State of Wisconsin Circuit Court Walworth County

Case 2022CF000118 Document 2 Filed 03-02-2022 Page 1 of 16
FILED
03-02-2022
Walworth County
Clerk of Circuit Court
2022CF000118
STATE OF WISCONSIN CIRCUIT COURT WALWORTH COUNTY
DA Case No.: 2022WK000988
STATE OF WISCONSIN Assigned DA/ADA: Susan L. Opper
Plaintiff, Agency Case No.: W22008262
Court Case No.:
vs. ATN:
Gerardo Baca
617 Tyrrell Avenue CRIMINAL COMPLAINT
Delavan, WI 53115
DOB: 06/18/1985
Sex/Race: M/H
Eye Color: Brown
Hair Color: Brown
Height: 5 ft 8 in
Weight: 205 lbs
Alias:
Defendant.
The undersigned, of the Waukesha County District Attorney Office being first duly sworn on
oath, upon information and belief, states that:
Count 1: THIRD DEGREE SEXUAL ASSAULT
The above-named defendant on or about Sunday, October 10, 2021, at 617 Tyrrell Avenue, in
the City of Delavan, Walworth County, Wisconsin, did have sexual intercourse with VICTIM A,
without that person's consent, contrary to sec. 940.225(3)(a), 939.50(3)(g) Wis. Stats., a Class
G Felony, and upon conviction may be fined not more than Twenty Five Thousand Dollars
($25,000), or imprisoned not more than ten (10) years, or both.
Count 2: THREATENING TO COMMUNICATE DEROGATORY INFORMATION
The above-named defendant between October 10, 2021 through November 20, 2021, in the
City of Delavan, Walworth County, Wisconsin, did maliciously threaten, with intent to extort
money or any pecuniary advantage whatever, or with intent to compel the person so
threatened to do any act against the person's will, to disseminate or to communicate to anyone
information, whether true or false, that would humiliate or injure the reputation of the
threatened person or another, contrary to sec. 943.31, 939.50(3)(i) Wis. Stats., a Class I
Felony, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or
imprisoned not more than three (3) years and six (6) months, or both.
Count 3: SECOND DEGREE SEXUAL ASSAULT
The above-named defendant on or about May 24, 2020, at 617 Tyrrell Avenue, in the City of
Delavan, Walworth County, Wisconsin, did have sexual intercourse with a person, VICTIM B,
who was under the influence of an intoxicant to a degree which rendered that person incapable
03/02/2022
STATE OF WISCONSIN - VS - Gerardo Baca
of giving consent, and the defendant had the purpose to have sexual intercourse with the
person while the person was incapable of giving consent, contrary to sec. 940.225(2)(cm),
939.50(3)(c) Wis. Stats., a Class C Felony, and upon conviction may be fined not more than
One Hundred Thousand Dollars ($100,000), or imprisoned not more than forty (40) years, or
both.
The above-named defendant in 2020, at 617 Tyrrell Avenue, in the City of Delavan, Walworth
County, Wisconsin, did have sexual intercourse with VICTIM B, without that person's consent,
contrary to sec. 940.225(3)(a), 939.50(3)(g) Wis. Stats., a Class G Felony, and upon conviction
may be fined not more than Twenty Five Thousand Dollars ($25,000), or imprisoned not more
than ten (10) years, or both.
The above-named defendant in 2020, at 617 Tyrrell Avenue, in the City of Delavan, Walworth
County, Wisconsin, did have sexual intercourse with VICTIM B, without that person's consent,
contrary to sec. 940.225(3)(a), 939.50(3)(g) Wis. Stats., a Class G Felony, and upon conviction
may be fined not more than Twenty Five Thousand Dollars ($25,000), or imprisoned not more
than ten (10) years, or both.
The above-named defendant in July or August of 2012, in the City of Delavan, Walworth
County, Wisconsin, by use of force, did have sexual intercourse,, with VICTIM C, without the
consent of that person, contrary to sec. 940.225(2)(a), 939.50(3)(c) Wis. Stats., a Class C
Felony, and upon conviction may be fined not more than One Hundred Thousand Dollars
($100,000), or imprisoned not more than forty (40) years, or both.
Count 7: ATTEMPT THIRD DEGREE SEXUAL ASSAULT
The above-named defendant in July or August of 2012, in the City of Delavan, Walworth
County, Wisconsin, attempted to have sexual intercourse with VICTIM C, without that person's
consent, contrary to sec. 940.225(3), 939.50(3)(g), 939.32 Wis. Stats., an attempt to commit a
Class G Felony, and upon conviction may be fined not more than $12,500, or imprisoned not
more than five (5) years, or both.
Count 8: CHILD ENTICEMENT
The above-named defendant between June, 2012 to July 2012, at a residence, in the City of
Delavan, Walworth County, Wisconsin, with intent to, did cause a child under the age of 18,
VICTIM D, DOB 12/20/1994, to go into a secluded place, contrary to sec. 948.07(3),
939.50(3)(d) Wis. Stats., a Class D Felony, and upon conviction may be fined not more than
One Hundred Thousand Dollars ($100,000), or imprisoned not more than twenty five (25)
years, or both.
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The above-named defendant between June, 2012 to July 2012, at a residence, in the City of
Delavan, Walworth County, Wisconsin, did have sexual intercourse with a person, VICTIM D,
who was under the influence of an intoxicant to a degree which rendered that person incapable
of giving consent, and the defendant had the purpose to have sexual intercourse with the
person while the person was incapable of giving consent, contrary to sec. 940.225(2)(cm),
939.50(3)(c) Wis. Stats., a Class C Felony, and upon conviction may be fined not more than
One Hundred Thousand Dollars ($100,000), or imprisoned not more than forty (40) years, or
both.
The above-named defendant between July, 2012, and August 2012,, at a residence, in the City
of Delavan, Walworth County, Wisconsin, did have sexual intercourse with a person, VICTIM
E, who was under the influence of an intoxicant to a degree which rendered that person
incapable of giving consent, and the defendant had the purpose to have sexual intercourse
with the person while the person was incapable of giving consent, contrary to sec.
940.225(2)(cm), 939.50(3)(c) Wis. Stats., a Class C Felony, and upon conviction may be fined
not more than One Hundred Thousand Dollars ($100,000), or imprisoned not more than forty
(40) years, or both.
The above-named defendant between August 28, 2019, to August 29, 2019,, at a residence, in
the City of Delavan, Walworth County, Wisconsin, did have sexual intercourse with a person,
VICTIM E, who was under the influence of an intoxicant to a degree which rendered that
person incapable of giving consent, and the defendant had the purpose to have sexual
intercourse with the person while the person was incapable of giving consent, contrary to sec.
The above-named defendant on or about Sunday, November 17, 2019, at a residence, in the
City of Delavan, Walworth County, Wisconsin, did have sexual intercourse with a person,
The above-named defendant on or about Monday, January 20, 2020, at a residence, in the
City of Delavan, Walworth County, Wisconsin, did have sexual intercourse with a person,
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Count 14: CAPTURE AN INTIMATE REPRESENTATION WITHOUT CONSENT
The above-named defendant on or about Sunday, November 17, 2019, at a residence, in the
City of Delavan, Walworth County, Wisconsin, did knowingly make a videotape or take a
photograph which videotape or photograph depicts an intimate representation without the
consent of the person, to-wit: VICTIM E, depicted in the intimate representation, under
circumstances where the person so depicted has a reasonable expectation of privacy, contrary
to sec. 942.09(2)(am)1, 939.50(3)(i) Wis. Stats., a Class I Felony, and upon conviction may be
fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than three (3)
years and six (6) months, or both.
The above-named defendant on or about Monday, January 20, 2020, at a residence, in the
City of Delavan, Walworth County, Wisconsin, did knowingly make a videotape or take a
photograph which videotape or photograph depicts an intimate representation without the
consent of the person, to-wit: VICTIM E, depicted in the intimate representation, under
Count 16: STALKING
The above-named defendant between 2016 and 2020,, at a residence, in the City of Delavan,
Walworth County, Wisconsin, did intentionally engage in a course of conduct directed at a
specific person to wit: VICTIM F that caused that person and that would cause a reasonable
person under the same circumstances to suffer serious emotional distress or to fear bodily
injury or death to themselves or to a member of their family or household and where the
defendant knew or should have known that at least one of the acts that constituted the course
of conduct caused VICTIM F to suffer serious emotional distress or placed VICTIM F in
reasonable fear of bodily injury or death to themselves or a member of their family or
household and where the defendant's acts caused VICTIM F to suffer serious emotional
distress or induced fear in VICTIM F of bodily injury or death to themselves or a member of
their family of household, contrary to sec. 940.32(2), 939.50(3)(i) Wis. Stats., a Class I Felony,
and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or
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Count 17: THREATENING TO COMMUNICATE DEROGATORY INFORMATION
The above-named defendant on or about Wednesday, June 10, 2020, at a residence, in the
City of Delavan, Walworth County, Wisconsin, did maliciously threaten, with intent to extort
money or any pecuniary advantage whatever, or with intent to compel the person so
threatened to do any act against the person's will, to disseminate or to communicate to anyone
information, whether true or false, that would humiliate or injure the reputation of the
threatened person or another, contrary to sec. 943.31, 939.50(3)(i) Wis. Stats., a Class I
Felony, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or
Count 18: CAPTURE AN IMAGE OF NUDITY WITHOUT CONSENT
The above-named defendant on or about Thursday, March 24, 2016, at a residence, in the City
of Delavan, Walworth County, Wisconsin, did knowingly make a videotape which videotape
depicts nudity, without the knowledge and consent of the person depicted nude under
The above-named defendant on or about Monday, July 16, 2018, at a residence, in the City of
Delavan, Walworth County, Wisconsin, did knowingly make a videotape or take a photograph
which videotape or photograph depicts an intimate representation without the consent of the
person, to-wit: VICTIM F, depicted in the intimate representation, under circumstances where
the person so depicted has a reasonable expectation of privacy, contrary to sec.
942.09(2)(am)1, 939.50(3)(i) Wis. Stats., a Class I Felony, and upon conviction may be fined
not more than Ten Thousand Dollars ($10,000), or imprisoned not more than three (3) years
and six (6) months, or both.
PROBABLE CAUSE:
And prays that the defendant be dealt with according to law; that the basis for complainant’s
charge of such offense is: Based on the reports of Detective Hoppe and Detective Kopatich of
the Waukesha County Sheriff’s Department, believed in this instance to be truthful and reliable.
Detective Hoppe reports that on February 1, 2022, he was assigned to investigate a sexual
assault allegation made against the defendant, Gerardo Baca, DOB: 6/18/85.
Detective Hoppe began by interviewing VICTIM B who reported that she was sexually
assaulted by the defendant in May of 2020. VICTIM B reported that she and co-workers went
out after working second shift on the night of May 23, 2020. She reported that the defendant
was asked to come along and that the group went to a bar in the City of Elkhorn. While at the
bar, VICTIM B reported that she had four drinks and a few shots and admitted that she was
heavily intoxicated. VICTIM B reported that the group stayed until the bar closed and
afterwards, she told the defendant that she did not want to drive home. The defendant told
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VICTIM B that she could “sober up at his house” and he would take her back to her car later.
VICTIM B agreed to do so because she felt she was in no condition to drive.
VICTIM B reports that the defendant drove her back to his residence located at 617 Tyrrell
Avenue in the City of Delavan, Walworth County, Wisconsin. VICTIM B reported that during
the drive home, she told the defendant that she did not want to sleep with him. The defendant
repeatedly asked her why she did not want to sleep with him. When they arrived at the
defendant’s residence, they sat on the couch and talked. VICTIM B reported that she started
to fall asleep and that the defendant told her she should “get more comfortable” and to “sleep it
off” in his bed. VICTIM B reported that she agreed to this but again told the defendant that she
was not going to sleep with him. The defendant said “No, you are just going to sleep it off”.
VICTIM B then went into the defendant’s bedroom and laid down in his bed. VICTIM B
reported that she was fully clothed at the time she laid down and fell asleep.
VICTIM B stated that the next thing she knew, her pants were off and the defendant was “on
top of her” and was “inside” of her, having sexual intercourse. VICTIM B stated that she did
not fight back at that point but did ask him if he was at least wearing a condom and he stated
no. VICTIM B stated that the defendant did not say anything else during the encounter.
VICTIM B admitted that she drank way too much, but still felt she made it clear to him, prior to
waking up to the defendant having sex with her, that she did not want to have sex with him.
VICTIM B stated that the defendant ejaculated inside of her and afterwards got up and went
into the bathroom. VICTIM B got dressed and told the defendant she wanted to leave and he
drove her back to her vehicle.
VICTIM B further reported that the defendant has cameras all over his house and that he uses
the cameras to watch his dogs when he is away at work. VICTIM B reported that the
defendant says he turns the cameras off when he is at home, but she did not believe him.
Detective Hoppe asked VICTIM B if there was any force in any of the encounters and VICTIM
B replied “the first time was 100% rape”. VICTIM B stated again she told the defendant over
and over that she did not want to have sex with him. VICTIM B further reported there were a
couple of times that he “wanted to do anal” but she told him no and that she did not like anal
sex and did not want to do that. VICTIM B reported that the defendant would proceed anyway
and had anal intercourse with her. VICTIM B said on two occasions, she was having penis to
vagina intercourse with the defendant with consent and he was penetrating her from behind.
The defendant without her consent then inserted his penis into her anus. VICTIM B told the
defendant it hurt and wanted him to stop but he would just keep going and told her she was
crying like a little bitch. VICTIM B stated these incidents occurred around the end of 2020 at
the defendant’s residence in Delavan.
Detective Kopatich reports that on February 3, 2022, he interviewed VICTIM A. VICTIM A

