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Case ID: 17458
Classification: Vehicular, Mutilation/Torture, Choking / Strangulation / Suffocation
Animal: other wildlife
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Attorneys/Judges
Prosecutor(s): James Fassbender
Defense(s): Troy Nielsen
Judge(s): Philip M. Kirk, John P. Hoffmann


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Case #17458 Rating: 3.0 out of 5



Deer corralled, run over with snowmobile
Lind, WI (US)

Incident Date: Friday, Jan 9, 2009
County: Waupaca

Charges: Misdemeanor, Felony CTA
Disposition: Convicted
Case Images: 1 files available

Defendants/Suspects:
» Rory A. Kuenzi
» Robby D. Kuenzi
» Nicholas D. Hermes

Case Updates: 10 update(s) available

Three Weyauwega men accused of corralling and running over deer have been arrested in what a state official described Thursday as an unprecedented thrill killing.

"There could be more arrests. We feel we have the main players at this point," Waupaca County Sheriff Brad Hardel said.

Nicholas Hermes, 22, was charged Thursday with five felony counts of being a party to mistreatment of animals. Brothers Robby Kuenzi, 23, and Rory Kuenzi, 24, have been arrested but not yet formally charged because the paperwork isn't done, Hardel said. The brothers could be charged Friday, he said.

Four deer were found dead Saturday near a snowmobile trail about five miles south of Waupaca where a herd of around 40 deer were known to gather. A fifth deer was severely injured and euthanized, authorities said.

One deer had its stomach ripped open by a snowmobile that stopped on top of it and then quickly took off, said Ted Dremel, a state Department of Natural Resources warden. Another deer had been tied to a tree, where it wrapped itself around and choked to death.

The killings outraged snowmobilers, hunters and others, and a reward fund grew to more than $10,000 before the arrests were announced Thursday. Investigators received numerous tips that helped break the case, but no reward money has been dispensed yet, Hardel said.

Asked what was the most important tip, the sheriff declined comment.

One tip led investigators to Hermes, who worked at a dairy business. He told them he accidentally hit a deer Friday night while snowmobiling with his girlfriend and the Kuenzi brothers, according to a criminal complaint.

Hermes then saw the brothers chasing and running over deer with their snowmobiles, he told investigators. Rory Kuenzi dragged one deer behind his snowmobile and then tied it to a tree near a road, he said.

Hermes told investigators he tried to get the brothers to stop hitting deer, and he hit one or two only accidentally.

Hermes changed his story to investigators at least once, and his girlfriend, Emily Scofner, 18, gave a slightly different version, the complaint said.

Scofner said Robby Kuenzi hit a deer first, and then his brother and Hermes hit it. The men later road into a field where all three chased deer with their snowmobiles, she said.

After they finished chasing the deer, the men talked about coming back to get one to eat. That's when Rory Kuenzi dragged a deer to a tree and left it, Scofner said. She said she thought the deer was already dead and did not realize it was tied to the tree.

The dead deer included two bucks and three does. One was a fawn.

State wildlife officials have documented 17 thrill killings of wildlife in recent months, but they've never seen a snowmobile used as the weapon, DNR regional warden Byron Goetsch said at a Thursday afternoon news conference. He described the incident as unprecedented.

"It is an unfortunate trend. We have to look to see why these things are occurring," he said. "Something like this is not normal behavior and would suggest it could lead to other things."

What's known is the "indiscriminate killing" generally involves males in their early 20s, they have used baseball bats, vehicles and guns, the incidents occur after dark and the killers have disregard for their own safety, Goetsch said.

No alcohol was involved in the Waupaca incident, Hardel said during the news conference.

One snowmobile used in the roundup had been stolen from a bowling alley in nearby Manawa around Christmas and later abandoned, the criminal complaint said. Investigators found another snowmobile with blood and deer fur on it during a search of Hermes' home, it said.

Hardel said a third snowmobile was also seized.

Judge Raymond Huber set a signature bond of $15,000 for Hermes during his initial appearance Thursday in Waupaca County Circuit Court, the district attorney's office said.

