State of Wisconsin Circuit Court Waukesha County STATE OF WISCONS Nicole M Land N68w24837 Stonegate Ct #226 Sussex, Wl 53089 DOB: 08/1 1/1980 Sex/Race: F/B Eye Color: Brown Hair Color: Black Height: 5ft5in Weight: 169 lbs Alias: N.VS- Plaintiff, Defendant, DA Case No,: 2013WK004603 Assigned DAJADA: Kevin M. Osborne Agency Case No.: 813016467 Court Case No,: ArN: t,3cf 8T I,*,*ffitt't JuL 2 6 Z0\3 \! AUKËSHA C0, ç\ll[lin, r compraint Kevin M. Osborne, Assistant District Attorney, Waukesha County District Attorney's office, being first duly sworn on oath, upon information and belief, states that: Count 1: ARMED ROBBERY WITH THREAT OF FORCE, REPEATER The above-named defendant on or about Sunday, June 23, 2013, in the City of Brookfield, Waukesha County, Wisconsin, with intent to steal, did take property from the person or presence of the owner, Pick N Save, by threatening imminent use of force against another present, with intent thereby to compel the owner to acquiesce to the taking or carrying away of the property, and accomplished by use or threat of use of a dangerous weapon, contrary to sec. 943.32(1)(b) and (2), 939.50(3Xc), 939.62(1)(c) Wis. Stats., a Class C Felony, and upon conviction may be fined not more than One Hundred Thousand Dollars ($100,000), or imprisoned not more than forty (40) years, or both, And further, invoking the provisions of sec.939.62(1)(c) Wis. Stats,, because the defendant is a repeater, having been convicted of Retail Theft, contrary to Wisconsin Statute Sec. 943.50(1m)(b) on January 13,2012, in Waukesha County Case Number 2011CM000830; Retail Theft, contrary to Wisconsin Statute Sec, 943,50(1m)(b) on December 21,2010, in Milwaukee County Case Number 2010CM004999; and Retail Theft, contrary to Wisconsin Statute Sec. 943,50(1mxb) on November 18, 2009, in Milwaukee County Case Number 2009CM004071, which conviction remains of record and unreversed, the maximum term of imprisonment for the underlying crime may be increased by not more than 2 years if the prior convictions were for misdemeanors and by not more than 6 years if the prior conviction was for a felony. PROBABLE CAUSE: And prays that the defendant be dealt with according to law; that the basis for complainant's charge of such offense is: based upon complainant's review of the reports of Ofl'icers Pleva, Riederer, Oehlke of the City of Brookfield Police Department and Detective Bergin of the Waukesha Police Department, all of whom are police officers, and all of whom are believed to be truthful and reliable. Pleva's reports indicate that on June 23, 2013, at approximately 10:0'1 am, officers were dispatched to an armed robbery complaint that had just occurred at the Pick N Save Pharmacy located a 17295 West Capitol Drive in the City of Brookfield, Waukesha County, Wisconsin. Upon arriving at the 07126/2013
scene, Pleva spoke to pharmacist Betty Laberski. Laberski stated that a suspect, wearing a black hoodie with large sunglasses and carrying a large bright green shopping bag, had come into the store and come to the pharmacy counter at which time the subject handed her a note, This note reads verbatim: "This has be very very quick before the bomb I have inside my pants I have no problem throwing it into your pharmacutelis. Now to protect the life ad and [the and is crossed out] dangers around you I [something unreadable which is crossed out] need you 15 mg oxy codons We get these 30 mg oxycodone 80 mg oxycontin 3 thing to me less than 3 min the gun and bomb will not be displayed." Laberski indicated that the green bag was a green, almost florescent, Roundy's grocery bag. She described the subject as being 5 feet to 5'3", medium skinned, most likely Hispanic, with a scar on her lip which appeared to be dark colored. She states the subject stated in a real quiet voice, "l'm running out of time," and to "hurry up." Laberski indicated that in response to the note, she had provided the suspect eighty-four 30 milligram oxycodone tablets, sixteen 80 milligram Oxycontin tablets, and one hundred 15 milligram oxycodone tablets. Riederer's reports indicate that he did process the note, He indicates that the note was handwritten in black marker on white paper. The paper measured ten and one-half inches by eight and one-half inches and appeared to have been a piece of paper ripped from a spiral notebook, On the left side of the paper was a series of ripped horizontal spaces consistent with having been ripped from a spiral notebook. The note was hand printed on the front of the paper and there was nothing on the back, but the marker had bled through to the back. Oehlke's reports indicate that he subsequently contacted Detective Edward Bergin of the City of Waukesha Police Department. Bergin had indicated that he was investigating an armed robbery that had occurred at the Pick N Save Pharmacy on Silvernail and asked if Oehlke was investigating a similar robbery involving a female subject wearing a hoodie and sunglasses presenting a note demand Oxycontin and threatening to detonate a bomb, Oehlke indicated to Bergin that he did and informed Bergin of the nature of the robbery in question. He was subsequently informed by Bergin that in the process of confessing to the Waukesha Pick N Save Pharmacy robbery, that a suspect identified as Nicole Land had, in fact, also confessed to the robbery of the Pick N Save pharmacy in question on June 23,2013, in the City of Brookfield, Bergin's reports indicate that he was investigation a similar armed robbery that had occurred on at the Pick N Save located on Silvernail Road in the City of Waukesha, ln that incident, a woman, having a similar physical description to the one involved in the Brookfield robbery on June 23,2013, 01/26/20t3 2
