Case 2023CF000211 Document 2 Filed 03-20-2023 Page 1 of 9

FILED
03-20-2023
STATE OF WISCONSIN CIRCUIT COURT WINNEBAGO COUNTY Clerk of Circuit Court
DA Case No.: 2023WN001339 Winnebago County, WI
STATE OF WISCONSIN Assigned DA/ADA: Tracy A. Paider 2023CF000211
Plaintiff, Agency Case No.: L-WI-03-11-2023- Honorable John A.
0000924 Jorgensen
vs. Court Case No.: Branch 5

JOSEPH MICHAEL OLVERA CRIMINAL COMPLAINT

537 SPRUCE ST
OMRO, WISCONSIN 54963
DOB: 03/01/2001
Sex/Race: M/W
Eye Color: Hazel
Hair Color: Brown
Height: 6 ft 2 in
Weight: 180 lbs
Alias:
Defendant. For Official Use

CRIMINAL CHARGE

Count 1: FIRST DEGREE INTENTIONAL HOMICIDE

The above-named defendant on or about Saturday, March 11, 2023, in the City of Omro, Winnebago
County, Wisconsin, did cause the death of V1, with intent to kill that person, contrary to sec.
940.01(1)(a), 939.50(3)(a) Wis. Stats., a Class A Felony, and upon conviction shall be sentenced to
imprisonment for life.

Count 2: FIRST DEGREE RECKLESSLY ENDANGERING SAFETY

The above-named defendant on or about Saturday, March 11, 2023, in the City of Omro, Winnebago
County, Wisconsin, did recklessly endanger the safety of V2, under circumstances which show utter
disregard for human life, contrary to sec. 941.30(1), 939.50(3)(f) Wis. Stats., a Class F Felony, and
upon conviction may be fined not more than Twenty Five Thousand Dollars ($25,000), or imprisoned
not more than twelve (12) years and six (6) months, or both.

AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

The undersigned, being first duly sworn on oath and in that capacity has knowledge of the

following:

Your affiant is informed from the reports of the Winnebago County Sheriff's Department kept in

the normal and ordinary course of business in which your affiant believes to be truthful and reliable and

have proven so on numerous occasions in the past that on March 11, 2023, Deputy C. Willis of the

Winnebago County Sheriff’s Office reports that he and other officers from the Winnebago County

Sheriff’s Office were dispatched to 537 Spruce Street in the City of Omro, Winnebago County,

Wisconsin after a male called 911 and stated that he strangled and killed his girlfriend. Deputy Willis

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STATE OF WISCONSIN - VS - JOSEPH MICHAEL OLVERA
reports that the male indicated that her name was V1 and he had multiple weapons and was going to

kill himself. Deputy Willis reports that while in route to the address the communications center advised

that they could hear what sounded like gun shots. Deputy Willis reports that he arrived at that location

and staged the squad car away from the residence to approach on foot. Deputy Willis reports that the

address of 537 Spruce Street was approximately 300 yards north of W. River Drive on the west side of

Spruce Street. Deputy Willis reports that the male was identified as JOSEPH M. OLVERA, D.O.B.

03/01/2001. Deputy Willis reports that he went to the back of the address and positioned himself on the

southwest corner of the residence. Deputy Willis reports that Olvera advised the communications

center that he was wearing a plate carrier and a Kevlar helmet and he wanted to come outside with his

gun. Deputy Willis reports that it was indicated that Olvera had a fully automatic AR and a Glock.

Deputy Willis reports that he was informed that other officers on scene reported that they were

able to see Olvera in the apartment and it appeared he had a gun. Deputy Willis reports that officers

stated that they could see that the gun had a laser on it and Olvera was pointing the laser at officers.

Deputy Willis reports that Olvera was in an elevated position which is a tactical advantage for him and

he was concerned that Olvera was going to shoot at himself or other officers on scene. Deputy Willis

reports that Lieutenant Last with the Winnebago County Sheriff’s Office arrived on scene with the

Lenco Bearcat armored vehicle and positioned it in the apartment parking lot on the southwest corner

overlooking the building. Deputy Willis reports that the Bearcat was approximately 35-45 yards away

from the building.

