A 28-year-old man accused of scattering nails on roads and in parking lots last year, causing a swath of tire damage stretching from Grafton to Mequon, was found not guilty by reason of mental disease Tuesday.

Theodore Drazovic, who according to a criminal complaint told authorities he threw nails out of his car because he thought people were following him, pleaded no contest to five misdemeanor counts of criminal damage to property before Ozaukee County Circuit Judge Steve Cain ruled he is not responsible for his actions because of mental illness.

The judge’s ruling was based on a psychiatrist’s report and was not contested by prosecutors.

The case against Drazovic was the result of a lengthy investigation that was aided by a tip from a Grafton hardware store employee.

In late May 2020, police began receiving reports of nails — usually roofing nails sometimes in quantities of more than 100 — on streets in areas that ranged from the Mequon Fire Department to Lime Kiln Park in Grafton.

The Grafton Police Department alone received 48 reports of tire damage caused by nails totaling $7,200, although authorities note that many flat tires probably went unreported.

A break in the case came on Dec. 28 when, on the same day nails were found at the intersection of Lake Shore Drive and Donges Bay Road in Mequon, authorities received a report from an employee of Grafton Ace Hardware that Drazovic had purchased two boxes of nails that day.

Nails, which appeared to be new, were also found at the intersection of Lake Shore and Ravine drives in Mequon. 

Authorities, who secretly placed a GPS tracker on the Cadillac Drazovic drove after obtaining a court order, pulled him over on Falls Road in the Town of Grafton on Dec. 28 and found an empty box of roofing nails in his car, according to the criminal complaint.

Also found in his car was a box that contained or had contained five pounds of nails, which authorities determined Drazovic purchased from the Mequon Ace Hardware store on Dec. 28, the complaint states.

Drazovic initially denied being involved in the incidents, but during an interview on Feb. 5 he admitted he scattered nails on roads. He said he didn’t intend to damage vehicles but believed people were following him and threw nails out of his car window when he felt threatened, according to the complaint.

Drazovic was charged in February with a single count of felony property damage, but that charge was dismissed after his attorney, Brian Herro, argued that Drazovic can’t be charged with a felony because no single instance of tire damage met the $2,500 threshold for the crime. 

District Attorney Adam Gerol then charged Drazovic with five misdemeanors.

On Tuesday, Cain ordered conditional release, as opposed to commitment in a mental health institution, for Drazovic and instructed the Wisconsin Department of Heath Services to draft a supervision plan that will be reviewed during a Jan. 19 hearing.

Because Drazovic is not guilty by reason of mental illness, he cannot be ordered to pay restitution for damaged tires.

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