Judge Scott C. Woldt has ordered a second evaluation for James W. Price today concerning his competency to proceed to trial. Price is currently being held in the Winnebago County Jail on charges of 1st degree intentional homicide for causing the death of John A. Stack with intent to kill.
At 9:30 a.m. today Price, 31, was brought into the fourth floor courtroom at the Winnebago County Courthouse, handcuffed and bearded. After examining the doctor’s report, Woldt stated that Price was not yet competent. The report further said that Price could become competent within a 12-month period.
According to reports Winnebago County 911 received a call on Jan. 30 from 812 Nicolet Blvd. in Menasha requesting an ambulance. Police arrived to find Stack, 39, who lived there with Robert Siger and David Mullen, sitting naked in a recliner in the living room covered in blood. Reports say there was blood on living room furniture, splattered on the wall, leading down a hallway, into the bathroom and heading out the back door.
Seiger told police that he and Mullen had come from a bar in Appleton to find the scene. Seiger said that all Stack could manage to say was he was “f***ed up.”
Mullen told officials that Stack said he had fallen in the shower. He also noted that they had a key to the apartment under a mat by the back door. Officer Mark Mauthe checked to find the key missing.
An emergency room doctor at Theda Clark Medical Center showed that the injuries were not caused by a fall, though. Stack had multiple skull fractures, two of which looked “consistent with being struck by the claw end of a hammer or crow bar” and a third longer wound which was on the back of his head.
Stack was pronounced dead at 6:00 p.m. on Feb. 2.
Inspector Dave Jagla spoke with witness Richard Schulz who said he was with Tobin Jagla when he received a call on the morning of Jan. 31 from Price. Tobin Jagla said that Price told him he had hit a male, whom Price said had raped his girlfriend, about 10 times in the head. Jagla told the inspector that Price indicated he had used an aluminum baseball bat.
Witness Valarie Schulz confirmed the rape to officials, saying Price’s girlfriend had told her she was sodomized by Stack in the parking lot of the R & R Bar in Menasha.
Schulz also said that she went with Jagla, Price’s girlfriend and Price on a drive earlier on which Price’s girlfriend had pointed out Stack’s house to her beau.
According to Schulz’s account, Price said “Stack will wish he was dead.”
During a search warrant on Feb. 3 at Price’s residence at 1004 Main St. #8 in Neenah, a baseball bat was found.
DNA samples and the clothes Price was wearing when he was placed in jail are also being held as evidence, among other things.
Price’s bond is set at $250,000.
Stack’s body was released to his family on Feb. 28 after being held in case of further autopsy examinations.
Price’s next court appearance will be April 1 at 8:30 a.m. Given Woldt’s tight schedule, the proceedings have been scheduled for a half hour in case Price is deemed competent in the upcoming test.
Friday, March 11, 2005
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