The maximum punishment for each charge of animal cruelty is up to 3 1/2 years in prison.

Neither Nicholas Hermes nor Robby Kuenzi has a criminal record, according to online court records, though Robby Kuenzi was ticketed in 2003 for shining wild animals.

Rory Kuenzi was convicted in 2005 of substantial battery and sentenced to a year in prison on the conviction in December 2007 when his probation was revoked.


Case Updates

A rural Weyauwega man accused of running down and killing deer with a snowmobile was found guilty Tuesday for his role in the 2009 slaughter.

Robby D. Kuenzi, 26, pleaded no contest in Waupaca County Court to three felony counts of animal mistreatment and misdemeanor counts of hunting out of season in connection with the deer deaths along a trail in the Town of Lind.

Kuenzi, his brother Rory, and Nicholas Hermes, of Waupaca, were charged in January 2009. The cases drew strong reaction from outdoor enthusiasts and animal rights activists, among others.

Judges dropped the animal mistreatment counts in 2009 after the three men were charged with conservation violations.

But appeals judges reinstated the charges in 2011, noting the state Legislature didn't put a blanket prohibition on applying the animal cruelty law to cases involving the hunting of wild animals.

Robby Kuenzi will return to court May 17 for sentencing.
Source: postcrescent.com - Apr 4, 2012
Update posted on Apr 4, 2012 - 9:54PM 
A Waupaca man will spend six months in jail and two-and-a-half years on probation for killing deer with his snowmobile.

26-year-old Nicholas Hermes was sentenced yesterday. He pleaded no contest to three felony counts of animal mistreatment, and three counts of hunting deer out-of-season. Four similar charges were dropped in a plea deal.

Hermes was one of three people who ran down a half-dozen deer on a snowmobile trail near Weyauwega (why-uh-wee'-guh) in January of 2009. The case drew national attention.

The landowner closed the trail, forcing others to ride miles out of their way. Animal rights' groups condemned the attack. And statewide snowmobile groups were put on the defensive, as they spoke up for the integrity of their sport.

Besides the jail and probation, Hermes must pay 62-hundred dollars in fines and court costs. He was the second person to be sentenced in the case.

Last year, 27-year-old Rory Kuenzi was given an 11-year prison sentence - but it did not result in any additional time on top of a 23-year sentence he was already serving for the hit-and-run traffic death of Kevin McCoy in 2004.

The final defendant, Kuenzi's 26-year-old brother Robby, is scheduled to go on trial April third.
Source: whbl.com - Feb 8, 2012
Update posted on Feb 8, 2012 - 7:10PM 
There's been another conviction in the nearly three-year-old Waupaca County deer slaughter case.

Nicholas Hermes, 25, of Waupaca entered no contest pleas Tuesday to three counts of mistreatment of animals causing death, and three hunting violations.

He'll be sentenced February 7.
Source: wrn.com - Dec 21, 2011
Update posted on Dec 21, 2011 - 7:18PM 
As far as court hearings go, this was a fairly quick one.

Shortly after 11 a.m., a shackled Rory Kuenzi shuffled into Waupaca County court, wearing standard issue prison clothing�"an olive drab shirt and pants.

Originally scheduled for a Dec. 8 jury trial, the clean-shaven Kuenzi changed his plea.

No contest.

You may remember Kuenzi. He's currently serving 23 years in prison for a fatal 2004 OWI hit-and-run that left one man dead.

Kuenzi was initially charged with running down deer on a snowmobile back in 2009, along with his brother Robby Kuenzi and his friend Nicholas Hermes. Those two men are still awaiting their trials.

After pleading out to three felony counts and two misdemeanors for the deer killings, Rory Kuenzi will now face 11 years in prison. The rest of the charges in the deer killings were dropped.

But based on Judge Philip Kirk's ruling, Kuenzi, 27, won't serve any more time in prison for the killings. That time will be served at the same time he's serving his OWI hit-and-run conviction.

Assistant District Attorney James Fassbender asked that Kuenzi serve the sentence on top of the time he's already serving at Columbia Correctional Institution in Portage.