reported that she and the defendant started hanging out together some time in October of
2021, and that they had a friendship. VICTIM A further reported that on October 8, 2021, and
October 9, 2021, she worked a double shift on both days at her place of employment. VICTIM
A further reported that an incident occurred at work on October 9, 2021, and it upset her
greatly. On October 10, 2021, she only had about three hours of sleep before having to go
back to work. VICTIM A reported that the defendant asked her to come over to his residence
to talk about what had happened at work because he was concerned about her. VICTIM A
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reported that she did go to the defendant’s residence sometime in the early evening on
October 10, 2021.
Upon arriving at the defendant’s residence, they talked about the incident at work. VICTIM A
reported that she was completely exhausted, mentally, physically, and emotionally. The
defendant told her to go into his room and lay down and that he would leave her alone.
VICTIM A stated that she went into his room and laid down on his bed and about one minute
later, the defendant came in and laid down on the bed next to her. VICTIM A stated that the
defendant kissed her cheek and then unzipped his pants. VICTIM A reported that the
defendant exposed his penis and put her hand on it. VICTIM A stated that she took her hand
away and rolled over. The defendant told her it would be okay. VICTIM A told the defendant
that she was tired and that she just wanted to sleep. The defendant pulled her shoulders so
that she rolled over and they were now facing each other. The defendant began to unbuckle
the belt that VICTIM A was wearing. VICTIM A rolled back over. VICTIM A reported that after
a minute or two, she was half asleep and that the defendant was able to take her pants off.
VICTIM A reported that she told the defendant “no”, but that she wasn’t able to push him off.
VICTIM A described the defendant as being bigger than her. VICTIM A indicated that the
defendant had sexual intercourse with her without her consent. VICTIM A stated that after it
was over, she got herself cleaned up and used an excuse to leave and that she cried all the
way home.
After the incident, the defendant told VICTIM A that he had told six other people that they had
slept together consensually. VICTIM A told the defendant “I hope these six people you told
don’t come to me for my side of the story”. The defendant asked “What is that supposed to
mean?” and VICTIM A said “That you raped me because I told you multiple times that night to
stop”.
VICTIM A reported that the defendant went around to other people saying that VICTIM A was
lying. The defendant claimed that if VICTIM A ever made a statement that it was not
consensual, he would consider that a threat and would have VICTIM A’s boyfriend investigated
for domestic violence. The defendant stated that he would ruin VICTIM A’s reputation at work.
The defendant also told VICTIM A that he had a bunch of video and audio recordings, along
with pictures.
Detective Hoppe further reports that text messages were downloaded from VICTIM A’s cell
phone with her permission. There were multiple text messages between VICTIM A and the
defendant between the dates of October 10, 2021, and November 24, 2021. In the text
messages, the defendant is repeatedly trying to contact VICTIM A. VICTIM A typically does
not reply to the defendant and this appears to make him angry and jealous. The defendant
tells VICTIM A that he is going to “make her his girl one day”.
VICTIM A was preparing to go on vacation with her boyfriend. The defendant wanted to get
together with VICTIM A before she left. The defendant wrote in a text message on October 22,
2021, “I want to give you a hug and kiss before you go on your trip. Can we please have
dinner at work tomorrow too. And can I drive you home after work…”. Later that day, the
defendant is upset about VICTIM A not being able to meet him, and he writes “This is
obviously a game now and you had no intention of meeting me tonight”. The defendant tells
VICTIM A that he has a friend’s number and that he can just ask her what is going on. The
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defendant writes “ You know what? I didn’t want to do this. But this game you’re playing ain’t
right. I think Nathan (boyfriend) deserves to know you’ve been cheating on him with me. It’s
not fair to him that he is going on this two week trip with you and he has no idea”. VICTIM A
responds “What the fuck….”. The defendant writes “So are you going to tell him?” VICTIM A
tells the defendant they are not together.
On October 24, 2021, the defendant sends a message to VICTIM A that says “Why do I keep
believing shit you say and giving myself false hope that you are being legit with me? And
actually want to try something”. VICTIM A does not respond. Later, the defendant writes to
VICTIM A, “Honestly. You have till the end of the day to decide what you want with me and tell
me a more definitive answer. I just want to know. And whatever answer you have that’s what
it’ll be. And whatever happens after that will just have to see how it plays out I guess”. The
defendant claims that VICTIM A led him on. On October 27, 2021, the defendant writes “And if
I don’t hear from you, I guess your ‘ok’ answer was in agreement to what I said. And I guess
we’ll just have to go from there and see how things play out with everything and everyone
when you get back”.
On October 29, 2021, the defendant sends a message to VICTIM A and attaches a picture of
VICTIM A on vacation with her boyfriend that he got off of her Facebook page. The defendant
writes “Such a cute picture. You look so happy”. The defendant later writes “I’m not the one
that led someone on, and played a game. I told you from the beginning if it was going to be a
game to just let me know. And now you get to be happy in pictures with him, when you
supposedly don’t want to be with him I get to see it all and sit here like a dumbass that got
played. And I don’t see how you don’t get away with it? I’m to the point of just openly talking a
about it like yeah we hung out for 2 months. But not give details. Or you can tell him. As
tempted as I am to tell him I’m sure it would all get turned around on me”.
On November 15, 2021, the defendant sends this message to VICTIM A “On Friday when we
talked, I told you I would think about telling you the names of the people I spoke with about our
situation. I thought about it but before I answer I want to tell you this: I have every single
snapchat and text message we have exchanged for the last month and half or longer. Those
messages include conversations we had about (boyfriend) and the shitty way he treats you
which would open an (investigation) on him for domestic abuse… I also have my security
cameras showing that you voluntarily came over to my house since that night and we kissed
and messed around lightly.”
Later, the defendant sends this message “So yes, if you made a false complaint against me or
started trying to make me look bad to people with lies that you threatened me with, I would be
in the hot seat for a short time. But between the saved snapchats, text messages, security
camera video that’s indoor and outdoor and 30+ audio recorded conversations, I would
eventually get exonerated. But in the mean time we’d catch discipline (at work) and (friend)
would catch heat, (boyfriend) would have an (investigation) for domestic abuse and you would
be called out as a liar.
Detective Kopatich further reports that on February 16, 2022, he interviewed the defendant at
the Waukesha County Sheriff’s Department. Defendant admitted he had sexual intercourse
with VICTIM A on one occasion, October 10, 2021. The defendant confirmed that VICTIM A
came over after leaving work on October 10, 2021, and that they went to dinner and then went
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back to his house. The defendant stated that they started “making out” in the living room and
eventually went into his bedroom. The defendant stated that they kept making out and that
VICTIM A told him at one point that she was tired. The defendant admitted that VICTIM A
initially told him she really wasn’t up for sex. The defendant stated that they kept messing
around and that VICTIM A took her pants down to mid-thigh and he helped her take them off
the rest of the way. The defendant stated that they then had sex and that afterwards they
hung out for about 30 minutes and then VICTIM A left.
