STATE OF WISCONSIN CIRCUIT COURT LA CROSSE COUNTY

Transcription

1 CIRCUIT COURT LA CROSSE COUNTY STATE OF WISCONSIN -vs- ERIC G KOULA, DOB: N5546 CTH C West Salem, WI Plaintiff, Defendant, SEX: M RACE: W Height: 6 ft 2 in Weight: 195 lbs HAIR: Brown EYES: Blue OTHER: CASE NO. 10CF431 DA Case No. 2010LC Assigned DA/ADA: Tim Gruenke Agency Referral: ATN: Deputy Thomas Olson, La Crosse County Sheriff s Department, being first duly sworn on oath says that on information and belief: Count 1: FIRST DEGREE INTENTIONAL HOMICIDE The above-named defendant on or about Friday, May 21, 2010, at N3071 Fox Hollow Drive, in the Town of Barre, La Crosse County, Wisconsin, did cause the death of Dennis M Koula, with intent to kill that person, contrary to sec (1)(a), (3)(a) Wis. Stats., a Class A Felony, and upon conviction shall be sentenced to imprisonment for life. Count 2: FIRST DEGREE INTENTIONAL HOMICIDE The above-named defendant on or about Friday, May 21, 2010, at N3071 Fox Hollow Drive, in the Town of Barre, La Crosse County, Wisconsin, did cause the death of Merna J Koula, with intent to kill that person, contrary to sec (1)(a), (3)(a) Wis. Stats., a Class A Felony, and upon conviction shall be sentenced to imprisonment for life. Count 3: UTTERING A FORGERY The above-named defendant on or about Saturday, May 22, 2010, at 1410 W Cty Hwy 16, West Salem, La Crosse County, Wisconsin, did utter as genuine, any forged writing or writing of a kind whereby legal rights and obligations are created, knowing the writing to have been falsely made, Check #1184 drawn on the Fidelity account of Dennis Koula, contrary to sec (2), (3)(h) Wis. Stats., a Class H Felony, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than six (6) years, or both. and prays that the defendant be dealt with according to law; that the basis for complainant s charge of such offense is: Sgt. Zimmerman, La Crosse County Sheriff s Department, states that on Monday, May 24, 2010, he and Investigator Leinfelder were dispatched to N3071 Fox Hollow Drive, Town of Barre, County of La Crosse, Wisconsin, regarding a male and female party identified as Dennis and Merna Koula deceased in their residence.

2 Eric G Koula Page 2 of 8 Sgt. Lubinski made contact with Eric Koula identified as the son of the deceased parties outside of the residence and Eric stated that he had found his father lying on the floor at which point he tugged on his leg and found it to be stiff. After further personnel arrived on scene, Sgt. Lubinski was able to speak with Eric further and Eric stated that if he had not checked on his parents that morning he would have been at his residence performing day trading over the Internet and that his stocks and commodities were doing very well. Sgt. Zimmerman entered the residence and first observed Dennis Koula lying on the floor in the dining area of the kitchen of the residence and it was apparent that he was deceased from the presence of lividity and also there was a large pool of blood that was dried in the area of his head. As they proceeded around the residence they located the female victim later identified as Merna Koula seated at a chair at the computer desk in the office area of the residence. Merna was seated in a chair slumped over with her head lying on the computer desk. It was also obvious she was deceased due to the lividity present in her body and there was a large quantity of blood on the computer desk and on the floor. Sgt. Zimmerman and Investigator Leinfelder proceeded to the second level of the residence and upon observing a spare bedroom directly to the left at the top of the stairs of the residence they observed numerous dresser drawers were pulled open and remained open but no items appeared to have been pulled from the drawers and thrown around. As they proceeded down the hallway they observed another spare bedroom on the south side of the residence that had dresser drawers standing open also. Sgt. Zimmerman and Investigator Leinfelder then entered the master bedroom of the second level of the residence and observed that dresser drawers were standing open on both dressers located in the bedroom, and also the top drawer of the nightstand next to the bed was open. Investigators noted that while the drawers were opened, nothing appeared to be missing from the residence even though items of value were present. Dennis Koula still had his wallet on his person containing credit cards and also an amount of cash in a money clip. Merna Koula s purse was also present in the dining area on a table and contained cash and credit cards. The house was fully furnished with valuable items such as flat screen TV