OUTAGAMIE COUNTY, WI (WTAQ) - One count has been dismissed against the man accused of instigating May's fatal encounter at Jack's Apple Pub in Appleton.

Henry Nellum is no longer charged with Aggravated Battery but still faces seven counts, including Attempted Homicide and Felony Murder.

The defense argued that charging both Felony Murder and Attempted Aggravated Battery violated the 'Double Jeopardy' clauses in the United States and Wisconsin constitutions, since the battery count is a lesser offense of the murder count.  

As long as Nellum would not be convicted of both, prosecutors said both charges could stand.

The judge agreed with the defense but added that the jury can still consider it when deliberating the Felony Murder count.

Prosecutors say Nellum's actions led to Officer Jay Steinke fatally shooting bystander Jimmie Sanders.

No trial date has been set.  

DOOR COUNTY, WI (WTAQ) - Planning continues for a new Eagle Tower at Door County's Peninsula State Park.

The DNR says public input calls for a 75-foot tower with an external ramp through the woods.

Friends of Peninsula State Park Business Manager Steve Strucely says "it's going to start out in the woods and kind of loop around to eventually get to the peak of the tower."

Strucely says a subcommittee of his Friends group has raised more than $650,000.

"Once we get to our first goal of $750,000, we can start making plans about what else needs to happen."

The state has also agreed to pay $750,000. 

Altogether, the project is expected to cost roughly $2.1-million dollars.

"Still have to do the work of going out for bids and doing more detailed design to really nail down that budget and get to a more precise number." 

The goal is to have the tower in place by summer 2019, three years after the old one was taken down due to safety concerns.

GREEN BAY, WI (WTAQ-WLUK) - From parents, to school nurses, they say viral infections are making their rounds.

"My daughter has been sick, already this year already," said one parent who spoke to FOX 11.

"We've seen quite a bit of different things and it goes in spurts."

Kristen Johnson, Nurse for the Green Bay School District, says she's seen an increase in the "Hand, Foot, and Mouth" virus.

"It's a rash, that starts on the face into the mouth, and blisters, on the hands and feet."

She says the virus has been found district-wide.

"We've seen that at the elementary, middle, and high school levels. There have been children, who have been out with Hand, Foot and Mouth."

Along with the Hand Foot and Mouth virus, Aurora Pediatrician, Dr. Donald Beno says he's also seen another virus, called "Croup."

Beno explained, it's a respiratory infection that causes a barking-like cough.

"We'll have different illnesses that will become more common at different seasons, this year, we had more Croup and more Hand Foot and Mouth, than previous years."

Health officials like Johnson and Beno say the best way to prevent viruses from spreading, is if your child has a cold, or fever to have them stay home.

"We don't want to have a kid, more infectious walking around school spreading to their classmates."

He also suggests, teaching children proper hand-washing practices.

BROWN COUNTY, WI (WTAQ) - The investigation into a Bellevue homicide continues.

Brown County Sheriff's officials say 52-year-old Suzette Langlois was fatally shot at her home in the 3000 block of Manitowoc Road.

Captain Dave Poteat is handling the August 2016 case.

"We received several calls early on that were kind of pointing to certain people.  Most of those we were able to exclude, based on the investigation that we've done.  However, there's some that we haven't yet been able to exclude.  We're still working on those.  Then we have some other leads that we've developed from some other sources that we are pursuing at the same time."

Poteat notes the claims they've received require quite a bit of investigating.

"Very hard to corroborate from other sources sometimes, some of the people that are talking to us.  You have to question their motive for providing that information."

The shooting happened August 29, 2016 at around 1:50 am.

"The rural location, the time of day, all of that led to having very few witnesses."

Anyone with information is asked to call Brown County Sheriff's headquarters at 920-448-4200.

APPLETON, WI (WTAQ) - A pair of healthcare providers are trying to bolster the services they offer companies in Northeast Wisconsin. 

Bellin Health CEO George Kerwin says his organization and ThedaCare have teamed up with Minnesota-based health insurance company Health Partners. 

He explains how the agreement will help them serve clients.  

"Combines clincial data with cost data so we can better understand individuals' needs and manage their overall health more efficiently.  We want to make sure we keep the cost of the health benefit under control."

Kerwin explains the economic impact that getting this information about their clients can have.

