Marvin Kontney told Detective Tracie Jokala that a ... - TownNews.com

Marvin Kontney told Detective Tracie Jokala that a male black subject, subsequently identified as
Daniel L Thomas, mocked on the door to his residence, located at 5430 Esther Beach Rd., which he then
anwered. Kontney told Detective Jokala that Thomas then pointed a handgun at him and subsequently
demanded money, jewelry, guns, and any flat screen televisions from him. Kontney told Detective
Jokala that Thomas walked throughout the residence with, and without, Kontney, taking several of the
aforementioned items without Kontney's consent; including a UW Credit Union debit, credit cards in
Kontney's name, and jewelry from ajewelry box. Kontney told Detective Jokala he led Thomas to the.
basement after Thomas asked Kontney whether he owned any handguns. While in the basement, Kontney
stated he observed Thomas go to the corner next to the workbench, where uncased rifles and shotguns that
belonged to Kontney were located. Kontney told Detective Jokala Thomas began to stack these guns on
either the floor or a bench near this area ..
Kontney told Detective Jokala Thomas then restrained him in the basement. Kontney told Detective Jokala
Thomas ordered Kontney over to the boiler/hot water heater area, and fastened his wrists with black nylon
zip-ties to the gas pipe leading to the hot water heater. Kontney told Detective Jokala Thomas then asked
him ifhe had "any flat screen TV's". Kontney told Detective Jokala that he told Thomas that he had been
watching a flat screen television in the living room of the residence. Kontney told Detective Jokala Thomas
retrieved keys to Thomas' Dodge Durango, which was parked in the driveway, before Thomas came back
downstairs and confirmed with Kontney that these keys were, in fact, to the Durango. Kontney told
Detective Jokala that he told Thomas that these keys were to the Durango. Kontney told Detective Jokala
Thomas went back upstairs, and Kontney heard the front door open and close approximately 3 times.
Kontney told Detective Jokala he assumed Thomas was moving property, specifically the items Thomas
expressed interest in, out of his residence. Kontney told Detective Jokala that after this, Thomas came back
downstairs by him told him he was going to use his cards to obtain money and asked him numerous times
for the personal identification number (PIN) for the cards, which Kontney provided to him. Kontney told
Detective Jokala that Thomas then told him, prior to departure, that if the PIN didn't work, he would come
back and kill him; additionally, if he broke free and called the police, he would "come back and kill him a
different day".
Kontney told Detective Jokala he estimated Thomas was gone 30-45 minutes, and upon return, told him
. he had successfully withdrawn $500.00 using Kontney's debit card, at an unidentified ATM on Park St.
Kontney told Detective Jokala Thomas told him he was going to free him from the restraints and they
would both go to the Credit Union to withdraw additional funds. Kontney told Detective Jokala Thomas
told him to then get his ill for the bank. Kontney then led Thomas to Kontney's office, where Kontney
obtained his wallet with his ill in it. Kontney told Detective Jokala both Thomas and Kontney went outside
to Kontney's Dodge Durango, at which point Kontney approached the driver's side after Thomas unlocked
the driver door using the automatic key fob in his possession. Kontney told Detective Jokala he opened the
door and observed a rifle scope, previously attached to one of his guns but now loose, sticking out from
under the driver's seat. At this moment, Thomas told him, "No, the other side". Kontney told Detective
Jokala he then unlocked the rest of the doors with the button, and got in the passenger side. Kontney told
Detective Jokala Thomas backed out of the driveway in a reckless manner, driving over the lawn. Kontney
told Detective Jokala Thomas then drove to the UW Credit Union, located at 200 E. Broadway, where he
attempted to withdraw additional money' upon Thomas' request. Kontney told Detective Jokala that he was
not attempting to withdraw this money with his free will .
.Kontney told Detective Jokala that Thomas was the individual that police observed to be in the drivers seat
in his Dodge Durango, when he and Thomas were contacted at the UW Credit Union, located at 200 E.
Broadway, in the City of Monona. Det. Alix Olson told your affiant she responded to the UW Credit Union
where she remained with the body of Thomas, who had sustained multiple gunshot wounds. Det. Alix
Olson told your affiant that the decedant, who was removed from the Durango, was later identified by the
decedant's fingerprints at the Dane County Jail as Daniel L Thomas, male black, 12/26/79.