s, computers, cameras, and other items of value apparently undisturbed. Sgt. Zimmerman states that he then went to assist collecting evidence from the scene of the crime and at approximately 10 p.m. they moved Dennis Koula s body. It was found that Dennis was grasping vehicle keys in his right hand and a water bottle that remained on the floor possibly held in his left hand. It appeared he was shot as he had entered the residence. Sgt. Zimmerman states that autopsies were conducted at Minnesota Regional Medical Examiner s office in Hastings, Minnesota, and it was determined from the autopsies on both Dennis and Merna Koula that the cause of death was a single gunshot wound to the head on both victims and a projectile was removed from both victims and turned over to Sgt. Zimmerman. Investigators determined that both Dennis and Merna Koula were shot with.22 caliber rounds. Investigator Leinfelder states that in the upstairs closet off the bedroom that Dennis slept in was located a.22 caliber long rifle owned by Dennis Koula along with a box of.22 ammunition that had several rounds missing. Investigator Leinfelder states that he spoke with Eric Koula who stated that he is self employed and buys and trades stock options and has been doing that for approximately the last four years. Eric stated the last time he had seen his mother and father together was on Mother s Day and the last time

3 Eric G Koula Page 3 of 8 he saw his mother was the first part of the previous week which would have been either May 17 or May 18, Eric said he had stopped by in the afternoon at his parents house and his mother was doing laundry and he helped his mother fold laundry and put it away. Eric stated that his mother was a substitute teacher in West Salem and would sometimes substitute teach in the Bangor schools. Eric stated that his father works in Black River Falls as a pharmacist for the Ho Chunk Nation and typically works Monday and Friday from 8 a.m. to 5 p.m. Eric stated that on Monday morning, May 24, he received a phone call from West Salem Schools asking him if his mother had gone on a trip because she did not show up for work. Eric stated that he called his mother s cell phone and it went right to voice mail and checked his phone and said that he called at 8:21 a.m. He stated that at 8:22 a.m. he called his father s cell phone and it also went to voice mail. He left a message on both his parents cell phones and at 8:37 a.m. he called his parent s home phone and left a message. Eric stated he then told his wife he was going to get dressed and go to his parent s residence. He was then asked about going to his parents house on Thursday, May 20, and he stated he stopped out to his parents residence some time around 4 p.m. before he went golfing that day and that his dad was working on putting some new deck boards in and he had a short conversation with his father that lasted about 10 minutes. Eric said he then went to Fox Hollow Golf Course and golfed at 4:20 p.m. Eric stated that on Friday morning, May 21, he worked most of the day on his computer day trading. He stated he called his father on his father s cell phone at about noon and talked about how the stock market was doing. He stated that at about 3:30 p.m. he left the residence and went to help a friend named Mike Genz to do some tile grout work at Mike Genz s girlfriend s house on Loomis Street in La Crosse. Eric stated that he left the Loomis Street address at approximately 5:30 p.m. due to the fact that it was his wedding anniversary that day and went to Shopko located in Bridgeview Plaza on Rose Street to buy a plant for his wife for their anniversary. He said he could not find a plant he liked at the Bridgeview Plaza Shopko so he went to the Shopko by Valley View Mall and bought a hanging plant there and then drove home. He stated he then got in the shower and he and his wife then went to Wasson s Supper Club for their anniversary arriving at about 7:20 to 7:30 p.m. While there they received a phone call from his friends Joe and Connie Beier who lived on Wagon Drive in West Salem and the Beier s asked them to come over for some champagne to celebrate their anniversary. Eric said they did this and they then went home. They returned home at approximately 10:00-10:30 p.m. Eric stated that on Saturday morning, May 22, he got out of bed and began mowing his lawn and believed he mowed his lawn until about 3:30-4:00 p.m. At some point during the day he had called his parents house to say thank you for the anniversary card they gave him and a gift certificate to TGI Fridays. Some time after that phone call he called his parents residence again