Man facing felonies not guilty due to mental illness

A 24-year-old man who was charged in Ozaukee County Circuit Court with multiple felonies after leading authorities on a foot chase over fences and through Sauk Creek, then struggling with officers earlier this year in Port Washington, was found not guilty by reason of mental disease last week.

It took three sheriff’s deputies who used stun guns and two police officers to arrest West Bend resident Devonte T. Rayford near Moore Road on Friday, March 21. 

During a Nov. 12 hearing, Rayford pleaded guilty to intimidating a witness with the use or threat of force, battery or threat to a law enforcement officer, spitting on an officer and disorderly conduct, which means he admitted to committing the crimes. However, he was found not guilty by reason of mental disease because he lacked the capacity to appreciate the wrongfulness of his crimes when they were committed. That finding was based on a psychiatric evaluation, which was accepted by Ozaukee County Circuit Judge Adam Gerol.

District Attorney Benjamin Lindsay is recommending Rayford be committed to the Wisconsin Department of Health Services for treatment for 9-1/2 years, starting with institutional care. That could be modified to supervision within the community at a future date. A Dec. 18 hearing has been scheduled. 

Four other charges, including lewd and lascivious behavior, were dismissed as part of a plea agreement but read into the record, which means Gerol can consider them when deciding on Rayford’s commitment.

Rayford, who was sentenced to probation in January for stealing a car in Washington County, was charged as a repeat offender in Ozaukee County. 

According to a criminal complaint, Rayford’s mother told authorities that she, his grandmother and his sisters traveled from Oklahoma in March to visit him and his newborn child and were staying at an Airbnb in the 400 block of West Grand Avenue in Port Washington.

At about 11 a.m. March 21, Rayford’s mother and grandmother picked him up in West Bend and took him to a meeting with his probation officer. The meeting did not go well and the probation officer told Rayford he was not welcome in the office, the complaint states.

Rayford’s mother and grandmother said he was behaving oddly and making “creepy” statements to relatives. They said they believed he was experiencing mental health problems.

The women took Rayford to the Airbnb in Port, where he continued to act strangely. He began seductively eying his mother, then thrusting his hips at her while his pants were sagging down. When his mother told him to pull up his pants, he pulled them all the way down, the complaint states.

When his sisters came in to the room, Rayford exposed himself to his family. His mother scolded him and Rayford pretended he was going to punch her, according to the complaint.

Rayford’s mother and grandmother tried to get to a cell phone to call the police, but he intercepted them, pushing his mother into a TV and knocking the glasses off his grandmother. Rayford’s sisters were eventually able to get a phone and called police at 6:19 p.m.

Rayford ran from the house and was spotted by police officer Jacob Zygowski behind the fence at Pirates’ Hollow Community Waterpark a short distance from the Airbnb. 

Ignoring Zygowski’s commands to stop, Rayford ran. The officer chased him, climbing over several fences, and at one point tased him through a fence. Rayford fell, but then got up and continued running west across Sauk Creek.

Rayford ran through the backyards of several homes before being tased twice by Ozaukee County sheriff’s deputies in the 100 block of North Moore Road.

Rayford struggled with three deputies and grabbed the arm of one of them and wouldn’t let go. He was stunned again and handcuffed with the help of two police officers. 

Zygowski was winded and cleared his throat by spitting away from other people at the scene. Rayford then spit at the officer and later, as he was being handcuffed to a stretcher, told Zygowski, “It would be cool if I punched you right in the nose,” according to the complaint.

Rayford was taken to a hospital, and after being medically cleared he was booked in the county jail, where he was uncooperative with jail deputies. 

Rayford’s bail was set at $25,000, and while being held in jail he was accused of scratching, biting, kicking and hitting deputies during a scuffle that broke out after he refused to return his food tray and got out of his cell. 

Authorities, who said Rayford claimed to be hearing and seeing things that weren’t there, were concerned he had feces and blood on his hands so the four deputies who were injured were treated at Aurora Medical Center in Grafton.

Rayford was charged with eight felonies in connection with the jail incident, however those charges were dismissed last week as part of a plea agreement but read into the record.

In Washington County, Rayford pleaded guilty on Jan. 15 to operating a vehicle without consent, a felony, and a misdemeanor count of trespassing. For the felony, he was sentenced to a year in jail, although that was stayed, and he was placed on probation for three years. He was sentenced to 90 days in jail for the misdemeanor, but the judge allowed him to earn “good time” to shorten the sentence, according to court records.

During last week’s hearing, Gerol revoked Rayford’s bail and ordered him held in the county jail until the Dec. 18 commitment hearing.