STATE OF WISCONSIN)
) ss.
COUNTY OF DANE )
COMPLAINT FOR SEARCH WARRANT
In the Circuit Court ofthe
County of Dane.
Detective Jamie Grann, City of Madison Police Officer, being duly sworn on oath complains to the
said Court of the County of Dane, that on that on December.P'", 2010 in the County of Dane, that there is
now located and concealed in and upon certain vehicle, in the City of Madison, in said County, and more
particularly described as follows:
A 1999 4-door, Chrysler 300M, gold in color, bearing Wisconsin License Plate
60S-RRA, with VIN 2C3HE66G5XH776906, registered to Shaneka S. Watson, and
currently located in the Madison Police Department secured Impound Lot located on
Marsh Ct., City of Madison, County of Dane.
certain things, to-wit:
Articles of personal property, tending to establish the identity of the person(s) in control or
ownership of said vehicle, including but not limited to: vehicle titles, correspondence and
any other documents, tending to identify any occupants of said vehicle; Any and all
biological and trace evidence, including but not limited to human blood and items which may
contain DNA such as blood, hairs, saliva, or human secretions or tissue, latent fingerprints,
weapons, including but not limited to firearms, firearm accessories, including but not
limited to scopes, other firearm optics, magazines, firearm cases, ammunition or
ammunition related items, bullets either fired or unfired, and shell casings; Any and all
documents relating to associates and recent activity, including but not limited to sales
receipts, telephone numbers, notebooks, cellular telephones and their contents and data;
Any and all jewelry, jewelry boxes, cardboard boxes, gem packs, watches, coins, currency,
financial transaction cards, televisions, laptops, computers, hard drives, other computer
components, and their contents and data; Any and all keys, key chains; and any items
associated with the residents of 5430 Esther Beach Rd., namely Marvin Kontney, Sue
Kontney, Joni Magestro, and Troy Magestro; Any and all rolls of tape, plastic zip ties or
other restraint devices; Any and all illegal contraband
which things may constitute evidence of a crime, to-wit: Armed Robbery committed in violation of Sections
943.3 2 of the Wisconsin Statutes, and that the facts tending to establish grounds for issuing a Search
Warrant are as follows:
FACTS:
Your affiant is a Detective with the City of Madison Police Department, and is investigating an
Armed Robbery that occurred on December Sth,2010, at 5430 Esther Beach Rd .. This address is located in
the City of Madison, County of Dane, State of Wisconsin.

Det. Mary Copeland told your affiant that she observed a 1999 -l-door, Chrysler 300M, gold in color,
bearing Wisconsin License Plate 608-RRA, with VIN 2C3HE66G5XH776906, registered to Shaneka S.
Watson, to be parked in front of2800 Nana La .. Det. Mary Copeland told your affiant that she observed
several items of property in the rear seat and floor portion ofthe vehicle, in plain view through the windows
of the vehicle. Det. Mary Copeland told your affiant that she was able to distinguish a Samsung flat screen
television, the barrels of approximately three rifles, a laptop computer, a Phillips DVD player, and a pink
and white colored flower patterned jewelry box with several items of jewelry spilled out of it. Det. Mary
Copeland told your affiarit that she was aware that these items appeared to match items that were stolen
from 5430 Esther La .. Det. Mary Copeland told your affiant that this vehicle was secured at the Madison
Police Department impound facility on Marsh Ct., located in the City of Madison, County of Dane, State of
WI.
Sue Kontney told your affiant that her daughter, Joni Magestro, Joni's husband, Troy Magestro and their
children, reside with Sue and her husband, Marvin at 5430 Esther Beach Rd .. Sue Kontney told your affiant
that she, Joni and Troy also have personal belongings of value in the residence.
Detective Jerry Johnson told your affiant that he spoke with the registered owner of the Chrysler 300M,
Shaneka Watson. Detective Johnson told your affiant that Watson told him that that last time that she had
seen her vehicle was on 12/08110 at approximately 11:30AM at 7710 S. Brookline Dr., when it was in the
possession of her [mace, Daniel L. Thomas.
Your affiant believes the statements made to him by Detectives Tracie Jokala, Alix Olson, Mary
Copeland and Jerry Johnson to be truthful and reliable iriasmuch as they were relayed during the course of
the officer's official duties. This affidavit also relies on Wisconsin Department of Transportation records
and upon his own personal knowledge, information, and belief.
Wisconsin Department of Transportation records indicate the 1999 4-door, Chrysler 300M, gold in
color, bearing Wisconsin License Plate 608-RRA, with VIN 2C3HE66G5XH776906, is registered to
Shaneka S. Watson. Your affiant believes the records of the Wisconsin Department of Transportation to be
truthful & reliable inasmuch as your affiant knows those records to be kept and maintained in,the ordinary .
course of business of that state agency. Your affiant believes the fingerprint records ofthe Dane County
Jail to be truthful & reliable inasmuch as your affiant knows those records to be kept and maintained in the
ordinary course of business of that county agency. .
Further, your affiant believes the information furnished by Marvin Kontney be truthful and reliable
inasmuch as his is a citizen informant and witnessed the events described. Your affiant believes the
information furnished by Sue Kontney and Shaneka Watson to be truthful and reliable inasmuch as they
are citizen iriformants
WHEREFORE, complainant prays that a Search Warrant be issued to search said vehicle forthe
property aforesaid.
/d'e eofficer)

