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Complaint Filed In Standoff Incident

17-Dec-2013

The criminal complaint filed with charges against the 40-year-old Fond du Lac man who got in a standoff with police last week reveals he was “going to war” and was ready to die. Shannon Rogler allegedly admitted during negotiations with police that he had set the fire at 65 North Hickory Street to the home he owned that the bank had foreclosed on. Rogler told police he fired a number of shots during the standoff in the air and into the ground and at one point could have shot a police officer, but didn’t because he might be somebody’s father. He also told them that among the weapons and the 15,000 rounds of ammunition he had was a gun and bullets that could turn police armored vehicles into Swiss cheese. According to the complaint Rogler called a cousin the night before or early the morning of the standoff and gave that cousin his possessions including his motorcycles and $30,000 to $40,000 in inheritance monies. One of Rogler’s brothers told investigators he had been talking for years about taking on police. Shannon Rogler is scheduled to make his initial court appearance in Fond du Lac County Court at 11 a.m. this morning.

Probable Cause section from Criminal Complaint:

Your complainant states he has reviewed the official police reports prepared by Officer Endries of said department which indicate that on December 9, 2013, at 9:04 a.m. he was dispatched to assist the City of Fond du Lac Fire Department for a fire at 65 North Hickory Street and upon arrival observed the residence was totally engulfed in flames.  While on scene shortly thereafter Endries was notified by dispatch that he had gotten word from a person identified as Charlie Rogler that his brother may have been responsible for setting the fire at the residence which was believed to be vacant and in foreclosure and previously owned by the Roglers.  Charlie reported to dispatch that his brother was “going to war” and was dressed in camo, possibly carrying a weapon.

Complainant next states he has reviewed Detective Wilson’s reports which indicate he became involved in the investigation specifically SWAT negotiations at about 9:45 a.m. the same morning.  While he was listening to lead City Detective Steve Kaufman negotiate with the suspect Shannon Rogler via telephone, he could overhear Rogler admit to Detective Kaufman on several different occasions that he had set his house on North Hickory Street on fire intentionally.  Wilson also overheard the defendant make statements several times along the lines of “I died today.  Clear the trailer park.  Do your job.  You fight me and I die today.  Today is my day to die.  I’ll just end up killing myself.” 

Wilson confirms that Rogler also admitted during the calls to having several high caliber weapons with him in his possession, specifically a 50 caliber weapon with 700 black tip ammunition bullets that he could use to turn police armored vehicles into Swiss cheese along with two AK-47’s, a loaded 308 and other guns in the living room and more than 15,000 rounds of ammunition.  He further claimed there was an improvised explosive device in the basement of the building and he indicated that the bank had foreclosed on his house, he had recently put his dog to sleep and expressed concerns that he had “fucked up” and that “it’s too late, I’ll never see her (referring to his daughter) again.” 

Wilson reports Rogler also admitted he had fired shots into the ground and into the air.  He claimed never at a police officer but Rogler confirmed that a cop had scared him which Wilson believed referred to Officer Erik Foster and Rogler said at one point that he could have killed that officer if he wanted to.  He claimed he didn’t do it because the officer was probably a father.

Wilson’s reports indicate Mikulec did obtain a search warrant for the house and Wilson was present during the search located several large containers with rounds of ammunition along with firearms in the apartment. 

Complainant next states that he has reviewed Detective Primising’s reports which indicate that he assisted in securing and inventorying weapons seized from the search of Shannon Rogler’s apartment at 871 South Main Street, Apt. 1, which included spent 50 caliber rounds.  Primising notes that he took photographs. Attached and incorporated hereto are two separate photos showing the nature and number of weapons and ammunition seized from Rogler’s City of Fond du Lac apartment. 

Complainant has reviewed Detective Mikulec’s reports from the same date indicating he was sent to investigate the fire at 65 North Hickory.  He met and spoke with neighbors including a Jeffrey Hendricks and Keith Daily.  They both confirmed seeing a red Chevy Cavalier parked at the residence.  Hendricks confirmed seeing a vehicle parked in the driveway for fifteen to twenty minutes with the driver being the only occupant of the vehicle.  He described him as a younger guy, maybe 32 years old with dark hair.  Jeffrey confirmed the house had previously been owned by Shannon Rogler and a person named Kate.  He is aware their were problems in the relationship.  The mortgage had been in Shannon’s name.  The house had been foreclosed and was vacant. 

Mikulec states he is aware from previous training and experience that a common motive for arson fires is foreclosure and Mikulec contacted Shannon Rogler’s brother, Robert, who said that his cousin Jimmy Lueck had been called last evening or early this morning and Shannon had given Jimmy his possessions including an inheritance of between $30,000 to $40,000 and his motorcycles.  Robert said the defendant has been talking for years of taking on the police.  There would be no negotiating with them and Shannon was dying today.  He confirmed he had AK-47’s and other weapons.

