Tim Ryan, tryan@wolfrivermedia.com
A former Shawano tavern operator charged with child sexual assault now faces a new sex assault charge, as well as charges that he tried to enlist two juvenile relatives to lie in his defense.
Darwin R. Davis, 47, who had been free on bond while awaiting trial in the pending case, was ordered back to jail Wednesday on a $150,000 bond after an appearance before Shawano-Menominee County Circuit Court Judge James Habeck.
Davis’ attorney had filed a motion in the pending case seeking to waive the rape shield law and introduce testimony that the alleged victim in that case had sexual relationships with other males while working as a babysitter for Davis, according to court records.
That testimony was supposed to come from children the alleged victim was babysitting.
According to the new criminal complaint filed Tuesday, the children subsequently admitted to authorities that statements made to Davis’ attorney about the alleged victim were false. They also said Davis had instructed them on what to say.
The children’s mother told authorities that Davis had sent threatening text messages “to be sure that the children would testify and lie in court,” according to the criminal complaint.
Davis was scheduled for a four-day jury trial in the pending case starting March 4.
Davis is charged in that case with repeated sexual assault of a child and second-degree sexual assault of a child for incidents that allegedly occurred in the town of Wescott and in the basement of the former Final Lap tavern in Shawano, according to the criminal complaint.
Davis used to run the Final Lap but was not the license holder.
According to the new criminal complaint, one of the children told authorities she had seen Davis and the babysitter during a romantic encounter in the basement of the bar.
Davis is charged in the new complaint with one count of sexual assault of a child under the age of 16.
He is also charged with two felony counts of obstructing justice and four felony counts of bail jumping, along with misdemeanor counts of contributing to the delinquency of a child and obstructing an officer.
If convicted, Davis could face a maximum 40 years in prison and $100,000 fine on each of the sex assault charges from this and the pending case.
He could also face 3½ years in prison and a $10,000 fine on each of the counts of obstructing justice, and six years and a $10,000 fine on each felony count of bail jumping.
In an unrelated case that is also pending, Davis is charged with possession of a firearm by a felon, which carries a maximum possible penalty of 10 years in prison and a $25,000 fine; second or subsequent offense possession of marijuana and possession of narcotic drugs, each of which carries a maximum of 3½ years in prison and $10,000 fine; and one count of felony bail jumping.
The case is scheduled for a status hearing March 10.
Davis is due back in court for an adjourned initial appearance on the new charges Wednesday.
According to court records, Davis was previously convicted of second-degree sexual assault of a child in Langlade County in 1994 and was sentenced to five years in prison.