"Five percent decreases in the overall costs, rather than the exorbitant increases that people are experiencing today."

He cites cases  they've dealt with through the Medicare program.

Kerwin notes they are immediately starting to actively market the plan to large businesses, those with more than 51 employees, with coverage available to start in early 2018.

He adds that both Bellin and ThedaCare will have their employees enrolled in the plan starting in January.

People can contact Bellin or ThedaCare to learn more.  

GRAND CHUTE, WI (WTAQ) - A woman was found unconscious outside a Grand Chute restaurant Thursday morning. 

Officers say she was lying on the pavement behind Denny's on College Avenue when they responded around 11:40 am, breathing and missing some money. 

No word on what caused the incident.

Anyone with information is asked to call Grand Chute Police at (920) 832-1575 or text 'TIPGCPD' to 847411.

MADISON, WI (WTAQ) - Three St. Mary's Springs football players were held out of Thursday's state championship game.

School officials say it was due to a 'code violation,' with a letter to parents citing a Wednesday night disorderly conduct call to Pizza Ranch.

School President Kelly Norton's letter reads:

"Greetings SMSA Families,

You may have seen the FDL Scanner/Crime Reports Facebook post last evening, stating that there was a "disorderly conduct call to Pizza Ranch, reported to involve the St. Mary's Springs football team." We are not in a position to comment on the nature or details of the incident as it is in the hands of the FDL Police Department. However, as information is presented to the Administration of SMSA, we will manage the situation per the policies outlined in our student handbook and code of conduct. It is our expectation that our students and school community, whether on our campus grounds or elsewhere, serve as examples of the core values and Christian character that we teach and expect of one another.

Despite these circumstances, let this not be a deterrent from the importance, magnitude and community celebration of today, for there are many students, coaches, fans, and friends that have supported us on our journey to Madison. As we travel there today with our team, students and school, please remember we are ONE--in faith and community! GO LEDGERS!

In Christ,

Kelly"

One starter and two reserves missed the win over Iola-Scandinavia at Madison's Camp Randall Stadium.

GREEN BAY, WI (WTAQ) - One Green Bay park now allows man's best friend in one part of its grounds.

A fenced in area inside Whitney Park has been designated as a dog park.

Dogs will be allowed to play off leash and interact with the other dogs.

Whitney Park Neighborhood Association President Garrit Bader hopes this will help attract more people to Green Bay.

"It's another amenity that makes people want to live here and want to be here and want to hang out here. It's supporting businesses, and its supporting the area as a whole."

Bader says drinking fountains and exercise equipment for dogs could be added next spring.

GREEN BAY, WI (WTAQ) - Four local fire departments are fighting childhood cancer.

Green Bay Metro Fire hosted its fourth annual 'Firefighters Chili Cook-off' Thursday.

Proceeds benefit Families of Children with Cancer.

GB Metro Fire's Chad Bronkhorst says "all their money stays local, right here in Northeast Wisconsin. Do incredible things in the community with families that are going through tough times with their children."

People were encouraged to donate at least $5 per bowl.

OSHKOSH, WI (WTAQ) - Thanksgiving came early for one local school. 

Franklin Elementary in Oshkosh held a holiday gathering during its lunch hour Thursday. 

Special Education Teacher Stevie Aguilar organized the event. 

She says the meal was prepared by the district's food services, with various people helping out on the decorations.  

"We got donations for a lot of the supplies that we needed.  It took a lot of phone calls and a lot of leg work."

Aguilar notes this wasn't the first time students had the chance to celebrate.

"We had a small scale last year, and the kids absolutely loved it.  They've been asking ever since if we could repeat the process and if we could do it for the whole school."

Aguilar says they hope to make Thursday's event an annual tradition.

SHAWANO, WI (WTAQ) - A proposed wheel tax in Shawano was met with opposition from many in attendance at the budget hearing.

The city of Shawano voted against instituting a wheel tax after hearing opposition from residents.

"This wheel tax is unacceptable"

"We are sick of closed door sessions because you want to railroad something through and shove it down our throats."

"You can't spend more than you got"

The voices were heard by all. 

The proposal of a $10 per vehicle addition to registration fees for the purpose of funding road projects in the city, was voted down 4-2.

Alderpersons voting against it said their vote reflected what the people wanted, even though most felt it could benefit the city.

