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    This reads as if every cop on the force is a complete imbecile, which isn't true. In fact this illustrates just how incredibly corrupt our cops are.

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    This reads as if every cop on the force is a complete imbecile, which isn't true. In fact this illustrates just how incredibly corrupt our cops are.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    426 views46 pages

    Waukesha PD Federal Lawsuit Internal Investigation

    Uploaded by

    TimSeltz
    This reads as if every cop on the force is a complete imbecile, which isn't true. In fact this illustrates just how incredibly corrupt our cops are.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 46
    WAUKESHA POLICE MEMORANDUM To: Chief Russell P. Jack FROM: Deputy Chief Mark G. Stigler DATE: 03-48-11 SUBJECT: Request for an internal investigation ofthe Mark S. Schroeder Arrest (On 03-17-11, | reviewed the letter from District Attomey Brad Schimel to Captain Tischer regarding IR#1029896 (06-19-10), which was an arrest made by Officer LaFavor assisted by Officer Bauer. DA Schimel brings to light several issues that | believe warrants further investigation by the administration. The defense has raised issues as to why we destroyed potentially exculpatory evidence and is seeking to have the case dismissed because of our actions, | have reviewed all documentation, attomiey letters and supplements in the case and have found several questions that should be answered in this investigation: 4) Audio and video recordings by MAVRS of the incident were apparently destroyed after a request by the defense to preserve them. This may be contrary to 19.35 (8) "Record destruction. No authority may destroy any record at any time after the receipt of @ request for inspection,” and may be also contraty to 19.21 "Custody and delivery of offcial property and records." How and why did this destruction occur? Was tan error of omission or commission? 2) What remedial measures have been taken to address the issue uncovered in {question one with the employee(s) responsible (discipline or counseling)? 3) What changes have been made to the MAVRS SOP or what additional training has been done to ensure the destruction of this type of important evidence does not occur in the futuro? 4) Was there letter sent to Officer LaFavor by the defense attomey requesting the video be preserved? Is it part ofthe file? 6) Did Officer LaFavor have phone conversations with the defense attorney? Why was a patrol officer having these types of conversations with a defense attorney or direct interaction outside of the DA's office? Where is the report on these conversations since the defense is quoting our officer? 6) Was a PBT given to anyone at the incident and why was the result not recorded in a police report? 7) Why were no witness statements taken by any of our officers at the scene after the incident since several citizens watched and heard everything and were in full view of the event? The defense later took statements from them, 8) | understand the video was used for roll-call training before it was destroyed. Can it be retrieved through our IT department off ofa local dive? Also, since the audio/video evidence is now gone, every officer who watched the video could potentially be second- hand witness to incident. Who all watched the video? (Once these questions are answered, Captain Tischer should make contact with the DA to relate his findings so that a decision on the criminal case can be made. His finding should also be forwarded to the Chief for review and possible disciplinary action. respec Bees Deputy Chief Mark G. Stigler Dh Apart. CAs 2 Z J1BW: Aeon 70 capenns 27 em De poe WAUKESHA POLICE MEMORANDUM To: Russell P. Jack, Chief of Police FROM: Ronald J. Tischer, Captain of Police DATE: May 12, 2011 SUBJECT: _Intemal Investigation ofthe Mark S, Schroeder Arest (On March 18, 2011 | was assigned to investigate and answer several questions posed by Deputy Chief Stigler regarding an arrest made by Officer Ryan LaFavor on June 19, 2010. More specifically, | was tasked with determining why the Mobile Audio Video Recording System (MAVRS) video of the incident was no longer available. Synopsi On June 19, 2010 at approximately 2138 hrs Orfioer LaFavor was investigating a crash in the area of East Sunset Drive at S.1-H. 164. During the investigation the father (Mark