Brown County judge orders ex-prison guard accused of hate crime to stand trial in February

Shane Nolan, a former prison guard charged with substantial battery and disorderly content with hate-crime penalties, sits next to his attorney during a plea

By Edward Era Barbacena

A Brown County Circuit Court judge has ruled a former prison guard will go to trial in February, charged with attacking a woman last July by referring to her sexual orientation in a derogatory manner, pushing her into a fire and then attempting to strangle her.

The decision by Judge Kendall Kelley to dismiss an amended plea agreement Tuesday for Shane Nolan keeps the hate-crime penalties in place.

Nolan, who was 30 at the time of the alleged attack, was originally charged with felony substantial battery and misdemeanor disorderly conduct, both enhanced with hate-crime penalties. Nolan was a prison guard at Green Bay Correctional Institute at the time of the attack; his employment was terminated in November.

Through a plea agreement negotiated by Brown County District Attorney David Lasee, those charges had been reduced to three misdemeanors without hate-crime enhancers. Those plea agreements were dismissed Tuesday.

"A trial poses a significant risk that the matter will not turn out as hoped for or as expected by the victim … but I am going to decline to accept the amended information today," Kelley said.

Even before the plea hearing convened at 8:30 a.m., the third floor of the Brown County Courthouse was packed with people, including Diverse and Resilient anti-violence advocates, Rep. Kristina Shelton, D-Green Bay, and Dessiray Koss, the victim of the alleged assault.

Nolan was arrested on July 4, 2021, accused of assaulting a woman, calling her a derogatory LGBTQ term, throwing her in a fire pit and attempting to strangle her, according to police records.

Koss suffered first-, second- and third-degree burns, some of which were so extensive recovery involved plastic surgery, according to police reports. Diverse and Resilient's Nick Ross, an anti-violence advocate, spoke on behalf of Koss at Tuesday's plea hearing.

Lasee emphasized that while he appreciated Koss' victim impact statement and the trauma she experienced, he told the judge Tuesday there were "unusual components" to this case, including the fact nobody called 911 to the scene of the crime the night of the incident.

Koss' sister, a key eyewitness, was not at HSHS St. Mary's Hospital when law enforcement officers intervened, and Nolan, too, had a number of injuries, Lasee said.

While Lasee said he had "no reason to doubt the victim," Nolan has no prior criminal record. Lasee said (in court) the reason behind the reduction to three misdemeanors had everything to do with balance and consistency with "what we typically do."

Lasee said he wasn't sure the state would be able to prove beyond a reasonable doubt the violence was motivated by hate. He weighed the circumstances, including the fact that the parties had gathered around the fire pit for about a half hour before the incident and Nolan made "no indication that he had a problem with (Koss') sexual orientation."

"I don't know that we'd be able to prove beyond a reasonable doubt that the crime was motivated by her sexual orientation, as opposed to motivated by drunken, stupid, inappropriate behavior on the part of the defendant," Lasee said Tuesday.

Before dismissing the amendments to the charges, Kelley explained his responsibility at the plea hearing. The court, he said, is not involved in plea negotiations. His presence was to determine the merits of the plea agreement and to present the "candid reality," Kelley said, that a trial could make matters harder for the victim.

One reason for negotiating the charges, Kelley said, is that it offers a conviction and an end to the court proceedings, rather than running the risk of retraumatizing Koss during a trial.

But Ross, of Diverse and Resilient, said the victim wanted this to go to trial for a few reasons. For one thing, Ross said, the victim didn't consent to the plea agreement. Proceeding to trial with the hate-crime enhancer would send a message that violence against a protected group is never OK, Ross said.

"We definitely believe this would go against the great public interest because this extreme form of violence would present safety concerns to the public, especially the LGBTQ community," Ross said. "We feel that accepting the plea agreement deteriorates the seriousness of the offense, and also promotes disrespect for the law — specifically hate crime laws."

Clarence Duchac, Nolan's defense attorney, said the facts of this case aren't "necessarily clear," but Nolan accepted responsibility for his actions.

"I ask the court to adopt it so he can move forward with his life. The victim can move forward with her life. And he'll receive the penalty that he's going to receive," Duchac said.

Upon Kelley dismissing the amendments, a woman in the audience stood up claiming to be Nolan's sister. She called the proceedings "ridiculous," stated she was a member of the LGBTQ community and was escorted out.

Kelley suggested the trial next year would take two to three days.

"Don't wait until the last minute to be engaged in the process," Kelley said. "Witnesses need to be here so we can complete this matter and bring it to a conclusion for everyone."