Deputy V2 reports that he was also on scene and was positioned on the south side of the

apartment building. Deputy V2 reports that Olvera’s apartment was on the upper level of the building

on the south side. Deputy V2 reports that there were two windows on the west side of the building and

two windows on the south side of the building. Deputy V2 reports that he maintained cover behind

vehicles and he could see Olvera moving between the two windows on the south side. Deputy V2

reports that when the Bearcat arrived he repositioned himself behind the vehicle. Deputy V2 reports

that at that point, he heard approximately 5-6 loud bangs. Deputy V2 reports that he heard other

officers advise that Olvera had shot out the window located on the west side by the door to the

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STATE OF WISCONSIN - VS - JOSEPH MICHAEL OLVERA
apartment. Deputy V2 reports that dispatch stated that Olvera communicated that he wasn’t trying to

hit officers but he fired the shots because he wanted the officers to stay back.

Lieutenant C. Last reports that while he was in the driver’s seat of the Bearcat he saw Olvera in

the southwest window facing the west. Lieutenant Last reports that the window was partially open and

there was a screen covering it. Lieutenant Last reports that Olvera discharged several gunshots from

inside the apartment in the general direction of the Bearcat. Lieutenant Last reports that no one was

stuck by the gunfire but he did fear for the safety of the officers and deputies on scene.

Deputy J. Simmons reports that he was also on scene on the southwest side of the residence.

Deputy Simmons reports that he was informed that Olvera had stated to dispatch several times that he

could not exit the residence unarmed and with his hands up as it was a sign of surrender. Deputy

Simmons reports that Olvera then took several shots outside of the southwest window of the residence.

Deputy Simmons reports that he was aware that Olvera was on the phone with a Staff Sergeant from

the Marines and the Sergeant was attempting to have Olvera put down his guns, empty his pockets and

come outside unarmed. Deputy Simmons reports that at approximately 3:57 am Olvera exited the

apartment through the door on the west side of the residence with a handgun in his right hand held up

to his head. Deputy Simmons reports that he could also see that Olvera was wearing what appeared to

be an armored plate carrier over his torso. Deputy Simmons reports that Olvera would switch from

holding the gun to the side of his head to his mouth. Deputy Simmons reports that after several

moments of verbal negotiations Olvera dropped the handgun and took off his plate carrier. Deputy

Simmons reports that Olvera went into a prone positions and he was taken into custody. Deputy K.

Schoonover reports that while Olvera had been outside before he was taken into custody he heard

Olvera made comments about how he had killed his girlfriend and attempted CPR on her.

Deputy Simmons reports that he then joined a team of SWAT officers to move into the

residence to clear it and to check the status of the female. Deputy Simmons reports that V1 was

located in the southwest bedroom of the residence laying on the floor near the foot of the bed. Deputy

Simmons reports that the female had blood pooling on her face that appeared to be coming from her

nose. Deputy Simmons reports that he then checked for a pulse but was not able to locate one.

Deputy D. Pankratz reports that he was also part of the entry team and Olvera had asked officers to go

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STATE OF WISCONSIN - VS - JOSEPH MICHAEL OLVERA
inside the residence to help V1. Deputy Pankratz reports that before he entered the apartment he saw

two cellphones on the deck of the building, next to the main doorway. Deputy Pankratz reports that V1

was located in the southwest corner bedroom. Deputy Pankratz reports that the door had been closed

and it had to be opened by officers. Deputy Schoonover reports that he was also involved with the

entry team and when he went into the apartment he saw that the kitchen table was overturned and

items were broken throughout the residence. Deputy Schoonover reports that he saw an AR style rifle

sitting on the couch, there was a magazine in the rifle and at least two additional magazines on the floor

in the living room. Deputy Schoonover reports that there was also additional loose ammunition laying

on the floor. Deputy Willis reports that after Olvera was taken into custody he made contact with the

neighbor directly underneath Olvera’s apartment and he stated that he heard fighting in the unit above

him all night. Detective J. Theyerl reports that he was also on scene along with Deputy Coroner N.