Schroeder) of one of the persons involved in the accident arrived on scene. Schroeder refused Officer LaFavors lawful commands to stay out of the roadway and to not obstruct the investigation. Officer LaFavor was forced to physically restrain Schroeder. Schroeder was subsequently arrested for Obstructing an Officer and Resisting Arrest ‘Schroeder was transported fo WMH for medical treatment and later transported to the Police Department for processing ‘The video of the physical altercation between LaFavor and Schroeder was captured on Officer Bauer's squad camera and the audio was captured on Officer LaFavor's squad ‘camera microphone. The recardings were marked as “crash Investigation’. After 120 days the recordings were purged from the system. Officer LaFavor and Bauer boll had conversations with Schroeder's attomey. Both Officers told the attorney that they watched the video of the incident. The District Attorney's Office requested a copy of the recordings. Itwas at this time the recordings could not be located, Investigation: Interview of Officer Ryan LaFavor (On April §, 2011 linterviewed Officer Ryan LaFavor. Also present were Sgt. Wanner and Union Representation Officer Sandner. LaFavor was investigating a crash on the right of June 19, 2010. While seated in his squad car running license plate and driver Information on his computer, he heard someone yelling al # person to slay out of the road or they would get arrested. The subject yeling was one of the females involved in the accident. She was yelling at her father, Mark Schroeder who had arrived on the scene of the accident. The investigation was taking place at E. Sunset Drive at S.T-H. 164 at 2138 hrs. Traffic was heavy. LaFavor stated he got out of his squad to make sure Schroeder was going to get out of the roadway. Schroeder continued to ignore LaFavors lawful orders to get out of the roadway. LaFavor was forced to blanket ‘Schroeder's arm and escort him out of the roadway. Once they got to the median LaFavor felt resistive tension in Schroeder's arms and then Schroeder turned quickly. LaFavor feared Schroeder was preparing to attack him. {At this point the physical altercation to take Schroeder into custody ensued. The fight was occurring on the median with traffic flowing next fo LaFavor and Schroeder. When LaFavor had first encountered Schroeder, LaFavor stated he could detect a “strong ‘odor of intoxicants emitting from him". LaFavor stated he believed Schroeder was Under the influence of intoxicants, LaFavor sald he thought someone was going to give ‘Schroeder an Intoximeter Tast once he was returned to the station. This never happened, LaFavor said he classified the MAVRS recording as a “crash Investigation’ and saved it as evidence. LaFavor said he received a phone call and letter from Schroeder's attomey. LaFavor stated he told the attorney that there was a recording of the incident and that he had viewed it, The altorney sent LaFavora letter requesting a copy his notes/memos regarding the accident investigation, Officer LaFavor stated if he would encounter the same situation again he would not do anything different. Refer to the transcript of LaFavors interview for further information, Interview of Lieutenant Kevin Kober: (On April 12, 2011 | interviewed Lt, Kevin Kober regarding his involvement in the missing MAVRS Recording. Lt, Kober has been involved with the MAVRS system since its inception. Lt. Kober was responsible for researching, purchasing, and implementing a video and audio recording system for the squad cars. He was also responsible for developing a Standard Operating Procedure (SOP) and General Order on the usage of the MAVRS System. Lt. Kober is currently the system administrator forthe police department's squad cameras. As LaFavor's shift commander atthe time of the incident in question, Kober stated he reviewed the video and audio and felt the use of force was appropriate. Kober also stated thatthe video and audio were played for roll calls to be used as a training tool Kober stated that he is responsible to ensure that there is enough storage space to maintain records of the videos that are evidence and may be needed for court or investigations. He sald the MAVRS system was implemented in late 2009. Kober stated that when the system was Implemented It was dificult for many officers properly utiize the system. This was new to all officers. Kober stated that LaFavor had been marking all of his videos as evidence. This