Madison activist arrested with bat and bullhorn was on probation

Legal experts say this could lead to longer time in custody
Published: Jun. 25, 2020 at 7:03 PM CDT
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MADISON, Wis. (WMTV) - It could be a while before the 28-year-old man arrested Tuesday after he walked into a restaurant along Capitol Square with a bullhorn and bat is let out of jail.

The arrest spurred violent protests, with activists demanding he be released. On Wednesday, Madison Mayor Satya Rhodes-Conway called for a quick resolve his appearance before a judge be expedited.

NBC15 learned from court documents and law enforcement the man was on probation from a prior conviction when he was arrested, which could extend the time he is in custody.

A spokesperson for the Wisconsin State Public Defenders, Adam Plotkin, explained in a typical case, someone arrested would have a bail hearing within a few days. But, when someone is on probation, they will be held longer so the Dept. of Corrections can conduct a separate investigation.

“If a person is arrested on new charges, but is also being held on a probation revocation, the custody status of the probation proceeding trumps the custody status of the new charges,” he said.

A DOC spokesperson sent NBC15 an email confirming the man is on probation and quote: “We do have a hold on him due to the arrest. When this happens, DOC conducts its own investigation, parallel to the police investigation. We would reevaluate the hold after our investigation, which is underway.”

Plotkin said timelines for these investigations vary, but proceedings sometimes move forward within a week or two.

Officials said the man should be in court on Friday.

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