UW-Madison expert breaks down factors into armed suspect coming to Capitol twice

John Gross, an associate clinical professor for the UW-Madison law school, said Pleasnick’s swift release from jail is not out of the ordinary.
Published: Oct. 5, 2023 at 11:01 PM CDT
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MADISON, Wis. (WMTV) - A University of Wisconsin-Madison law school professor is explaining the process behind a quick release from jail. It’s after 43-year-old Joshua Pleasnick was arrested inside the State Capitol with a handgun, and released from the Dane County Jail just hours later. That’s when he went back to the Capitol with an assault rifle.

John Gross, an associate clinical professor for the UW-Madison law school, said Pleasnick’s swift release from jail is not out of the ordinary.

“While people may be unnerved by the fact he was in the Capitol building with a firearm, it is still classified as a misdemeanor,” Gross said. “It’s not a felony offense.”

Pleasnick was arrested by Capitol Police around 2 p.m. Wednesday.

“He would have been brought in front of a court commissioner to be arraigned on the charge and the commissioner would have a determination about whether or not bail should be set, an amount of bail and other conditions of release,” Gross said.

Pleasnick then posted a $500 bail set by a judge, according to a Dane County Sheriff’s Office spokesperson. About seven hours later, Pleasnick went back to the Capitol with an assault rifle.

“I know people might be surprised with how quickly this happened,” Gross said.

Pleasnick has no history of committing violent crimes, according to court records. Gross said his quick release from jail is a result of how the process typically goes for someone with a record like Pleasnick’s.

“The $500 bail that the judge was setting on the case would be consistent with the typical person’s income, the gravity of this effect, and especially in the absence of any prior record,” Gross said.

Gross argues that Pleasnick’s situation shows the use of cash bail can be ‘problematic.’

“The utilization of cash bail is problematic because it essentially allows people to purchase their way out of custody, even if the person might pose a threat to the community,” Gross said.

Madison police reported Thursday that Pleasnick was taken into protective custody and taken to the hospital.

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