Illegal Possession of Firearm

Posted on 03/24/2022

Date: March 24, 2022
Case: Illegal Possession of Firearm 22-8559
Authority: Detective Lieutenant Tim Kemps

The Washington County Sheriff’s Office has completed a criminal investigation concerning Washington County Board Supervisor - District #17, Timothy C. Michalak. On March 22, 2022, a request for criminal charges was referred to the Washington County District Attorney’s Office after an incident involving the possession of a firearm that occurred before the Washington County Board of Supervisors and Administrative Committee meetings on March 9th, 2022.

It is alleged that before the start of the Administrative Service Committee meeting, Timothy C. Michalak was talking with another county employee. During the conversation, a concealed firearm dropped from the supervisor’s waistband and fell to the floor under a table. The county employee picked it up thinking it was a cellphone, but quickly realized that it was a holstered firearm. The firearm was handed back to the supervisor who again concealed the firearm.

The Washington County Board of Supervisors meetings have been held at the Washington County Sheriff’s Office for several months because the normal chambers are being remodeled. State law reads that people with a valid CCW permit can carry a firearm in government buildings, however individuals are not permitted to carry it in public safety buildings. State law also dictates that if you do not have a valid CCW permit, individuals cannot possess a concealed firearm in any government building. The investigation revealed the supervisor had an expired CCW permit at the time of the offense.

Based on the investigation, detectives requested charges for Carrying a Concealed Weapon and Carrying a Firearm in a Public Building in violation of Wisconsin State Law. The supervisor implied to detectives that as an elected official he believed he was exempt from the law and could carry his firearm inside police departments and the sheriff’s office. Both charges are Class A misdemeanors and if charged and convicted would be punishable up to nine months in county jail, and a $10,000 fine.

Washington County Sheriff Martin Schulteis said, “As soon as I heard about the incident, I directed our investigators to conduct a full investigation. Typically, we do not release identifying information before formal charges are filed; however, this case involves a public official and an alleged act done while he was performing in his official capacity in a public venue. In the interest of transparency, and the public’s right to know, I have deemed releasing this information as appropriate. This is an unfortunate event, by someone with a proven track record of public service and public safety support, but the community needs to trust that public officials are also held accountable to the people and the laws of this state.”

Pursuant to the directive of the Wisconsin Supreme Court, as found in Supreme Court Rule 20:3.6 - Trial Publicity, be advised that a charge is merely an accusation, and the individual is presumed innocent until and unless proven guilty.