Aug. 4, 2025 9:30p; Updated 8-5 with correct spelling of 'Gabriele'
(WGTD)---One of Kenosha County's most-experienced prosecutors announced his decision to resign around the time he apparently disagreed with his boss--the lesser-experienced district attorney--on how to handle a murder case.
It's not clear whether the two events are connected. Kenosha County District Attorney Xavier Solis did not return an email seeking comment. The prosecutor whose departure is pending, Drew Burgoyne, declined to comment at this time.
Solis, as an experienced defense attorney, was elected last November to replace the retiring Mike Graveley. Solis had no record as a prosecutor.
The case in question is a felony murder charge against Anthony Kanabay. According to court documents, the 31-year-old man got into a fight with Dustin Hogan above the Somers House Tavern in November of 2023. Hogan was found unresponsive and later died. The cause of death was due to "blunt force" injuries to the head. Kanabay was then charged with felony murder and bail jumping.
The trial was scheduled to be held last month. But Burgoyne, who as deputy district attorney serves as the number two prosecutor in the office, wrote a letter to the judge in the case saying he could not "ethically" proceed with the prosecution. That's because further investigation determined that a second man had also gotten into a fight with Hogan that night which ended with Hogan hitting his head on a table before falling to the floor.
A medical expert was unable to determine conclusively which blows had resulted in Hogan's death, according to Burgoyne.
In his letter to Judge Angelina Gabriele, Burgoyne said he planned to move to dismiss the murder charge and one of the bail jumping charges.
But at the next court hearing, according to online records, Solis showed up and asked Judge Gabriele to adjourn the matter so he could review the case and speak with the victim's family. The case remains on the calendar for a Sept. 23rd jury status hearing.
Burgoyne's pending departure continues an exodus of experienced attorneys from the office since the end of Graveley's term.
Defense attorney Terry Rose says he believes the departures are nothing to be overly concerned about. "It's just a transition period," Rose told WGTD. "I think it will work itself out."
According to a document provided by the district attorney's office in November of last year, the office had 19 attorneys, excluding Graveley. The office currently has or will have-- once the departures take effect-- a roster of about 11 attorneys, excluding Solis, assuming no additional hires take place in the interim. About 14 attorneys have left the office over the past seven months.
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