Taylor Schabusiness (L) in a Brown County Jail mugshot, (R) in a court appearance (WBAY/screengrab)
The new defense lawyer for a Wisconsin woman charged with murdering and dismembering her lover while on methamphetamine and trazodone argued that a third-degree sexual assault count should be dismissed because Shad Thyrion was “not a person” under the law at the time of that alleged offense.
Taylor Denise Schabusiness, now 25, appeared in a Brown County courtroom as her attorney Christopher T. Froelich advanced the eye-popping argument that “there is no evidence” Schabusiness sexually assaulted Thyrion, 25, beyond statements she made to law enforcement while on drugs, a detailed motion obtained by Law&Crime shows.
“The defense argues that S.T was not a person at the time of the alleged incident as S.T. was deceased and therefore, Wis. Stats, 940.225 does not apply. The defense asserts that once the person is deceased, then they no longer are a person as defined under the jury instructions and statute – Wis. Stats. 940.225,” the unsealed motion said, bolding and underlining the argument.
The defense then questioned how Thyrion could have been sexually assaulted if his penis was cut off and he was unable to consent — because he was already dead.
“The State alleges sexual intercourse, yet the alleged victim’s appendage (penis) was apparently found separate from the decedent’s body. The decedent was not able to consent as specified in Wis. Stats. 940.225(3)(a),” the motion said.
The defense argued, therefore, that the “criminal complaint and Information is defective because there are insufficient facts to support the charge in Count 3 – Third Degree Sexual Assault – Felony.”
The Wisconsin third-degree sexual assault statute, 940.225(3), states that “Whoever has sexual intercourse with a person without the consent of that person is guilty of a Class G felony” and “Whoever has sexual contact in the manner described in sub. (5) (b) 2. or 3. with a person without the consent of that person is guilty of a Class G felony.”
The defense claimed prosecutors can’t prove sexual intercourse took place, under the strictest meaning of the term. They further claimed that there is “no evidence that the defendant intruded into the deceased’s genital opening (penis or anal orifice) as defined under the jury instruction,” again bolding their argument for emphasis.
“The defense asserts that there was an appendage (penis) that was detached from a body found on February 23, 2022 when law enforcement came to the home at Stoney Brook Lane. The defendant was not at the Stoney Brook home when police arrived on February 23, 2022 and the defendant was actually at the Eastman Avenue apartment on the date in question. There were apparently other alleged body parts found in a Jimmy Choo bag, alleged body parts in an Under Armour bag and in a Crock Pot box found in the Chrysler mini-van,” the motion continued. “The defendant apparently blacked out as she reported to police. The defense asserts and argues that it would be unlikely and almost impossible for any sexual assault to occur with how the dismembered body was found by law enforcement. The appendage (penis) was not attached to the body when it was found and the appendage was unable to function due to its condition.
The defense further asserted that testing of a dildo that was allegedly “placed into the anus” of Thyrion was “inconclusive for DNA evidence.”
In closing, the defense made their argument as clear as it could possibly be: “No sexual assault can be proven due to the penis being disconnected from the body that was found.”
“[I]t is impossible for the State to even be able show probable cause that a sexual assault occurred due to the fact that the body was found allegedly dismembered into many parts,” the motion reiterated.
According to the criminal complaint obtained by Law&Crime, investigators found the victim’s severed head in a bucket in a basement after Thyrion’s mother found the grisly scene at her Green Bay home. Schabusiness allegedly admitted to investigators that she went “crazy” during meth-fueled sex and choked Thyrion to death with the chain that was around his neck.
“Schabusiness stated she then began to choke the Victim, and she described it as the Victim lying face down on the bed with her on top of him pulling on the end of the chain. The Victim coughed up blood and she was just waiting for him to die while she was watching his face. Schabusiness made the comment that she was ‘already this far’ so she just kept on, referring to choking the Victim,” the criminal complaint said. “Schabusiness said in a lower tone of voice, ‘Ya I liked it,’ and Detective Graf believed her to be referring to when she was choking the Victim.”
“Schabusiness stated she thought it took 3-5 minutes for the Victim to die. Detective Kempf clarified with Schabusiness that when the Victim began to cough up blood she just did keep on choking the Victim because she wanted to see what happens. Schabusiness made comments that she blacked out while choking the Victim but when she woke up that the Victim was already purple, so she kept on going,” documents continued. “Schabusiness stated she enjoyed choking him and made comments to detectives asking if they knew what it was like to love something so much that you kill it.”
From here, Schabusiness told cops they’d “have fun trying to find all of the organs” she scattered around the scene, including the victim’s penis, authorities said.
“Schabusiness stated all of the body parts should be in the basement. Schabusiness stated there should be a foot or a leg in the minivan. Detective Graf asked Schabusiness what she did with the head, and Schabusiness stated she had put the Victim’s head in a black bucket and put a blanket over it,” court documents said.
The defense said that these statements “are going to be the subject of a motion to suppress hearing.”
Records show that the defense filed their motion on Wednesday, May 24, and prosecutors responded on May 26. A hearing was held Wednesday on the now-unsealed motion in Judge Thomas Walsh’s courtroom. The court docket says that Froelich argued on behalf of Schabusiness, while Caleb Saunders appeared on behalf of the state.
WBAY reported prosecutors countered the motion by saying that statute 940.225 “applies whether a victim is dead or alive at the time of sexual contact or sexual intercourse.” Another motion hearing was scheduled for June 13, records show.
Jury selection is currently set to begin on July 21, but there has been no shortage of delays in this case due to issues surrounding Schabusiness’ competency to stand trial and her attorney situation.
Schabusiness officially lost her previous defense lawyer Quinn Jolly in March when she inexplicably attacked him during a court proceeding, inspiring the attorney to promptly exit the case. Defense attorney Heather Richmond formally abandoned the case the next month, the court docket says.
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