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Plaintiff, -vs-



DA Case No2010LC004251 Assigned DA/ADA:Tim GruenkeAgency Referral: 9210-2210 ATN:



Defendants, Wienke: SEX: M


Height: 5 ft 8 in

Weight: 150 lbs HAIR: Brown

EYES: Brown


Detective Timothy S Shantz, University of Wisconsin-La Crosse Police Department, being first duly sworn on oath says that on information and belief: Count 1: FIRST DEGREE SEXUAL ASSAULT - PTAC, AS A PARTY TO A CRIME (As to defendant Brayden A Wienke) The above-named defendant on or about Monday, September 27, 2010, at 1815 Farwell Street, in the City of La Crosse, La Crosse County, Wisconsin, as a party to a crime, by use of force, did have sexual intercourse with TJH, without that person's consent, and was aided or abetted by one or more persons, contrary to sec. 940.225(1)(c), 939.50(3)(b), 939.05 Wis. Stats., a Class B Felony, and upon conviction may be sentenced to a term of imprisonment not to exceed sixty (60) years. and prays that the defendant be dealt with according to law; that the basis for complainant’s charge of such offense is:

Officer Shantz, University of Wisconsin-La Crosse Police Department, states that on September 27, 2010, he was assigned to investigate a sexual assault on University of Wisconsin-La Crosse Campus. Officer Shantz met with T.J.H. who stated that on September 27, 2010, at about 2:30 p.m., while in his dorm room one of his roommates had held him down while another roommate inserted a handle of a lint roller into his anus. He said he did not give them consent to assault him. He stated that Brayden Wienke had held him down while Casey Gudis also know as Bubba inserted the lint roller handle into his butt. Also present in the room was Philip Cappitelli, Alex Spatchek and Wesley Scheid. All the roommates at 444 Sanford Hall at 1815 Farwell Street, City and County of La Crosse, Wisconsin. T.J.H. stated that the incident began around noon while they were all sitting around in their dorm room and Brayden was at his desk on his computer and T.J.H. was sitting on a futon throwing playing cards towards him. Brayden told T.J.H. to stop but he continued and Brayden then threatened T.J.H. that he was going to jam something up his butt. T.J.H. and Casey then went to separate 1:10 classes in Wimberly Hall.

STATE OF WISCONSIN V. Brayden A Wienke Casey S Gudis


T.J.H. stated that he returned to the dorm room around 2:30 p.m. and shortly after that he and Wesley were sitting in chairs past the futon with Philip, Alex and Brayden sitting on the futon and Casey standing near the desk by the door holding a lint roller. T.J.H. stated that he got up and went over to the bunk bends next to Brayden’s desk, got on his hands and knees next to the bunk so he could reach for a nerf gun that was stored on the bottom bunk and then Brayden got up and jumped on T.J.H. pinning him to the floor face down with a bear hug. During the struggle with Brayden, T.J.H. saw Casey come closer with the lint roller and then felt his sweat pants and boxer underwear get pulled down to his knees and then felt unbearable pain in his rectum caused by something being forced into him. He stated he yelled for people to take it out at least twice as people in the room laughed at him and about 30 seconds after the insertion Brayden released his hold on T.J.H. T.J.H. then reached behind him and pulled the object out of his rectum and saw that it was the lint roller that Casey had been holding and stated that pretty much the entire handle had been inserted into his rectum. He got the lint roller on the floor and verbally confronted Brayden on what had been done to him and Brayden argued back that he had it coming and they were even now. The laughing continued as Casey picked up the lint roller and walked around the room putting it in people’s faces saying how does it smell. T.J.H. stated that after wrestling conditioning at about 5:30 p.m. he called his father and told him about the assault and his father told him he would leave immediately to come and get him and he should start packing his things and T.J.H. went back to his dorm room and began packing. His father then called him and told him to leave the dorm and meet a police officer and T.J.H. went outside and met UWL police. Officer Shantz transported T.J.H. to Gundersen Lutheran Medical Center for a sexual assault exam and a nurse inserted a speculum into his rectum and observed several abrasions, redness and lint and the doctor stated that the injuries were consistent with an object being forced into his rectum. He told T.J.H. he did not need treatment for his injuries but that he might be sore for several days. Officer Shantz and Chief Rohde then spoke with Brayden Wienke who stated that it started around noon when he was trying to take an on line quiz from his dorm room and T.J.H. was throwing cards at him and he told T.J.H. to stop. Later in the day they were all in the dorm room when T.J.H. went to get a nerf gun and Brayden jumped on T.J.H. and put him in a cradle hold. Brayden said that while he had T.J.H. pinned, Casey put the lint roller in T.J.H.’s butt and he heard T.J.H. say get it out and he then let T.J.H. go and saw Casey pick up the lint roller after T.J.H. pulled it out. He stated that since school had started all the guys in his room would poke each other in the butt with something when they would bend over and also stated that T.J.H. had been picked on more than others because he did not know the others as well and was quiet. Officer Shantz and Chief Rohde then interviewed Casey Gudis who stated that earlier in the day Brayden had been threatening to stick something up T.J.H.’s butt and they all had been joking around about poking things in each others butts. Casey stated that T.J.H. did it to Alex with a Sharpee and the poking was done through the clothes. Casey said that after his 1:10 to 2:05 class he went to eat and when he returned to the dorm room all the guys were there.

STATE OF WISCONSIN V. Brayden A Wienke Casey S Gudis


T.J.H. went to get his nerf gun and Brayden jumped on him and Casey stated that while Brayden had T.J.H. pinned he grabbed Brayden’s lint roller from the desk, pulled T.J.H.’s pants down and pushed the lint roller handle into his butt but did not think it actually went into his butt hole. He stated after Brayden let T.J.H. go the lint roller fell on the floor and he picked it up and took it down the hall and gave it to a girl named Kristin. Subscribed and sworn to before me and approved for filing. Dated October 06, 2010

Detective Timothy S Shantz, University of Tim Gruenke, State Bar No. 1025046 Wisconsin-La Crosse Police Department Attorney COMPLAINANT La Crosse County, Wisconsin


La Crosse County Criminal Complaint - Wienke  

State of Wisconsin v. Brayden Wiebke and Casey Gudis

La Crosse County Criminal Complaint - Wienke  

State of Wisconsin v. Brayden Wiebke and Casey Gudis