Tony J. Patterson booking photo, courtesy of the Marathon County Sheriff's Department

By Shereen Siewert

A Wausau man who spent more than three years behind bars awaiting trial on arson charges was sentenced to time served in connection with a fire at the former Cabaret bar.

Tony Patterson, now 42, is one of two people accused of setting the fire in the early morning hours of Aug. 4, 2016 at Cabaret, 204 E. Rib Mountain Drive. The blaze was reported at about 5 a.m. and caused significant damage to the tavern, according to police. He is the first suspect to be convicted of arson in the case.

Patterson was a person of interest in the case early on after a bartender reported seeing him drive by the tavern several times one day after Patterson was booted from the tavern for fighting, police said.

A second suspect, Robert Hernandez, is also facing arson charges in connection with the blaze. Investigators learned that the car Patterson was riding in was allegedly owned by the girlfriend of Hernandez, and that the three would drive by on a regular basis in the days leading up to the fire.

Police said witnesses also came forward who saw Patterson with Hernandez shortly after the blaze began. Additional evidence was recovered that pointed to Hernandez’s involvement in the arson, according to court documents.

Robert F. Hernandez, of Wausau. Felony charges filed Oct. 12, 2017 include arson of a building without the owner’s consent.

Patterson’s case dragged on for years due in part to difficulties securing legal counsel. After one attorney withdrew from the case in August 2018, the public defender’s office contacted more than 50 attorneys before finding defense counsel to represent Patterson. Patterson tried unsuccessfully to have his $5,000 cash bond reduced but ultimately spent three years, eight months and four days in jail awaiting trial.

During a plea and sentencing hearing Jan. 25, Patterson pleaded guilty to arson charges. He was also convicted of criminal damage to property by use of a dangerous weapon, criminal trespassing and disorderly conduct in two additional cases. Circuit Judge Suzanne O’Neill sentenced Patterson to three years, four months and eight days behind bars, equal to time served. Patterson will also spend four years on extended supervision and is required to pay $3,500 in restitution to the former owner of Cabaret, which has since closed.

A probation review hearing is set for March 12.

A pretrial conference for Hernandez, 36, is set for Feb. 22.