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Six-year prison term given to felon who sold guns in Dodge County

October 4, 2018

Kirk Bintzler appears in Dodge County Circuit Court on Wednesday during a sentencing hearing on gun charges. The 58-year-old Milwaukee man, also known as Kirk Lupton, was sentenced to six years in prison for possession of a firearm as a convicted felon.A 58-year-old Milwaukee man, who has served a quarter of a century in prison for state and federal crimes, was sentenced to the maximum sentence on Wednesday to possession of firearms of a convicted felon. Kirk Bintzler, also known as Kirk Lupton, is shown with his attorney David Anderson are shown during the sentencing.

JUNEAU — A 58-year-old man, who has served a quarter-century in prison for state and federal crimes, was sentenced to another six years Wednesday for being a felon in possession of firearms.

Kirk Bintzler, also known as Kirk Lupton, was found guilty of two counts of possession of a firearm as a convicted felon on Sept. 26 by Dodge County Circuit Court Judge Martin De Vries. Eight additional counts of possession of a firearm were dismissed but read into the record.

“I have little doubt if you are not incarcerated that you will be continuing your illegal behavior,” De Vries said.

Bintzler was sentenced to the maximum sentence of six years of initial incarceration and six years of an extended sentence. He has been in Dodge County Jail for 2½ years and was given presentence credit. In addition, Bintzler must undergo a mental health evaluation and participate in treatment and attend any other treatment recommended by his attorney.

Dodge County Assistant District Attorney Robert Barrington painted Bintzler as a career criminal who was going by a false name and was doing multiple crimes connected to human trafficking after taking advantage of a family in Reeseville. Barrington asked for the maximum sentence.

“Our office never had a case as aggravated as this one,” Barrington said. “I assert that the only time the public is protected from Kirk Bintzler is when he is in prison. If there was ever a criminal that deserved the maximum sentence, it is the criminal sitting here before you today. He lies, he manipulates, he threatens and he brings crime into our local community. To sentence him to less than the maximum would put the public at risk and seriously depreciate the wrongfulness of his crimes.”

The Dodge County Sheriff’s Office began investigating Bintzler before his arrest in 2016, believing he may have been in possession of a firearm as a convicted felon. According to the criminal complaint, Bintzler was convicted of theft by fraud and false statement in application in Milwaukee County in 1995 under the name Kirk Bintzler. He created an alias by obtaining identification with the name Lupton in 2009.

A confidential informant told officers that he had purchased five or six firearms from Bintzler over the last two to three years. Officers had the confidential informant purchase a .410 shotgun, a 9mm handgun and a 12-gauge shotgun from Bintzler on separate occasions.

Officers also made contact with two escorts who identified Bintzler as a client and said they saw Bintzler in possession of a firearm while meeting with him as a client. One of the escorts told officers that Bintzler threatened her with an assault rifle and accused her of setting up a robbery in Milwaukee. The escort said she feared for her life.

On March 18, 2016, officers interviewed a man who said he observed Bintzler provide crystal meth to a woman. The man said he discovered a video in which Bintzler forced the woman onto her bed, tied her to it and sexually assaulted her.

With the assistance of the Federal Bureau of Alcohol, Tobacco and Firearms, surveillance equipment was deployed on the property where Bintzler resided. The surveillance video shows Bintzler holding a pistol.

Officers executed a no-knock search warrant April 25, 2016, at Bintzler’s home. He was taken into custody for being a felon in possession of a firearm. He refused to speak to officers and requested a lawyer.

According to the criminal complaint, Bintzler was found to be in possession of a Kimber 9 mm, a Berretta Parabellum, a Black Submachine Gun, two Smith and Wesson M&P 15s, a Walther 22, a Remington 30-06, a Smith and Wesson 9mm and a Beretta 22.

Barrington said Bintzler was illegally engaging in arms trade and had sold several weapons to the owner of the Hardware Store, 942 Main St., Clyman.

During the sentencing, prosecutors displayed many of the weapons and ammunition Bintzler had access to in the Reeseville home.

Bintzler’s attorney, David Anderson, said Bintzler has spent a lot of time in prison and that he might benefit more from supervised release. Bintzler said he was in Reeseville to assist the family who lived at the home where he was arrested and that he has helped many people, which led to him being a target.

“I offered no resistance when I was arrested,” Bintzler said. “I put up my hands to make sure everyone was safe.”

“If there was ever a criminal that deserved the maximum sentence, it is the criminal sitting here before you today. He lies, he manipulates, he threatens and he brings crime into our local community.” Dodge County Assistant District Attorney Robert Barrington

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