The defendant stated that he has told people about his relationship with VICTIM A, including
the sexual contact. He also said he was confronted by VICTIM A and that VICTIM A told him if
people came to her, she hopes she would say it was wanted. The defendant stated that he
took this statement as a threat. The defendant further admitted that he has told VICTIM A’s
boyfriend about sexual contact between himself and VICTIM A. The defendant further
admitted that VICTIM A was tired and upset the night they had sexual intercourse on October
10, 2021. The defendant stated that while they were laying on the bed, they continued to kiss
and VICTIM A said she was tired. The defendant stated he had his hand up her shirt and
VICTIM A again stated that she was tired and the defendant replied, “Come on, let’s have sex”.
The defendant said that VICTIM A seemed hesitant because she was tired, but that while they
were messing around, VICTIM A pulled her pants and underwear half way down and he
helped her take them off. After it was over, VICTIM A went into the bathroom and then got
dressed and eventually left.
Detective Kopatich further reports that on February 24, 2022, he interviewed VICTIM C.
VICTIM C reported a sexual assault involving the defendant going back to 2012, when she
was interning at the defendant’s workplace. VICTIM C reported that they got to be friends and
that one night the defendant texted her and asked her if she could watch his dog. The
defendant sent VICTIM C his address and she agreed to watch the dog and stayed at the
defendant’s residence until 3 a.m. when he got home from work. The defendant offered to let
VICTIM C spend the night due to the fact that it was late. VICTIM C agreed and slept on the
couch.
VICTIM C reported that a couple of months went by before the defendant made his “first move”
on her. She stated that they were at an event together and afterwards went back to the
defendant’s place because her dog was there. The defendant started to feel her arm and kiss
her neck and she pushed him away and told the defendant they were just friends. VICTIM C
reported that she grabbed her dog and left.
VICTIM C further reported that in August of 2012, the defendant asked her to find his dog who
had somehow gotten loose. VICTIM C found the dog and returned it to the defendant’s
residence. The defendant was already there. VICTIM C reported that when she went inside
with the dog, the defendant pushed her into his bedroom. VICTIM C told the defendant no, but
he continued anyway. VICTIM C reported that she froze and couldn’t do anything and that she
was in shock. VICTIM C stated that the defendant had sexual intercourse with her without her
consent. Afterwards, she asked to take a shower because she felt so disgusted. VICTIM C
stated that she took a shower and left.
VICTIM C stated that she accidentally left her wallet at the defendant’s residence when she left
after the assault. The next day, she was planning to get her wallet back and leave. VICTIM C
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knew that the defendant did not lock the front door so she texted him and asked him if he was
at work. The defendant said that he was so VICTIM C went to his residence, but found that
the defendant was home. VICTIM C stated that the defendant tried to assault her again and
that she kept saying no and she was pulling away from him, but he was grabbing at her.
VICTIM C reported that the defendant slammed her onto his bed and proceeded to get on top
of her. VICTIM C stated that the defendant had almost put his penis into her vagina but that is
when she “kicked him in the nuts” and ran.
VICTIM C stated that during the first attack, the defendant had pulled her pants off of her while
she was telling him no. She stated that during the attack, she told the defendant to stop
several times. She stated that she was thinking to herself “I better not get killed”.
During the course of the investigation, detectives learned through WITNESS A that VICTIM D
may have been assaulted by the defendant. Due to VICTIM D living outside of Wisconsin
detectives set up a meeting with VICTIM D through Zoom. VICTIM D stated that she used to
come up to Wisconsin in the summers to visit her sisters and on an occasion in June or July of
2012, she agreed to be the designated driver for her sister, VICTIM E and the defendant.
VICTIM D said that on that date they took a boat out on the lake and VICTIM E and the
defendant were drinking. Later, the three went to a bar right off the lake where they stayed for
a significant portion of the afternoon. VICTIM D stated that they left the bar sometime after
sunset and went to either an apartment or condo where the defendant resided. VICTIM D
indicated that in 2012 she would have been seventeen and was not able to legally drink
alcohol. VICTIM D stated that they went back to the defendant’s residence and that at the
residence she wanted to drink. VICTIM D stated that all three of them were either drinking
Miller or Coors lite. VICTIM D stated that they continued to drink throughout the night and that
VICTIM E passed out due to drinking heavily. VICTIM D stated that the defendant kept passing
out beers to both her and VICTIM E and kept saying that no one loves him and that he did not
have a girlfriend. VICTIM D recalls seeing VICTIM E face down on the couch in the living room
passed out drunk. VICTIM D stated that she went to the bathroom and when she returned the
defendant had turned on pornography and stated that this was “what he liked to watch.” At
some point the defendant pulled out his penis and she did not recall anything further until later.
VICTIM D stated that she woke up and realized that her pants and underwear were around her
ankles and that the defendant was having sex with her. VICTIM D stated that the defendant
told her “it’s ok, [VICTIM E] said I could.” VICTIM D stated that the defendant ejaculated on her
stomach and he did not wear a condom during the assault. VICTIM D recalled feeling like she
was “floating” when this was happening.
VICTIM D stated that she did not recall seeing the defendant after this and that she did not tell
anyone else about this incident until she told WITNESS A approximately one year ago. VICTIM
D did not recall if the defendant used any force but stated that she was heavily intoxicated at
the time of the incident and due to her age at the time she did not drink often.
Detectives spoke with VICTIM E about this incident who did recall that there was a time that
she, VICTIM D and the defendant did go out on a boat and had a day of drinking in the time
period of 2012. VICTIM E stated that VICTIM D was the designated driver but that she did
allow VICTIM D to have beer once they got back to the defendant’s apartment later that
evening. VICTIM E stated that she did pass out and indicated that during this time period she
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did have a significant alcohol problem and it would not be uncommon for her to drink until she
either passed out or blacked out. VICTIM E stated that she never would have consented or
even talked about allowing anyone to have sexual contact with VICTIM D and did not
remember anything occurring between the defendant and VICTIM D before VICTIM E passed
out at the defendant’s residence.
Detectives learned that during the summer of 2012 the defendant resided at an apartment
complex in the City of Delavan.
Detectives interviewed VICTIM E and learned that the defendant and VICTIM E met in 2011
when she was an intern. Between 2011 and 2021 VICTIM E admits she was a severe alcoholic
and would routinely black out when she drank. During this investigation while reviewing digital
evidence obtained from the defendant, Detective Hoppe found several videos containing
sexual encounters with the defendant and VICTIM E. Detectives then spoke with VICTIM E
who indicated that she believed the first sexual encounter between herself and the defendant
occurred between July and August of 2012. VICTIM E indicated this occurred at the
defendant’s residence in Delavan and she was highly intoxicated. VICTIM E stated that she
woke up in the defendant’s spare bedroom with her pants off but did not recall what had
occurred prior to that. VICTIM E indicated that she had heard from other people that the
defendant was telling others that he had sex with VICTIM E and she had no memory of a
sexual encounter. Then in December of 2016 the defendant messaged VICTIM E regarding
this incident. Detective Hoppe reviewed the following messages from VICTIM E’s phone.
Defendant: “I should’ve never told Lindsey that we did naughty things”