Keator. Detective Theyerl reports that V1 was pronounced deceased. Deputy V2 reports that he then

was assigned to assist in transporting V1 to the Fond du Lac County Medical Examiner’s office.

Fond du Lac County Medical Examiner Adam Covach performed an autopsy on V1 on March

14, 2023. Dr. Covach reported in provisional autopsy findings that V1’s injuries were consistent with

smothering as there was a hemorrhage of the upper frenulum, V1’s lungs had bloody, foamy, exudate

and there was a foam cone. Dr. Covach reported that there were also abrasions and contusions

throughout V1’s face and an occipital scalp hemorrhage with subgateal component that was associated

with a four inch thin, non-space occupying subdural hemorrhage.

Detective Lieutenant M. Sewall reports that V1’s phone was extracted as part of the

investigation. Lieutenant Sewall reports that he immediately noticed that almost the entirety of the chat

conversation between V1 and Olvera was deleted on March 4, 2023. However, Lieutenant Sewall

reports that he was able to locate a chat between V1 and Olvera from June 13, 2022 that he felt was

relevant to the investigation. Lieutenant Sewall reports that the conversation went as follows:

V1: ummm I heard you were going to bomb my house and kill me
Olvera: No
V1: yea I’m sure
Olvera: I told you I was full of rage
V1: I’m scared you’re gonna kill me
V1: well what you said to Juliana about me last night doesn’t make it seem like it’s gonna
go anywhere

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STATE OF WISCONSIN - VS - JOSEPH MICHAEL OLVERA
Olvera: Wdym
V1: saying that you hate me so much and swearing to the cat and neighbors and saying
you were going to bomb my house
Olvera: I told you I was very angry and just mad at everything
V1: you would’ve never said that stuff if you weren’t drinking
Olvera: I know

Lieutenant Sewall reports that he also located a digital note that was created on March 11, 2023 at 1:01

am. Lieutenant Sewall reports that this was located on V1’s phone and it went as follows: “i’m sorry

[V1]. i didn’t mean to kill you. Know i’m going to hell but i love you. Looking at your motionless body i

start to cry. i’m goin to Canada to run away hopefully we meet again i love you [V1].” Lieutenant Sewall

reports that he also located videos that were created close to the date of the incident on V1’s phone

and on the date of the incident. Lieutenant Sewall reports that the videos can be described as follows:

IMG_0294.MOV – The video is 1 minute and 9 seconds in length. The screen is

covered by a pink hue and audio can be heard in the recording. FEMALE: “Did you
cheat on me?” MALE: “You fuckin wish” FEMALE: "So why are you with me"
MALE: "Cause you fuckin cheated on me" FEMALE: "So why do you have Bumble"
MALE: "Cause you fuckin cheated on me, that's fuckin why" FEMALE: "Who's Mika?"
MALE: "Because you fuckin cheated on me" FEMALE: "Who's Mika?" MALE: "That's
fuckin why" FEMALE: "Who is Mika?" MALE: "You fuckin wish [inaudible mumbling]"
FEMALE: "Who is Mika?" This video was captured on 03/10/2023 at 10:25 pm.

IMG_0300.MP4 - This video is 27 seconds long and appears to be a self-taken video of

Olvera. Olvera is not wearing a shirt in the video and makes the following statement "I'm
sorry [V1], I'm so sorry [V1’s mom], I'm so sorry [V1’s dad]. What is wrong with me? The
fucking Marine Corpes man it's fucked me up. She's dead, she's fucking dead". This
video was captured on 03/11/2023 at 1:16 am.