"This was wanton destruction of life," said Fassbender.

Kuenzi's attorney Troy Nielsen argued Fassbender has an axe to grind against his client.

"This is the State of Wisconsin versus Rory Kuenzi," said Nielsen, "Not Attorney Fassbender. The sentence needs to be proportionate to what we see come through these doors."

Before sentencing, Judge Philip Kirk had harsh words for Kuenzi.

"That using a snowmobile to mangle, twist and churn their bodies slowly to death, to the cacophony of your laughter," said Kirk, "Is the virtual embodiment of a sociopath."

However, the judge was upset there was more public outcry for this case than the deadly hit-and-run Kuenzi is already in prison for.

"In 30 years being trial judge, have I ever received so many letters, emails, phone calls about your animal cruelty charges," said Kirk. "And I don't think I ever received any letters from anybody in the public about your OWI homicide case."

Virginia Niemuth was also in the courtroom. She owns the property where the deer were killed and hopes the other two men involved are equally punished.

"I hope the other two are treated accordingly with the felony counts because they were all there, in it together," said Niemuth, of Fremont.

Originally, the animal cruelty charges against Kuenzi and the other defendants were dismissed because a judge ruled the charges were in conflict with the illegal hunting citations the three had received.

But then, an appeals court reinstated those charges. In September, the state Supreme Court declined to review the case.

Kuenzi's brother Robby and Hermes are scheduled to be back in court next month.
Source: fox11online.com - Nov 30, 2011
Update posted on Dec 11, 2011 - 1:50PM 
The state Supreme Court will not review a decision reinstating animal cruelty charges in the so-called snowmobile deer thrill case.

Five deer were found along a Waupaca County snowmobile trail in January 2009, with their injuries apparently caused by being run over with snowmobiles. Three men - Robby Kuenzi, Rory Kuenzi and Nicholas Hermes - were charged with felony mistreatment of animal counts, as well as being issued citations for a variety of illegal hunting ordinance violations.

The Kuenzi brothers argued to the circuit court that the two sets of charges were inherently contradictory: if they were hunting, they could not also violate cruelty to animal statutes. The county judges each agreed and dismissed the felony cruelty counts.

The state appealed, seeking to have the cruelty charges reinstated. In a decision issued in February, the state court of appeals did just that.

"We observe more generally that the Kuenzis' assertions of conflicts between applying the cruel mistreatment statute to their conduct and chapter 29 are all abstract. The Kuenzis do not, for example, argue that there is a conflict because there is a provision in chapter 29 that authorizes the use of a motorized vehicle to kill a wild animal. Similarly, the Kuenzis do not identify a provision in chapter 29 that allows persons to pursue and kill wild animals any way they choose. In sum, the Kuenzis have failed to explain how their prosecution controverts in any manner regulations contained in, or promulgated under, chapter 29. For the reasons discussed, we reverse the orders of the circuit courts dismissing the charges against the Kuenzis. We remand with directions to reinstate the charges in both cases," the court wrote.

Then, the attorneys for Kuenzis' appealed to the Wisconsin Supreme Court, seeking for it to review the case. However, the Supreme Court has announced it will not do so. That leaves the appeals court decision - and all of the charges - intact and sends the case back to the circuit for prosecution.

Rory Kuenzi has a status conference Oct. 5. Hermes, who did not appeal but whose case has been hold while the Kuenzis appeals played out, has a status conference Oct. 17. Robby Kuenzi has a status conference Oct. 18.

Rory Kuenzi is currently serving a Source: fox11online.com - Sep 23, 2011
Update posted on Sep 23, 2011 - 5:02PM 
A state appeals court has reinstated animal cruelty charges against Rory and Robby Kuenzi in the snowmobile deer "thrill kill" case.

The Kuenzis allegedly used their snowmobiles to track down and kill deer in Waupaca County in January, 2009. A Waupaca County judge dismissed the animal cruelty charges against them, saying that the animal cruelty charges were inherently contradictory with state hunting law.