Defendant: “I always wanted to ask you though. And don’t get mad.”
VICTIM E: “Ask me what?”
Defendant: “What did you or do you think of that night? Just a big mistake or anything else?”
VICTIM E: “To be honest..I was drunk and don’t remember much”
Defendant: “Aww that makes me kinda sad”
VICTIM E: “why are you sad?”
Defendant: “That you don’t remember much. Cause I do. Lol”
VICTIM E: “Oh lol…”
Defendant: “Can I be completely honest? But you have to promise not to tell anyone (including
your roommate), or get mad.
VICTIM E: “Ok lol…I don’t get mad easy”
Defendant: “So I think about that night sometimes and I always thought you were pretty and
when I saw you without any clothes on, I thought you were hot” “So then I just think about it.
But I know it’ll never happen again. I’m just telling you.”
Defendant: “promise you won’t tell anyone. Not that I’m embarrassed to admit that. I just don’t
want to get in trouble at work.”
VICTIM E: “OMG whateves…but thanks for the compliment…and I would be dumb not to want
to hang out just because of something you said”
Defendant: “Whatevs on what? I really mean it. Seriously! If I could do it again, I would in a
heartbeat. But like I said, I know I’m probably not your type and you’re not interested”
Defendant: “Remember when we talked that one time in Darien. In the alley. I meant what I
had said”
VICTIM E: “Refresh my memory about our conversation…not sure which one you are referring
to…memory issues”
03/02/2022 11
Defendant: “That was a nice way of turning me down. Lol. So I guess there’s no chance for a
repeat. Lol
VICTIM E: “none hahah…I remember now lol”
Defendant: “The haha is to just be nice or is that to leave the possibility open?”
VICTIM E: “to be nice…”
Defendant: “Now I’m sad again.”
Defendant: “What about after a couple of drinks like last time?”
VICTIM E: “Naw…I don’t like penis..I’m not a very sexual person to begin with either”
Defendant: “Lol. Ok. Ok. I guess I was just a mistake that one time. Lol. But I’ll stop harassing
you.”
Defendant: “and don’t get me in trouble. My memories of you are already close enough to get
me in trouble at home”
VICTIM E indicated that the time the defendant was referencing in these messages was when
she woke up in the defendant’s spare room in 2012. VICTIM E indicated that she was
intoxicated that evening and did not consent to any sexual intercourse with the defendant. The
only detail VICTIM E recalls from this incident was when she was laying on his couch and the
defendant was crawling on top of her and smothering her.
VICTIM E also described an incident from July 28th or 29th of 2019, where she was at her
house in her bedroom and woke up with her pants off. VICTIM E recalled that she had been
with the defendant that evening. VICTIM E had no memory of what occurred during this
incident with the defendant. VICTIM E indicated that she was intoxicated on this occasion and
did not consent to having sexual intercourse with the defendant. VICTIM E further indicated
that she would never have sexual intercourse with a man as she is interested in women.
While reviewing the text messages between the defendant and VICTIM E Detectives located
the following messages:
7/28/2019
VICTIM E: “Swing by, have a beer”
Defendant: “I will. Gonna run home quick and I’ll stop over. Just left SO.
VICTIM F then provides the defendant with her address. This is consistent with the information
VICTIM F provided to Detectives.
On August 3, 2019 VICTIM E texts the defendant:

