Attorney says complaint contained false statement
By Vicky Wedig
Editor
A Delavan man was expected to plead guilty or not guilty last week in the May 4 stabbing death of his cousin. Instead, his attorney moved that the case be dismissed and his client released from jail immediately.
Olivarez is charged in connection with the May 4 stabbing death of Ivan Guerrero, 31, of Delavan.
He was bound over for trial after a preliminary hearing May 14, but, in his motion to dismiss, Schwantes argues that the decision to bind Olivarez over for trail is defective because it was based on false statements contained in the criminal complaint.
The criminal complaint contends Guerrero’s wife, Brenda Garcia, said she saw Olivarez stab Guerrero. But, the police report of Detective Michael Lambert says Garcia said, through an interpreter, that she didn’t actually see the stabbing, according to the motion.
Schwantes said prosecutors were aware of the conflicting statements at the time of the preliminary hearing when two officers – City of Delavan police officer James Berlin and Det. David Smith – testified and the criminal complaint was offered as evidence to bind Olivarez over for trial. The complaint contains the reports of police officer Rick Kendall, who spoke to Garcia, according to the complaint, but did not testify at the preliminary hearing.
“Kendall reports that Garcia said that she then saw the defendant (Olivarez) grab a kitchen knife and stab Guerrero,” the complaint reads.
In his motion, Schwantes argues that the complaint lacks probable cause and must be dismissed.
According to the criminal complaint:
Delavan police were called to 509 Lawson School Road, Building H, Apartment 8, for a report of a stabbing May 4.
Berlin made contact with Olivarez, whose face, hands, sweatshirt, pants and socks were soaked in blood. Berlin also made contact with Guerrero, who was lying on his back on the ground and appeared to be injured. A blood trail led from Guerrero to the door of Apartment 8 where there was a pool of blood.
Guerrero was covered in blood, was unable to respond when police called to him and was breathing slowly and shallowly. Berlin located a large penetrating stab wound in Guerrero’s upper abdomen that was about 5 inches long and 2 inches wide at its widest point. The officer reported the wound was so deep that visceral fatty tissue appeared to be exposed. Guerrero also had several deep slash wounds to his left arm.
Kendall spoke to Brenda Garcia, who said Olivarez, her husband’s cousin, had been a guest in their home for the evening. Garcia said Olivarez became belligerent with Guerrero and tried to attack him. Garcia said she tried to intervene but Olivarez struck her several times and threw her aside. Garcia said Olivarez then grabbed a kitchen knife and stabbed Guerrero. Garcia said Olivarez and Guerrero then went outside the apartment.
Guerrero died a couple of hours later at Mercy Hospital in Janesville, and Olivarez was arrested for his murder.
Berlin later made contact with Olivarez, who said, “I might be in prison for the rest of my life, but I got Mexicans that will take care of things for me out here,” according to the complaint.
An autopsy conducted May 5 revealed that Guerrero dies as a result of “exsanguination” – blood loss sufficient to cause death – due to multiple stab wounds.