Detective K. Schroeder reports that he had contact with V1’s cousin B.K.C., D.O.B. 03/29/2005

during the course of the investigation as V1 and BKC were close. BKC stated that her and V1 would

regularly hang out together and they were close. BKC stated that she has known Olvera for about four

years. BKC stated that V1 and Olvera’s relationship was toxic. BKC stated that throughout their

relationship they would regularly argue with each other several times a month. BKC stated that during

these arguments V1 and Olvera would remove each other from their social media accounts and they

would stop communicating. BKC stated that about two weekends ago she spent the afternoon with V1

and V1 was arguing with Olvera again. BKC stated that during this argument, Olvera spent the

weekend with a friend while V1 stayed in the apartment in Omro.

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BKC stated that she knew V1 and Olvera had discussed getting engaged but didn’t believe they

had. BKC stated that she knew V1 wore a rose gold ring on her left hand that contained a tear drop

shaped center stone with additional stones surrounding it. BKC stated that she thought this was a

promise ring and V1 had it for about a year to a year and a half before she died. Detective Schroeder

reports that when V1 was found by law enforcement she was not wearing the ring described by BKC

and was wearing a silver toned clear stoned ring on her left ring finger. Detective Schroeder reports

that he was aware from the investigation that Olvera had asked V1’s parents for permission to ask her

to marry him, but based on statements from family and friends, it was believed that they were not

engaged when V1 died. Detective Schroeder reports that law enforcement had observed a ring box on

the bed in the master bedroom where V1 was found deceased.

Detective R. Hathaway reports that during the course of the investigation he spoke with V1’s

good friend KAI, D.O.B. 02/01/1989. KAI stated that V1 would open up to her about relationship issues

she had with Olvera and said it wasn’t always the best relationship. KAI stated that V1 had described

to her that Olvera would play mental games with her that would cause her to worry about him. KAI

stated that once Olvera had gotten mad at V1 because she had to work on Valentine’s Day. KAI stated

that Olvera was upset because V1 didn’t put him first. KAI stated that V1 and Olvera’s relationship was

tumultuous. KAI stated that within the past month V1 seemed sad and stressed and she was acting

different. KAI stated that V1 would act like this in the past when V1 and Olvera broke up and they

would break up and get back together.

Detective Theyerl reports that during the course of the investigation he made contact with a

male identified as Caden Weber who had been with Olvera the night that V1 was killed. Weber stated

that he met Olvera recently after joining the Omro/Rushford volunteer fire department. Weber stated

that on March 10, 2023, he had been invited over to Olvera’s apartment by Olvera through phone calls

and Snapchats. Olvera stated that when he arrived he could tell that Olvera had been drinking

because his eyes were heavy and he had slurred speech. Weber stated that a short time after he

arrived they went to the Mobil gas station in Omro for some alcohol. Weber stated that at the

apartment they were drinking and talking about the Marine Corps and the Navy. Detective Theyerl

reports that he asked Weber if he knew Olvera to have any PTSD type issues and Weber stated that he

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STATE OF WISCONSIN - VS - JOSEPH MICHAEL OLVERA
was not aware of Olvera having issues like that and as far as he knew, Olvera had never been

deployed anywhere and had only been enlisted for a short period of time. Weber stated that at some

point V1 came home and she seemed a bit irritated because four other people had come over besides

himself. Weber stated that Olvera told V1 that the four people were only there a little while. Weber

stated that V1 then went right into the bedroom. Weber stated that later on, after the four people left,

V1 came out of the bedroom and asked Olvera when he planned on starting to cook the fish. Weber

stated that V1 was also trying to get Olvera to turn the music down as it was very loud and she was

trying to be respectful of the other tenants. Weber stated that Olvera was being defiant and drunk and

said that it was fine and then he would turn the music back up. Weber stated that V1 was then the one

who later ended up cooking for them. Weber stated that V1 sat at the table with them for a short time

and then went back to the bedroom. Weber stated that V1 and Olvera continued to go back and forth

for a while turning the music up and down.

