Sunday, May 8, 2011

Chippewa Falls, WI: Trial starts next week for man accused of killing ex's boyfriend

William F. Vollbrecht is accused of fatally shooting Christopher Farmer in May 2010 in the town of Lafayette. Vollbrecht's murder trial begins Monday.
Posted: Friday, May 6, 2011 10:22 pm
By Chris Vetter Chippewa Falls News Bureau | 0 comments
CHIPPEWA FALLS — William F. Vollbrecht admits he killed Christopher Farmer in his sleep last year in the town of Lafayette, but his lawyer is expected to argue alcohol clouded Vollbrecht's judgment during that act.
Vollbrecht, 33, is accused of fatally shooting Farmer on May 13 and is charged with first-degree intentional homicide, which carries a mandatory life in prison sentence. His trial begins Monday.
Vollbrecht also is charged with strangulation and suffocation of his ex-girlfriend, Tammy Clark, and armed burglary. The trial could last the week. Vollbrecht has pleaded not guilty.
At a hearing last month, Vollbrecht's attorney, Steve Kohn of Milwaukee, informed Judge Steven Cray that Vollbrecht intends to testify, and he indicated that Vollbrecht's memory of that night is fuzzy because of alcohol consumption.
"There is certain conduct he doesn't remember at all or isn't clear about," Kohn said at that hearing.
At a hearing in March, Kohn said Vollbrecht appeared to be intoxicated when he was interviewed by authorities after the shooting. Kohn said he won't contest to that footage being used at the trial.
"I think it is important for the jury to see and hear that video," he said at the hearing.
A toxicology report in the court file shows that Vollbrecht's blood alcohol level was 0.183 after the shooting — more than twice the legal limit — and that Vollbrecht didn't consume any alcohol between the time of the shooting and the time he was arrested.
Assistant district attorney Roy Gay wrote a brief to the court that indicates the state will reject the idea that Vollbrecht was too intoxicated to be aware of his actions.
After the shooting, Vollbrecht reportedly "jumped onto the Farmer bed and asked the victim, ‘Who's laughing now, mother (expletive),' " Gay wrote. "Such evidence is relevant as to Mr. Vollbrecht's state of mind and as to his intent to commit first-degree intentional murder."
In another court document, Gay indicated there was a previous confrontation between Vollbrecht and Farmer prior to the shooting during which Vollbrecht threatened Farmer.
Neither Kohn nor Chippewa County District Attorney Jon Theisen has spoken to the media about the case recently. But Theisen's earlier comments indicate he believes Vollbrecht killed Farmer because of a relationship dispute.
"The factual scenario is that Mr. Vollbrecht could not have a relationship with a woman that he wanted," Theisen told Cray at a hearing after Vollbrecht was arrested in May 2010. "He was willing to use a firearm, making him a dangerous person."
Kohn said Vollbrecht does not plan a defense based upon a mental disease claim. Vollbrecht, who has attempted suicide in the past year while in the Chippewa County Jail, is being watched carefully in the jail's holding area, Chippewa County Sheriff Jim Kowalczyk said.
Shooting, struggle
Vollbrecht killed Farmer after a day-long drinking spree, records show.
According to court records:
After a day of drinking alcohol on May 13, 2010, Vollbrecht pulled up to Clark's home at 20430 70th Ave. in the town of Lafayette and fired a shot from his Winchester rifle at 11:30 p.m. Seeing that Clark wasn't there, Vollbrecht drove to Farmer's nearby home.
Vollbrecht entered the home and went to the bedroom, where he found Farmer sleeping with Clark.
Vollbrecht told authorities he "dropped to his knees and felt like he was going to start crying." He then stood up and shot Farmer once in the neck, killing him in his sleep.
Clark was awakened by the gunshot. She wrestled the gun from Vollbrecht and brought it outside. Vollbrecht was choking Clark when authorities arrived at the scene.
The gun was recovered on the lawn outside the house. Vollbrecht was taken into custody without incident.
The Vollbrecht case marks the third murder trial in Chippewa County this year. In January Shane Hawkins admitted to stabbing and killing Jason Grau in Chippewa Falls. Three months later William A. Ball admitted to shooting and killing Kyle Ryba in Boyd.
Both Hawkins and Ball were convicted. Ball subsequently killed himself.
Vetter can be reached at 715-723-0303 or chris.vetter@ecpc.com

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