However, in a
For the reasons discussed, we reverse the orders of the circuit courts dismissing the charges against the Kuenzis. We remand with directions to reinstate the charges in both cases," the court wrote.

Attorney General J.B. Van Hollen praised the decision:

"The court of appeals properly recognized that Wisconsin's law protects wild animals from cruel treatment," Van Hollen said. "This decision is one that will be lauded by all who love and appreciate Wisconsin wildlife."

Calls to the attorneys for the Kuenzis' for comment were not immediately returned.

Nicholas Hermes also faces animal cruelty charges for the incident. The counts in his case were never dismissed, but the case was put on hold ending the appeal in the Kuenzis' cases. He's back in court March 23.

No date has been set for Robby Kuenzi to return to court.

Rory Kuenzi is back in court Tuesday.
Source: fox11online.com - Feb 24, 2011
Update posted on Feb 24, 2011 - 2:14PM 
A state appeals court has reinstated animal cruelty charges against Rory and Robby Kuenzi in the snowmobile deer "thrill kill" case.

The Kuenzis allegedly used their snowmobiles to track down and kill deer in Waupaca County in January, 2009. A Waupaca County judge dismissed the animal cruelty charges against them, saying that the animal cruelty charges were inherently contradictory with state hunting law.

However, in a
For the reasons discussed, we reverse the orders of the circuit courts dismissing the charges against the Kuenzis. We remand with directions to reinstate the charges in both cases," the court wrote
Source: fox11online.com - Feb 24, 2011
Update posted on Feb 24, 2011 - 1:59PM 
A group representing outdoor sports participants has asked a state appeals court to re-issue felony animal mistreatment charges against three men charged with the "thrill kill" killings of deer.

The Wisconsin Wildlife Federation and attorney Michael J. Cain filed a friend-of-the-court brief with the Madison-based Fourth District Court of Appeals at the request of the three-judge panel. The appeals court is handling the cases of Rory Kuenzi, 25, his brother Robby Kuenzi, 24, and friend Nicholas Hermes, 23, on charges related to the January 2009 killings of several deer in Waupaca County.

Waupaca County judges dismissed felony charges against the men after the state Department of Natural Resources filed citations charging them with several conservation violations.

The judges ruled the men cannot be prosecuted on both types of charges for the same crime. They said if the men are cited by the DNR with violating the state's hunting laws, which explicitly exempt hunters from animal mistreatment charges, then the criminal animal mistreatment charges cannot be pursued.

The state and attorneys for the men will be allowed to file responses to the Wildlife Federation brief, the court has ordered.

No deadline has been set for a ruling by the court.

Cain said members of the federation, which represents more than 100,000 hunting, fishing and trapping sports participants in the state, did not believe the men should be treated as hunters.

"The federation has found that virtually all hunters found the alleged acts of the defendants in this matter appalling and their characterization as 'acts of hunting' to be demeaning and inaccurate, he said.

"It is safe to say that Wisconsin sportsmen and women do not consider such conduct to be forms of hunting."

While the definition of hunting is broad in state statutes, it does not cover acts such as hitting a deer on a highway with a vehicle or chasing a mourning dove at a bird feeder, Cain argued.

"The alleged acts of the defendants in this matter are relatively unique and far distant from those actions that most citizens and arguably the Legislature would consider 'hunting,'" he said.

Protection that keeps hunters from animal cruelty charges apply "only in situations when they are in full compliance with the state hunting regulations."

The three defendants, he said, "hunted" the deer with snowmobiles, killed them at night, did not have a license, failed to attach tags and failed to register the deer.
Source: greenbaypressgazette.com - Oct 17, 2010
Update posted on Feb 24, 2011 - 1:57PM 
Testimony that Rory Kuenzi and another driver dragged Kevin McCoy's body off the roadway where he was killed provided the break needed to charge Kuenzi on Wednesday with drunken driving causing death and hit-and-run causing death.


