Heyer Charged With First Degree Murder

At a press conference on Tuesday, Aug. 28, Marinette County District Attorney Allen Brey announced that Richard Brian Heyer, 55, W11546 High Falls Road, Crivitz, has been charged with First Degree Intentional Homicide, Use of a Dangerous Weapon and Possession of a Firearm by a Felon.

Heyer shot and killed his former girl friend Ann Marie Schueller,51, of 821 Polk Ave., Wausaukee, on Sunday, Aug. 26, at the Citgo Convenience Store in Wausaukee, where she was employed.

According to the criminal complaint and warrant, Heyer entered the store just before 2:45 p.m. on Sunday armed with a Winchester Model 94 30.03 rifle. Witnesses said he pushed aside a customer and confronted Schueller, who was working the cash register. Heyer then lifted the rifle over the counter and pointed it at Schueller.

The witness stated that Schueller ducked and yelled, “No Rick, don’t do it!” At this point, the witness said that Heyer fired the rifle once while it was pointed at Schueller.

According to Marinette County Coroner George Smith, the autopsy revealed that Schueller was shot in the upper left part of her back, apparently while trying to fend off the attack. The bullet struck her heart before exiting the body. It was opinion of the doctor from Green Bay who performed the autopsy that Schueller died as a result of the gunshot wound.

Another witness at the scene stated that Schueller also told Heyer to put the gun away before he fired the single shot. Both witnesses reported that Heyer pointed the weapon at them before he used the rifle to shoot himself in the chest. The first witness reported that he ran out the door and across the street to another store to call 911. The other witness stated that the wounded Heyer then crawled outside the store.

With the Marinette County Fair still going on in the village, numerous police officers and rescue personnel arrived on the scene within minutes. Heyer was transported by Wausaukee Rescue Squad for treatment of his wound, first to Bay Area Medical Center in Marinette, and then to St. Vincent Hospital in Green Bay. According to Marinette County Sheriff Jerry Sauve, Heyer has undergone successful surgery for his wound and is in critical, but stable condition. Sauve said he expects Heyer to return to Marinette County custody in the very near future. Heyer is under police guard in the hospital.

During the processing of the scene, a Sheriff’s Deputy reported the rifle had been recovered. A vehicle parked outside the door was checked and the Department of Transportation records showed that the vehicle belonged to Heyer. Looking into the window of the vehicle, the deputy observed a box of rifle shells suitable for use in the rifle that had been observed inside the store.

The second charge against Heyer, Possession of a Firearm by a Felon, is based upon a 1993 case in which he was convicted of felony manufacture of a controlled substance, marijuana.

First Degree Intentional Homicide, Use of Dangerous Weapon is a Class A Felony, and upon conviction carries the sentence of imprisonment for life. Possession of Firearm by a Felon is a Class G Felony, and upon conviction carries a fine of not more than $25,000, or imprisonment for not more than 10 years, or both.

The criminal complaint adds that according to the records and files of the Marinette County Sheriff’s Department, Ann Schueller and Richard Heyer had lived together for a time and that Schueller had recently obtained her own apartment and moved from Heyer’s home.

Both Sauve and Brey related timeline items leading up to Sunday’s shooting.

On June 3, Schueller contacted the Sheriff’s department on a domestic issue and requested that an officer stand by as she tried to remove her property from the Heyer residence. The issue could not be resolved and Schueller and the officer left.

On June 8, Schueller filed for a Temporary Restraining Order/Harassment Injunction against Heyer. Part of her letter to the judge read, “Rick was very verbally abusive and I feared for my safety. Called a friend to get me. He was destroying plants in yard, letting horses go and chasing me�. I am afraid of what he is going to do to me and my things.”

Heyer was served the papers on June 12.

Court records show that on June 18 Schueller’s Harassment Injunction was denied by Court Commissioner Francis M. Boyle, ruling that there wasn’t enough evidence for a threat against her.

On June 19, Schueller again called the Sheriff’s Department for stand by again as she and Heyer met at a storage unit to retrieve some of her property. No incident was noted and she did retrieve some property.

On June 29, Schueller filed a Small Claims Suit to retrieve the rest of her property and some money. Heyer was served those papers on July 13.

In early July, Schueller contacted the Sheriff’s Department complaining of unwanted, non-threatening text messages and phone calls from Heyer. Heyer was warned by the Department to cease.

On July 24, the parties met in court in regard to the Small Claims suit, but no resolution was attained. A pre-trial conference was set for Friday, Sept. 7.

On Aug. 11, Schueller again called the Sheriff’s Department for a stand by as she retrieved more of her property.

On Aug. 24, the court was notified that Schueller and Heyer had reached a settlement to the Small Claims suit.

Then two days later on Aug. 26, Heyer allegedly entered the Citgo Station in Wausaukee whereupon he shot and killed Schueller, who was at work there.

At the beginning of the press conference, both Sauve and Brey prefaced their remarks by expressing their condolences to the Schueller family.

A visitation and memorial service for Schueller will be held Tuesday, Sept. 4 at Messar Funeral Home in Wausaukee.

Assisting at the scene of the shooting on Sunday were Marinette County District Attorney Allen Brey, Marinette County Coroner George Smith, DNR wardens, BAMC paramedics and Wausaukee Rescue Squad.

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