to invite them over for dinner and did not get a response but did not leave a message. He stated that Joe and Connie Beier came over to their house that night for a cookout and they ate dinner and had some drinks. He stated that on Sunday morning at 6:25 a.m. he got up and went golfing at Black River Falls. He stated he returned home at about 1 p.m. and received a phone call from Mike Genz asking him to come to his boathouse to help him put in a fire ring. He stated he did this and returned home between 5:00 and 5:30 p.m. and his daughter, Hadley, had tried to call her grandparents while he was golfing but received no answer. He then stated that he got out of bed at approximately 6:50 a.m. on Monday and some time after 8 a.m. received a call from the West Salem School District asking about his mother and then drove to his parents residence and drove onto the driveway. He immediately thought something was not right because his father s truck was still parked in the driveway and knew his father was supposed to be at work. He stated he entered the residence through the garage and immediately saw his father on the floor. He tried touching his father s leg to try and wake him but his leg was hard and he could see dried blood by his head and blood was all over and he immediately called 911. While speaking to the dispatcher, Eric walked to the entrance of the computer room and

4 Eric G Koula Page 4 of 8 saw his mother and attempted to shake his mother and saw some blood on the floor as what he described as dried blood coming out of her ears. He was asked if his parents were having any money problems and he said no. He was also asked if they kept large amounts of cash in the house and he stated his father had gold coins that he kept in the house and that there were approximately gold coins. He said he told his father in the past he should put them in a safe and said his father kept the gold coins in a brown hinged box in an underwear and sock drawer and that his father would also keep about $1,000-$2,000 in cash tucked away in a sock in his sock drawer. When asked if his father had any guns in the house Eric said his father had a.22 caliber bolt action rifle. When asked if his brother-in-law Patrick had any guns he said he believed that Pat had a couple of handguns because he was aware of the fact that Patrick and Cindy would go to a shooting range to shoot. When asked if Eric owned any guns he stated that he won a shotgun a while ago at a fundraiser and has a.22 caliber rifle that he uses to shoot rabbits or raccoons near his residence. Eric said that he had no idea of any people that his parents may have had any issues with or problems with but mentioned a situation where a scruffy looking guy had some words with his mother while his mother was working in the yard. He stated his mother was a bit upset about this contact with this person. Eric said that his mother told him it looked as though this person was casing the neighborhood. Sgt. Zimmerman states that he spoke with Christine Koula, Eric Koula s wife, on Monday, May 24, and she stated she is a stay-at-home mom and Eric is also normally at home because he is selfemployed as a day trader and does most of his work off the Internet. They have two children a 16 year old boy and 11 year old girl. Christine stated that the last time she saw either Dennis or Merna was on Friday, May 21, when Merna had stopped over to their residence and dropped off an anniversary card and gift card from TGI Fridays because it was Christine and Eric s anniversary that Friday. Christine stated that this was around 3:30 p.m. and thought that Merna normally worked until 3 p.m. She said Merna was only there for a short period of time to drop off a card, gift card and balloon for their anniversary and then left. When asked if they tried to contact Dennis or Merna at any time over the weekend, Christine said that Eric had called on Saturday and did not receive an answer on the home phone and Eric left a message inviting Dennis and Merna over for a cookout on Sunday. Christine said their daughter had called about 3 p.m. on Sunday and did not receive an answer at the residence either. When asked if that was unusual she stated they knew they had graduation parties to go to and thought maybe they had just left town to attend graduation parties. When Christine was asked about activities during the day on Friday, May 21, 2010, she stated that this was her and Eric s wedding anniversary and she was home all day long and Eric left and went to a friend s house to help him tile a floor. She said Eric called her about 5:30 p.m. stating that he had to get the rest of her