Former Waupun Prison Official Pleads No Contest to Misdemeanors 

The Waupun Correctional Institution, the oldest prison in Wisconsin built in the 1850s, sits in the middle of a residential neighborhood (Photo/Wisconsin Examiner)

Former Waupun Correctional Institution officer Jamall Russell pled no contest to misdemeanor charges on Wednesday in a Dodge County Circuit Court case. The criminal complaint in the case charged Russell and others in the death of Donald Maier, the Examiner reported in June 2024.

Maier, 62, was incarcerated at the Waupun prison and was reportedly found dead in February 2024. Authorities said Maier’s death was due to dehydration and malnutrition.

Russell, 41, was originally charged with misconduct in public office and with neglecting a person confined in a correctional institution, which are both Class I felonies that carry a penalty of imprisonment of up to three and a half years, a fine of up to $10,000 or both.

The criminal complaint charged Russell with neglect through a failure to act that caused unreasonable suffering, misery or physical harm. It also accused him of misconduct by reporting false information.

The complaint stated that Maier had severe mental health issues and medical problems, and that multiple staff had noted he could not effectively communicate his needs. Maier’s inability to speak coherently to communicate his medical needs was likely a factor in why he didn’t receive needed medical and psychological intervention, the complaint said.

According to camera footage, on four consecutive days, Russell “does not feed a meal (breakfast or lunch)” to Maier, according to the complaint, causing eight out of 12 meals to not be fed to Maier. During six of eight deliveries, he didn’t ask Maier if he would like to eat.

Maier refused or wasn’t provided medication for his known medical and psychological conditions during his approximately nine days in the restricted housing unit, with the exception of one possible distribution where it’s unclear if he ingested the medication given to him, the complaint said.

Russell said that an incarcerated person’s refusal of medication is when they don’t respond or say no when a medication pass is conducted, the complaint stated. In the case of Maier, Russell said that “he would either yell obscenities or ignore him completely, so he did not distribute medications to him.”

Russell also said he wouldn’t give medications to an incarcerated person if he couldn’t verify the person was taking them, because of the possibility that the person would hoard the medications and abuse them later.

Russell said he had written incident reports involving self-harm or suicidal actions. He said that writing an incident report about an inmate losing weight and getting thinner or flooding his cell, which Maier reportedly did, was not in line with his training. Russell claimed that he told a nurse he was worried about Maier because he was not eating, not responding, his movements were getting slower and his skin appeared to be paler, the complaint stated. Dodge County Sheriff Dale Schmidt said the water in Maier’s cell “appears to have been shut off for a significant amount of time”; based on the criminal complaint, this appeared to be in response to Maier flooding his cell.

Russell said he told a sergeant about unusual observations of Maier’s activities and reported his meal refusal to a sergeant and hospital unit staff.

Schmidt said that the required number of cell checks was not conducted and supervisors knew cell checks were commonly skipped.

Camera footage showed that 14 times over two days, Russell did not complete rounds in the restrictive housing unit that he reported he had completed, the complaint stated.

A nurse was present during Maier’s intake into restricted housing and didn’t proceed with an evaluation because he was verbally abusive, according to the criminal complaint. Maier was placed in a cell and never again removed or seen in person, other than through a window, to determine if he needed medical attention.

Correctional officer and sergeant vacancies at the Waupun prison have decreased after a peak of about 56% in February 2024, around the time of Donald Maier’s death. The latest rate reported online by the DOC is about 25%.

The Examiner reported in June 2024 on criminal charges against nine Waupun staff members, including Russell, with abuse of prisoners and misconduct, after the deaths of Maier and Cameron Williams, 24, who were both incarcerated at the prison. The Milwaukee Journal Sentinel reported that Russell is no longer a correctional officer.

Russell pleaded no contest to three counts of violating the law governing a state or county institution. This misdemeanor carries up to a $500 fine, up to 30 days of imprisonment or both.

However, the plea agreement, signed by Russell and Dodge County District Attorney Andrea Will on Wednesday, would impose different requirements: probation, community service hours, honest testimony and the inability to work as a correctional officer.

Former Waupun warden Randall Hepp was convicted last year and fined $500 and court costs, the Examiner reported. He also pleaded no contest. Maier’s mother filed a lawsuit against Hepp, Wisconsin Department of Corrections Secretary Jared Hoy and others, seeking compensatory and punitive damages.