in turn created a significant amount of storage space being used up for LaFavor's videos that were not necessary to retain. Per the SOP, crash investigations are not normally saved as evidence. Even though LaFavor had marked the MAVRS recording in question as evidence, Lt. Kober stated LaFavor marked everything as evidence, Lt Kober went through all of LaFavor’s recordings that were saved. Lt, Kober unmarked the recording's that was labeled evidence that did not meet the criteria of the mandatory recordings that are supposed to be saved as evidence. Due to the large number and hours of video saved by LaFavor, Kober could not review each and every video before unmarking it as evidence. Each recording that is not classified as evidence is automatically purged off the system after 120 days of the intial recording. Since Kober unmarked the recording as evidence it was purged from the system. Per the manufacturer, once the recording is purged because of the 120 day standard it is impossible to retrieve, Please refer to the full ranscript of Lt. Kober's interview for further information Each use of force repor is reviewed by a supervisor to determine whether or not the ‘amount of force used was appropriate and justified. Officer LaFavors use of force report (IR 10-28896) was reviewed by Sgt. Wagner. Sgt. Wagner stated the use of force in this report was congruent with the MAVRS recording of the incident and was justified and reasonable. Please refer to Sgt. Wagner's memo for further information. Captain Dennis Angle was the CID Supervisor that reviewed and locked the report Cpt, Angle said he too had the opportunity to review the incident on MAVRS. Angle stated the report was very detailed and accurately documented a very dangerous situation. Please refer to Cpt, Angle's memo for further information, ‘On April 27, 2010 | interviewed Officer Amanda Bauer regarding the incident. She stated she originally marked the video as evidence. She was able to review the video ‘on several occasions. Her last viewing ofthe video took place on October 14, 2010. She stated she did not alter or change how she originally marked the video. Please refer to Bauer's memo for further information. Officer Bauer had originally classified her MAVRS recording as “Crash Investigation’ and saved it as evidence. When Lt. Kober was cleaning up the storage and saw this ‘rash saved as evidence he unmarked it as evidence, Subsequently the recording was purged from the system after 120 days. This is consistent with the other recordings that Were originally classified as “Crash Investigation” and saved as evidence in which Lt Kober unmarked them as evidence so they would be purged off the system after 120 days to free up storage space, ‘Syl. Kevin Rive was the shift supervisor on June 18, 2010. | spoke to Rice about the incident and he stated that he responded to the scene of the incident in question and ‘met with Officer Bauer. Sgt. Rice then met with the family of Schroeder to address any conceins they had. He tried to follow up with the family but they did not respond to the voicemail he left for them, Please refer to Sgt, Rice's memo for further information, While conducting the investigation | found two SOP's for the operation of MAVRS. The first SOP is dated June 6, 2010. The second and revised SOP is dated January 8, 2011. The SOP was revised by Lt. Kober specifically due to the LaFavor incident. Conelusior ‘The MAVRS recording from the incidents surrounding the arrest of Mark Schroeder ‘were purged off the system automatically after 120 days from the original incident. The recording was originally classified as a crash investigation and saved as evidence by both officer LaFavor and Bauer. A crash investigation is not normally saved for evidence. Lt, Kober reclassified the recording unmarking itas evidence. This in turn subjected the recording to the 120 day automatic purge. Lt. Kober did this to free up space so more recordings could be stored. Lt. Kober did not review the recordings prior ‘to changing how it was classified, Lt. Kober spent four or five hours reviewing the classifications of Officer LaFavors recordings. Due to the extremely high number of recordings marked as evidence by LaFavor, Kober unmarked all of the recordings that (FM? Fe 2 OPES NORE. THAT KEY ENDS bie DEE) b, boo Solem oF Colne WI sare O Atle PEN pa epee Aeros Hove rps plircte Yo tase Wa Domne Meee lie, FAR ROL Caprio Teale, pe rae SEMIN. FT Concur, TAS marten 2h Clash Chic$ «fan = Waukesha a COUNTY Sea Dns OFFICE OF Jes aah se Pe DISTRICT ATTORNEY sone ine ae February 14,2011 cry oF Gime Pelee Department POLIC 190% Delafield Steet Waukesha, Wisconsin 53188 iy) #28. 