CONVICTED: Amended charge for man accused of impersonating officer

WAUKESHA COUNTY (WITI) -- 27-year-old Gavin Gallitz -- a Wauwatosa man accused of impersonating a police officer in a bizarre incident that began after his girlfriend visited a New Berlin spa has been convicted of an amended charge in the case against him.

The court on Monday, May 19th agreed to amend the impersonating a peace officer charge against Gallitz to a disorderly conduct charge.

Gallitz pleaded no contest to the disorderly conduct charge -- and was found guilty.

Gallitz has been ordered to pay a fine of $267.60 within 60 days.

If the fine isn't paid, Gallitz must serve five days in jail.

Gallitz's girlfriend, 24-year-old Lindsey Smith of West Allis faces a disorderly conduct charge in the case.

She has a hearing set for June 27th.

A criminal complaint in the case says police were dispatched to the Epic Medspa on West Beloit Road in New Berlin on January 24th, 2014 -- where they met with a front-desk receptionist.

The receptionist told police that Smith had been there for an acupuncture appointment -- and had left without paying for services. The complaint says the receptionist told police after the appointment, she asked Smith how she was going to pay for the treatment -- at which point Smith told her insurance was supposed to take care of it.

The receptionist told Smith she was responsible for the payment, and says Smith kept making excuses, according to the complaint.

According to the complaint, the receptionist says Smith refused to provide identification and an insurance card -- and eventually called her boyfriend to come pick her up. The receptionist told police that while Smith was on the phone, she heard a male voice say she didn't have to pay -- and could just leave, according to the complaint.

The complaint says the receptionist told police she was going to try to work out some sort of a payment solution with Smith -- when she ran for the door. The receptionist ran after her -- and the receptionist says Smith attempted to hit her with a closed fist, according to the complaint.

The complaint says the vehicle took off at a high rate of speed.

The receptionist was able to find Smith's boyfriend's phone number on Facebook -- as the phone number was still on the business phone. The receptionist told police the main photo on Gallitz's Facebook page was of Gallitz, Smith and a young boy, according to the complaint.

Five days later, on January 29th, officers were again dispatched to the Epic Medspa for a threat complaint.

There, police again spoke with the receptionist, who reported receiving a series of phone calls from a blocked number. On the first phone call, no one spoke and hung up after five seconds. The phone rang again, and the receptionist recognized the caller to be Smith, according too the complaint.

The complaint says the caller identified herself as Lindsey Smith -- and the receptionist said Smith told her she had scratches on her neck from where the receptionist had tried to choke her -- something the receptionist says was clearly a false statement.

During the course of the conversation, the receptionist says Smith said: "I should have punched you in your (expletive) face," according to the complaint. Smith then told the receptionist she had a police officer there -- and the receptionist asked to speak with him.

The receptionist says a male voice came on the line -- and the receptionist says she asked him for his badge number and what police department he was calling from -- according to the complaint. The receptionist says the man refused to answer most of her questions -- but said he was going to come to the Epic Medspa and arrest her, according to the complaint.

The complaint says police met with Smith and Gallitz, and Smith agreed to give a voluntary statement.

She says she had gone to Epic Medspa for an acupuncture treatment under the impression that her insurance would cover the procedure. She says when she was done with her appointment, she called her boyfriend to pick her up -- and she says a few minutes later, she was told she owed $85 for the services, according to the complaint.

The complaint says Smith told police the receptionist told her she would have to bill her insurance company -- and she says she told the receptionist she had no other way to pay for the services until Monday.

The complaint says Smith told police by this time, Gallitz was already waiting in the car for her. She says she told the receptionist she was going to go out to the car to grab her ID -- and says the receptionist chased her -- grabbing her by the hood of her coat, causing her pain in her neck. Smith says she and Gallitz left in order to avoid further confrontation, according to the complaint.

The complaint says Smith admitted to calling the receptionist -- but says she couldn't remember what was said -- saying she has an anger disorder, according to the complaint. She says she called so that she could get information to file a report of her own.

Police spoke with Gallitz, who gave a statement of his own. He said he was waiting in the parking lot for Smith when he got a call from her saying the receptionist was demanding $85. He says he told Smith the receptionist couldn't keep her hostage -- and would have to just bill her for the services, according to the complaint.

Gallitz says when Smith exited the building, the receptionist grabbed her by the hood, before the two fled the scene, according to the complaint.

The complaint says Gallitz admitted to identifying himself as a police officer and asking for the receptionist's information when Smith called the spa after the incident. The complaint says Gallitz told police when the receptionist asked for his information, he hung up -- not wanting to get into any more trouble, according to the complaint.

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