Mikulec confirmed by contacting the selling agent that the house on North Hickory Street had gone up for sale on October 22 and was vacant. 

Your complainant additionally indicates that he has reviewed the police reports of Officer Gudex which state that he was on duty on December 9, 2013, and was responding to assist Officer Endries at the fire scene at 65 North Hickory Street when he overheard Endries being out with Charles Rogler, Shannon Rogler’s brother, with Charles suspecting that Shannon had intentionally set the house on fire and left the scene in a red car.  City dispatch advised they had an address of 871 South Main Street, City and County of Fond du Lac, for Shannon Rogler and police were dispatched to that location. 

Gudex reports that as he was sitting in his squad nearby he observed a subject walk around the corner from the south to the east heading towards a red vehicle in the parking lot and described the subject as having camouflage pants, a black sweatshirt, talking on his cell phone and appeared to have keys in one hand but as soon as this person saw Gudex in his squad car he stopped, turned around, started to walk back towards the house. 

Gudex said he approached Rogler in the squad car and as he got closer the defendant began to run up the steps to his apartment.  Gudex rolled down the passenger window, was even with him as the defendant was standing on his front porch and he advised Mr. Rogler that he just wanted to talk to him but Rogler stood there, stared at him with his hands up by his jacket and the officer drove from the scene due to the reported being involved.  Gudex indicates that after he drove past the residence at a high rate of speed and repositioned his squad car, about a minute later he heard what appeared to be eight to ten very fast rounds coming from a rifle or machine gun and called dispatch that shots were fired and he immediately grabbed his M-16 and bullet proof vest, began to run southbound towards where Officer Foster had been stationed.  Foster said after initially being nonresponsive that he was okay and was taking shots from the suspect through the trailer where he had been standing.  Approximately 20 to 25 minutes later Gudex reports another single gunshot from what appeared to be a large rifle sounding and could hear what appeared to be a bullet going over his head as it made the whizzing noise.  About a half hour after that a round was fired that appeared to be in the same direction and was consistent with a gun. 

Complainant additionally indicates he has reviewed Officer Bednarek’s reports which state he was involved in the standoff described above on the date in question and it was approximately 2:10 p.m. when he was requested by SWAT members to assist them as they now had Shannon Rogler in custody and needed a car for transport.  He indicated that he did transport Shannon both to the police department and then to jail and that Shannon made statements during that time without being questioned about how he made a mistake and he is probably going to jail for a really long time now.  Bednarek also confirms that Shannon appeared to be wearing a bullet proof jacket.

Complainant is informed by Officer Curt Beck’s reports that he was on the perimeter when the negotiating team advised that Shannon Rogler was going to surrender and advised that he would be coming out with a bag but nothing else in his hands.  He would drop the bag once outside and Beck did observe this occur but also noted during the time that the defendant was surrendering he was flipping his middle finger up and looking at the officer.  Beck confirms eventually clearing the apartment with other officers and notes that he observed several spent shell casings outside the south entrance in the hallway part of the apartment.

Detective Ledger’s reports confirm that while preparing and getting ready for a SWAT call-out during the incident described above that he overheard City of Fond du Lac Police Officer Erik Foster advise over the radio that there were shots being fired and they were taking fire from Rogler’s residence at 871 South Main Street, Apt. 1.

Your complainant initially indicates he has reviewed the police reports of Officer Erik Foster confirming that at 9:02 a.m. on December 9, 2013, he was dispatched to a brick house in the Elms Trailer Court, 871 South Main Street, City and County of Fond du Lac.  He made his way on foot through the trailer court getting to the area of the residence and while there heard what sounded like a single gunshot coming from the residence which he advised over the radio.  He tried to get a safe visual on the south door from several locations without exposing himself.  He was not able to safely do so and tried to move several times to different points of concealment as cover and safely took a visual from the corner of a trailer when he saw Shannon Rogler later identified by other officers come out of the residence and Rogler saw him at the same time.  As he stepped out on to the top of the stairs and the officer directed his long gun at him and gave him a loud verbal command to show his hands.

Foster states Shannon Rogler had in his hands a red sweatshirt, was wearing a black shirt, camo pants, looked back with a half smile, went back into the residence.  Foster moved from the spot and as he got to the top of some stairs nearby he heard repeated rounds of gunfire coming from the area he had just seen Rogler in and saw what he believed to be debris in the air in the area where he had just been standing.  He described the shots as rapid repeated single shots, 10 to 12 rounds, and when there was a lull in firing he immediately decided to move in fear of being ambushed.  

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