Victim of Oconto Falls spear attack gets six-month jail sentence for his role in incident

Green Bay Press-Gazette

OCONTO - A Oconto Falls man who was attacked with a spear while in his pickup truck and was struck in the face by a BB fired from a gun has been given a six-month jail sentence for his role in the incident.

According to the criminal complaint in the attempted homicide case stemming from the May 1 incidents and testimony at a preliminary hearing June 29:

Daniel McDermid, 41, told a deputy he’d been released from jail the day before, and he had returned to his former residence with his ex-wife in the 7900 block of Konitzer Road in the town of Oconto Falls to retrieve some property.

After seeing some items were missing, he confronted Joey J. VandeWettering, 60, who was staying in a camper on the property, igniting a lengthy altercation.

At one point, McDermid attempted to remove the back tires, which he said he owned, from VandeWettering’s trike-style motorcycle.

McDermid and his ex-wife got back in the truck, which VandeWettering hit twice with a three-pronged metal wood spear, breaking the windshield. VanderWettering then came around to the driver’s side of the pickup and stabbed into the open driver’s window at McDermid. However, the spear went into the back of the seat.

The pickup lurched forward and struck the trike, though McDermid claimed he was trying to put the truck in reverse to get away.

As he attempted to drive away, McDermid said he heard a blast and was struck between his eyes with a BB from a gun fired by Vandewettering. BBs also struck the driver’s side of the pickup.

VandeWettering told a deputy that McDermid had attacked him with a lead pipe and the man had tried to run him over with a vehicle, while his attorney said he suffered a broken jaw and other injuries in the incident.

VandeWettering was charged with attempted first-degree intentional homicide, two counts of first-degree recklessly endangering safety and threatening a law enforcement officer.

McDermid was not charged over the incident, but was taken into custody for violating his probation.

In February, Oconto County Judge Michael T. Judge had granted McDermid three years of probation for felony bail jumping for violating his bond in a previous case, in which he was convicted of reckless driving causing bodily harm, for which he received a concurrent term of one year of probation.

The Department of Corrections revoked the probation on the misdemeanor charge, which McDermid didn’t contest, returning him for sentencing before Judge on July 28. The DOC recommended he serve six to nine months in jail.

Special Prosecutor Amy Pautzke recommended nine months in jail. She said McDermid was “involved in a physical assault” of VandeWettering, whom he also tried to hit with his truck.

In the reckless driving case, she said, McDermid had attempted to “run down his significant other with his truck.”

Defense attorney Tara Adolph asked for a six-month jail term, saying McDermid took responsibility for his conduct by agreeing to the revocation. She also noted he was working and would be staying with family.

Adolph added that McDermid will remain on probation in the other case.

“Should he not cooperate, not engage in better relationships, he knows where he’s going to end up,” Adolph said, referring to prison.

McDermid declined to make a statement.

Judge called what occurred “foolishness.”

“An argument over stuff gets you in jail,” he said.

Judge said he understood that VandeWettering had thrown a spear and came out with a gun, although it turned out to be BB gun, though that wasn't known at the time. However, McDermid should have known that “it wasn’t going to be too friendly” getting his belongings, and should have been accompanied by law enforcement or friends to act as intermediaries.

“As we all have to do in life, when we see there’s going to be an altercation, we withdraw from it,” Judge told him. “We don’t get involved with it, or make it worse, and that’s what happened here.”

Judge also reminded McDermid that another probation violation could land him in prison.

“The one thing you cannot do is allow yourself to get involved in any more altercations,” he said.

“Yes, your honor,” McDermid replied.

Judge said he was taking into account VandeWettering’s involvement in the incident in ordering the six-month jail sentence. Judge also granted good time – one day credit for every three served without problems – and 138 days credit, meaning McDermid already fulfilled the sentence.

VandeWettering has pleaded not guilty to his charges. On July 21, Judge approved his attorney withdrawal, made at VandeWettering’s request, and he will represent himself until he finds an attorney or one is appointed for him by the Public Defender’s Office.

He is being held on $150,000 cash bond.

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Contact Kent Tempus at (920) 431-8226 or ktempus@gannett.com.