82011 i IRNo. 10-020898 " ECEIVE Dear Captain Tischer: ‘My office currently has charges pending against Mark S. Schroeder for resisting an officer relating fo an incident that oceurred on June 19, 2010. Ultimately, Officer LaFavor found it necessary to take steps to gain physical control over Mark S. Schroeder. When Mr. Schroeder resisted, Oar LaFavor had fo escalate his tactic, | am writing to you for several reasons, First, we may have run into some evidentiary issues. ‘According fo a letter we received from Mr, Schroeder's criminal defense attomey, officers at the Scene advised Mr. Schroeder and his wife thet the matter was captured by at least one squad ‘ideo camera. In a subsequent leler, the criminal defense attorney incicates that he spoke with Officer LaFavor twice on October 14, 2010. In the first conversation, he said that Officer (afavor advised hat Ofcr Bavors squad camera caught te en cident on video. The fatlomey indicates futher in is eter ‘nt ake Oca ase he eo nd Ofer La avoradvsed mma second phone cal ter that same day that he he Otfeer Baur hed revined the recording, and thal would be preserved. There Was sppareny ego an aud recorang ‘Assistant District Attorney Suha advises me that subsequent to October 14%, something happened, anc th ‘There is an additional evidentiary igsue. Itis not as serious, but it wil ikely create some embarrassment al tral. The eriminal defense attomey representing Mark S. Schroeder Informed our office thai his client reported having submitted {o a preliminary breath test during the incident ‘erence ete ream behtn yf he epes e> “Weeelved. At the request of the defense aforney, Assistant District Atorney Suna obtained 6515 Ws! Morland Boulovard« Room 05-72 Waukoehn, Wisconsin 3108-2408 ‘Pron: (262) 48-7076 February 14,2011 Page 2 ‘copies of the officer day book pages. Those pages do contain a reference to preliminary breath test result of 05, however, that test result not atributed to any parioular individual Second, itis my understanding that. 2 Stasi as baa io i be filed, in the near {Sire telave to ras repotecy sustained by Mark. Sehoeder during the cert. n the ‘Shure ofthe rvedtigaton no the potential i aweuk, a ttement wes taken fom a Christine fclaugnin the aver ofthe other vehi involved inthe motor vehi 1 The sininl Setonso aforey has provided us wth a copy of thal statment (Grins carta Wena elec ame Serf epee onc onrup interview with Ms. Loughlin fo ensure tat har words were being reported ‘ocura Sho eve the reprt om the cil storey’ fle, and inceated there were afew ‘hinge she would moa, however sho incated the statment was argo accurate | nave enclosed a copy of the December 28, 2010, letter from oriminal defense attorney Craig ‘Mastantuono, along with the witness statements that he attached with that letter. | also have included a copy of the memorandum from Waukesha County Sherif Detective David Witkowski relating o his folow up Interview of Christine MLaughiin, The tial that was to commence February 15, 2011, has been adjournad, sine the defense attorney has now fled @ mation to cismiss our case based upon That ‘motion hearing is scheduled for April 13, 2011, af 1.30 pm. Assuming the case is not cismissed,a jury tals set to commence Apri 26, 2011. | wil be frank. 1 am not sure anything goad can came of proceeding to testimony by the officers relating tothe destruction ofthe video tapes. It could result in the dismissal ofthe charges. At ‘best, twill result in an opportunity forthe defense attorney to gril the officers both about the dastruction ofthe recorcing and about the incident itself. {Lam contemplating simply dismissing the case againet Mr. Schroeder. Given that there is a civil fawsut pending, and because | think the defense is making exaggerated allegations regarding the conduct of an office, I want to make sure that the dismissal by my office would not result in the position of your department or the City of Waukesha being compromised in the civil matter. Once ih have haa chance fo reve the casa an he mata hae subd weld Distt Attomey ‘Waukesha County jad ‘enclosures Eimastantuono™ crv Mesessua LAW OFFICE se. Rebreea M. Cebbes Neney J Corbin fmt Coan Doce Atanas istic 's Office 515 W. Moreland Blvd, ‘Waukeslia, WE 53188 Re: