Lawsuit against court officials won’t delay trial

The trial of a 19-year-old Fredonia man who is defending himself against charges he drove through a recently planted farm field, then sped away with a man who tried to stop him dangling out of his window last year, will proceed this week despite a lawsuit of sorts he filed against court officials, an Ozaukee County Circuit judge ruled last week.

“The timing of it seems to be an effort to derail a trial,” Judge Steve Cain said during a Sept. 10 hearing, referring to Alex M. Desmidt’s recent filing in federal court.

Desmidt said the legal action he filed in federal court names Cain, Assistant District Attorney Kerra Stumbris, who is prosecuting the case against him, and Clerk of Court Connie Mueller as defendants and claims his constitutional rights are being violated by the Ozaukee County case.

“A public declaration and private notice of immediate withdraw of consent” also filed by Desmidt in Ozaukee County Circuit Court seems to cite pseudo-legal concepts used by anti-government groups.

During last week’s hearing — the final one before a jury trial that was to begin Wednesday, Sept. 16 — Desmidt said he was dismissing the case against him.

Since defendants cannot dismiss cases, Cain said he considered Desmidt’s comment to be a motion to dismiss, which the judge denied. 

In response, Desmidt said, “I’m not requesting; I’m dismissing this.”

After Cain ended the hearing and left the bench, Desmidt said, “Let the record reflect the judge has walked out of the courtroom. I am dismissing this case with prejudice.”

The hearing was another twist in a circuitous case that appeared to be resolved months ago.

Desmidt was initially charged with misdemeanors in connection with the April 13, 2025, Town of Saukville incident, but that case was dismissed and refiled to include a felony charge of second-degree recklessly endangering safety. That charge, however, was amended to a misdemeanor count of negligent operation of a vehicle as part of a plea agreement on Jan. 6, the day Desmidt pleaded no contest to the charges.  A charge of criminal damage to property was dismissed as part of a plea agreement.

During that hearing, Stumbris recommended Desmidt be sentenced to one year in jail followed by one year of supervision but that the sentence be stayed and he be placed on probation for two years. She also recommended he should serve 120 days in jail for the drunken driving conviction.

Cain then scheduled a sentencing hearing for March 3.

At that hearing, however, Cain granted Desmidt’s request to withdraw his pleas and represent himself as the case against him proceeded again. That meant the plea agreement was no longer valid, and in addition to the second-degree recklessly endangering felony charge, Desmidt faces misdemeanor counts of second-offense driving while intoxicated, criminal damage to property and resisting an officer.

According to a criminal complaint, an Ozaukee County sheriff’s deputy was on his way to check on a report of a vehicle striking a mailbox on Orchard Lane in the Town of Saukville at 9:42 p.m. Sunday, April 13, 2025, when he was informed that the driver of the vehicle, later identified as Desmidt, had tried to run away but was caught and being held by witnesses.

The deputy was told that Desmidt was doing doughnuts in the field when the man who owns the land said he heard the vehicle and went outside to see Desmidt headed toward buildings on the property, the complaint states.

The landowner said he got in his truck and cut Desmidt off, forcing him to stop, then reached into Desmidt’s vehicle and tried to turn off the ignition. That is when Desmidt drove away with the farmer hanging out of the driver’s side window, according to the complaint.

At one point it appeared Desmidt was going to hit the farmer’s sister, so the farmer grabbed the steering wheel, forcing Desmidt to swerve, the complaint states.

Desmidt continued driving with the man hanging on to the car until he hit a mail box and spun out.

The farmer told deputies that he had recently fertilized and planted the field. 

Officers took over for the witnesses who chased Desmidt down after he ran and noticed that his breath smelled of alcohol and he was staggering. They found open cans of Twisted Tea alcoholic beverages in his vehicle, the complaint states.

Desmidt, whose driver’s license was revoked due to a Washington County conviction, refused to perform sobriety tests. A sample of his blood was taken at Aurora Medical Center in Grafton and tests showed he had a blood alcohol level of .226, according to the criminal complaint.

While being taken to the hospital, Desmidt became increasingly agitated and started banging his head on the rear window of the patrol vehicle. As he was being walked into the hospital, Desmidt tried to spit on a deputy, the complaint states.

Desmidt was put in a body wrap and spit hood and at one point told a deputy, “I can’t wait to find out where you live,” according to the complaint.

After a sample of his blood was taken, Desmidt resisted officers’ attempts to get him back into a patrol vehicle by refusing to bend his legs and waist.

Desmidt pleaded guilty to a felony charge of fleeing officers in Washington County in October 2024. A judge sentenced him to a year in jail but stayed the sentence and placed him on probation for three years. That meant that he would not have to serve the jail time if he complied with the conditions of his probation, which included maintaining absolute sobriety and not committing additional crimes, but his probation was subsequently revoked.

In his motion to withdraw his pleas, Desmidt argued that he became aware of information that was not fully disclosed or understood after entering his pleas and  he did not fully understand the “collateral consequences” of these pleas and long-term implications.

He also argued that before entering his pleas, communication with his attorney broke down and he was not “adequately advised or fully informed” of key aspects of the case.

After granting Desmidt’s request to represent himself, Cain appointed attorney Robert Olmr as his stand-by counsel, making him available to answer legal questions Desmidt may have leading up to and during the trial.

“I’ve attempted to communicate with him (Desmidt) and I’ve gotten no response,” Olmr said during last week’s hearing.