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Two people formally charged following fatal Fond du Lac shooting

Charges were filed against Denell Logan, 30, and Callie Bender, 29, on Monday
Denell Logan and Callie Bender are charged in the death of David Posey in Fond du Lac on Feb....
Denell Logan and Callie Bender are charged in the death of David Posey in Fond du Lac on Feb. 5, 2021(Fond du Lac County Jail)
Published: Feb. 22, 2021 at 5:24 PM CST
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FOND DU LAC, Wis. (WBAY) - State officials say two people have been charged following a fatal shooting in Fond du Lac earlier this month.

According to Wisconsin Attorney General Josh Kaul, criminal charges were filed Monday against 30-year-old Denell Logan of Fond du Lac and 29-year-old Callie Bender.

Logan and Bender were charged following an investigation into the death of 39-year-old David Posey of Fond du Lac. As Action 2 News first previously reported, authorities say Posey was found bleeding from a gunshot wound after crashing the vehicle he was driving at about 2 a.m. on February 5.

RELATED: Apparent gunshot victim who crashed car dies; two arrested

A criminal complaint states Logan has been charged with one count of First Degree Intentional Homicide, Felon in Possession of a Firearm (repeater) and Possession of THC (Second and Subsequent offense, repeater). Court documents state Logan had previously been convicted of the felony Theft from Person in Fond du Lac County on March 11, 2011, and was placed on probation, which was revoked before being sent to prison on August 20, 2012.

Documents state Logan was released on January 7, 2014, and reincarcerated on June 2, 2015, before being released again on March 29, 2016. He was then reincarcerated on July 27, 2017, before being released from prison again on March 26, 2019.

Meanwhile, Bender has been charged with two counts of Straw Purchase of Firearm, one count of Aiding a Felon and one count of THC Possession. According to court documents, Bender allegedly furnished, purchased, or possessed a firearm, a 9 millimeter handgun for another person, intentionally - all while knowing the other person had been convicted of a felony - in the City of Ripon on or about January 6, 2021.

According to the criminal complaint, Fond du Lac police were called to the intersection of Sheboygan Street and South Marr Street at about 2:01 a.m. on February 5 for a crash. That’s where police found Posey bleeding from a gunshot wound to his left thigh, and was unconscious and unresponsive.

According to police, Posey had U.S. currency in his hand that later fell to the floor. Following a search of the vehicle later on, the total amount of currency came to $10. In addition, police say when officers collected Posey’s belongings at St. Agnes, a small caliber bullet was found at the bottom of the bag of Posey’s items. At the time, the bullet was estimated to be a .22.

Posey was taken to St. Agnes Hospital in Fond du Lac, but due to the severity of his injuries was later taken to ThedaCare Regional Hospital in Neenah, where he died from his injuries that same evening.

An autopsy of Posey was done by Dr. Adam Covach on February 8, where doctors found what appeared to be a .22 caliber entrance wound to his left thigh. The complaint states Dr. Covach reported it appeared the bullet traveled through Posey’s hamstring muscle and exited the left knee/thigh area, and possibly hit the femoral artery.

Based on a surgeon’s report, Dr. Covach stated the bullet hit the popliteal artery - a branch of the femoral artery - which supplies blood to the lower calf. Covach then stated that his preliminary ruling for the cause of death was homicide due to a gunshot wound.

Police state a witness reported hearing gunshots in the area of 5th Street and South Marr at about 2 a.m. on February 5, about five blocks from where Posey was found by police.

The complaint states surveillance video found in the 200 block of S. Marr St. showed vehicles leaving the area of 5th Street just before 2 a.m. on February 5, and nine loud bangs could be heard at 1:58:54.

In addition, officials say video obtained from Bright Orthodontics shows a vehicle matching Posey’s headed north on S. Marr at 1:55:30 that same day. Court officials noted the time stamp on the Bright Orthodontics cameras was about four minutes behind the actual time.

The complaint also states surveillance video obtained from ASTOP, located at 21 S. Marr St., shows a dark vehicle crashing into the east side of a building located at 51 Sheboygan St. at 2:00:11 a.m.

According to the complaint, during a search of Posey’s cell phone, police found messages between Posey and “Trapping James”, also known as Denell Logan, setting up a drug transaction at Logan’s home on February 5.

The complaint states that at 1:56 a.m., Posey sent a message to “Trapping James”, saying “Here.” Six minutes later, Posey missed a video chat from “Trapping James”, and there was no further communication located in Posey’s phone. Police add Posey’s last communication with anyone on his phone was with Logan.

Court documents go on to say that shortly after 9:30 a.m. on February 7, Logan and his girlfriend, identified as Bender, were stopped while driving together and were taken to the Fond du Lac Police Department.

After police say Logan waived his rights, he told them Posey came over to his home at 28 1/2 5th Street at some point on the night of February 4 into the 5 to “buy some crack.”