aul 0 CM 001653, Resisting an Officer, Dear Attorney Suha: ‘This leter concerns the above-referenced case, which is curently scheduled fora jury status fearing on February 10°, 2011, and jury tial on February 13% 2011, before Judge Siling. Iam in receipt of your Ieter dated November 30", 2010, regarding my dis ust in this matte. Sai eee My office requested the squad video of this insident i: the Discovery Demand filed with the Court on September 1", 2010. Specifically, paragraph three of that Demand requests any video recording of police interaction with the defendant in this case. When that video was not transfered tomy office followed up witha written request for the video in letter to you dated October 12", 2010. Then, and particularly troubling, T reeeived a phone call from Waukesha Police Officer LaFavor on October 14®, 2010 in response to my subpoena for his memo books. During that conversation, of which 1 took detailed note icer LaFavor that I requested information pursuant to discovery, and asked him to preserve the video he reviewed. In 4 second phone cal that same date, Officer LaFavor advised tht he and Officer Bauer reviewed Officer Bauer's squad video, and that it would be preserved pursuant fo my request. Officer LaFavor also advised that he had an audio recording of the incident from his digital recorder, and ‘would preserve that as well. Now, Iam advised thatthe video was destoyed. Obviously, thi ‘Bhi, ancien a motion odsmis thi ase due ote Sines desucton ‘of exculpatory evidence. In anticipation of a hearing on that motion, T request that you advise whether the State is willing to stipulate to my conversation with Officer LaFavor, so as to avoid the necessity of my becoming a witness on this issue. Determination ofthat issue as soon as possible is greatly appreciated _ faimastantuono trai Assantvene | LAW OFFICE sc Rebeven al Cotter Waney b Corbi 1 also waite to advise that the defendant's witnesses in this matter will include the following people: Christine A. McLaughlin, Wauwatoss, WI Loti Schroeder, Wauvvatosa, WI ‘eanne Schrocder, Wauwatosa, WI Elliott Sawicki, Mukwonago, WI Jenny Schroeder, New Berlin, WI Pursuant to your discovery demand, I have enclosed witness statements for Christine MeLaughlin, Jeanne Schroeder, and Lori Schroeder. Review of these statements provides ‘explanation for my belief thatthe relevant squad video, now apparently destroyed, is clearly exculpatory evidence. I anticipate basing a motion to dismiss on the recent ruling in Stae v. Huggett,2010 WI App 69, 324 Wis, 2d 786, 783 N.W.2d 675, and filing it inthe early part of January, as [am on vacation next week. Please contact me directly, via email or letter, to discuss anticipated testimony of Officer LaFavor regarding his phane conversation with me, and his Department's subsequent destruction of this evidence. It would be beneficial to reach a ipulation concerning those matters. Yerevan lappa | mein, | Craigs | ‘some | cone. Enclosures ce: Mr. Mark Schroeder Criminal € Civil Triat Gitigatien ed ‘insomniac CORCORAN & KRAUSE, INC ATTORNEY WORK PRODUCT ~ PRIVILEGED INFORMATION File No: $1-43824 Requestor. Attorney Enc Daring 8-16-10 Seni, Daring & Erwin SCHROEDER, MARK S. Client: Mark Schroeder 2463 Noth 73° Street Date of Loss: 6-19-10 ‘Wauwatosa, Wisconsin 63213, Nature of Injury: rokan Ribs DOB S287 ‘Subject: Waukesha Police Department NESS INTERVIEW, CHRISTINE A. MCLAUGHLIN) |A. lengthy telephone interview was 12040 WEST POTTER ROAD * | Conducted with Chris an August 13, 2010. WAUWATOSA, WISCONSIN 53726 She was cooperative and articulate during 0.0.8, 12-23-49 this inqury, and seems motivated to assist TELEPHONE: (414) 771-747 in any way possible. She notes the error on 7 her date of bith on the “accident report and although her drivers license does give her fist name as Chris, she Foports a legal frst name of Christine. She is currently employed as a Field Researcher for the University of Wisconsin Schoo! of Madicine & Pubic Health, She has a colege degree {and ‘a litle more”. At the tme of the accident in question, she had just started at tis position. Her intial comments about this entire incident was that it was “very disturbing’ land she finds the reporting of the accident itself as “sketchy at best’ ‘Although twas clearly agrees and stated that our discussion would not invoive descriotions Of the automobie collision sell, she cid want to point out some concerns about the ‘accident report. Specialy, she