VICTIM E: “Just wondering if you used a condom last week…I know…weird question”
Defendant: “We did not.”
Defendant: “Are you off today?”
VICTIM E: “No I’m working…just making sure you’re not making babies”
Defendant: “No. I didn’t do the business where it shouldn’t have…ok.”
Defendant: “Ok. Are we ok? All good?”
During the review of the defendant’s electronics Detective Hoppe located two videos of the
defendant and VICTIM E engaging in sexual intercourse. The first recording is from November
17, 2019, and is 16 minutes and 34 seconds long. The video begins at 3:04 am and the
location data from the recording is consistent with the defendant’s residence. During the
recording the defendant has penis to vagina sexual intercourse with VICTIM E while VICTIM E
03/02/2022 12
is visibly intoxicated. VICTIM E indicates that she had no independent memory of this incident
and she was intoxicated and incapable of providing consent. VICTIM E further indicated she
did not consent to the defendant recording her nude or recording any sexual activity between
the two of them. Detective Hoppe learned that the video was last accessed by the defendant
on 2/2/22 at 7:39 am. Text messages between the defendant and VICTIM E from 11/16/2019
corroborate that the two parties met up. The defendant then texts VICTIM E at 3:25 am “You
home?” and at 9:50 am VICTIM E responds, “Sorry…didn’t hear my phone…yeah I made it
back.”
The content of the video is described as follows: The defendant sets up the camera, VICTIM E
comes into the room and has no pants on and immediately says “I don’t think this is a good
idea” during the recording VICTIM E says that this wasn’t what she was anticipating, and there
is no indication during the entirety of the recording that VICTIM E was aware or consented to
the defendant recording their sexual interactions. Approximately 5 minutes into the video
VICTIM E begins crying and the defendant asks her if she wants to stop. VICTIM E continues
to cry and when the defendant asks her if she wants him to stop she states she doesn’t even
know what is going on. The defendant then says, ok let’s stop and VICTIM E again repeats I
don’t know what’s going on. The defendant later says, so we can finish? And VICTIM E
responds finish fast, don’t look at me though. The defendant engages in penis to vagina
intercourse with VICTIM E and VICTIM E’s nude body is visible in the recording. The
defendant ejaculates on VICTIM E and then grabs the camera and stops the recording. During
the recording VICTIM E appears to be intoxicated and repeatedly says she doesn’t know what
is going on.
Detective Hoppe also located a video from January 20, 2020 of VICTIM E and the defendant
engaging in sexual intercourse. This video is 33 mins and 11 seconds long and the location
data shows the video was taken at the defendant’s residence. The defendant last accessed
this video on 2/2/22 at 7:39am. The video begins at 1:07 am and starts with VICTIM E touching
herself, the defendant is holding the camera and pans down to show VICTIM E is not wearing
any clothes but her pants are around her ankles and her shoes are on. The defendant tells
VICTIM E to keep “playing with herself” and VICTIM E tries to grab the phone/camera as she
notices the defendant is recording. The defendant pulls the camera away and VICTIM E then
says “do not [inaudible] that shit” and the defendant says he is not. VICTIM E again asks the
defendant what he is doing and the defendant says he isn’t videotaping and VICTIM E says
“yes you are” over and over again. During this portion of the video VICTIM E says over and
over again, “I can’t do it.” VICTIM E’s speech sounds very slurred and VICTIM E appears to be
very impaired. During the recording VICTIM E says that she doesn’t like men and the
defendant asks her “if she wants his dick” and the defendant suggests going to his bed.
At approximately 5:33 in the video the defendant takes the camera to a bedroom where he
sets up the camera to view the bed area, and then leaves the room. The defendant comes
back into the view of the camera and is carrying VICTIM E into the bedroom. VICTIM E
appears to be extremely intoxicated. The defendant lifts VICTIM E up onto the bed and
positions her. At this point VICTIM E is completely naked except for socks and her nude body
is in view of the camera. The defendant is naked from the waist down but wearing a shirt. The
defendant then looks directly at the camera as he engages in penis to vagina intercourse with
VICTIM E. During the recording the defendant tells VICTIM E to get on top and she rolls over,
her movements are slow and lethargic and VICTIM E then falls face first onto the defendant.
03/02/2022 13
VICTIM E crawls on top of the defendant and the defendant appears to be supporting VICTIM
E’s weight. VICTIM E leans forward and falls face first into the defendant. VICTIM E appears to
be barely conscious. The defendant continues to hold VICTIM E up by her neck and throat.
The defendant later asks VICTIM E if she peed and it appears on the video VICTIM E has
urinated on the bed. VICTIM E later tells the defendant to stop and the defendant does not
stop having intercourse with VICTIM E. Later the defendant says “you want me to fuck you in
the ass?” and VICTIM E responds “you already are” the defendant says “no, I’m in your pussy”
demonstrating VICTIM E is not fully aware of what is going on.
The defendant tells Victim E is phone is ringing, he then picks up the phone from its recording
position next to the bed and puts the focus of the camera onto VICTIM E’s vagina, and then
pans up to her face and chest. The defendant then puts the phone back down and repositions
the camera next to the bed and continues recording. On two separate occasions VICTIM E
says “I can’t do this shit. ”
Detectives also reviewed text messages from VICTIM E’s phone between VICTIM E and the
defendant on this date.
Based on the messages it appears that VICTIM E was drinking at “ol Wisco” and the defendant
met her there. The relevant messages are as follows:
Defendant: “I get done at 1015. You guys still going to be out. I want to drink”
VICTIM E: “Where?...everyone is done mow..8m”
Defendant: “Poop. I’d be down for whatever but shitting I still have an hour and a half left”
Defendant: “The reason I said I wanted to head back to my house after a drink at Ol’wisco is
cause I’d be able to get back to my dogs”
VICTIM E: “I’m at ol wisco…tend to your dog then come join me”
Defendant: “I’m omw”
VICTIM E indicated during an interview that she had no memory of having sexual intercourse
with the defendant. VICTIM E remembers meeting the defendant at Ol’Wisco and the
defendant was trying to get her to come to his house and she didn’t want to go there so she
told him to meet her at the bar. VICTIM E remembers waking up in the defendant’s spare
bedroom wondering how she got there. VICTIM E stated that she did not consent to the
defendant recording her and was very intoxicated and did not consent to intercourse with the
defendant.
VICTIM F and the defendant met in 2006 and engaged in a dating relationship and lived
together for approximately a year a half. During a review of the defendant’s electronic devices
detectives located videos of a sexual nature between the defendant and VICTIM F. Detectives
interviewed VICTIM F who indicated that after she and the defendant broke up there was a
time period between 2014 and 2020 where she and the defendant were engaging in a
consensual sexual relationship. Detectives asked VICTIM F if during this time she knew the
defendant was recording her in the nude or during sexual activity and she stated there were
less than 5 occasions than she consented to this. Detectives located at least 2 videos in which
VICTIM F was not consenting to the recording done by the defendant. VICTIM F said there
were times that she knew she was being recorded by the defendant but was too afraid to say
no to him.
03/02/2022 14
On 3/24/2016 at 1:31 pm the defendant recorded a video of VICTIM F and himself having
penis to vagina intercourse. During the video VICTIM F is covering her breasts and the
defendant says “just one please” and proceeds to remove VICTIM F’s hand from her right
breast. VICTIM F says “No” and the defendant says “why?” The defendant then focuses the
camera on his penis entering VICTIM F’s vagina. VICTIM F then says “oh my god really? Right
now?” as she points to the camera. During the video VICTIM F looks very uncomfortable and
angry.
On 7/16/2018 at 12:41 pm the defendant recorded a video with VICTIM F. Defendant is