The complaint states Logan didn’t know what time Posey was there because Logan was “high out of my f****** mind that night”, and went on to say that Bender wasn’t home when Posey came over.

Police say Logan told them that Posey drove away and about 20 minutes later, he heard gunshots and got into his car and drove past the car crash. The complaint says Logan stated he drove past the crash scene again about 20 minutes later and everything was gone.

While questioning Logan, police again asked him what time the events happened, and he told police that Posey stopped by his home around 1:45 a.m., and that Logan was “high as f***.”

During the interrogation, Logan was asked about guns in his home, and the complaint states that he and Bender don’t have any guns in the home currently, and that Logan sells any guns that Bender buys. Documents say Logan stated he thought Bender bought guns from legitimate places, but he didn’t know, and also said he sold a gun to a person in Milwaukee to get rent money. Later in the complaint, it states Logan said if he found out who killed Posey, he would check himself into jail and beat that person up, and also offered the names of multiple people who he thought may have shot Posey that night.

While questioning Bender, the complaint states Bender first told police she wasn’t home the night of February 4 into February 5, stating she worked until 11 p.m. on February 4, went home afterwards, and didn’t remember what happened afterwards. After reading Bender her rights, police say Bender told them she worked from 3-11 p.m. on February 4, went to her parents’ house and then went to the home on 28 1/2 5th Street around 1 a.m. on February 5. That’s where she said she fell asleep around 2 a.m. before waking up around 4 or 5 a.m.

The complaint goes on to say after Bender saw video of the gunshots, followed by Posey’s car driving away from Logan’s duplex the morning of February 5, Bender said she didn’t want to talk anymore and requested a lawyer.

However, the complaint says Bender reinitiated contact with officials on February 10, and waived her Miranda rights. Officials say Bender then stated she hadn’t gone to her parents’ home after work on February 4, but instead went to the duplex of 5th Street, adding she was at home with Logan until Posey came over.

Documents state when Posey arrived, Logan got crack of Posey, and Bender said as soon as Logan went to get a bag for the crack, Posey punched Logan in the car.

According to the complaint, Bender stated Posey tried to knock Logan out before trying to rob them, and that Posey grabbed cash on top of a chest, saying she didn’t know how much he had grabbed.

Court documents say Bender jumped off the bed when Posey ran to the door and tried to get him to stop, and she said she jumped in front of him, however Posey grabbed her and threw her to the ground. Authorities say that’s where Logan tried to grab a gun, and went out the door and started shooting in the hallway and outside.

Bender then told police Posey was already out the first door and going down stairs when Logan “came around”, adding Logan shot two or three times while he was standing in the hallway before he went outside and fired more.

The complaint states Bender put a picture over one of the bullet holes in the stairwell, and police say they found the hole when they returned to the home on February 11.

The document goes on to say that on Saturday, February 6, Bender and Logan brought guns from their home to Bender’s parents’ home, located in the Town of Eldorado, and told them Logan’s probation officer was going to be at their place that day and needed to store the guns somewhere else. Bender told police she knew that law enforcement would “eventually” get to her home and that’s why she wanted to get the “stuff” out of her home.

While speaking with Bender on February 10 to clarify her account of the event, law enforcement again gave Bender her Miranda rights, which they say were waived.

According to the complaint, Bender told police that Posey didn’t have or use a weapon that she saw, and stated Logan had shot the .22 that night since they didn’t have ammunition for the 9 millimeter. The complaint states Bender told police she disposed the .22 casings she found on their stairs by flushing them.

In the complaint, police say they received a call from Bender’s father at about 9:45 p.m. on February 7, saying he had two guns that Bender and Logan dropped off at his home at about 11 a.m. on February 6.

According to police, Bender’s father had called to report Bender and Logan after finding out what was really going on after he had been told by Bender that Logan’s probation officer was going to be making a visit at their home at 12 p.m. on February 6.

Officials say they then went to the Eldorado residence, and found a black drawstring bag with two black gun cases inside - one being a .22 caliber handgun and the other a 9 millimeter handgun. In addition, police say there was also ammunition and other items inside the bag, which were logged into evidence at the Fond du Lac Police Department.

After searching Logan’s home in Fond du Lac on February 7, police say a plastic bag containing a green, leafy substance was found on top of a chest in front of the bed in the front bedroom. The substance was tested, and it came back positive for tetrahydrocannabinols, and weighed 16.2 grams.

Officers also found a fired cartridge casing on the steps leading up to Logan and Bender’s apartment, and another fired cartridge was found on the sixth step in the stairwell.

Online court documents state an initial appearance is scheduled for 10 a.m. Tuesday morning for both Logan and Bender.

State officials say the Wisconsin Department of Justice (DOJ) Division of Legal Services Assistant Attorney General Annie Jay is prosecuting the case. In addition, the Fond du Lac Police Department was assisted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives in their investigation.

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