Is concemed that the accident report include a ‘8 ale cid observe the accident and di Officar LaFavor. This gentleman was fist io approach her andthe other diver to check on physical condition, and seemed to be very knowledgeable and competent inthe handing of fhe scene. She later heard “by tumor” that this witness was an off-duty paramedic, which ‘she says was consistent with his performance on the scene. She described him asa white male, 20-40 years ol, standing approximately 58° in height, with a slender build. She | Believes he had dark hair and possibly amustache, buts not sue. She did net notice what Iype of vehicle he was criving. For the purposes of this report, he willbe identified as Niness At, She is not posite, but sho belevae witness A was stillon the sane when the incident in question occurred Her other concern about the accident report isthe fact that there is no indication that she performed, and passed, afield sobriety test, That fed sobriety test was not performed by Officer LaFavor, but By one ofthe officers who arived atthe scene after the incident in ‘question occurred. That wil be mentioned later inthis report. File No: $-49624 SCHROEDER, MARK S, Page 2 Chis also describes another male witness, referred 10 as “witness B° for this report Sitiness B appeared to be actively involved in the pizza delvery business, aithough she oes not remember the name ofthe restaurant. He was veryhelpful a the scene, because fhe ook charge of directing trafic around the vehicles. She remembers him as a white male Pitta tal. very thin build, with long hair, possibly in a ponytail, Sne KNOWS this wibyess hoke briefly ofcor LaFavor, and she believes that ne told him that he didnot soe the Sehioon tseltbefore slopping. She ig not certain, ut she believes tis possibly that witness 'B was sill on the scene when the incident in question occurred. Following the chronology of the events, Chris described the scene Immediately folowing fhe calttton, Both she and the other diver, whom she referred to as “the young gif’, both {otout of hei vehices almostimmediately and approached each other twas obvious that Frei wae upset and crying, and often repeated Imo sory’ Other than obviously being cet and shaken, she boleves that he gir otherwise acted appropriately for what had just regpened. She was initally concemed aboutinjures to Chis and otherwise was:nt acing inappropriately. Chris remembers that the git's boyfriend got out ofthe vehicle and was arn, but otherwise dd not engage in any discussion wih Chris. She remembers that pesca tains col phone right away. She and the git did continue a conversation very Potlyaexnowsedging tet they both had insurance, and they comforted each other wth an Cmorace, Beyond that inilal exchange, Chris reports that she did not have any other ‘pectic conversation withthe git “Chris believes that Officer LaFavor arrived on the scene in approximately five minutes. Setcee te ofcor arrived, another car arived atthe scene with two or three woman inside, bad Chris presumes thal these were people that were called by the gil or her boyfriend. They obviously knew the gi, and immediately went to her and offered comfort. Chris ct ot have a conversation with any of these gis. Officer LaFavor was certainly the frst ‘Ofer on the seene. Chris does not know the name of the second officer, although she was Certainly memorable because she was tall and blond. As hard as Chri tres, she cannot carl whether the female officer was partnered with Officer LaFavorin the same vehicle, put f not, she must have arrived at almost the exact same time. Officer LaFavor approached Chris and the gir During these frst few moments, he seemed {ibe acting appropriately and in control. He rst asked if anyone was injured, and ater orang that hath drivers were okey, he instructed that they step away from the vehicles, From fat point on, things changed. The officer asker! which peopre were actully in the ones af the time of the accident, When he learned that the girs who arrived on the rea parent involved, he told them to leave. The gis stated that they were reluctant to eave because they were relatives ofthe diver. Al that point, Officer LaFavor's demeanor Ghonged dresticaly, He became much more “excitable” and he snapped at them Gemrencing that they leave. The girls began moving, but admittedly sow'y. He became File No: S1-43824 SCHROEDER, MARK S. Page 3 even more angry and threatened to have them arrested. They