Ksb lA 3/24/11 at 8:30am

STATE OF WISCONSIN

CIRCUIT COURT

DANE COUNTY

CRIMINAL COMPLAINT
STATE OF WISCONSIN
Plaintiff,
-vsANDREW M BEULEN
661 Mendota Ct Apt 502
Madison, Wl 53704
DOB: 01/29/1990
Sex/Race: M/W
Eye Color: Blue
Hair Color: Brown
Height: 5 ft 9 in
Weight: 160 lbs
Alias:

DA Case No.: 2011DA002467
Agency Case No.: MAPD 11-54307
Court Case No.: 2011CF U fO
ATN:
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Defendant,
COMPLAINING WITNESS
Zwart, Palmer, Nitzsche, Rietzler
The above-named complaining witness being first duiy sworn states the foiiowing:
Count 1: SECOND DEGREE SEXUAL ASSAULT
The above-named defendant on or about Saturday, February 26, 2011, in the City of
Madison, Dane County, Wisconsin, did have sexual contact and intercourse with a person,
N.J.R., who was under the influence of an intoxicant to a degree which rendered that
person incapable of giving consent, and the defendant had the purpose to have sexual
contact and intercourse with the person while the person was incapable of giving consent,
contrary to sec. 940.225(2)(cm), 939.50(3)(c) Wis. Stats., a Class C Felony, and upon
conviction may be fined not more than One Hundred Thousand Dollars ($100,000), or
imprisoned not more than forty (40) years, or both.
FACTS:
Your complainant is a Detective with the City of Madison Police Department and for this
complaint is relying on the reports of City of Madison Police Detective Pedro OrtegaMendoza.
Det. Ortega-Mendoza reports that on February 28, 2011, he made contact with an adult
male identified by a name that forms the initials NJR, in reference to an incident which
occurred on February 26, 2011, between 2:00 a.m. and 3:00 a.m. at 661 Mendota Court,
#502 in the City of Madison, Dane County, Wisconsin. NJR stated that he and his
roommates, Nathaniel Kinney and Andrew Beulen, the defendant herein, had been
drinking heavily at a neighbor’s on the evening of February 25, 2011 and at approximately
midnight he returned to their apartment, #502. NJR stated he vomited in the bathroom and
was later told that his roommates put him on his bed.
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 STATE OF WISCONSIN - VS - Andrew M Beulen

NJR Stated he “blacked out” and at approximately 2:30 or 3:00 a.m., he woke up and
noticed that the defendant was performing oral sex on him. He stated the defendant was
bending over with his hands on the bed and NJR’s penis in his mouth “sucking him” in a
thrusting motion. NJR stated he didn’t know what to do and pretended as if he was
sleeping. NJR stated the defendant also licked “his testicles” at one point. NJR stated he
then noticed the defendant stood up and suddenly felt what he believed was the
defendant’s penis being rubbed on his face but did not believe it penetrated his mouth.
NJR stated that the defendant then grabbed his hand and placed it on his penis as if he
was going to have him “jack him off” but since he was pretending to be asleep, his hand
kept falling off and the defendant gave up. NJR stated this lasted about five minutes and
the defendant then left the room.
NJR stated that he then turned to sleep on his stomach so that if the defendant came back
he wouldn’t be able to do the same thing. NJR stated the defendant left the room for
approximately 30 seconds to a minute and then came back. NJR stated he then felt the
defendant spread his “butt cheeks” apart and “licked his anus.” NJR stated this lasted
approximately two seconds and he was then rolled over onto his back. The defendant
then performed oral sex on him and rubbed his penis with one of his hands. The
defendant then moved to kiss his chest, abs, and then did the same thing with his penis by
taking it out and rubbing it on his face. NJR stated the defendant’s penis was erect. NJR
stated this all took about 5 minutes. NJR stated he started making noises as if he was
waking up and the defendant then left the room. NJR then noticed that his jeans were
pulled down and his shirt was pulled up showing his “nipples.” When asked why he didn’t
do anything when the assault was occurring, NJR stated, “I guess I was afraid of the
confrontation and what might happen, mainly fear.”
Det. Ortega-Mendoza contacted Nathaniel Kinney. Kinney stated that upon returning to
the apartment on February 26, 2011 with the defendant and another friend, they noticed
NJR had locked himself In the bathroom. They unlocked the door and NJR was lying on
the floor and appeared heavily intoxicated. Kinney stated that he tried to wake NJR up for
approximately five minutes, and although NJR was breathing, he was mumbling and his
answers and statements were making no sense. Kinney stated that he, the defendant and
another friend picked up NJR and put him in his bed. Kinney stated that NJR had his
clothes on.
Det. Ortega-Mendoza contacted the defendant in reference to the above incident. The
defendant stated that he and his roommates, including NJR, were “very drunk.” The
defendant stated that he, Nathaniel Kinney and two others helped put the defendant into
bed after finding him in the bathroom. The defendant stated he remembers being in NJR’s
room “sexually assaulting him.” The defendant stated that he was performing oral sex on
NJR and that suddenly while NJR’s penis was in his mouth, he realized what he was doing
was wrong and left the room. The defendant stated he was very intoxicated and only
remembered about 10 seconds of the entire incident. He added that he just remembered
performing oral sex on NJR and then going to the couch in the living room and falling
asleep. When asked if he thought NJR would be receptive, the defendant stated, “I know
he wouldn’t be; how I ended up in there was wrong and didn’t think until Saturday night
about what had happened and felt horrible.”
**THIS COMPLAINT IS BASED ON the information and belief of your complainant, who is
a detective for the Madison Police Department, and who learned of the above offense from
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 STATE OF WISCONSIN - VS - Andrew M Beulen

the reports of Madison Police Detective Pedro Ortega-Mendoza, which reports your
complainant believes to be truthful and reliable inasmuch as they were prepared during the
course of the officer’s official duties.
Further, your complainant believes the information furnished by NJR and Nathaniel Kinney
to be truthful and reliable inasmuch as they are eyewitnesses/citizen informants to the
events reported.
Your complainant believes the statements of the Defendant to be truthful and reliable
insofar as they are admissions against penal interest.
Subscribed and sworn to before me,
and approved for filing on:
This_____day of March, 2011.

ASSISTANT/DEP DISTRICT ATTORNEY
DANE COUNTY, WISCONSIN

COMPLAINANT

..V '

3/ 16/2011

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