"I am going to prove that I was listening tonight" Alderperson Lisa Hoffman stated.

After being accused of not being transparent enough, the council engaged in a lengthy discussion of what to cut instead, since the wheel tax was in the proposed budget.

Council members stated they had the discussions to prove they were transparent.

The council approved a 60 cent per $1,000 dollar increase, and will continue to look at budget cuts without a wheel tax.

City of Shawano residents are facing a tax increase, but no wheel tax, after multiple residents spoke out against it at the budget hearing.

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The Council spent two hours discussing what to cut instead of the wheel tax, and repeated that they had those discussions that night to prove their are transparent. The tax increase is 60 dollars on a one hundred thousand dollar property. More cuts in the budget are expected.

GREEN BAY, WI (WTAQ)-  The State of Wisconsin is preparing for an economic boom.

Over 600,000 hunters will take to the woods over the next nine days, but their efforts are doing more than putting heads on walls and meat in freezers.

"The 80 percent that are not deer hunters are still benefiting from the revenue that is generated allows conservation work to happen on the landscape."

DNR Program Manager Jeff Pritzl says revenue comes from license fees, while hunters spending money out of pocket during the season, and from hunters helping with population control.

Money raised from license fees allows the DNR to keep up on conservation work.

The year round efforts are looking bright.

"It is estimated that we are acquring 2.5 billion dollars a year from all hunting."

Pritzl added that the gun deer season makes up about half of the hunting licenses sold each year.

Deer population is also a factor. Pritzl says having a deer population that is not balanced leads to negative impacts on agriculture, forest and car deer crashes, all bad for the economic picture.

The DNR is estimating by the end of the 9 days, over 300,000 deer will be killed.

Over 600,000 hunters are expected to hit the woods starting this weekend.

SHAWANO, WI (WTAQ) - The First Family will have their Christmas Tree on Monday, and it is coming from Wisconsin.

Traveling with and presenting the gift, a tree farm owning family from Endeavor. Diane Chapman and her husband Jim will present the tree to First Lady Melania Trump as a prize for winning a National tree contest.

"It was really a high level contest and we did not expect to win" said Diane.

In fact, the Chapman's did not have a tree that met the Whitehouse height requirements, so they had to reach out to someone in their tree growing family.

Dan Hanauer of Hanauer's Tree Farm in Shawano answered the call.

"They came to us to source a tree that has been growing on our farm since day one."

Hauauer said the Whitehouse staff chose the tree, and now it is ready for the journey.

This is the third presentation for the Chapmans. 

They got to present a Christmas Tree to both President Clinton and President George W. Bush.

Dan said he is feeling the pressure to win the contest himself.

"My daughter wants to meet the President, so I guess I have to win the contest now."

While the Hanauer's did not win this contest, they consider themselves winners, as their prize tree will be the focal point of the Trump Family Christmas.

TOWN OF PIERCE, WI (WTAQ-WLUK) - Farms with thousands of cows are being blamed for declining property values in Kewaunee County.

That determination from the Department of Revenue is opening the door for residents to try to lower their property taxes.

However, some fear that could come with consequences.

Scott and Debbie Kliment. who live in the Town of Pierce, tell FOX 11 they can no longer enjoy their dream home like they did when they moved in 22 years ago.

“We can't even sleep with our windows open, not only because of the smell, but because of the noise.”

The Kliments say the smell and noise has grown along with the size of the cow herd down the road at Ebert Enterprises.

“It's one of the more depressing things,” said Randy Ebert of Ebert Enterprises. “You get categorized based on how many cows you milk or how many barns you have.”

With 3,000 cows, Ebert Enterprises is known as a CAFO, a concentrated animal feeding operation.

The Kliments believe the Ebert farm has caused their property value to plummet.

They decided to appeal the assessed value of their home after researching similar properties that had recently sold in the area.

“What we found was pretty shocking.” said Scott Kliment.

“We built up a portfolio of eight properties within a bicycle ride of here that did sell, after very long times on the market. None of them brought assessed value.”

The State Department of Revenue used the Kliment's appeal to study the issue.

It looked at 184 homes that were sold within the past three years. The homes were each located near one of the six largest CAFOs in or just outside Kewaunee County.