did begin moving auicker, {and she believes that they continued approximately 50 yards away from the scene, but Fumnained on the roadside. Chris was conearned about how angrily he reacted to them, Since they weren't being disruptive or otherwise hindering the investigation, Officer LaFavor then went back to examining the accident vehicles, The gt iver was now ‘even more upset and erying because of the way the others had been treated by the office. Within the next few minutes, Chris observed a male subject arivng atthe scene, later to find thet he was the git’ father. She bolieves that he arrived alone. The dad started Crossing the intersection in their direction, and mado it to the median before Officer LaFaver shouted towards him words tothe effectof "Don't come nearer’, Chris remembers the gi! following thal up immediately by yelling to her father words tothe effect of “really, hel arrest you. Al tis point, Chris beleves that the father was between 25 and 80 yards ‘away from the scene. Although she is sue thatthe father neard these comments, he took ‘ne or two more steps toward the scane, and the officer responded by stating words tothe Sree a Teome re her, or lihave yu erested™ nresponse, Chis heard ater Ste nore to ie eet of Donte at me “That comment appeared to be “the trigger” according to Chris, and she was shocked as she watched the officer break ino @ full sprint towards the dad and was able to immediately {get him on the ground, She Believes the dad was ina prone position jeer began {o sti the father in away that caused her to reference the Sincait al happened so fas, she doesn't know exactly how many tes the father was struck, but She estimated that he was hit at least five times withthe officer's fists, and at least ive times withthe officer's feet. She believes this assault lasted only a matter of seconds, and certainly less than a minute. As the assault occurred, she observed the female officer Guickly moving in the same direction. Sho believes that oficer was calling for backup help Ghrhet mobile radio unit as she continued over to Offcar LaFavor. As soon as she got there, the “kicking anc hitting stopged”. She does not believe the female offcerhitor kicked the dad, but she did place her weight on the dad in concert with Officer LaFavor. Other than ‘what eppeared to be instinctive effort to protect himself, she did not observe the dad resisting in any other way, and was subdued quickly. During this event, she remembers hearing other witnesses, possibly the gi driver and her relatives, shouting words tothe officers tothe effect of ‘She assumes that handcuffs wore placed on the dad, but she does not ‘SHOE romeroraoolng tha occur She aso does nt remamber I Offeor LaF vor had anything as a weapon, ike a baton Nashlight, or pepper spray."It happened so fast’ Re-confiing who was there fo witness ths event, Chris identified hersel the driver anc her boyfriend, the two or three women who identified themselves as relatives, the victim, File No: Si-43824 SCHROEDER, MARK S, Page 4 ‘and the two Police officers, Again, she is not absolutly sure whether witnesses A and B ‘Were sil present, but she “wants to belive" that at least witness A was stil tere. She remembers that oth officers cnntinuad te restrain the dad, “They both sat on him unt Suppor arnves™ She befeves thatthe next officer arrived at the scene in nomore than to ‘minutes, followed by a second patrol car within seconds. She snot positive, but she thinks ‘even @ third patrol vehicle may have arived. From that point on, she believes that the female officar maintained contact with the dad, ‘within afew moments, she recognized that Officer LaFavor had been “separated” from the Scene and surrounded by other oficers some distance away. She was too far away to near any of their conversation, and that's where Officer LaFavor remained curing the restof the time that Chris was on scene and the female officer tonded tothe father. \While that was occurring two Police offers came over to Chris and the other driver. One officer concentrated on the gi, and Chris did not monitor that interaction. She was busy vith the other officer, who “took her aside”. Although the officer did identify himself to her, ‘he does not recall his name at all, She was generally satisfied with his behavior, and believes he acted appropriately and professionally. She remembers one ofthe frst things the officer stated was words othe effect hat "You seem shaken". In response, she