The Waupun prison sits in the middle of a residential neighborhood (Photo | Wisconsin Examiner)

Former Waupun Correctional Institution (WCI) warden Randall Hepp was convicted of a misdemeanor Monday in the death of Donald Maier and fined $500 and court costs. Hepp pleaded no contest.

In June, Hepp was charged in Maier’s death. Maier’s mother sued Wisconsin Department of Corrections Secretary Jared Hoy, Hepp and others Monday, seeking compensatory and punitive damages. 

The lawsuit alleges that the defendants’ “lack of accommodation, deliberate indifference, and negligence in ignoring his rapidly and obviously deteriorating physical and mental health while he was in their care” caused Maier’s death. 

In June, the Examiner reported that Hepp and eight members of his staff had been charged with crimes related to the treatment of people incarcerated in the prison. Six staff members were charged along with Hepp in the death of Maier, who authorities said died due to dehydration and malnutrition, the Examiner reported in June. Seven incarcerated people have died at WCI since 2023, the Associated Press reported. 

A statement in a criminal complaint said Hepp didn’t oversee his staff to make sure they followed all policies/procedures. 

“Randall Hepp did not follow through the requirements of his position required by law as the staff at WCI are poorly trained on many policies and procedures regarding missed meal(s), water restrictions, medication refusals, round checks, and more,” the complaint stated. 

DA, Maier lawsuit tell different stories about Hepp

Earlier in the case, Hepp was charged with felony misconduct in public office. Penalties for a Class I felony are a fine up to $10,000 or up to three and a half years’ imprisonment, or both.

Hepp was convicted of violating law governing state or county institutions. The Class C misdemeanor comes with a fine up to $500 and up to 30 days imprisonment, or both. Hepp was not sentenced to imprisonment.

The Associated Press reported that Dodge County Circuit Court Judge Martin De Vries cited Hepp’s service record, lack of a criminal record and “‘subpar employees’” who failed to follow policy. 

Dodge County District Attorney Andrea Will lowered the charge to a misdemeanor in exchange for a no contest plea, the AP reported. Will told De Vries that she lowered the charge because Hepp was well respected within the Wisconsin Department of Corrections and didn’t know guards weren’t following policy, according to the AP. 

De Vries said the criminal charge against Hepp was “‘to some extent…symbolic,” the Post-Crescent reported. 

According to the Associated Press, Maier’s mother, Jeannette Maier, called Hepp’s sentence a “‘slap on the wrist.’” She said her son had been treated worse than a caged animal.  

“Nothing can bring my son back but I like to think we as a society would at least learn something from this tragedy so it never happens to someone else’s son,” she said in a statement, according to the AP.  

The lawsuit from Jeannette Maier alleges Hepp was aware of a “systemic lapse in enforcement” of the hunger strike and water shut-off protocols. It alleges that Hepp did not take action to attempt to make sure that the protocols were followed. 

The lawsuit also says Hepp was deliberately indifferent to a substantial risk regarding the most at-risk incarcerated people in the restricted housing unit. 

The risk, as described by the lawsuit, was that they were not receiving the level of care and supervision needed in order to afford them adequate medical and mental health evaluation and treatment and did not have humane conditions of confinement.  

This risk was created by understaffing, low morale and lack of adequate training, the lawsuit alleges. 

Sheriff supports conviction

Dodge County Sheriff Dale Schmidt released a statement on Facebook in support of the settlement and conviction. 

“I can understand why some may feel additional sanctions are warranted, but our court system must be blind to ‘feelings’ and ‘agendas’ and decisions made solely on the facts of the case,” Schmidt said. 

Schmidt said that “investigating and arresting Randall Hepp was one of the most difficult cases I have been part of, leading to some of the most difficult decisions I have had to make during my time as sheriff.” He said Gov. Tony Evers and then-Department of Corrections Secretary Kevin Carr put Hepp in a very difficult position. 

“Don’t get me wrong, he was the warden and was by law administratively responsible for Waupun Correctional Institution, and as a result, two deaths that occurred,” Schmidt said. “While we explored it, no Wisconsin or federal law directly tied back to his bosses, who failed to provide adequate resources or leadership.”

A sentencing memorandum by an attorney for Hepp said the former warden “was chosen to run Waupun because of his history of building great work environments and teams, creating positive institution culture and improving operations.” 

According to the memorandum, “Waupun Correctional was known to be the most challenging institution for correctional officers to work.”

“This institution was in complete [dysfunction], there was an extreme understaffing of uniformed positions and no goal to improve the staffing,” the memorandum stated. “There was a historically high vacancy rate that existed over a lengthy period of time that required officers to work an extremely unheard-of number of forced shifts further aggravating an already difficult situation and burning out among staff members. This situation contributed to the staff’s concerning level of apathy, distraction and a desire to transfer to other institutions.”

The memorandum said Hepp “became the primary and recurring voice” for the need to improve staffing at Waupun.

“Unfortunately, his voice was not heard,” the memorandum stated. 

“Many pieces to this puzzle” have not yet gone through the criminal justice system, Schmidt said, since cases are still being processed through the courts. 

One former Waupun employee pleaded no contest in September and was fined $250. Charges were dismissed against another, and other cases are pending, the Associated Press reported.

The Wisconsin Department of Corrections did not immediately respond to an email seeking comment on Hepp’s conviction on Tuesday afternoon.

