Saturday, October 31, 2020
Curtis D. Mallory IIIJustin L. Cutbank

Tomah PD ask Lemonweir residents, watch for pistol

Tomah police are asking residents in the vicinity of Lemonweir Elementary School to keep an eye out for a pistol that could be in the area after two suspects took officers on a brief foot pursuit. Officers initiated a traffic stop at approximately 2:05 p.m. on Jan. 25 when the suspect vehicle stopped in the driveway of a residence on North Glendale Ave in Tomah.

As the vehicle came to a stop the driver, 36-year-old Curtis D. Mallory III, of Babcock, reportedly fled from the driver’s seat and ran northbound. Shortly after he fled from the vehicle, Mallory allegedly discarded a vest in the backyard of 602 North Glendale Ave and continued to run northbound through the backyard before he jumped a fence and ran eastbound.

Officers were able to take Mallory into custody as he ran northbound on the west sidewalk of North Glendale Ave at the intersection of North Street. 

Meanwhile, a passenger in the vehicle fled from the rear, driver’s-side, passenger door. The fleeing passenger, identified as Justin L. Cutbank, 33, of Duluth, had fled eastbound across North Glendale Ave and continued eastbound just south of the baseball field at Lemonweir before he was apprehended at gunpoint. 

Neither suspect entered the main playground area of the school.

Mallory was found to have two servable felony arrest warrants, four sets of felony bond, one set of misdemeanor bond and he had a suspended driver's license.

Officers discovered Mallory allegedly had a pistol holster on his belt, however, he had conflicting stories about where the firearm was located. Officers searched routes Mallory took during the pursuit, but were unable to locate the firearm.

Officers reportedly located three counterfeit $100 bills on Mallory’s person during his arrest. In the vest that Mallory allegedly discarded, officers located a bottle of nighttime sleep aid. 

Staff at Monroe County Jail searched the pill bottle and reportedly found different types of medications including gabapentin capsules, which is typically a seizure medication; Ambien, buspirone hydrochloride, which is commonly used for anxiety; diphenhydramine hydrochloride pills, suboxone and a red gem bag containing a white, crystal residue. 

Mallory was charged in Monroe County Circuit Court with possession of methamphetamine as a repeat offender, resisting or obstructing an officer as a repeater, possession of a controlled substance as a repeater, possession of an illegally obtained prescription as a repeater and four counts of felony bail jumping. 

A $1,000 cash bond was set and he is scheduled for an initial appearance before Judge Richard Radcliffe on March 2 at 9 a.m. 

Cutbank was charged with resisting or obstructing an officer as a repeat offender. A $250 cash bond was set and his initial appearance is also set for March 2 at 9 a.m. before Judge Richard Radcliffe.

Tomah PD are urging parents to warn children not to handle any weapon that may be found and if they do find one they are asked to call 911 immediately. 

"We ask anyone with information about this case to contact the Tomah police department," said Lt. Eric Pedersen. "We also ask our citizens, particularly those who live near Lemonweir School, to speak with their children about firearm safety and what to do if they happen to find one. If anyone locates a firearm, please leave it where it is and call 911.”

Evans Print & Media Group

1302 River Rd.
P.O. Box 252

Sparta, WI 54656-0252

Office Number: (608) 269-3186
Fax Number: (608) 269-6876


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