OCONTO – A Lakewood man was sentenced to four years in prison for choking a woman until she passed out.
Tyler Valek, 29, will then serve five years on extended supervision, Judge Jay N. Conley decided at a hearing July 10.
Conley noted that Valek had been on probation for a strangulation incident when this incident occurred on March 18, 2018.
The 31-year-old victim reported the incident at Valek’s residence about three weeks later. She told an Oconto County deputy that she and Valek were having sex when he asked her to stand by the bedroom door, and was going to do something she thought he would like.
After she stood, Valek grabbed her by the neck and began to squeeze very hard. After she tried but was unable to remove his hand, she lost consciousness.
When she woke, Valek told her he could have killed her if he wanted to, and she crawled onto the bed to catch her breath. Valek continued having intercourse with her, even though she didn’t want to, but was unable to speak or indicate that.
Valek pleaded guilty to strangulation and suffocation with a previous conviction as part of a plea agreement, under which a repeater modifier that would have increased the maximum sentence of 10 years by four years was deleted.
Conley considered counts of third-degree sexual assault, second-degree recklessly endangering safety, battery and disorderly conduct, all as a repeat offender, but they were dismissed.
Valek, then from Gillett, was also sentenced in November 2014 to three years in prison and three years extended supervision for strangulation and suffocation over an incident in August 2014.
District Attorney Edward Burke said there was also a prior conviction involving strangulation. He noted that Valek was very honest in speaking to the probation agent, telling the agent that he got very angry and didn’t know what else to do.
“He lashed out, and she paid the price for that,” Burke said.
Defense attorney David Moss said Valek has recognized he has an extreme anger issue that he needs to address.
Valek declined to make a statement to the court.
Conley made his sentence in this case consecutive to Valek’s remaining 21-month term in prison for his extended supervision revocation the 2014 case.
“You are a danger to the public, Mr. Valek,” Conley said. “No question about it.”
Conley ordered that Valek complete any assessment and treatment directed by the Department of Corrections, undergo a psychiatric and psychological examination and any follow-up, complete an anger management assessment and programming, and not have contact with the victim.
After he was released on extended supervision, Valek was ordered to maintain absolute sobriety and full-time employment, and pay $288 court costs, $200 DNA surcharge, $105 in service fees, and department supervision fees.
The following defendants were recently sentenced in Oconto County Circuit Court by the Hon. Michael T. Judge or the Hon. Jay N. Conley. Felony counts punishable with a prison term are denoted by an “(F).” (Certain charge enhancers, such as “repeater” for repeat offenders, can also result in a prison term.) The amount of restitution includes local and state surcharge totaling 15 percent. A “read in” charge is one the judge can consider when deciding a sentence but is then dismissed as part of a plea agreement. COMPAS is a risk and needs assessment used to prepare plans to guide offenders throughout their time in criminal justice system. If expunction is granted, the defendant must successfully complete the sentence, stay crime free during a prescribed amount of time and file a petition with the court. All aspects of a sentence may not be included. A defendant sentenced to prison and deemed eligible by the judge for the Challenge Incarceration Program (CIP) or the Substance Abuse Program (SAP) can enter the program at the discretion of the Department of Corrections, with successful completion converting the remainder of their confinement to extended supervision.
- Kelly P. Grzbowski, 24, of Oconto, was sentenced July 24 by Judge Judge to three days jail (time served) and pay $525 fine/court costs and $200 DNA surcharge for disorderly conduct-repeater. Grzbowski was charged June 28, 2018 over an incident June 9, 2018 in the city of Oconto.Preston W. Theoharopoulos, 20, of Pulaski, was sentenced July 29 by Judge Judge to a determinate sentence of 15 months in prison and two years extended supervision for causing a child 13-18 to view/listen to sexual activity (F), and a concurrent nine month jail term for fourth degree sexual assault. He was ordered to register with the state sex offender registry, undergo sex offender treatment and follow-up, complete a COMPAS assessment and follow-up, have no contact with the victim and pay a total of $551 court costs, $450 in DNA surcharges and $83 in service fees. Expunction was granted. Two counts of sexual assault of a child under age 16 were read in and dismissed. Theoharopoulos was charged April 19, 2018 over an incident March 17, 2018 in the town of Gillett, and reported to authorities two days later.
- Duane W. Schwender, 63, of Peshtigo, was sentenced July 31 by Judge Conley to six days jail (credit 1 day) with good time, for obstructing an officer, and pay $525 fine/court costs and $200 DNA surcharge. Schwender was charged April 4 over an incident March 24 in the town of Pensaukee.
- Kelly P. Grzbowski, 24, of Oconto, was sentenced July 24 by Judge Judge to three days jail (time served) and pay $525 fine/court costs and $200 DNA surcharge for disorderly conduct-repeater. Grzbowski was charged June 28, 2018 over an incident June 9, 2018 in the city of Oconto.
After probation/VIP revocation
- Jerry L. Swiger, 54, of Oconto, was sentenced July 29 by Judge Conley to 20 days jail (credit eight days) with good time and work release for battery-domestic abuse, and ordered to pay $363 court costs and $200 DNA surcharge. Swiger had received a one year deferred judgment agreement on April 25, 2018 and ordered to serve one year on Oconto County VIP, but that was revoked on July 22. He was originally charged over an incident July 6, 2017 in the town of Pensaukee.
The following defendants recently made initial appearances in Oconto County Circuit Court. Felony counts punishable with a prison sentence are denoted by an “(F).”
- Lily A. Miller, 22, of Suring, was charged July 26 with possession of methamphetamine (F), maintaining a drug trafficking place-party to a crime (F) and possession of drug paraphernalia over an incident July 23 in the town of Breed, in which two glass bongs, a grinder with marijuana particles, three glass pipes, two used syringes, baggies and straws with residue were found when a search warrant was executed in the 11000 block of Moody Lake Circle. Bond on July 26: $1,000 cash.
- William A. Gerloff, 62, of Sobieski, was charged July 24 with strangulation and suffocation (F), battery and disorderly conduct – all with domestic abuse modifiers – over an incident July 23 in the town of Chase, in which a man said he was grabbed by the throat during an argument in the 1000 block of Gary Alberts Lane. Bond on July 24: $1,000 cash.
- Thomas Q. Borchert, 43, of Oconto, was charged July 31 with criminal damage to property and bail jumping over an incident July 26 in the town of Little River. Bond on July 29: $2,500 cash.
- Jason R. Heitz, 40, of Sobieski, was charged July 31 with disorderly conduct-party to a crime over an incident July 28 in the town of Little Suamico. Bond on July 29: $1,500 signature.
- Devon A. Tucker, 20, of Sobieski, was charged July 26 with disorderly conduct-party to a-crime-repeater over an incident July 25 in the town of Chase. Bond on July 26: $500 cash.
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