Charges against Edwin D. Hughes related to 2011 home incident

STAR JOURNAL REPORT

A 29-year-old Appleton man accused of shooting of the owner of Weasel’s Exotic Entertainment club in Three Lakes more than six years ago has been bound over for trial in Oneida County Circuit Court.

Edwin D. Hughes appeared Friday for a preliminary hearing on 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.

Hughes, who remains in custody, was represented at the hearing by attorney Elizabeth F. Svehlek. Gary A. Freyberg of the Wisconsin Department of Justice, who is prosecuting the case, appeared in person along with Oneida County district attorney Michael W. Schiek.

Judge Patrick F. O’Melia found probable cause of a felony being committed after the prosecution called two witnesses, Oneida County Sheriff’s Office captain Terri Hook and Winnebago County Sheriff’s Office detective Jack Theyerl.

The next scheduled court date for Hughes is an arraignment Aug. 28 when a video conference will be arranged for him to plead guilty or not guilty to the charges at that time.

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 court 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 other felony cases are pending against Hughes for armed robbery, kidnapping and burglary charges he now faces in Dane and Calumet counties. Another felony case is pending against Hughes in Outagamie County.