Man accused of threatening Chippewa Co courthouse is mentally committed

CHIPPEWA FALLS — A 40-year-old man accused of making threats last May toward a Chippewa County judge, and the courthouse as a whole, is now under a mental commitment, his attorney says.

Harley Alcala, 40, now of Bandera, Texas, was charged in May 2023 with two counts of battery or threat to a judge, prosecutor or law enforcement officer, and one count each of making terrorist threats and threats to injure/accuse of crime. Because the threats were made toward Judge Ben Lane, among others, the case has been re-assigned to Dunn County Judge Luke Wagner. He has since entered not guilty pleas. Alcala was later charged with making more threats to law enforcement, issuing a computer message to threaten or injure, and bail jumping in a separate matter.

Defense Attorney John Holevoet appeared in Chippewa County Court on Monday, telling Judge Wagner that he has not been able to speak to his client, adding that Alcala is under a mental commitment at a hospital. Wagner ordered that whenever the mental health commitment ends, Alcala will be sent to a jail in Texas. A status conference was then set for July 31. Remote appearances via video will be allowed for that hearing, Wagner ruled.

According to the criminal complaint in the May 2023 case, the situation involves Alcala’s interaction with the foster parents of his daughter and the Department of Human Services. There was an order that allowed Alcala to have Facetime calls with the child twice a week. However, Alcala was “inappropriate and disrespectful” to the foster parents, Chippewa County District Attorney Wade Newell said previously.

A hearing had been set for Tuesday, May 2, 2023, where DHS officials were going to ask that visitation with him be suspended, Newell explained.

However, on May 1, Alcala began posting on his Facebook page, writing “If I don’t get my daughter I will kill you! Judge everyone.” Another read, “Cain’t (sic) wait tell (sic) tomorrow to leave with my daughter!” Another post read, “Ever see a court house shot up! Showing up with a toy hauler full of armored soldiers unlocked.”

The courthouse’s bailiff was made aware of the posts and read through them. “Based on the threats to the courthouse and Alcala having a hearing set for the next day, the threats were believed to be credible,” the complaint reads. Because of those Facebook comments, security was tightened at the courthouse on May 2.

Officers learned that Alcala was headed south on U.S. 53 in the morning hours of May 2, and he was stopped near the Bloomer exit at Highway 40. He initially refused to get out of the vehicle, and a SWAT team was called in. No weapons were found on Alcala or in his vehicle.

Officers later interviewed Alcala in the jail. “Alcala stated that he was drinking when he made the threats and stated that he didn’t intend on following through with the threats,” the complaint reads. Alcala added that it was “a cry for help.”

When Alcala was told the courthouse was in a “soft lockdown” because of his comments, he responded, “I didn’t know that. Are you serious? Oh my God. That’s horrible.”

However, Judge Isaacson set the original $100,000 cash bond, saying at the May hearing, “we live in a time where we can’t take comments passed in frustration as not being credible.”

However, Alcala was charged in February with making new threats, separate from the May 2023 threats.

According to that criminal complaint, a victim told law enforcement she was representing Alcala in a child custody case, and that the matter was set for a guardianship hearing on Feb. 19 involving Alcala’s daughter.

The woman stated that Alcala called her office, which is in Chippewa Falls, “several times and was unruly on the phone,” the complaint reads. “(She) stated she hung up on Alcala, and began communicating with him by email. (She) stated that later on Feb. 14, she informed Alcala that she was withdrawing from his case. Alcala responded with an email that stated, ‘I will kill you if you withdraw.’ (She) informed the officer Alcala also began to threaten the Courthouse in Chippewa County, a judge in Chippewa County and a judge in Dunn County on Facebook. (She) stated she felt scared and threatened by Alcala’s email exchange.”

The law enforcement officer reviewed Alcala’s Facebook page and read the comments Alcala posted, including threats towards the two judges and other courthouse workers. The comments posted by Alcala were included in the criminal complaint.

“Something real bad is going to happen very soon!!!!!” Alcala wrote in one post on his Facebook page, according to the criminal complaint. “Armys (sic) of people want to kill them as well as well for this.”