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Timothy+J+Wick[1]

Timothy+J+Wick[1]

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STATE OF WISCONSIN

CIRCUIT COURT

DANE Co.UNTY .

THE CRIME(S) OF: OFFENSE DATE:

Intentional Child Abuse.- Bodily Harm; PTAC on or between Intentional Child Abuse - Bodily Harm; PTAC September 18,

. 2009 through March 18, 2010

on or between March 19,2010 through November 19,2010

CONTRARY TO WIS. STAT(S).: 948.03(2)(b); 939.05 948.b3(2)(b); 939.05

Plaintiff,

[J COpy

STATE OF WISCONSIN

-vs-

TIMOTHY J WICK· 315 Anne St Mazomanie, WI 53560 DOB: 10/24/1983 Sex/Race: MIW

Eye Color:

Hair Color:

Height:

Weight:

Alias:

COURT CASE #:

DA Case #: 2011DA001195 Agency Case #: DCSD 10-325602

Defendant(s).

SUMMONS

THE STATE OF WISCONSIN TO SAID DEFENDANT:

A complaint, a copy of which is attached, having been made accusing the defendant of committing the crime(s),of:

The original of such complaint has been filed in. the office of the Clerk of 'Courts for Dane County.' You, the defendant, .are therefore summoned to appear before the Circuit Court of Dane County, at the Dane County Courthouse, 215 S. Hamilton Street Madison, WI 53703 in courtroom 1A on:

DATEITIME: March 24, 2011 at 10:30 a.m.

And in case of your failure to appear, <?- warrant for your arrest may be issued.

~~

Assistant DIs rict Attorney

n'ltV'Lh 171 21) 1 (

Date , .

CERTIFICATE OF SERVICE

I hereby certify that I served a copy of the Summons and Criminal Complaint upon the within

named defendant by:' .

(X) Personal service ( ) Attempted

3/17/2011

( ) Substitute service by leaving with: _

( ) Not pound

STATE OF WISCONSIN - VS - Timothy J Wick

Date: OJ ,-/cf-II, t);(}/ f.. v'1t' By DCSO Dep.: OGr:- dT-;cveJ 6« -r;;w;l/l8

,

IF YOU REQUIRE THE ASSISTANCE OF AUXILIARY AIDS OR SERVICES BECAUSE OF A DISABILITY, CALL (608) 266-4678 (TOO (608) 266-4625) AND ASK FOR THE COURT ADA COORDINATOR

3/17/2011

2

STATE OF WISCONSIN

CIRCUIT COURT CRIMINAL COMPLAINT

DANE COUNTY

STATE OF WISCONSIN

Plaintiff,

-vs-

ANDREA L WICK 315 Anne St Mazomanie, WI 53560 DOB: 11/03/1984 Sex/Race: FIW

Eye Color:

Hair Color:

Height:

Weight:

Alias:

DA Case No.: 2011 DA001195 Agency Case No.: DCSD 10-325602 Court Case No.:

ATN:

TIMOTHY J WICK 315 Anne St Mazomanie, WI 53560 DOB: 10/24/1983 Sex/Race: MIW

Eye Color:

Hair Color:

Height:

Weight:

Alias:

DA Case No.: 2011 DA001195 Agency.case No.: DCSD 10-325602 Court Case No.:

ATN:

Defendants,

COMPLAINING WITNESS William Hendrickson, Mary Butler

The above-named compiaining witness being first duly sworn states the foilowing:

Count .1: INTENTIONAL CHILD ABUSE - BODILY HARM - PTAC (As to defendants Andrea L Wick and Timothy J Wick)

The above-named defendants on or between September 18, 2009 through March 18, 2010, in the Village of Black Earth, Dane County, Wisconsin, as a party to a crime, did intentionally cause bodily harm to a child, ENW, DOB 03/18/2009, contrary to sec. 948.03(2)(b), 939.50(3)(h), 939.05 Wi~. Stats., a Class H Felony, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or. imprisoned not more than six (6) years, or both.

Count 2: INTENTIONAL CHILD ABUSE - BODILY HARM - PTAC (As to defendants Andrea L Wick and Timothy J Wick)

The above-named defendants on or between March 19, 2010 through November 19, 2010, in the Village of Black Earth, Dane County, Wisconsin, as a party to a crime, did intentionally cause bodily harm to a child, ENW, DOB 03/18/2009, contrary to sec. 948.03(2){b), 939.50(3)(h), 939.05 W)s. Stats., a Class H Felony, and upon conviction may

3/1/2011

STATE OF WISCONSIN - VS - Timothy J Wick, Andrea L Wick

be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than six (6) years, or both.

