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State v. Vigil10/28/2004
These judgments of conviction arise from two separate incidents. On May 22, 2002, Karen Eiler was running an errand and walking her dog in downtown Madison. As she cut through an alley on University Avenue, she was confronted by a man who ran in front of her, cut her off and aggressively stopped her. She turned to avoid him only to find another man, Vigil, standing behind her.
. While laughing, Vigil proceeded to unzip his pants and expose his partially erect penis to Eiler. Eiler unhooked her dog's leash, sending her dog home, and fashioned the leash into a whip, to defend herself against any further advances from Vigil. After exposing his penis for several seconds, Vigil put his penis back in his pants and continued to zip and unzip the zipper. Eiler ran out of the alley and went to a liquor store where the police were called. Eiler stated that these events made her feel very frightened and disturbed.
. Vigil was still in the area when the police arrived. City of Madison police officer Susan Krause identified herself and approached Vigil. Krause noticed the smell of alcohol on Vigil's breath and it appeared that he had been drinking. Vigil first denied anything had happened in the alley; when further questioned about why his penis had been exposed, Vigil stated "I was pissing." Krause and another officer then accompanied Vigil into the alley to search for the alleged puddle of urine. In the end, the search did not reveal a puddle of urine or even a drop of moisture. Vigil could not show Krause where he had urinated and he had no explanation why no urine was found. Vigil was then arrested.
. On May 23, 2002, Vigil was charged with lewd and lascivious behavior. During the pendency of this case, Vigil was allowed out on bail. A jury trial date was set for November 25, 2002; however, Vigil failed to appear that day and a warrant was issued. Vigil was ultimately taken into custody on February 22, 2003. Vigil was convicted of lewd and lascivious behavior after a jury trial on May 15, 2003.
. On February 22, 2003, the police were called to a Verizon Wireless store on East Washington Avenue. While in the store, an apparently intoxicated Vigil approached a handicapped man attempting to buy a phone for one of his sons; Vigil stated, in a very loud and aggressive voice, "[y]ou better get those fucking kids out of here!" The store clerk reported that Vigil's threats produced such a panic in this family that the children physically picked up their father and rapidly carried him out of the store. The store clerk further reported that Vigil's temper continued to escalate; Vigil became even louder and more irate and several other customers were visibly upset and concerned. Vigil refused to leave the store, the police were called and he was arrested.
. For these actions, on February 25, 2003, Vigil was charged with one count of disorderly conduct and three counts of bail jumping for (1) consuming alcoholic beverages, (2) committing a further crime and (3) failing to appear for a scheduled court date, all in violation of the bond conditions set in his lewd and lascivious case. On the day of jury selection, Vigil pled guilty to all charges.
. Both cases were addressed at one sentencing hearing on June 4, 2003. The trial court sentenced Vigil to two years in prison for the lewd and lascivious behavior conviction. Vigil also received two-year sentences for each of the disorderly conduct and bail jumping charges, with one year to be served in confinement and another year devoted to extended supervision. All four sentences were concurrent to each other but consecutive to the two-year lewd and lascivious sentence. However, the trial court stayed the imposition of the disorder
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