GREEN BAY, WI (WTAQ-WLUK) — Taylor Schabusiness’ attorney says evidence seized from her apartment as part of the investigation into the murder of Shad Thyrion shouldn’t be allowed at trial because the warrant was faulty and the person named on the warrant didn’t have the authority to allow a search of Schabusiness’ bedroom. Prosecutors disagree.
Schabusiness, 25, is charged with first-degree intentional homicide, mutilating a corpse and third-degree sexual assault for allegedly attacking Thyrion last year. She has pleaded not guilty and not guilty by reason of mental disease or defect. She is scheduled to stand trial July 21.
After the murder at a home on Stony Brook Lane, police wanted to search her apartment on Eastman Avenue. But the search warrant only lists one man as the resident, even though she lived there.
“The defense asserts that law enforcement knew that the defendant resided at this apartment and yet they failed to include Taylor D. Schabusiness’ name on the search warrant. The defense seeks to suppress all evidence found in the apartment at 2352 Eastman Avenue – Apt. #1 in Green Bay because (a) police failed to get a search warrant for defendant’s bedroom, (b) police failed to name the defendant on the search warrant for the apartment and (c) police failed to get consent from the defendant to perform a search of the apartment,” wrote attorney Christopher Froelich.
But Deputy District Attorney Caleb Saunders replied Friday the search was legal.
“The warrant authorized a search of the entirety of the apartment for the items delineated in the warrant. It is constitutionally sufficient to delineate a specific apartment to be searched in a multi-unit building,” he wrote. “It is wholly irrelevant that Schabusiness was not named in the search warrant, because the warrant was not seeking “things” from her person but “things” from the Eastman Avenue property.”
The next motions hearing before Judge Thomas Walsh is scheduled for June 13.
Also expected to be argued that day is a defense request to suppress statements Schabusiness gave to police after the murder.
According to the criminal complaint, police were called to a residence on Stony Brook Lane early in the morning of Feb. 23, 2022. There, police found a severed head inside a bucket in the basement.
Schabusiness said she and the victim were using drugs, including meth, and engaging in sexual play, when the man was strangled. She then sexually abused him, dismembered the body and placed body parts in various locations in the home and a vehicle, the criminal complaint states.
“Schabusiness made the comment that at one point, she did get paranoid and lazy and that she thought it was the ‘dope’ that was making her paranoid,” the complaint states.
Police say they took Schabusiness into custody later on Feb. 23 at an Eastman Avenue residence.