FACTS:

Background: Aleitheia Bible Church (ABC)

In November 2010, the Dane County Sheriffs Department (DCSO) commenced an investigation of possible child abuse occurring within a religious group in the Mazomanie area known as the Aleitheia Bible Church (hereinafter ABC). Numerous DCSO Detectives and Deputies investigated and learned that the ABC was formed in 2006 as a result of a break within the Curtis Street Bible Fellowship (CSBF) in Mazomanie, WI. Between December 2010 and February 2011 , the DCSO submitted approximately 450 pages of reports to the District Attorney's Office for review.

Det. Mary Butler interviewed Mark CymbaJak on 11/18/2010 who is the present fulltime pastor at the CSBF. Pastor Cymbalak advised that before the split in 2006, the board of directors at the CSBF consisted of 11 elders including himself, Phil Caminiti, John Caminiti, Todd Barsness, Darwin Parman and Bob Wick. Pastor Cymbalak explained that the board was supposed to work together to share decision-making; however Phil Caminiti wanted to be in charge and asserted that he had better qualifications than the others. Pastor Cymbalak recalled that Phil Caminiti wrote two papers describing why he should be the church's leader. In March 2006, Phil Caminiti left the CSBF along with Todd Barsness, Darwin Parman and Bob Wick and their families. Phil Caminiti then formed the ABC. ' Pastor Cymbalak stated that Phil teaches "shunning" and that members of the ABC actively shun members of the CSBF by ignoring them and refusing to interact with them or

their children in any meaningful way. '

3/1/2011

2

,

Timothy and Andrea Wick

On 12/02/2010, DCSO Detectives Gwen Ruppert and Ron Darn went to 3,15 Anne St., in Mazomanie, WI, which is the residence of Timothy and Andrea Wick (hereinafter "Tim" and "Andrea") and their 21 month old daughter, ENW, DOB: 03/18/2009. Tim arid Andrea Wick moved from Indiana to Mazomanie in 2008 and are members of the ABC along with Tim's parents, Bob and Lori Wick. Detectives Ruppert and Dorn then interviewed Andrea Wick in the living room while Detectives Katherine Wessel and Todd Benisch interviewed Timothy Wick in the kitchen.

Andrea Wick

Andrea Wick explained that the ABC consists of approximately 16 families and identified the elders as Phil Caminiti, Matt Caminiti and Todd Barsness. She indicated that church services are held at Bob and Lori Wick's home or at Phil and Denise Caminiti's home (both located in Dane County), and the children attend the same service as the adults. Andrea explained that the children are not typically loud' during services as they are trained to sit quietly. Andrea stated that if ENW were told to be quiet in church or anywhere else, and she was not quiet, they would leave and get her attention-to make sure that she heard and understood. If it continued a second time, EMW might be spanked. Andrea stated that EMW was spanked at church, between approximately ninemonths of age until recently. Andrea said that it had gone on too long because she was not being consistent with this spanking as discipline, and "we needed to get a firmer handle on it."

3/1/2011

3,

STATE OF WISCONSm - VS - Timothy J Wick, Andrea L Wick

Andrea described ENW as being a small child, so they used a wooden spoon for spanking until she was around one year old. Andrea stated that they now use a dowel to spank her. Andrea said that she will spank ENW up to three times in order to get one that is good enough, stating that she is weak and does not wield the stick forcefully enough. Andrea offered that Tim "can do it once and have it be of the right strength." Det. Ruppert asked Andrea how she would know if the spank was sufflclently strong, to which she replied: "The point is if there is physical pain." Andrea explained that the purpose of this was for ENW to have certain respectable behavior and for her to know what behaviors were unacceptable. Andrea said that there has to be a consequence to bad behavior, and that is the point of the spanking and that it "should cause pain or it is pointless."

, Andrea confirmed that these spankings are done on bare skin on the child's bottom and demonstrated by swinging her arm in a side arm throw, and then snapping her wrist at the end. Andrea explained that she snapped her wrist at the end because she had 'a bad shoulder and this way was able to achieve the force desired. Andrea explained that she knew she got the pain response desired because there would be a "physical upset" by the child, (crying), and then obedience afterwards. Andrea estimates that ENW is spanked with the dowel about two times a week. She then retrieved the dowel they used. Det. Ruppert described the item as round wooden object about 16 to 18 inches long, and half to five-eighths inches in diameter.

Andrea explained that Phil Caminiti had talked with them and demonstrated how to spank with a dowel at a "younq-rnarrleds'' meeting approximately a year ago. Since then,

e she and Tim have talked with Phil by themselves to make sure they. understood. When asked about injury or bruising, Andrea stated that she has seen red marks on ENW, which usually go away in a day. Andrea stated that she has also seen bruising on ENW when they were spanking more frequently and often striking the same area which was already sore. Andrea stated that this occurred when ENW was around nine months old and shortly

. afterwards - when she was receiving more frequent spankings. '

Timothy Wick

Timothy. Wick advised Det. Benisch that he attended Grace College and Theological Seminary in indiana before moving back to the Mazomanie area with his wife, Andrea.

