Judge denies Schabusiness motion to drop sexual assault charges

Posted at 5:41 PM, June 13, 2023 and last updated 8:48 PM, June 13, 2023


GREEN BAY, Wis. (Court TV) – A judge denied a request by Taylor Schabusiness‘ attorneys to dismiss a sex assault charge against her based on the idea that the victim was dead, and his penis had been dismembered.

Schabusiness is charged with first-degree intentional homicide, mutilating a corpse and third-degree sexual assault in the death of Shad Thyrion in February 2022. Investigators said Schabusiness admitted to using methamphetamine with the victim and engaging in a sex act with his body after his death.

Taylor Schabusiness appears in court during a motions hearing.

Taylor Schabusiness appeared in court on Tuesday for a motions hearing. (Pool)

Detectives described disturbing statements that Schabusiness allegedly made after her arrests during testimony at a motions hearing on Tuesday in her case.

WATCH: Officer Describes Taking Taylor Schabusiness into Custody

Schabusiness has argued that she was under the influence of drugs at the time of the crime, thus limiting her culpability. Her attorneys have pushed to have statements she made to attorneys at the time of her arrest thrown out and made inadmissible at trial. She allegedly told officers that she strangled the victim until his death, before dismembering his body.

At a motions hearing in her case on Tuesday, Officer Garth Russell described taking the suspect into custody. Russell described Schabusiness as having a calm demeanor and said she did not appear to be under the influence of any substance.

Detective Kevin Kempf, another officer who interviewed Schabusiness, testified that he saw no problems with her ability to concentrate and pay attention during his interview.

The defense had one witness testify at Tuesday’s hearing, Dr. James O’Donnell, a forensic consultant who testifies about drugs and their impacts on the body. O’Donnell described Schabusiness’ history of drug use, which included smoking and injecting meth and injecting trazodone. The judge ruled that while the jury would be able to hear about Schabusiness and Thyrion’s alleged drug use the day of the murder, all prior history of drug use would be inadmissible.

MORE: Detective Details Police Interview with Taylor Schabusiness

He testified that Schabusiness’ drug use could have made her unable to accurately recall events, and would potentially create delusions of memories.

Schabusiness’ defense attorney also argued his motion that the charges of sexual assault should be dropped against the defendant because the suspect was dead, and because his penis was found dismembered from his body. Her attorney argued that the circumstances make it impossible to prove that a sexual assault occurred.

Taylor Schabusiness attacks attorney

Taylor Schabusiness, the woman suspected of killing and dismembering a Green Bay man last year, attacked her attorney during a hearing Tuesday, Feb. 14, 2023. (WGBA)

The judge denied the defense’s request, saying he found sufficient probable cause in the charging document.

Schabusiness’ attorney made a point of asking the judge whether space would be reserved for his client’s family to observe the trial. The judge said the first row behind the defense table would be blocked off, but her family could sit in the second row.

Deputies were on hand in the courtroom on Tuesday, after Schabusiness attacked her previous attorney during a motions hearing in February.

Schabusiness is scheduled to return to court on July 21, 2023.