Shawn Moody, 47, appeared in 97th District Court via Zoom for his arraignment on felony operating while intoxicated charges stemming from a July 4th incident in Portage Township.
Moody, currently residing in Sturgeon Bay, Wisconsin, was arrested on July 4th for OWI, a third offense, and operating a vehicle with a suspended or revoked license in Dodgeville. He is in Wisconsin for subcontractor work and court proceedings in Door County.
Judge Nicholas Daavettila outlined the charges and Moody’s criminal history during the arraignment. The OWI charge, which ordinarily carries a 93-day misdemeanor sentence, was elevated to a felony due to Moody’s prior convictions.
“You have been previously convicted of operating while intoxicated on or about May 21, 2007 in the 97th District Court in Houghton and of operating under the influence of liquor on or about September 30, 2002 in the 97th District Court in Houghton,” Daavettila said. “Therefore, upon conviction, you would be subject to an enhanced sentence.”
Moody’s file also includes a 2023 OWI conviction in Wisconsin. His charge for operating a vehicle on a suspended or revoked license carries a habitual offender notice for a 2008 conviction.
The court appointed Tri Counties Public Defenders to represent Moody after he stated he cannot afford an attorney. Moody currently earns income through subcontracting work splitting wood but indicated the funds will not cover his legal expenses.
Moody pleaded not guilty to the misdemeanor suspended license charge. Because the OWI charge was elevated to a felony, the 97th District Court could not accept any plea on that charge at this time.
Assistant Prosecuting Attorney Ball expressed concern about Moody’s pattern of behavior, noting that he was arrested again on August 24th for operating while intoxicated.
“Even after that happened, he was arrested, looks like on August 24th for operating while intoxicated again. He’s a very grave risk to the community. He’s already caused serious damage,” Ball said. “So I would request a cash bond and a sober link device to ensure that he’s not drinking and a very strict order that he refrained from driving. He doesn’t have a license.”
Defense Attorney David Gemingani requested the court honor the bond Moody was subject to in July and allow him to continue appearing via Zoom from Wisconsin. However, Judge Daavettila set Moody’s bond at $5,000.
Moody was released on bond on July 5th from the Houghton County Jail to receive medical attention from UPHS-Portage. He has since remained in Wisconsin to address the Door County court matter related to his August arrest.
The court addressed the issue of monitoring Moody’s compliance with bond conditions. Moody currently wears a monitoring device through the state of Wisconsin that monitors sweat to determine if he has been drinking. Houghton County’s electronic monitors require individuals to blow into a rubber tube to comply with bond requirements.
Judge Daavettila determined that subjecting Moody to two separate monitoring devices was unnecessary, provided Houghton County receives notifications from the Wisconsin device.
“That would be satisfactory for me as long as this court is made aware of any potential violations. I don’t want to have you blown in a tube but also have an ankle monitor. That doesn’t make any sense but we need to make sure that our court staff and law enforcement here are in the know in the event that you should be in violation of your bond conditions,” Daavettila said.
Moody is required to return to Michigan within seven days to meet with the probation officer. He is scheduled for a probable cause hearing in two weeks and a preliminary examination three weeks out.
The 97th District Court will contact Door County to receive data from Moody’s Wisconsin monitoring device to ensure compliance with bond conditions.