had committed a similar robbery in that she was wearing a hoodie and sun glasses, she had on gloves, and she handed a note to the pharmacist which included a threat to detonate a bomb, and in doing so had demanded, and been given, oxycodone. Bergin developed a suspect in his case identified as Nicole Gulley Land, As a result Bergin went to Land's residence where he met with her, At her residence the door was answered by her daughter, and Nicole Gulley Land then subsequently came to the door of the apartment where officers were waiting outside in the hallway, They identified thernselves as police officers and asked if they could come in. She began waiving them in, Bergin asked again if it was okay for them to come in and she said yes and continued to wave them inside, They then entered the apartment and asked if Michael Land was there, Nicole stated that he was not, that he was gone and in Virginia at that time. When asked if they could look and make sure she did give them permission to search for Michael Land and he was not found at the apartment, While standing in the front part of the apartment between the kitchen and living room Bergin observed a gray hoodie and a black hoodie draped over chairs in the kitchen, lt was previously indicated that a gray hoodie was worn by the suspect in the Waukesha robbery. Detective Oehlke from Brookfield had indicated that the suspect in their robbery had worn a black hoodie. Nicole was then asked if they could speak to her in private so they would be out of ear shot of her daughter Bria. Nicole then invited them to the back bedroom so they could speak with her in private. Benitez and Bergin accompanied her to the back bedroom and upon entering the bedroom Bergin observed a small roll of duct tape on top of a radio that was on top of a night stand adjacent to the bed, Duct tape had been observed around the box that was propertied to be a bomb at the Waukesha Pick N Save robbery. It was explained to Nicole why officers were there. She was told they had spoken to a Jill Larson and at one point Nicole referred to Jill Larson as pill shopper. She stated that Larson would buy pills from whomever would sell them to her. She was unhappy with Larson because of incidents involving pills, She índicated in the past she has sold some pills to Larson. She did initially deny any involvement in the robbery at the Waukesha Pick N Save. She was asked if there might be any evidence of that crime at her apartment and she told the officers they could search her apartment, A consent to search form was filled out. ln doing so Nicole stated she goes by the name Nicole Gulley-Land. This was noted on the form. The form was read and explained to her. They asked to also search the Odyssey van. She then granted permission to do so. Bergin notes that there was a small safe on the floor in front of the night stand where the duct tape was located. She was told they would like to staft their search with the safe and she then opened the safe for Bergin. Bergin picked up the safe and placed it on the bed for ease of viewing and immediately noted that inside the safe was a blue sharpie marker and a black sharpie marker. These were on top of a beige-yellowish writing paper that appeared to be identical to the type of paper used in the Waukesha pharmacy robbery. lt was noted a blue sharpie had been used in that robbery to write the demand note. lt was also noted that a black sharpie had been used to write a demand note in the Brookfield robbery, The Brookfield note, however had been written on spiral bond notebook paper. Bergin upon seeing this indicated to Gulley-Land that he knew she was responsible for the robberies and at that point Gulley-Land did admit that she was in fact responsible for the robbery in question. When asked if the bomb was real she indicated that it was not. She explained that she had wrapped a box induct tape. When asked where the box was she indicated it was in the van. Nicole then asked if she could smoke a cigarette and she was allowed to do so. She then went into the bathroom and sat on the toilet while smoking. She then began to cry and asked if she was under arrest and going to jail and at that point because Bergin believed that Nicole thought she might now 07 t26120t3 3