present for their anniversary and that Eric arrived home at about 6:30 p.m. at which time he gave Christine a hanging plant for their anniversary. She said immediately after Eric arrived home he took a shower and around 7 p.m. they left driving to Wasson s Supper Club in Galesville, Wisconsin, for supper and probably arrived there about 7:20 to 7:25 p.m. Investigator Leinfelder states that on May 25, 2010, he along with John Christopherson from the Wisconsin Division of Criminal Investigation re-interviewed Eric Koula and again went over the events of Friday, May 21. Eric stated that he got up at approximately 6:45 a.m. and turned on the TV watching CNBC to check the stock market stating that the markets were pretty bad. Eric said he made some coffee and waited for the markets to open. He stated that he started day trading at 8:30

5 Eric G Koula Page 5 of 8 a.m. and stayed on the computer all day doing trading and that his wife was with him all day. He said at about 2:30 p.m. he left the residence to help his friend Mike Genz do some tile work and that on the way to Mike s he stopped and got his wife an anniversary card and flowers at Wal-Mart and then went to help Mike do the tile work on Loomis Street on the north side of La Crosse. He said he left the Loomis Street address at about 5:30 p.m. and he was running late and wanted to stop and get another plant for his wife because the roses that he purchased weren t going to be enough. Eric said he stopped at the Shopko by Bridgeview Plaza and looked around the garden area there but was unable to find anything he liked and then went to the Shopko in Onalaska by Valley View Mall and found a plant, paid for the plant, and went directly home. He provided a receipt for the purchase indicating he bought the plant at 6:15 pm. When he got home he showered and he and his wife went to Wasson s Supper Club for supper arriving at the restaurant at approximately 7:20-7:30 p.m. While there they were invited by Joe Beier to come to their house for champagne to celebrate their anniversary and that they did so. Eric stated that he got up on Saturday morning and had to run to pick up tires for his lawn mower and when he did that he realized he needed cotter pins so he stopped at Ace Hardware in West Salem and then mowed the lawn from approximately noon until 5 p.m. and called his mom and dad around 3 or 4 p.m. to thank them for the anniversary card. He stated he made another phone call to his parents asking them if they wanted to come over to their house on Sunday for a cookout and left a message. He was then asked about the gold coins that his dad had and Eric said he was not sure if the coins were called a Walking Liberty and described them as being slightly smaller than a half dollar and remembered that the coins had what he called a skirted lady on them. He said his father kept the coins in a brown wood box with a cover that opened and closed and always kept the coins in a dresser under clothing or underwear although he had never seen the coins while they were in the dresser. Eric stated that his dad had a.22 rifle and he thought his dad owned a deer rifle but was unsure. He stated that his father kept the firearms in the closet or under his bed and that he was never at his parent s residence while his dad shot any of the guns. He did state that he gave his father some bullets for the.22 and advised that he had.22 ammunition because he owns a.22 also. He was then asked if he knew who had keys to his parents house and Eric said that he believed that he and his sister were the only two that had keys and was unsure if possibly if friend of his parents had a key. He was also aware of a pass code on the outside of the house but was unsure of the combination. When asked if he had access to his parents computer he said he would help his mother on the computer while she was trading trying to teach her how to see trends. He was asked about his financial situation and how his day trading had been going for him and he said he was making about $7,000 to $10,000 a month day trading. He figured he had made approximately $40,000 day trading so far that year of He stated he uses Options Express as the main site he uses and was unsure exactly what his father or mother used but knew they had Fidelity accounts. Investigator Leinfelder states that on Tuesday, June 8, he had yet another conversation with Eric Koula and among other items he discussed with Eric about the day he helped his mother fold laundry and asked Eric what laundry he put away. Eric stated there were approximately 2-3 loads that he helped his mother fold. Eric said the laundry was everything and anything and could not remember if there were towels in the laundry that he helped fold. When asked, he could not remember the exact contents of the laundry and Investigator Leinfelder asked him if he remembered what he would have