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The Waupun prison sits in the middle of a residential neighborhood (Photo | Wisconsin Examiner)

Former Waupun Correctional Institution (WCI) warden Randall Hepp was convicted of a misdemeanor Monday in the death of Donald Maier and fined $500 and court costs. Hepp pleaded no contest.

In June, Hepp was charged in Maier’s death. Maier’s mother sued Wisconsin Department of Corrections Secretary Jared Hoy, Hepp and others Monday, seeking compensatory and punitive damages. 

The lawsuit alleges that the defendants’ “lack of accommodation, deliberate indifference, and negligence in ignoring his rapidly and obviously deteriorating physical and mental health while he was in their care” caused Maier’s death. 

In June, the Examiner reported that Hepp and eight members of his staff had been charged with crimes related to the treatment of people incarcerated in the prison. Six staff members were charged along with Hepp in the death of Maier, who authorities said died due to dehydration and malnutrition, the Examiner reported in June. Seven incarcerated people have died at WCI since 2023, the Associated Press reported. 

A statement in a criminal complaint said Hepp didn’t oversee his staff to make sure they followed all policies/procedures. 

“Randall Hepp did not follow through the requirements of his position required by law as the staff at WCI are poorly trained on many policies and procedures regarding missed meal(s), water restrictions, medication refusals, round checks, and more,” the complaint stated. 

DA, Maier lawsuit tell different stories about Hepp

Earlier in the case, Hepp was charged with felony misconduct in public office. Penalties for a Class I felony are a fine up to $10,000 or up to three and a half years’ imprisonment, or both.

Hepp was convicted of violating law governing state or county institutions. The Class C misdemeanor comes with a fine up to $500 and up to 30 days imprisonment, or both. Hepp was not sentenced to imprisonment.

The Associated Press reported that Dodge County Circuit Court Judge Martin De Vries cited Hepp’s service record, lack of a criminal record and “‘subpar employees’” who failed to follow policy. 

Dodge County District Attorney Andrea Will lowered the charge to a misdemeanor in exchange for a no contest plea, the AP reported. Will told De Vries that she lowered the charge because Hepp was well respected within the Wisconsin Department of Corrections and didn’t know guards weren’t following policy, according to the AP. 

De Vries said the criminal charge against Hepp was “‘to some extent…symbolic,” the Post-Crescent reported. 

According to the Associated Press, Maier’s mother, Jeannette Maier, called Hepp’s sentence a “‘slap on the wrist.’” She said her son had been treated worse than a caged animal.  

“Nothing can bring my son back but I like to think we as a society would at least learn something from this tragedy so it never happens to someone else’s son,” she said in a statement, according to the AP.  

The lawsuit from Jeannette Maier alleges Hepp was aware of a “systemic lapse in enforcement” of the hunger strike and water shut-off protocols. It alleges that Hepp did not take action to attempt to make sure that the protocols were followed. 

The lawsuit also says Hepp was deliberately indifferent to a substantial risk regarding the most at-risk incarcerated people in the restricted housing unit. 

The risk, as described by the lawsuit, was that they were not receiving the level of care and supervision needed in order to afford them adequate medical and mental health evaluation and treatment and did not have humane conditions of confinement.  

This risk was created by understaffing, low morale and lack of adequate training, the lawsuit alleges. 

Sheriff supports conviction

Dodge County Sheriff Dale Schmidt released a statement on Facebook in support of the settlement and conviction. 

“I can understand why some may feel additional sanctions are warranted, but our court system must be blind to ‘feelings’ and ‘agendas’ and decisions made solely on the facts of the case,” Schmidt said. 

Schmidt said that “investigating and arresting Randall Hepp was one of the most difficult cases I have been part of, leading to some of the most difficult decisions I have had to make during my time as sheriff.” He said Gov. Tony Evers and then-Department of Corrections Secretary Kevin Carr put Hepp in a very difficult position. 

“Don’t get me wrong, he was the warden and was by law administratively responsible for Waupun Correctional Institution, and as a result, two deaths that occurred,” Schmidt said. “While we explored it, no Wisconsin or federal law directly tied back to his bosses, who failed to provide adequate resources or leadership.”

A sentencing memorandum by an attorney for Hepp said the former warden “was chosen to run Waupun because of his history of building great work environments and teams, creating positive institution culture and improving operations.” 

According to the memorandum, “Waupun Correctional was known to be the most challenging institution for correctional officers to work.”

“This institution was in complete [dysfunction], there was an extreme understaffing of uniformed positions and no goal to improve the staffing,” the memorandum stated. “There was a historically high vacancy rate that existed over a lengthy period of time that required officers to work an extremely unheard-of number of forced shifts further aggravating an already difficult situation and burning out among staff members. This situation contributed to the staff’s concerning level of apathy, distraction and a desire to transfer to other institutions.”

The memorandum said Hepp “became the primary and recurring voice” for the need to improve staffing at Waupun.

“Unfortunately, his voice was not heard,” the memorandum stated. 

“Many pieces to this puzzle” have not yet gone through the criminal justice system, Schmidt said, since cases are still being processed through the courts. 

One former Waupun employee pleaded no contest in September and was fined $250. Charges were dismissed against another, and other cases are pending, the Associated Press reported.

The Wisconsin Department of Corrections did not immediately respond to an email seeking comment on Hepp’s conviction on Tuesday afternoon.

GET THE MORNING HEADLINES.

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