Kevin McCoy had left a Town of Farmington underage drinking party on Butts Drive at around 3 a.m., leaving his car behind and walking south toward State 54. As the party was breaking up, three vehicles left, driving in the same direction, one driven by Robert Wollangk, 24, a second driven by Kuenzi, with his passenger, Walter Engel, 23, and a third driven by Adam Klotzbuecher, 24.

The case had been hampered from the beginning by conflicting and often changing statements from the four people closest to the event �" Kuenzi, Engel, Wollangk and Klotzbuecher, according to court documents.

"We have been waiting five years for something like this and I am very happy the AG's office was willing to take the case and pursue the John Doe," Toney said. "Because it is clear the evidence in the John Doe was helpful in developing these charges."

The key evidence came from Adam Klotzbuecher, who initially told investigators that he was following Kuenzi and saw a flash of white when he thought Kuenzi hit something. He said he got a cell phone call from Kuenzi shortly thereafter saying he "had hit a dude." Klotzbuecher later changed his statement to say he thought maybe he said, "What should I do?"

In a January 2005 interview, Klotzbuecher told investigators he stopped, along with Kuenzi, found McCoy's body in the roadway and assisted Kuenzi in moving McCoy's body and dragging it into the west ditch while Engel looked on. However, later in the same interview Klotzbuecher said he never got out of his vehicle.

At the March 2009 John Doe proceeding, Klotzbuecher said he did get out of his vehicle and assist Kuenzi in moving McCoy's body.

Engel testified at the John Doe hearing that he thought they hit a deer and didn't stop, resulting in the perjury charge. Engel also testified that he saw Kuenzi consume five beers at the party and he thought Kuenzi was intoxicated.

The McCoy investigation received a boost in January after Kuenzi was arrested, along with two others, for running down and killing a group of deer with their snowmobiles. Bowing to pressure, the Waupaca County District Attorney's Office turned the 2004 hit-and-run case over the state Department of Justice, which re-interviewed the witnesses and sought the John Doe proceeding, an investigation supervised by a judge who hears testimony from witnesses under oath behind closed doors.

Initial appearances for Kuenzi and Engel are set for Dec. 10.

Friends and family have maintained the case was more than an accident because there was bad blood between Kuenzi and McCoy.
"Unless someone is willing to say more than they have so far, it doesn't look like they will have that kind of charge," Toney said. But, as for the drunken driving/homicide charge, "That is something we had been hoping for all along."
Source: postcrescent.com - Nov 11, 2009
Update posted on Feb 24, 2011 - 1:54PM 
Waupaca Co. prosecutors have declined to dismiss any charges against Rory Kuenzi, despite an order from the judge to do so.

Kuenzi is one of three men charged in Waupaca County with allegedly running down deer on snowmobiles, killing them last winter.

The animal cruelty charges against Robby Kuenzi - Rory's brother - were dismissed after his attorney successfully argued that state law prohibits cruelty charges against those who are hunting. The judge ruled since prosecutors filed several misdemeanor and ordinance violations, alleging such crimes as hunting without a license and hunting during a closed season, that the animal cruelty charges be dismissed.

The county has asked the Attorney General's office to appeal the decision in Robby Kuenzi's case. A spokesman could not be reached Monday to say if a decision had been made.

Rory Kuenzi's attorney then made the same arguments, but to a different judge. Last week, Judge Philip Kirk gave the Waupaca County District Attorney's office until today to make a decision. But in a letter to the judge filed this morning, Asst. D.A. Jim Fassbender said he stands by his original charging decision and is not dismissing any counts.

Fassbender declined to comment further.

FOX 11's Mark Leland is in Waupaca County, awaiting a decision by Judge Kirk. Last week, Kirk indicated if the D.A.'s office didn't choose which counts to dismiss, then he would. It is unknown, however, when the judge might issue a ruling.

Each of the six animal cruelty counts carries a maximum penalty of 3 years, 6 months in prison, if convicted. The misdemeanor offenses could result in jail time and ordinance violations can only result in fines.

A third man, Nicholas Hermes, faces a similar set of charges. He returns to court July 22.
Source: fox11online.com - Jun 29, 2009
Update posted on Feb 24, 2011 - 1:48PM 

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