6 Eric G Koula Page 6 of 8 put away in the spare bedroom closet where the.22 rifle would be located and Eric replied something on a hanger but was not sure of what that was. Investigator Leinfelder states that in reviewing cell phone records for Eric Koula it was discovered that on May 21, 2010, at 12:08 p.m. Eric Koula made a telephone call to Options Express. Investigator Leinfelder states that Options Express records their phone calls and he listened to a recording of that phone call made by Eric Koula. On the phone call Eric Koula was informed of an overdraft fee and he was told that he only had $12.39 in his account and that was not enough to cover a check that he had written. Investigator Leinfelder states that he learned that Merna Koula appeared to have been shot in the back of the head while sitting at her computer and according to a computer analysis the last key stroke on that computer occurred at 5:41 p.m. on May 21, Investigator Leinfelder also learned that Dennis Koula had left his employment in Black River Falls at approximately 5 p.m. on May 21 and it took approximately 50 minutes to drive from his work place to his residence in the Town of Barre. According to investigator s reports, investigators determined that to drive from the Loomis Street address where Eric Koula stated that he was at on May 21 to Dennis and Merna s residence where the homicides occurred, takes approximately 14 minutes driving the speed limit, and from Dennis and Merna s residence to drive to the Shopko store in Onalaska takes approximately 10 minutes driving the speed limit. Investigator Leinfelder also reviewed surveillance video from the Shopko store located in Bridgeview Plaza from May 21, 2010 and the surveillance video indicates that neither Eric Koula nor Eric Koula s vehicle was observed at that Shopko store on May 21. Eric Koula did provide a receipt for a hanging plant he bought at the Shopko store on Hwy 16 indicating he purchased a hanging plant at 6:15 pm on May 21 st. Investigators determined that the Shopko Store in Bridgeview Plaza had approximately 67 plants of the same type at their store as the Shopko store in Onalaska on May 21. Sgt. Weirzbicki states that on May 28, 2010 at approximately 4:00 pm he was dispatched to Eric Koula's residence at N5546 County Road C in the Town of Hamilton about Eric receiving a suspicious letter in the mail. Upon arrival he found Eric to be sitting in his driveway and upon seeing the squad car, he stood up and became very unsteady on his feet. He stated it was difficult receiving what he had received in the mail. He directed Sgt. Weirzbicki to a piece of paper and envelope on the kitchen table. The paper had only the words fixed u on it. Eric said he had been cleaning his parents home and had returned home and started a campfire in his backyard. He then decided to get the mail and walked to the mailbox as the postal employee was arriving. He took the mail from the mail carrier without opening the box and returned to the residence. He then was reminded by his wife he did not get the mail from the previous day and went back out to the mailbox and discovered the threatening letter. Marshall Reed of the State of Wisconsin State Crime Lab states that the envelope the letter was contained in displays a defect in the printing which is a non-printed area resembling a narrow rectangle, rounded at both ends. This non-printed area that is a defect may serve to associate that envelope with other similar envelopes originating from a common source. Chief Deputy Jeff Wolf states that in the process of executing a search warrant at the residence of Eric Koula on July 29, 2010, investigators discovered two separate documents in sealed envelopes, one of them dated Upon opening the envelopes, both envelopes had the same unique defect in printing found on the envelope containing the letter found in the Koula s mailbox on May 28. Marshall

