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GREEN BAY - The ex-prison guard accused of attacking a woman by calling her a derogatory term for LGBTQ+ people, throwing her into an active fire pit and attempting to strangle her was found guilty of two charges without hate-crime enhancers Thursday.

Shane Nolan, 32, of Green Bay, was charged with felony substantial battery and misdemeanor disorderly conduct. Nolan was acquitted of both hate-crime enhancer charges.

The maximum penalty for felony substantial battery is 3½ years of confinement, with 1½ years in custody and then two years in extended supervision. It could also mean a fine of $10,000 in place of or in addition to prison time.

The maximum penalty for misdemeanor disorderly conduct is 90 days in custody or $1,000.

Because Nolan was charged with both, he can potentially serve time on a consecutive basis for both crimes.

Dessiray Koss, 32, suffered third-degree burns to her upper right arm, as well as burns and injuries to her left wrist and chin. The injuries left permanent scars that cause Dessiray Koss shooting pain at random, a condition that may never go away.

The jury heard two days of testimony, with both the prosecution and defense resting their cases Thursday morning. Nolan chose to testify on his own behalf.

Sentencing is scheduled for 10:30 a.m. June 7.

One of the linchpins in Brown County District Attorney David Lasee's cross-examination was that Nolan was willing to lie to both his employer, the Green Bay Correctional Institution, and his girlfriend about the nature of his injuries in the aftermath of the incidents that night.

Nolan had called out sick from work the next day, falsely claiming he fell off his four-wheeler the night before. It's the same excuse he used with his girlfriend to explain his injuries.

"You're willing to lie to prevent something bad from happening to you?" Lasee asked Nolan during cross-examination, to which Nolan confirmed that he lied because he feared losing his job.

"Likewise, you don't want to be found guilty today," Lasee responded.

The jury deliberated for more than an hour before reaching its verdicts. Because this was a criminal case, the jury was required to come to a unanimous decision.

In their closing arguments, both Lasee and defense attorney Nila Robinson argued the truth is clear -- depending on whose arguments jurors chose to believe.

But using sound judgment on a night characterized by intoxication and a sudden violent turn is its own feat.

In his closing arguments, Lasee emphasized that, regardless of any inconsistencies in certain details, the key elements of the incidents on July 2 and 3, 2021, remained the same. The state witnesses who saw the incident testified that Nolan used derogatory slurs before throwing Dessiray Koss into an active fire pit and attempting to strangle her.

Lasee argued that the smaller details don't negate the outcomes of the evening. He implored the jury to consider their own experiences with trauma and whether they remember the minutia of those experiences.

Lasee argued Nolan's intention to harm a protected class comes down to Nolan using this homophobic slur and directing his aggression toward Dessiray Koss, the person for whom that slur would cause the most harm.

Lasee also pointed to Nolan's own admission that he was "black out drunk" and could only recollect select moments of the evening -- most notably, regaining consciousness during his scuffle with Dessiray and Danielle Koss. Lasee asked the jury to consider the convenience of recalling events only when they serve his innocence.

"There's a difference between being unable to recall details and intentionally obfuscating details, potentially preventing you from hearing the details that are not favorable to him," Lasee told the jurors.

Additionally, Lasee raised a reality that had come up multiple times during the trial: Dessiray Koss' distrust of the criminal justice system when it comes to her status as a member of the LGBTQ+ community.

He questioned what reason Koss, in that context, would have for upending her life and her friends' lives in order to falsely accuse someone who was a stranger to her.

"(Dessiray Koss) said she isn't comfortable with law enforcement, yet she's going to report a crime, come and sit in front of a jury just to get a guy in trouble who she doesn't know from Adam?" Lasee told the jury. "What on earth would be her motive to falsify this allegation?"

In her closing argument, defense attorney Robinson told the jury that, in fact, the inconsistencies within the state witness testimonies did matter. She described them as "a seamless, beautiful web," suggesting such an unfolding of evidence required a level of coordination and fabrication.

Robinson said those testimonies over the last day and a half looked nothing like the written statements captured nearly three years ago. What was true, Robinson said, is that the women involved used the preceding story as a way of justifying the fight in which they "pounded the holy bejesus out of (Nolan)."

Robinson said Nolan's testimony over the last day and a half has remained consistent with his written statement nearly three years ago.

Robinson also questioned why Dessiray Koss omitted the accusation that Nolan attempted to strangle her from both her written statement to the police nearly three years ago and her testimony. She also questioned why this injury wouldn't have been included in the doctor's medical reports.

Finally, Robinson noted to the jury that Nolan had a transgender colleague who worked with him at Green Bay Correctional Institution. Nolan's former colleague testified earlier Thursday to say he and Nolan were friendly at work, sharing stories of strength and overcoming challenges.

This story will be updated.....
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