The Department of Revenue determined there was no impact on homes sold beyond one mile of one of the large farming operations.

However, it determined the CAFOs had adverse impacts on the selling prices of homes within one mile.

“There are consequences to living next to them.” said Debbie Kliment.

“At least the Department of Revenue realizes that now.”

In the written findings of the Kliment's appeal, the Department of Revenue wrote properties within a 1/4 mile of the studied CAFOs saw a 13 percent drop in value. An 8 percent drop was determined for properties between a quarter and one mile.

The Kliments fall within a 1/4 mile of Ebert's farm and had their assessed value reduced the 13 percent.

A spokesperson for the Department of Revenue tells FOX 11 “there is no such thing as a one-size fits-all designation here. Each assessed value appeal is carefully considered on its own merits.”

“I'm not saying we have to agree on everything.” said Ebert.

“I think there are some huge consequences if this precedence is set. It won't stop with farming. Today it's farming, but it will be the next thing after that.”

Ebert wonders what the impact could be on tax collections.

“Where will the money come from? Today it's farming, tomorrow it could be I live next to that bar or restaurant that there is cars leaving at 2 o'clock and even though they're zoned for that, we don't want that anymore. We want it reduced.”

Kewaunee County Administrator Scott Feldt says it is too early to tell if the county will be affected if more people challenge their property value like the Kliments did.

The Wisconsin Farmers Union believes this is only the second case in Wisconsin where a property's assessed value was dropped because of its proximity to a large farming operation.

OSHKOSH, WI (WTAQ-WLUK) - People lined the streets of downtown Oshkosh to get a good view of the annual Holiday Parade Thursday.

As floats and bands made their way down Main Street in Oshkosh Thursday groups of excited people, especially young people, watched from the sidewalks.

The Christmas spirit was contagious. Especially for the kids that spoke to FOX 11.

"Cause it's near Thanksgiving when it's not Christmas and I like Christmas a lot!" exclaimed Jacob Bowman.

Before the parade got started, Oshkosh had its ceremonial lighting of the Christmas tree.

Even though the city put up its tree Tuesday, others say it will be awhile before their trees at home go up.

"I think normally near December," Nicholas Bowman said.

"I think, probably, in December," Ava Botterman added.

Given that Thanksgiving has yet to pass, is it too early to start celebrating Christmas?"

"I don't really, generally, like the Christmas songs really early, but it's nice to get into the spirit early," William Bowman told us.

"If you start celebrating Christmas early it gives you more time to think of your Christmas list!" said Zach Bowman.

The spirit continues to grow across NE Wisconsin. Green Bay's Holiday Parade through downtown is set for tomorrow.

PESHTIGO, WI (WTAQ) - Plenty of excitement for hunters, as gun-deer season gets underway Saturday.

Mark and his group of friends spent the day before the season kicks off where they always do, at the Eagle Express Truck Stop in Peshtigo.

He says they're looking forward to a long day of relaxing in the woods.

"Before the sun's up and after the sun's down, we'll be sitting in the stands."

While the crew was together for breakfast on Friday, Larry says they'll be going their separate ways when they hit the woods on Saturday.

"Just the chance of being out there in solitude and just clearing your head and to relax."

At another table in the restaurant, Pat says he and his brother Tim are carrying on their own tradition.

"We've been coming up here for about 40 years now.  It's a big family thing to do hunting together.  This year, I think there's nine of us."

Tim says he was able to do some scouting when he was out bow hunting last weekend.

"We've seen 19 deer.  I've seen a real nice ten pointer and a six.  There's a lot of nice bucks out there, real tall horns this year."

When it comes to bagging that deer, Tim says it's all about patience...and a little something else.

"I go to church twice to make sure.  A little help from above don't hurt either!"

The season runs through November 26. 

As of Wednesday, more than 637,000 gun-deer licenses had been sold, down more than 13,000 from the same time last year. 

Hunters no longer need to tag their carcasses this year but still need to carry proof of authorization to hunt.  

Click here to find more need-to-know tips for this year's gun-deer season.  

GRAND CHUTE, WI (WTAQ) - Grand Chute Police is still trying to figure out what led to a woman being found unconscious behind a local restaurant.

Lieutenant Eric Freville says they responded to the Denny's on College Avenue late Thursday morning.