7 Eric G Koula Page 7 of 8 Reed indicated it would be highly unlikely two separate people would have obtained envelopes with the same unique defect on them. Investigator Leinfelder states that after reviewing subpoenas for bank accounts for Dennis and Merna Koula as well as for accounts of Eric Koula it was discovered that on May 22, 2010, Eric Koula deposited a check into his First Community Credit Union Account at 1410 W Cty Hwy 16, West Salem and the check was purported to have been written by Dennis Koula from his Fidelity investment account. The check was dated May 21, 2010, the date of the homicides. The check was written in the amount of $50,000. Investigators determined that on that date, May 22, Eric Koula had only $ in that account prior to the $50,000 check deposit. Marshall Reed examined the Fidelity check number 1174 along with other known writings of Eric and Dennis Koula and determined that the signature of Dennis Koula was not genuine. He describes it as a simulation or an attempt to copy or draw either from memory or a model a signature which approximates the overall form of Dennis Koula s signature. Mr. Reed further concluded that the rest of the check was in fact written by Eric Koula and endorsed by Eric Koula. Mary Jo Werner, JD, CPA, CFF, states that a further review of Eric Koula s bank accounts reveal that in October of 2009, he received a $100,000 check from his father Dennis Koula s Fidelity account. A further review of Eric Koula s bank accounts indicates that a $50,000 check was also cashed on May 22, 2010 from Dennis Koula s Fidelity account. Other than the $150,000 in deposits from checks of Dennis Koula, Eric and Christine had no other consistent source of income. Christine Koula was not employed outside the home and Eric s only source of income was as a day trader. Ms. Werner states that in analyzing Eric s bank accounts from May of 2009 to June of 2010 it appeared he had spent all of the $100,000 received from his father and other than the $50,000 deposited from the check on May 22 had less money in each of his accounts then he had in May of 2009, despite receiving the $100,000 check in October of Account Date Amount Date Amount Savings 5/1/09 $ /31/10 $50, Checking 5/1/09 $4, /31/10 $ Savings 5/1/09 $ /31/10 $ Ms. Werner states that Eric and Christine were heavily in debt with thousands of dollars in various credit cards, a home mortgage, and a line of credit. After the $50,000 was deposited in May of 2010, Eric Moved approximately $32,000 of it into his Options account and as of June 30, 2020 he only had approximately $22,000 left in that account. Special Agent John Christopherson interviewed Eric Koula on July 29, 2010 and Eric stated that his father did in fact give him a check on Thursday, May 20, and that he had signed it and given it to Eric. When asked why his father would do this, Eric explained that his father had set aside some money for him in an account and that is where the $100,000 payment in October 2009 had come from as well as the check cashed on May 22. Eric stated that after obtaining the blank check, he filled it out on Friday May 21, but did not get around to cashing it until Saturday, May 22. He stated he needed the money to help in his day trading business. When asked why he had not mentioned that he received a check from Dennis on Thursday and cashed it on Saturday, or that he had driven to the Credit Union Saturday morning in any of the

8 Eric G Koula Page 8 of 8 numerous previous interviews with police when they had gone over his activities for the weekend, he stated he did not think it was important to the investigation. Eric described his activities over the weekend and indicated he went to Wal-Mart to buy a card and roses earlier in the day on May 21 st and returned home before traveling to meet Mike Genz instead of driving to Wal-Mart on his way to La Crosse as in previous interviews. Special Agent Christopherson informed Eric that Eric did not appear at all on the video at the Shopko near Bridgeview plaza, and that if he was not there, the driving times fit the timeline for him to have the opportunity to commit the homicides. Eric maintained he was at that Shopko. He denied ever driving to his parents house on Friday May 21 st or being involved in their homicide. Special Agent Christopherson spoke to Eric about his money problems and Eric admitted he was in debt with credit cards, a mortgage, and in May of 2010 the market was not doing well. But he stated he did not hurt his parents. When asked if he had any reason to be in the closet where the.22 rifle was kept in his parents house, he stated he put a lightweight jacket on a hanger in the closet the day he helped his mother with laundry. When asked why he hadn t said that in previous interviews, he indicated he called Inv. Leinfelder and left a message to that effect. Inv. Leinfelder indicates he never received any message about a jacket from Eric. Subscribed and sworn to before me and approved for filing. Dated July 30, 2010 Deputy Thomas Olson La Crosse County Sheriff s Department COMPLAINANT Tim Gruenke, State Bar No District Attorney La Crosse County, Wisconsin