Elkhorn shooting; person of interest in custody, but why no charges yet?

ELKHORN, Wis. - It has been one week since police arrested a person of interest in the Elkhorn bar shooting that left two people dead. The Walworth County District Attorney's Office has yet to file any charges. 

While the streets of Elkhorn are quiet, there is a growing memorial in honor of Emerson and Gina Weingart. It was nearly two weeks ago that someone shot and killed the couple at Sport Page Barr in downtown Elkhorn. The doors of the business remain locked – and the lights are still off. 

Emerson, Gina Weingart

Elkhorn police say a lead led them to a person of interest in the shooting. They arrested that person last Sunday, Feb. 4. After a week in custody, the man's attorney said he still has not been charged. In a statement, the attorney said "If (my client) was not on supervision, he would have been charged or released by now. So the delay can only be described as a deliberate stalling."

FOX6 News is not identifying the person of interest until he is officially charged. But it is important to understand why he can continue being held in jail without being charged. 

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While the man waits at the Walworth County Jail, FOX6 News dug more into his criminal background which consists of burglary, forgery, bail jumping and arson. The man spent nearly 25 years in prison for setting his ex-mother-in-law's home on fire in 1995. He received parole in 2020 and had since enrolled in Gateway Technical College. The man became a campus ambassador there in 2023. But since his arrest, the college scrubbed several of his videos from their platforms. 

FOX6 News reached out to the Walworth County District Attorney as well as Sports Page Barr. We have not heard back from either.