Charges recently filed relating to 2011 home incident

STAR JOURNAL REPORT

Charges were filed Wednesday in Oneida County Circuit Court against a 29-year-old Appleton man accused of shooting of the owner of Weasel’s Exotic Entertainment club in Three Lakes almost six years ago.

Edwin D. Hughes faces felony charges of first-degree reckless injury, attempted armed robbery and armed burglary. If convicted on all three counts, he could face up to 37 ½ years of initial confinement in prison, followed by 22 ½ years of extended supervision, and/or fines totaling $200,000.

Edwin D. Hughes

According to the court complaint, Hughes allegedly was one of two men who went to Don Dal Ponte’s house Feb. 9, 2011, pretending to be snowmobilers who ran out of gas. The complaint states the two men first left after Dal Ponte had told them he had gas in the garage, but returned approximately 5 minutes later when he opened the door and was struck on the left side of his face.

The two men are accused of having a physical altercation with him and asking him where the money was. Hughes allegedly pushed his pistol against Dal Ponte’s leg while the other individual, identified in the complaint as Daniel Frausto, went through the house looking for money. The complaint states Dal Ponte refused to give them the combination to a safe Frausto threw off a balcony and they threatened to shoot him.

The complaint alleges that after Hughes shot Dal Ponte through his legs, Frausto, who didn’t intend to shoot Dal Ponte but was only trying to scare him into cooperating, lost all interest in finishing the robbery and the two left the home, taking nothing other than the empty casing of the round that was fired. After the two men fled the scene, Frausto said he later threw the gun in the Fox River in Kaukauna.

According to medical records cited in the complaint, Dal Ponte was admitted Feb. 9, 2011, to St. Mary’s Hospital in Rhinelander for gunshot wounds to both of his thighs and a closed head injury. Surgery was performed on the gunshot wounds and he was released from the hospital on Feb. 12, 2011.

The complaint alleges Frausto stated March 6, 2012, in an interview at the Winnebago County Sheriff’s Office that he decided to rob the owner of Weasel’s, in part, because he had netted $50,000 in a similar burglary involving Sapphire’s Strip Club and that he and Hughes had made several trips to Oneida County to prepare for the crime. During one of the trips, Frausto said he observed a safe in Dal Ponte’s garage and determined Dal Ponte would likely have a safe inside his home.

Following the incident reported at Dal Ponte’s house, Weasel’s was destroyed by fire Dec. 31, 2011. Dal Ponte passed away at age 63 in April 2014.

Frausto, 41, who previously was sent to prison, faced felony charges in Oneida County of first-degree reckless injury, armed burglary and armed robbery with threat of force related to the incident at Dal Ponte’s house. The Oneida County case against Frausto had been consolidated with the prosecution of cases he faced in other counties.

Online court records note warrants were issued for the arrest of Hughes last August for felony charges he now faces in Dane and Calumet counties. A warrant was also issued Thursday for his arrest in Oneida County. All three of those cases are being handled by Michelle L. Viste of the Wisconsin Department of Justice. Another felony case is pending against Hughes in Outagamie County.

Oneida County Sheriff’s Office captain Terri Hook said Hughes is being held in custody out of the county. She also noted the charges against him in Oneida County were recently filed so that he could still be prosecuted prior to the six-year statute of limitations taking effect.