An Onalaska man is now facing three charges related to domestic violence after accusations he assaulted his wife last December.
Brian Stewart, 46, appeared voluntarily in Lewis County Superior Court on Monday afternoon for a preliminary hearing.
He did so out of custody after having already posted the $25,000 bail amount set for him over the weekend.
Lewis County Superior Court Judge Joely Yeager left Stewart's bail amount at the amount already set $25,000 on Monday, allowing him to remain out of custody as requested by representation for both the defense and the prosecutor’s office.
Stewart faces two felony charges and a gross misdemeanor charge. The first count against him, assault in the second degree, domestic violence, is a class B felony and punishable by up to 10 years in prison and a $20,000 fine. Count two, felony harassment, domestic violence, comes with a maximum sentencing of five years in prison and a $10,000 fine. The third count, assault in the fourth degree, domestic violence, is a gross misdemeanor and comes with a maximum sentence of up to 364 days in jail and a $5,000 fine.
During the hearing, defense attorney Rachael Tiller requested that the court not implement a no-contact order between Stewart and the alleged victim. Stewart’s wife, Catherine Stewart, was present in the courtroom and, according to Tiller, stated that she did not wish to press charges and did not want a no-contact order separating her from her husband.
Tiller added that the couple has been together for 25 years, spending roughly half of that time married, and that the couple live in the same home and rely on each other for mental health reasons.
Yeager, however, granted the request of Lewis County Senior Deputy Prosecutor Attorney Scott Jackson, representing the state. In addition to the recent incident, Jackson also cited a previous conviction for assault in the fourth degree, domestic violence — a gross misdemeanor — as justification for the order. Yeager also signed off on Jackson’s request for an order to surrender and prohibit weapons.
Yeager said she would meet the state's request for the order due to the seriousness of the accusations. The judge added a no-contact order in this situation was standard given the charges filed with the court.
“Just like any case with these types of allegations, it’s all the court has to go on right now,” Yeager said. “I’m looking at an assault second degree.”
According to an affidavit of probable cause filed by the Lewis County Prosecutor’s Office, the county is pressing charges specifically related to a law enforcement call to the couple's shared residence in Onalaska from December of last year.
The account from the responding officers states they responded to a physical dispute at approximately 4:42 a.m. on Sunday, Dec. 14. A deputy contacted Catherine at the time. According to the deputy’s account, Catherine described Stewart poking and prodding her, keeping her from sleeping, before Stewart attempted to strangle himself and later grabbed her by the throat.
The officer reported that Catherine described Stewart screaming, yelling and threatening to kill her and himself before leaving the house. According to the affidavit, Stewart was not present at the residence when the deputy responded.
Lewis County issued a warrant for Stewart's arrest earlier this month on Friday, March 6, and court records show he was apprehended roughly a week later on Saturday morning. Stewart does qualify to be assigned a defense attorney by the state. Lewis County defense attorney Rachel Hunt will represent him for his arraignment hearing scheduled for Thursday.
