. 1A: 12/1#16 @ 10:30 A.M. STATE OF WISCONSIN CIRCUIT COURT CRIMINAL COMPLAINT DANE COUNTY FILED NOV 2 8 2016 STATE OF WISCONSIN ! DANE COUNTY CIRCUIT COURT Plaintiff, -vs- Ref. Agency: Madison (City) Police Department DA Case No.: 2016DA006787 Assigned DA/ADA: Agency Case No.: 2015-00340181 ERICH VLACH 15135 Arrowhead PI Brookfield, Wl 53005 DOB: 09/28/1993 Sex/Race: M/W Eye Color: Blue Hair Color: Brown Height: 6 ft 4 in Weight: 170 lbs Alias: Court Case No.: 2016CM 2 I ATN: Defendant, COMPLAINING WITNESS Mark Zwart/Kris Acker/Shari Nitzsche/Dave Gouran The above-named complaining witness being first duly sworn states the following: Count 1: FOURTH DEGREE SEXUAL ASSAULT The above-named defendant on or about Sunday, September 20, 2015, in the City of Madison, Dane County, Wisconsin, did have sexual contact with JEK (DOB 2/25/1997), without that person's consent, contrary to sec. 940.225(3m), 939.51 (3)(a) Wis. Stats., a Class A Misdemeanor, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than nine (9) months, or both. FACTS: Your complainant is a Court Officer with the City of Madison Police Department and for this complaint is relying on the typed written police reports submitted by Madison Police Officer(s) Tyler Phillips. Officer Phillips reports on October 5, 2015, at approximately 4:40 p.m., he was assigned a phone call regarding a possible sexual assault that occurred sometime on September 20, 2015, at 1124 Bowen Court, in the City of Madison, Dane County, Wisconsin. Officer Phillips reports he contacted the phone number listed in the call notes and spoke with the victim advocate from Marquette University who identified herself as Katie A. Adler. Adler stated she had the victim in her office who wished to speak with the Madison Police Department regarding a sexual assault that had occurred. 08/16/2016 1 •STATE-OF WISCONSIN - VS - Erich Vlach Officer Phillips reports he spoke with J.E.K. (DOB: 02/25/1997) and she stated she had traveled with Erich Vlach, the defendant herein, to the above stated address on September 20, 2015, at approximately 10:30 p.m. J.E.K. stated she was friends with the defendant and they are both students at Marquette University. J.E.K. stated during the drive time from Marquette University to Bowen Court, she spoke with the defendant and together they agreed that their relationship was only in the friendship level and stated they had never been romantic or had any sexual contact between one another. J.E.K. stated there was a house party going on at Bowen Court and at approximately 1:00 am, she fell asleep out in a screened-in porch on the back side of the house which had two sleeping surfaces on it. J.E.K. stated she fell asleep on a futon and the defendant joined her out on the second sleeping surface, which she described as perpendicular by her feet. Officer Phillips reports J.E.K. stated the defendant’s head was at her feet and his positioning allowed his left arm to be extended up toward her torso. J.E.K. stated sometime between 1:00 a.m. and 1:30 a.m., she began feeling a pressure on her shirt and she looked down and realized that the defendant had used his left hand to grab both of her breasts under her bra. J.E.K. stated she did not consent to this and repositioned her body, which made the defendant retract his hand out from under her bra. Officer Phillips reports J.E.K. stated she rolled onto her side and the defendant began retracting his hand, bringing it down her abdomen. J.E.K. stated she was wearing black leggings with underwear on at the time and the defendant placed his hand on or around her buttocks area. J.E.K. stated the defendant moved his hand from her backside onto her vaginal area and began to rub her vagina on top of the clothing. J.E.K. stated she did not expressly tell the defendant to stop his advancement and stated she fell asleep and did not remember how long it may have occurred after that. Officer Phillips reports J.E.K. told him she did not specifically tell the defendant to stop because she was concerned that he was 6’4” and she was 5’8”, as well as the fact that she was out in this screened-in porch by herself. Officer Phillips reports J.E.K. told him, “He knew what he was doing,” in regards to the placement of his hand on her body, rather than it being misconstrued as a drunken slumber with uncontrolled body movements during sleep. J.E.K. stated she did not make any sexual advances toward him and stated that they were “friends.” Officer Phillips reports J.E.K. told him she did not give consent for this to happen to her. J.E.K. stated she did not feel any pain at the time, was not held against her will, had not been doing any drugs, but was intoxicated at the time. Officer Phillips reports J.E.K. told him during the incident, the defendant had already unbuckled his pants and she believed he had removed his pants to allow himself to pleasure himself. J.E.K. stated she believed the defendant was using his right hand to masturbate during the incident, however, she could not see anything for sure as he was under blankets. J.E.K. stated when she stood up in the morning at approximately 10:00 a.m. to leave with him around noon, she did observe the defendant pull up his pants and buckle them. **THIS COMPLAINT IS BASED ON the information and belief of your complainant, who is a Court Officer for the City of Madison Police Department, and who learned of the above offense from the report(s) of Madison Police Officer(s) Tyler Phillips, which report(s) your complainant believes to be truthful and reliable inasmuch as they were prepared during the course of the officer(s) official duties. 2 • STATE OF WISCONSIN - VS - Erich Vlach Further, your complainant believes the information furnished by J.E.K. (DOB: 02/25/1997) to be truthful and reliable inasmuch as she is a citizen informant(s) and witnessed the events described. Subscribed and sworn to before me, and approved for filing on: This^■3 day of November, 2016 cr ASSISTANT/DEP DISTRICT ATTORNEY DANE COUNTY, WISCONSIN 3 ^pOJSZlP^INANJX