$200K Bail Set For Man After 2nd Sex Assault Victim Comes Forward

A Brookfield man who was being tried for sexual assault of a child now has a $200,000 bail after another possible victim surfaced.

Wayne A. Herbes, 57, who previously lived in Waukesha and Hartland, was on trial in March on three charges of first-degree sexual assault of a child under age 13.  

A mistrial was declared after a woman testified about being sexually abused by Herbes decades earlier, according to court records.

After the mistrial was declared, Waukesha County Judge Patrick Haughney modified Herbes’ bail from $2,500 to $200,000. Herbes remains in the Waukesha County Jail as his attorney is seeking a lower bail. He will return to court at 10:30 a.m. April 12.

No new charges have been filed. According to a summary of sex crimes and penalties in Wisconsin prepared by the Legislative Reference Bureau, prosecution of felonies must begin within six years of the crime, though certain exceptions can be made for sex crimes against children.

According to the criminal complaint:

An 8-year-old girl was interviewed by Waukesha police officers in December 2011, where she told them Herbes had assaulted her on several occasions in the summer of 2011 inside his home in the 1300 block of East North Avenue in Waukesha.

The girl said the first incident took place while she was waiting to take a shower and Herbes touched her inappropriately. The girl told police she knew the action was wrong and backed away from him.

On another occasion, the girl was completely naked when Herbes took a picture of her. On the third occasion, the girl told police, Herbes molested her.