(Updated 11:30 a.m.) A man Wednesday pleaded guilty to a reduced homicide charge and agreed to testify against a woman also charged in the in June.
Tommy V. Douyette, 42, pleaded to first-degree reckless homicide, which carries a maximum sentence of 40 years in prison followed by 20 years on extended supervision in the community. Prosecutors will recommend a 35-year prison term, with 15 years on supervision.
Douyette originally was charged with first-degree intentional homicide, which carries a maximum penalty of life imprisonment. That is the charge still filed against Lynn Hajny, 49, whose attorney said Wednesday he is investigating a possible plea of not guilty by reason of mental illness.
Defense attorney Michael Hart said Hajny has a "longstanding history of mental health treatment" by multiple treatment providers and she might have suffered from mental illness at the time of Aegerter's death. Hart said he is working to have her evaluated to see if she qualifies for the so-called insanity defense.
Prosecutors, meanwhile, said they have DNA evidence in Hajny's case and turned over 400 pages of new information, including a final state Crime Lab report and two recorded interviews with Douyette.
"I recognize that ths is a fluid investigation with moving parts," said Hart, who asked for more time to prepare for trial. The trial was rescheduled from Jan. 30 to May 7.
Douyette's plea agreement calls for his sentencing to occur after he testifies in Hajny's trial. Douyette's sentencing was set for May 23.
Several Brookfield police detectives and a captain were in court to hear Douyette's guilty plea.
Waukesha County Circuit Judge Patrick Haughney asked Douyette if he struck Aegerter and if other allegations in the criminal complaint were accurate.
"Yes, sir," Douyette said.
The criminal complaint alleges that Hajny and Douyette went to Aegerter's Brookfield home late June 21 or early June 22 to confront him about money they claimed Aegerter owned Hajny's husband, who worked for one of Aegerter's radio communications businesses, Air Page.
When Aegeter failed to show for a morning meeting June 22, a coworker called police to check on his welfare and officers found him in his garage, , his face duct-taped and several plastic grocery bags over his head.