"Obviously we are still investigating and trying to discover leads, but there's no current leads that I am aware of."

Freville notes what first responders found when they arrived at the scene.

"She was not conscious but breathing.  Upon our arrival, she did regain consciousness, and she was transported to the hospital."

Freville was not able to provide an update on her condition and did not share any further details about the woman's identity.

"Upon arrival, we were also informed that the female subject was missing money that she had in her possession."

He also would not say how much money was gone.

At this point, Freville says he is not aware of any witnesses to what happened.

"We are going to continue to work with the victim and anybody else related to this incident." 

Anyone with information is asked to call police headquarters at 920-832-1575.

ROSENDALE, WI (WTAQ) - One worker has been sent to the hospital following an explosion and fire at a Fond du Lac County cheese plant.

Sheriff's officials say Knaus Cheese employee Travis Klotzbach was using a cutting torch around 7 am Friday when it happened.

Klotzbach is reportedly in stable condition, after suffering burns and broken bones.

Officials say the fire was contained to the building's auto shop portion, with minimal damage reported.

OSHKOSH, WI (WTAQ) - Prosecutors say a fatal Oshkosh shooting from earlier this month was an act of self-defense.

Court records indicate Nick Davis shot Cashmiere Hill as Hill was breaking into his 815 Waugoo Street home on November 5.

Davis says the person who broke into his house demanded money, possibly in connection with a social media post he made about winning at a casino.

Charges of Felony Murder (for reportedly causing Hill's death), Armed Robbery, and Armed Burglary have been filed against 28-year-old Tory Summers of Oshkosh.

Summers allegedly drove Hill to the home for the robbery.

The criminal complaint states:

"While lying down he said he heard glass breaking in the kitchen and when he went to go investigate he observed a black male trying to get into his house and at one point Nick said that the male had yelled over something to him in the form of, “give me your (expletive) money,” and fired a round at Nick, striking him in the wrist. Nick said at this point he fired back in self-defense, shooting off several rounds, the number that he thought was approximately eight rounds, and that he must have hit the guy cause he had fallen back into the stairwell and ultimately towards the door. Once the male had fallen back Nick said that he was able to call 911 as well as yell to neighbors after going outside yelling for help."

That complaint goes on to state that Summers told officers:

“When I dropped the dude who died off so that he could rob Nicky Davis he asked me if I was gonna be around and I said yes that I would be around to pick him up. I then drove over by Otter Av. And I then heard multiple gunshots in a row and it sounded like a small caliber gun and the shots got loud. The shots sounded like they were coming from the area of Nick Davis' house. I then left...”

Cash bond has been set at $500,000 for Summers, who has a preliminary hearing scheduled for November 22.

Felony charges of Armed Robbery and Burglary have also been filed against 21-year-old Stephon Harris of Appleton, who allegedly went to Davis' home with Hill prior to the incident where shots were fired.

Harris' cash bond has been set at $100,000.  His preliminary hearing is also scheduled for the 22nd.

Davis has not been charged, and no charges had been requested, at last word.

TOMAHAWK, WI (WSAU-WAOW)  32-year-old Eric Moen of Wausau has been identified as the suspect in a fatal shooting last night in Tomahawk. Police say he fled to scene and was captured early Friday morning at the Walmart in Lake Hallie.

He told police after he was arrested that he didn't know why he killed his friend, 52-year-old Charles Ramp inside a camper in Tomahawk last night around 6pm.  

“There's no way he can explain it, that's what he said. 'I don't know why I did it,'” police said Eric Moen told them after he was arrested in Chippewa County early Friday morning.

Moen left the scene immediately after the shooting and started heading west, police said at a news conference on Friday.. They wouldn't say where he was headed, only that he was arrested in Lake Hallie in a parking lot.

Alcohol and drugs do not appear to be a factor in the shooting.

“I'm not going to say he thought about it for days, but he thought about it for a couple hours, prior to coming up here,” Chief Al Elvins said.

Moen lured Ramp outside and onto the driveway by telling Ramp he was having car trouble, according to prosecutors in court Friday. They said Moen left the house after shooting multiple times. Ramp's wife and daughter were inside the home and one was injured from flying debris. They've been treated and released.

Officials said Moen ditched the gun on his way out of Lincoln County.

Moen is being held on $1-million bond.