The case against Michael Shawn Guilfoil, 64, formerly of Genoa City and now listed as a Lake Geneva resident, was dismissed on October 21, 2026, by Kenosha County Circuit Court Judge Jason A. Rossell. Assistant District Attorney Thomas Benno had requested an adjournment of the trial, defense attorney Michelle M. Gardner opposed the request, and prosecutors then moved to dismiss. Rossell granted the dismissal and ordered Guilfoil's remaining cash bail refunded.
The dismissal was without prejudice, which means the charge could be refiled. It was not an acquittal, and it was not based on a finding that Guilfoil was innocent. Court records reviewed in the case do not explain why prosecutors sought the postponement.
Guilfoil was first charged on September 29, 2025, with felony fourth-offense operating while intoxicated, following a September 26, 2025, incident in which Kenosha County deputies found his vehicle in a ditch along 93rd Street in the Town of Randall. Prosecutors later amended the charge down, and in February 2026 the court confirmed it had been reduced to a third-offense misdemeanor.
According to the original criminal complaint, deputies reported that Guilfoil's speech was slow and slurred and that he admitted having a few drinks. He refused field sobriety tests, and a blood sample was collected after his arrest. On October 1, 2026, the defense filed a motion asking the court to exclude the blood test results from evidence; whether that dispute played any role in the dismissal is not known.
Three related traffic cases from the same September 2025 incident remain pending in Kenosha County: citations for refusing a chemical test, deviating from a designated traffic lane, and driving without proof of insurance. Those traffic forfeiture cases are set for a status conference before Judge Rossell on November 10, 2026.