Tim stated that they have one child, a daughter ENW, born on 03/18/2009.

Det. Benisch spoke with Tim about discipline in relation to his 21-month old daughter, ENW, and Tim stated that he uses the rod as a means of discipline. Tim stated that his belief in using the rod derives from the teachings in Proverbs 22:6, explaining that he uses the rod to ensure the child understands that there are consequences for behavior. Detective Benisch asked when was an appropriate time to start disciplining the child with the rod and Tim responded at about three months of age. Tim indicated that he began using the rod on ENW when she was around five or seven months old. When Det. Benisch asked at what age discipline with the rod should stop, Tim did not have an answer. Oet. Benisch asked about the rod and Tim demonstrated its size by holding out his index fingers about 18 inches long and curling one index finger into about a threeeighths diameter. Tim stated that ENW cries when he spanks her with the rod.

Tim conceded that his use of the rod does leave marks on ENW, but stated that he is in control when' using it, and strikes ENW maybe two or three times during a spanking.

STATE OF WISCONSIN - VS - Timothy J Wick, Andrea L Wick

Tim acknowledged seeing marks on his daughter's body but says at those times he remembers that, "Jesus died the most horrible death." Tim described this occurring with ENW about two times a week both in and out of church services. Tim described this a .normal practice for all family members who attend the ABC.

Detective Benisch then inquired about the expression of emotions and Tim stated that feelings are allowed as long as they were "tempered." Tim described this as something they work on with ENW at her present age: "If she is upset, there is no sense in interacting with someone who is out of her mind." Tim described reading a book to ENW about the Prince of Egypt and how she would cry when Moses was put in the basket. Tim indicated that he would try to explain to his daughter that Moses was fine, but she would continue to cry and he would put her on the couch and wait until she calmed down.

Det. Benisch noted that during his interview with Tim, ENW would come in and auf of the kitchen as she played. At one point, she returned with a baby doll, gave it to her father and said something. to the effect of, "Daddy don't cry, you'll get a spanking." In discussing their reliqlous beliefs and practices, lie stated: "We are hanging our eternal souls on this stuff."

Carissa Caminiti

On 11/30/201"0, Dep. JamesKartman interviewed Carissa Caminiti at her residence in Black Earth, WI. Carissa is a member of the ABC, where her father, Phil Caminiti is an elder. Carissa described children' being spanked with wooden spoons or rods and recalled that the last time this happened was approximately four months ago, by Tim and Andrea Wick and their daughter ENW, DOB: 03/18/2009. Carissa stated that this incident occurred at the Caminiti's home at 835 Blue Mounds St., during a church service when ENW was not sitting quietly as she'd been instructed to do. ENW was eventually taken into a back room and although Carissa did not directly observe the spanking, she indicated that she knew that's what happens when children are taken out of the main worship room into one the side rooms.

3/1/2011

4

Merry Hahn

On 11117/2010, Dep. Josalyn Longley interviewed a past member of the ABC, Merry Hahn (hereinafter "Merry") .. Merry recalled Tim and Andrea Wick using the wooden dowel during service when ENW was as young as five months old. Merry recalled one Sunday service when her parents removed ENW between four and five times. Merry recalled that ENW was approximately 9 to 12 months old and believed this was in the fall of 2009. During a break in that service, Merry stated that she observed Andrea crying and writing notes to Tim during the service and it appeared that Andrea was very upset that she was doing this to ENW. When asked how many times she saw ENW removed from church services, Merry replied that the act was so regular, they all meshed together. Merry believed that it was usually Andrea who took ENW from the service and, although she never saw Andrea using the wooden dowel, she did observe a wooden dowel with them during service and Andrea and ENW would depart to the spanking room quite often.

Affiant .

Your affiant is a Detective with the Dane County Sheriffs Department (DCSO) who has knowledge of these facts from reading: 1) the official law enforcement aqency reports of the DCSO prepared by Deputies Josalyn Longley, Timothy Blanke, James Kartman,

STATE OF WISCONSIN - VS - Timothy J Wick, Andrea L Wick

Stacy, Dura-Jacobs, Cindy Holmes, Leslie Fox, Clint Selzner, Todd Dosher, Richard Bennett and Brooke Gagner; as well as the reports of DCSO Detectives William Hendrickson, Mary Butler, Janet Boehnen, Dawn Johnson, Steve Wegner, Peter Hanson, Gwen Ruppert, Brian Lukens, Ron Darn and Katherine Wessel, whose reports are reliable as they were prepared in the normal course of law enforcement duties; and 2) the statements of Timothy Wick and Andrea Wick who are eyewitnesses to the facts they related and provided their statements contrary to their penal interests.

Subscribed and sworn to before me, and approved for filing on:

This 11 day of fJlkAAJ:fi , ~\(J I )

·ASSISTANTEp DISTRICT ATTORNEY DANE COUNTY, WISCONSIN

3/1/2011

5

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