Serving Gogebic, Iron and Ontonagon Counties

Bear Trap defendant looks to withdraw guilty plea

By RICHARD JENKINS

[email protected]

Hurley — An attorney representing Donald F. Rick filed a motion in Iron County Circuit Court Wednesday to withdraw Rick’s guilty plea in the case of Lisa Waldros’ murder in the March 12, 2016 fire that destroyed the Bear Trap Inn in Saxon.

Rick, 45, pleaded guilty to first degree murder December 8, while five additional counts against him were expected to be dismissed but read into the record at his April 13 sentencing. The sentencing was later moved to June 1.

Assistant State Public Defender Courtney Latzig, who is representing Rick, argued in her motion to withdraw his plea that the factual basis for the plea was wrong.

“The factual basis that was found at the plea hearing on Dec. 8, 2016 is an error and the defendant did not commit the offense charged,” Latzig wrote in her motion, citing relevant case law as precedent for her motion.

The motion goes on to say Rick wants to withdraw the confession he made on April 14, 2016, claiming he didn’t kill Waldros and was simply protecting the real killer — Jessica Carli.

Carli, 42, is also facing charged with aiding a felon in connection to the murder and fire; as authorities allege she helped Rick cover up the murder. The charge is a felony punishable by up to 10 years in prison and/or a $25,000 fine.

Online records show Carli is next scheduled to be in court June 20.

Latzig further argues Rick’s statements are the only evidence linking him to Waldros’ homicide.

The first degree murder charge carries a sentence of life in prison. Wisconsin doesn’t have the death penalty.

“I understand my conduct caused caused her death,” Rick said during his plea hearing.

He is now denying he killed Waldros, 52, of Kimball, while robbing the tavern after it closed.

The fire occurred around 3:20 a.m., on March 12, with Waldros’ body found in the rubble of what was the tavern’s bathroom area two days after the fire.

Later in the morning of the day of the fire, Iron County Sheriff’s Department deputy Eric Snow was approached by a Saxon resident, Ray Smith, who was bitten by a dog that was being walked by Rick. Snow then went to Rick’s residence to talk about the dog bite, and Rick quickly changed the conversation to the fire, according to the criminal complaint.

An autopsy revealed Waldros had been stabbed five times in the neck, with one wound severing her jugular vein.

A special agent with the state fire marshal’s office said he noticed an odor on the victim’s clothing that he believed to be an accelerant. The clothing tested positive for gasoline, according to the state crime laboratory.

Rick, a convicted sex offender, was apprehended shortly after the fire and was then detained in jail for probation violations relating to the prison time he served for the assault of a child 13 years ago.

Two guns were found in a search of his residence in Saxon, a violation of his probation.

Rick and Carli both previously told investigators they had gone to the Lac du Flambeau’s Lake of the Torches Casino that Friday night and lost all their money. While driving home, Rick allegedly said he decided to commit a robbery to regain the cash — leading to the decision to rob the Bear Trap, which was about a block from where he lived, after it closed.

Rick is alleged to have stabbed Waldros during a scuffle while attempting to rob the tavern, then set fire to the building.

Special Prosecutor Richard Dufour, with the Wisconsin Attorney General’s office, will argue the motion for the prosecution.

 
 
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