According to an article in the Appleton Post-Crescent last year on the conviction of a different Waupun staff member, Dodge County Assistant District Attorney Shawn Woller read a letter from Maier’s mother during the prosecution’s sentencing argument. He said she requested for the letter to be read at each of the sentencings for those convicted of crimes relating to her son’s death.

“I feel that each and every person who ignored my son and therefore had a hand in his death should spend some time in jail so that they learn firsthand what it is like to be dependent on other guards for food and water and medical care and protection,” her letter states, according to the Post-Crescent. “Nothing can bring my son back, but I’d like to think that we as a society would at least learn something from this tragedy, so this never happens to anyone else’s son.”

Plea agreement does not include jail time

The plea agreement states that in exchange for truthful testimony in any trial surrounding the death of Donald Maier, the state will recommend a withheld sentence on each count for two years of probation.

This comes with the condition that Russell can’t be employed as a correctional officer, as well as 100 hours of community service and following “all other conditions deemed appropriate by the agent.” Russell would also be responsible for all applicable court costs and fees.

If the state believes that Russell does not provide truthful testimony or refuses to testify, the state will be free to argue at sentencing for whatever sentence it prefers, the agreement states.

The plea offer depends upon truthful testimony against any co-actors who go to trial.

Next in Russell’s case is a May 11 scheduling conference, to pick a date for his sentencing.

Where do the other prosecutions stand?

In June 2024, charges were brought against Hepp and eight members of his staff: Russell, Lt. Brandon Fisher, Sgt. Alexander Hollfelder, nurse Jessica Hosfelt, correctional officer Sarah Ransbottom, Sgt. Jeramie Chalker, nurse Gwendolyn Vick and Sgt. Tanner Leopold.

Ransbotton, Hepp, Fisher and Russell each pleaded no contest to one or more charges of violating the law governing a state or county institution after each originally was charged with one or more felonies.

In the time leading up to Maier’s death, Ransbottom reported in the log that she completed rounds that surveillance footage showed she did not complete, according to a criminal complaint.

Fisher pled no contest to two counts of violating the law governing a state or county institution, the Milwaukee Journal Sentinel reported. He has a sentencing hearing scheduled for May 29. The complaint said Fisher did not act on information he received to further investigate Maier’s condition or well-being.

In an incident report, Fisher wrote that the night before Williams’ death was reported, Leopold said he could see Williams breathing and slight movement of his head, but could not get a verbal response from him, the complaint said.

Leopold reported that he told Fisher about the situation and was told that he had to contact the health services unit, so that they could determine whether it was necessary to assemble a team to remove Williams from his cell.

According to the complaint, Fisher told detectives that “because (Williams) had a history of faking things, (Fisher) advised that a nurse should be contacted to visually look at him and see if there was a medical reason to pull him out of the cell, but if they don’t have a reason, he didn’t want to play games with (Williams) because he was attention seeking.”

Nurse Megan Leberak came to Williams’ cell front and noted that he was breathing but would not respond. Leberak indicated that usually, when a cell entry is done, she would be called to come over after staff entered the cell, if there was a medical issue, the complaint said.

Leberak said she gave the go ahead for a cell entry to be conducted, but video footage showed Leopold, Fisher and nurse Gwendolyn Vick didn’t check on Williams, the complaint said. Leberak was at the end of her shift, and reportedly gave an update to Vick, who was later criminally charged.

Leopold said he received a call from Vick, telling him that entry wasn’t necessary at that time and that they would wait, according to the complaint.

The case against Chalker was dismissed on a motion from the prosecution. Camera footage did not show Chalker completing 2:30 p.m. and 3 p.m. rounds on one day, contrary to what Chalker had logged, according to the criminal complaint. The Journal Sentinel reported that prosecutors said the investigation determined Chalker’s superior officer had instructed Chalker to fill out the rounds sheets.

The case against Hollfelder was also dismissed on a motion from the prosecution. The Journal Sentinel reported that they determined Hollfelder properly communicated concerns to his supervisor and a member of the health services unit, and had limited contact with Maier because of time he spent off work on family and medical leave.

Cases against Leopold, Vick and Hosfelt are still active. Each is charged with neglecting someone confined in a correctional institution, which is a felony. Vick has a trial scheduled for May, while Hosfelt has a scheduling conference on March 27 and Leopold has a scheduling conference on March 23.

Former Waupun correctional officer pleads no contest to misdemeanor counts was originally published by Wisconsin Examiner.