recording VICTIM F laying on her back while the defendant focuses the camera on his penis
entering VICTIM F’s vagina and her vagina is exposed. During the recording it does not appear
VICTIM F knows she is being recorded.
Between 2016 and 2020 VICTIM F indicated there were a number of times where she was
working and observed the defendant parked across the street from where she worked. VICTIM
F indicated she felt like the defendant was keeping tabs on her location. VICTIM F further
stated she remembered a time when she was living in Elkhorn and she stopped at Kwik Trip
on her way home. VICTIM F stated that the defendant followed her into the Kwik Trip but said
he was getting coffee. VICTIM F indicated that she would leave work and would often run into
the defendant at this location. VICTIM F eventually stopped going to this location because she
felt like he knew her routines and routes. VICTIM F stated that this behavior would happen
pretty frequently. VICTIM F stated that these actions made her feel very intimidated and
scared. VICTIM F also indicated that the defendant would continually send her harassing
messages particularly if VICTIM F did not respond to his messages. VICTIM F also
remembered the defendant threatening to go to her son’s father and telling him that they were
still having sex. VICTIM F believed that the defendant was threatening her out of jealousy.
Detectives located Snapchat messages between the defendant and VICTIM F documenting
these threats and harassment of VICTIM F. At one point VICTIM F even believed that the
defendant had downloaded some software that would allow the defendant to track her location
on both her computer and phone. During a recorded conversation with VICTIM F on 5/5/2020
at 6:04 pm the defendant goes back and forth with VICTIM F about why her location isn’t
turned on in Snapchat because he wants to be able to see where she is. The defendant tells
VICTIM F to change her settings and then checks the Snapchat map to see VICTIM F’s
location. Also, during the conversation the defendant keeps pushing VICTIM F to hang out with
him again and to meet up with him and hang out with him for more than an hour. The
defendant screen recorded a number of the Snapchat conversations with VICTIM F. During the
Snapchat conversations the defendant repeatedly harasses VICTIM F about hanging out with
him, spending time with him or meeting up with him. If VICTIM F says she is busy or not able
to meet him the defendant he will harass her and send her more messages.
On 5/24/20 the defendant and VICTIM F are talking on Snapchat at 11:40pm defendant says “I
know we only had sex a couple of weeks ago but I was just getting a little paranoid because I
came in you a couple of times. There is no chance you can end up being pregnant? And if you
were, what would you tell your boyfriend?” VICTIM F responds “Stop messaging me right now”
Defendant replies “why? And why right now?”
On 6/10/20 at 9:30 am the defendant records a Snapchat conversation with VICTIM F
03/02/2022 15
Defendant: “Ok well if you hangout with your boyfriend and I find out, any chance of this is
done. You always complain that we never hangout on weekends and I’ve trying to do that. I’d
hate if your boyfriend end up finding out that you cheated on him before you break up with him”
VICTIM F talks about her dog being put down and how she doesn’t want to see anyone. The
defendant responds
Defendant: “I 1000% guarantee you will be with your boyfriend this weekend”
The conversation continues and VICTIM F says: “why are you threatening me?
Defendant: “I’m not threatening. I’m Just saying if he found out. You literally Snapchat me
while you are with him and have talked to me on the phone while you are with him. I’m just
saying if he happened to find out, because there is a chance that he could because you talk to
me when you are with him.”
Victim F appeared to be afraid of the defendant and was fearful that he was keeping tabs on
her during this time period.
Based on the foregoing, the complainant believes this complaint to be true and correct.
SLO/KG:jam
EXT=CODE 1
Subscribed and sworn to before me on Electronically Signed By:

