesday, April 23, 2003
ALICIA CLARK'S FAMILY NOT SATISFIED
By Jody Kibler - Star-Times Editor
After Wayne Hardy's plea hearing Friday, both District Attorney Dennis Schuh and Defense Attorney Dan Berkos told reporters Alicia Clark's family supported the plea agreement Hardy made. But Alicia's family is not satisfied with Hardy's no contest plea to recklessly causing harm to a child.
Originally charged with homicide by negligent use of a vicious animal and two counts of reckless endangerment, Hardy was set to stand trial the week of April 28. But a plea agreement was worked out that had Hardy pleading no contest to a lesser charge of recklessly causing harm to a child and to three misdemeanor charges of child neglect.
Hardy was charged in the Feb. 14, 2002 death of 10-year-old Alicia Clark, who was killed by Hardy's six rottweilers in Elroy.
"We did not agree to this particular plea," Alicia's mother Tammy Shiflett said.
She said she and Alicia's father Jim Clark thought Hardy would be pleading no contest to the second felony charge - to reckless endangerment - which carried a 10-year maximum prison term. Instead, he pleaded no contest to the lesser charge which carries a five-year maximum penalty. He could also serve up to nine months in jail for each of the three misdemeanor counts, although the D.A. recommended a total of 18 months for all three.
Shiflett said there was some miscommunication between the district attorney, herself and Clark concerning the charges. She plans to address the issue at Hardy's sentencing hearing, which is tentatively set for June 5.
Although there can be no going back and changing things with Hardy, Shiflett and Clark would like to see the other co-defendant in the case, Shanda McCracken, go to trial.
"We prefer there be no plea bargaining," Shiflett said.
Facing the same charges Hardy had originally, McCracken's jury trial is scheduled to begin Sept. 15.
District Attorney Dennis Schuh could not be reached for comment by press time.