be under arrest he did read her her Miranda rights. Gulley Land indicated she understood her rights and was willing to speak to him. Additionally, at that point a digital recorder was obtained and the remainder of her statement was recorded, ln this conversation Nicole indicated that she had owed Jill Larson some pills and that the two of them had come up with a plan on how to get some. Gulley Land explained that Jill had a friend who had robbed a pharmacy before and indicated it was easy to do. She indicates she and Larson then planned on how to rob the pharmacy, She claimed that it was Larson who wrote the demand notes while Larson was at Nicole's residence, Nicole indicated she had used duct tape and wrapped it around a cardboard box to make it look like a bomb. She indicated that the box was currently in her van but that she had taken the tape off and thrown the tape away. She stated that she also brought with her a black bag and she had on a gray hoodie. She said she was wearing camouflage hat, dark sweatpants and sunglasses. She stated that Larson was the one driving her van. She stated that Larson drove Gulley Land to the Pick N Save and that Gulley Land then went into the Pick N Save store and laid the note on the counter. She states the pharmacist got the Oxycodone and put it in her black bag she had with her. She stated she had laid the box made up to resemble a bomb on the counter. She states she put the bomb back in her bag when she was done. She states she got four little bottles of Oxycodone pills in both 1Smg and 30mg sizes, She states that they then drove up the street and they pulled over and that she gave the pills to Larson. Larson then drove her back to her apartment in Sussex and Larson then got into her own personal car and left the atea. She stated that Larson was to give her $1,000 for the pills. ln asking about clothing worn during the robbery she indicated that the gray hoodie that she wore was in the closet off the bedroom, Benitez did in fact recover this gray sweatshirt from the closet. While in the closet Benitez did see a lime green cloth like grocery bag which was identical to the one that had been carried by the armed robbery suspect at the Brookfield Pick N Save robbery. ïhis was pointed out to Gulley Land. At first Gulley Land denied she had done the Brookfield robbery but later admitted she had done that one too. She stated that she was depressed and had no reason to do it because she had her own medication she could use. She indicated in that robbery she was the one who wrote the note out for it, She stated that she had gotten the idea from Larson and a guy that Larson knew who had done these types of robberies. She stated that she sold the Oxycodone she got from the Brookfield robbery to Larson, She stated that she got approximately $500 from Larson for the pills she sold her. She stated that the rest of the pills in that robbery she had used for her own habit. When asked where the black hoodie was that she wore in that robbery she stated that it was the black hoodie that Bergin had already seen in the kitchen. She also stated that she used her Honda Odyssey van for that robbery too and stated that she was alone in that robbery and that Larson did not accompany her. ln the continuing search that Gulley Land had consented to several other items were found matching the robberies in Waukesha and Brookfield, The parchment paperwas recovered from a dresser drawer, Unknown prescription pills in unmarked prescription pill bottles were discovered. There were also several spiral bound notebooks recovered from the safe with a page ripped out of the notebook. This appeared to be the same style of paper that had been used in the Brookfield robbery, ln going through the red notebook Begin found a page which had black magic marker blots on it as if it had bled through the previous page. Gulley Land also pointed out the black sweatpants she had worn were in the dresser in the bedroom and two pairs were found in the dresser and confiscated, 07/26t2013
ln a search of the van a cardboard box was recovered. Upon looking at it closer it did appear to have tear marks on it that would be consistent with tape being pulled off of it. Next to this box was another roll of duct tape. On the front console was found a pair of sunglasses similar in appearance to the sunglasses observed on the suspect in the Waukesha Pick N Save surveillance video. ln the back compadment of the van was a white garbage bag and inside was a black nylon bag. lnside of the black nylon bag was balled up duct tape, purple colored latex gloves, and a camouflage hat. Also found in the white bag but outside of the black nylon bag was a black folding knife and a black and pink toy semi-automatic handgun with duct tape on it, Based on the foregoing, the complainant believes this complaint to be true and correct. Subscribed and sworn to before me an or filing on: thi of July,2013 omplainant istanvdep State Bar # KMO:mk EXT=CODE 1 0712612013