03/02/22 Kristina J. Gordon
Electronically Signed By: Complainant
Peter M. Tempelis
Assistant District Attorney
State Bar #: 1054579
03/02/2022 16

State of Wisconsin Circuit Court Walworth County

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Case 2022CF000118 Document 2 Filed 03-02-2022 Page 1 of 16

Count 1: THIRD DEGREE SEXUAL ASSAULT

Count 2: THREATENING TO COMMUNICATE DEROGATORY INFORMATION

Count 3: SECOND DEGREE SEXUAL ASSAULT

STATE OF WISCONSIN - VS - Gerardo Baca

Count 4: THIRD DEGREE SEXUAL ASSAULT

Count 5: THIRD DEGREE SEXUAL ASSAULT

Count 6: SECOND DEGREE SEXUAL ASSAULT

Count 7: ATTEMPT THIRD DEGREE SEXUAL ASSAULT

Count 8: CHILD ENTICEMENT

STATE OF WISCONSIN - VS - Gerardo Baca

Count 9: SECOND DEGREE SEXUAL ASSAULT

Count 10: SECOND DEGREE SEXUAL ASSAULT

Count 11: SECOND DEGREE SEXUAL ASSAULT

Count 12: SECOND DEGREE SEXUAL ASSAULT

Count 13: SECOND DEGREE SEXUAL ASSAULT

STATE OF WISCONSIN - VS - Gerardo Baca

Count 14: CAPTURE AN INTIMATE REPRESENTATION WITHOUT CONSENT

Count 15: CAPTURE AN INTIMATE REPRESENTATION WITHOUT CONSENT

Count 16: STALKING

STATE OF WISCONSIN - VS - Gerardo Baca

Count 17: THREATENING TO COMMUNICATE DEROGATORY INFORMATION

Count 18: CAPTURE AN IMAGE OF NUDITY WITHOUT CONSENT

Count 19: CAPTURE AN INTIMATE REPRESENTATION WITHOUT CONSENT

STATE OF WISCONSIN - VS - Gerardo Baca

Detective Kopatich reports that on February 3, 2022, he interviewed VICTIM A. VICTIM A

STATE OF WISCONSIN - VS - Gerardo Baca

STATE OF WISCONSIN - VS - Gerardo Baca

STATE OF WISCONSIN - VS - Gerardo Baca

STATE OF WISCONSIN - VS - Gerardo Baca

STATE OF WISCONSIN - VS - Gerardo Baca

Defendant: “I should’ve never told Lindsey that we did naughty things”

STATE OF WISCONSIN - VS - Gerardo Baca

On August 3, 2019 VICTIM E texts the defendant:

STATE OF WISCONSIN - VS - Gerardo Baca

STATE OF WISCONSIN - VS - Gerardo Baca

STATE OF WISCONSIN - VS - Gerardo Baca

On 7/16/2018 at 12:41 pm the defendant recorded a video with VICTIM F. Defendant is

On 6/10/20 at 9:30 am the defendant records a Snapchat conversation with VICTIM F

STATE OF WISCONSIN - VS - Gerardo Baca

Subscribed and sworn to before me on Electronically Signed By:

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