Subscribed and sworn to before me
This 9th day

STATE OF WISCONSIN)
COUNTY OF DANE
) ss.
)
SEARCH WARRANT
In the Circuit Court of the
County of Dane.
-Ie) a
THE STATE OF WISCONSIN, to the Sheriff, or any other peace officer for said~:· .
OC ~ .
. ,--......".........
WHEREAS, Detective Jamie Grann, has this day complained in writing t~;)hf~foup:>fthe County
of Dane, upon oath that on December 9th, 2010, in the County of Dane, that there-is nt(w lo~ted and
concealed in and upon certain vehicle, in the City of Madison, in said County, and more particularly
described as follows:
A 1999 4-door, Chrysler 300M, gold in color, bearing Wisconsin License Plate
608-RRA, with VIN 2C3HE66G5XH776906, registered to Shaneka S. Watson, and
currently located in the Madison Police Department secured Impound Lot located on
Marsh Ct., City of Madison, County of Dane.
certain things, to-wit:
Articles of personal property, tending to establish the identity of the person(s) in control or,
ownership of said vehicle, including but not limited to: vehicle titles, correspondence and
any other documents, tending to identify any occupants of said vehicle; Any and all
biological and trace evidence, including but not limited to human blood and items which may
contain DNA such as blood, hairs, saliva, or human secretions or tissue, latent fingerprints,
weapons, including but not limited to firearms, firearm accessories, including but not
limited to scopes, other firearm optics, magazines, firearm cases, ammunition or
ariununition related items, bullets either fired or unfired, and shell casings; Any and all
documents relating to associates and recent activity, including but not limited to sales
receipts, telephone numbers, notebooks, cellular telephones and their contents and data;
Any and all jewelry, jewelry boxes, cardboard boxes, gem packs, watches, coins, currency,
financial transaction cards, televisions, laptops, computers, hard drives, other computer
components, and their contents and data; Any and all keys, key chains; and any items
associated with the residents of 5430 Esther Beach Rd., namely Marvin Kontney, Sue
Kontney, Joni Magestro, and Troy Magestro; Any and all rolls oftape,plastic zip ties or
other restraint devices; Any and all illegal contraband
which things may constitute evidence of a crime, to-wit: Armed Robbery committed in violation of Sections
943.32 of the Wisconsin Statutes; and prayed that a Search Warrant be issued to search said vehicle for the
property aforesaid.
NOW, THEREFORE, in the name of the State of Wisconsin, you are commanded forthwith to
search the said vehicle for the property aforesaid, and return this Warrant within forty-eight hours, before
the said Court.
WITNESS, the Honorable ~~c.~ ,FI ~(j ~
Judge of Circuit, Branch --""'--_' Dane County, Wisconsin, this 9 th day of December, 20 I O.
ENDORSEMENT
Received by me this 9th day of December, 2010, at "2 :t!l> o'clock ~M.
f?dh;ce,)

STATE OF WISCONSIN)
) ss.
COUNTY OF DANE )
SEARCH WARRANT RETURN
In the Circuit Court of the
County of Dane.
Dated this io" day of December, 20 10, at Madison, in Dane County, Wisconsin. I hereby certify
that by virtue of the within Warrant, I searched the within named VEHICLE and seized the
following:
(SEE ATTACHED SPREADSHEET OF ITEMS)
and have the same now in my possession subject to the disposition of the Court.

t:
I'
Misc. addresses and phone numbers on a document.
Wisconsin license plate renewal document issued to Shaneka
Watson, 7105 Raymond Road, Madison, WI.
A Group Health Cooperative document addressed to Shaneka
Watson.
A Security Finance Corp. receipt addressed to Shaneka Watson.
A handwritten letter addressed to Shaneka Watson from Daniel
Thomas
A blue and white cloth with leather larger size work gloves.
A Remington model 760, 30.06 rifle, with Bushnell scope and
leather sling, sn 422639, unloaded.
A 12 gauge single shot, shotqun, Iver Johnson Arms Champion
brand, no serial number located, unloaded
An Ithaca model 37, 16 gauge shotgun, serial #697719-2,
unloaded
A Harrington & Richardson Topper model #88 rifle, 209, serial
#AU404669, unloaded
A Remington Fieldmaster rifle, model 572, with Bushnell Banner
Scope, unloaded.
Remington .22 high speed cartridges, box of fifty.
A Dellinspirion laptop computer, silver in color
A tan suede coat, unknown size, with the label "FUDA, New York"
A black leather full length coat, size large, with a Seventh Avenue
logo .
A Dell computer power cable
A Phillips DVD player, silver in color, model #DVP5990/37, serial
#NW1A0846343643
A black Samsurig flat screen TV, model #LN40A650A 1F, serial
#ALOR3CLQA07544R
A Spartus brand electric digital clock, red/silver/black in color
A gray roll of duct tape
A glass bottle of Amaretto Di amore liquor
A blue Vivitar digital camera, serial #E2034A01396258,
A silver and black Canon Sureshot 35mm camera, in a green
cloth case, serial #2128678
A red Reebok
A tan knit scarf
windbreaker with black trim size XL
A pink/red/white flower patterned jewelry box containing several
watches, necklaces and other jewelry items.
US Currency: Aclear ziplock bag containing eight $2.00 bills and
one $1.00 bill
Wristwatch, silver with pink and tan stone band