Weber stated that Olvera had mentioned to him that he and V1 broke up about a week before

but they were getting back together. Weber stated that he didn’t think that Olvera and V1 were

engaged. Weber stated that he left Olvera’s at 10:07 pm. Weber stated that when he left the

apartment was not trashed. Weber stated that when he left Olvera was definitely intoxicated but not to

a point where he didn’t know what he was going or he was falling down drunk. Weber stated that as far

as he could tell Olvera was aware of his surroundings and knew what he was doing. Detective Theyerl

reports that during the course of the investigation he spoke with V1’s mother who stated that Olvera

was supposed to have stopped drinking as he was aggressive when he drinks.

Detective R. Timm reports that he made contact with Olvera who agreed to give a statement

after being advised of his rights. Olvera stated that he and V1 had been dating for around three years

and had recently gotten engaged. Olvera stated that on March 10, 2023, he got up around noon, took

a shower and then started drinking. Olvera stated that his friend Caden Weber got to his house around

5:00 or 6:00 pm and stated that he (Olvera) was drinking “a lot.” Olvera stated that he and Weber went

to the Mobil Gas Station to get more alcohol and he bought a bottle of Captain Morgan, Twisted Tea

and Seagram wine coolers for V1. Olvera stated that he and Weber then went back to Olvera’s house.

Olvera stated that then his friend Noah Hostak came over with three other guys. Olvera stated that he

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STATE OF WISCONSIN - VS - JOSEPH MICHAEL OLVERA
didn’t remember what time they left but they weren’t there long. Olvera stated that he was drunk and

couldn’t remember what time V1 got home but he thought it was after Noah and the three guys left.

Detective Timm reports that he noticed a fresh scratch on Olvera’s neck and asked him how he

got it. Olvera stated “I don’t know I was drunk.” Detective Timm reports that Olvera put his finger on

the scratch and said it hurt when he touched it. Detective Timm reports that he asked Olvera if he had

any other scratches and Olvera stood up, unbuttoned his shirt and then Detective Timm observed

numerous scratches on Olvera’s chest and back by his shoulders. Detective Timm reports that Olvera

then said “I don’t know if this is from sex with V1.”

Olvera stated that he woke up later in the night and reached over for V1. Olvera stated that this

caused him to get up. Olvera stated that V1 was lying on her back, on the floor at the foot of the bed

with her head towards the bedroom door. Olvera stated that her lips were blue and she was dead.

Olvera stated that he tried CPR on V1 for about 10 minutes but it wasn’t working. Olvera stated that he

didn’t know how V1 died because he was drunk. Olvera stated that V1 had dried blood on the top or

back of her head and a cut under her chin. Olvera stated that he noticed “blood spatter” on the wall

behind the television and some blood on the top of the TV stand. Olvera stated that he didn’t know if

he caused her injuries because he was drunk.

Olvera stated that it was only him and V1 in the residence that night and the doors were locked.

Olvera stated that he didn’t know if he and V1 argued because he was drunk. Detective Timm reports

that he asked Olvera if he killed V1 and Olvera responded “I don’t remember, I was drunk.” Detective

Timm reports that Olvera did again confirm that it was only he and V1 in the house that night and the

house was locked. Detective Timm reports that Olvera acknowledged that it “doesn’t look good” for

him. Detective Timm reports that Olvera asked if he was going to prison and he (Timm) responded that

he didn’t know. Detective Timm reports that Detective B. Hammen was also present and told Olvera

that an autopsy would be performed on V1 to determine a cause of death and Olvera responded “like

strangulation.”

All of the above incidents occurred in Winnebago County, Wisconsin.

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STATE OF WISCONSIN - VS - JOSEPH MICHAEL OLVERA
WHEREFORE, as said affiant verily believes and prays that the said JOSEPH MICHAEL OLVERA
might be arrested and dealt with according to law.

Subscribed and sworn to before me on 03/20/23 Electronically Signed By:

Electronically Signed By: Jim Goggins
Adam J. Levin Complainant
Assistant District Attorney
State Bar #: 1045816

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