APPLETON, WI (WTAQ-WLUK) – A hearing will be held March 25 on Dezman Ellis’ request to withdraw his no contest plea for the 2021 fatal shooting of Jovanni Frausto at the Fox River Mall, on his claim he didn’t know he could get a 40-year prison term.
Ellis was 17 at the time of the Jan. 31, 2021 shooting, and 18 at the sentencing hearing. He’s now 21, serving his sentence at the Waupun Correctional Institution after being convicted of second-degree intentional homicide and first-degree recklessly endangering safety.
According to the motion, Ellis believed that since prosecutors were asking for 15 years in prison, he didn’t believe he could get more than that.
“The issue is whether Ellis ‘s pleas were induced by ineffective assistance of counsel in providing erroneous legal advice regarding eligibility the sentence that would be imposed. Had (defense attorney Scott) Ceman not given the erroneous advice, Ellis would not have entered his no contest plea to first degree reckless homicide and first degree recklessly endangering safety under the terms stated in court,” the motion states.
In court Monday, Ellis’ current attorney, Len Kachinsky, said Ceman will deny provide inappropriate advice to Ellis.
Prosecutors said Ellis and Frausto were arguing about a girl, though Ellis denied that at sentencing.
