Kevin Murphy, Leader Correspondent
A state appeals court Tuesday refused to overturn a Shawano County man’s domestic abuse enhancement on grounds he only resided with the victim five or six nights a week for a few months.
The District II Court of Appeals concluded that although Donald R. Weso, 36, of Keshena, did not legally reside with his female victim, statutes did not require Wesco to have a “spousal type” relationship to be convicted of the abuse enhancer.
“The focus of the statute is on the individuals’ living arrangements, not solely the length of their relationship or the degree of their commitment to one another,” District III Court Judge Thomas Hruz wrote in the ruling.
Weso’s former girlfriend told authorities that Weso stayed with her up to six nights a week for a few months and kept two baskets of his clothes, which she washed and folded, at her residence. That was sufficient for the court to find that the couple had resided together before Weso struck her.
Shawano police arrested Weso in February 2013 at a local bar after he reportedly struck a woman in the face with a closed fist. The woman told police that Weso became angry because she was talking with other men.
Weso was subsequently charged with misdemeanor battery for domestic abuse, possession of cocaine, resisting an officer, and two counts of disorderly conduct for domestic abuse.
Each domestic abuse enhancement carried a $100 surcharge fine and prohibits the person from possessing a firearm under federal law.
Weso pleaded guilty to the domestic abuse enhancer and no contest to the battery charge. In April 2014, Circuit Judge James Habeck placed Weso on three years extended supervision with 90 days in jail.
Weso appealed the enhancers, arguing they did not apply to him because he did not live with his victim, did not have a child with the victim and was not married to the victim.