statoc that she had just bean in an automobile crash, her vehicle was totaled, and” just saw an officer beat someone up". The officer than asked her something to the effect of "Are you Strad of these people?” Chris states that he was motioning towards the gi diver ang her relatives. in response, Chris slated words tothe effect of No, m afraid of Oficer LaFavor, ‘and you for that matter. As part of routine questioning, the officer asked her f she had been drinking. She admitted to having a glass of wine atthe fundraising event she was Coming home from. He advised her that he needed to have her perform a field sobriety test, ‘which she stated added to her embarrassment and foelings of infmidation, but sl had 0 do it {and "it allergy seas ‘was upset “The officers continued thelr investigation, which lft Chis ancithe olner driver in somewhat close proximity to each other, approximately 12’ apar. She states that they were not talking ‘or otherwise engaged in any conversation. One of the other officers on the scene then {alled out to the officers who had been addressing them, "You better separate them’ Obviously, Chris saw no reason why they had to be separated, other than suspecting that they ent want them to discuss wnat they had seen. Chis fel furtherhumiliaton when she "as placed in the back seat of a squad Car, A short time tate, the officer who had been interviewing the gi came over to Chrs in the squad car, and asked a number of routine ‘questions related to the accident. She was never asked, nor cid she ever say anything File No: si-43624 SCHROEDER, MARK 5, Pages about the assault, other than her inal comment o the new officer on the scone that she had just seen "Two tow tricks arived a the scene and began scaring the v vie wae ‘tthe stud ear, and was tod that she was {feo to leave the scene. She asked if she needed any type of paperwork related to the {Jocident, and the oficer just stated that she should call the Police Department fora report ine fow days. Chris then left ie scene as @ passenger in the tow truck that was hauling her vehicle Cis also related that she had called her son on her coll phone fo et him know what had appened. and he wes anxious fo come tothe scene fo Neip her. She adamanty advised Fhrn'notto.come there, for fear that he would face the same fate asthe dad. She just tld Fim to wait untl she called him again, When asked to puta timeframe on this whole event, (Chris stated thatthe tme between Officer LaFavor inal artving onthe scene, unt Chis [eft the scene inthe tow truck, was between 25 and 30 minutes. She believes that Oficer [aFavor was sll on the scene when she leftin the tow truck, but again, he did not actively participate in the scone sinca the backup officers arrived. Chris does notrememier seeing ny offeere on scene that were in obvious positions of authority. To her, they just all appeared fo be pao officers, though she was not paying attention to any sign of rank ‘She ae also surprised to see that there was absolutely no Fire Department response, although she admits that she doesn't know if the ambulance was operated by the Fire Bepartment or not. She would have expected that Fire Deparment personnel would have Jed to an accident of this nature, As a side note, she stated that Officer Very disturbed by what she saw, Chris stated that she discussed this incident witha friend others whe has some knowledge ofthe Waukesha Police Department. Chris asked him She should report her observations tothe Police Chief, and that friend advised ner not to, Sd that if she was going to report it to anyone, she should “save it forthe Fire & Police Commission". Chris also dia ite searching on her own, and was surprised to see that Officer LaFavor is a 10-year veteran of the Police Department, sinco she thought his sGtons were a sign of immaturty, She also saw that Officer LaFavor's fatner is employed by tie Shorts Department, (This investigator has personal knowledge that there is & Sergeant LaFavor in the Waukesha Sheriff Deparment, who isin charge of Courthouse Security) Chris certainly sees tis inquiry as an opportunity for her to expose the shocking behavior tat she had observed, and stated that she is wiling to “lve a deposition or ign & Pitement™ To date, no one else has contacted her regarding this incident, other than Standard insurance inquiies related to the aulomobile accident itso. SuPiams File No: $1-43824 SCHROEDER, MARK S. Pages mimastantuono ie sense LAW OFFICE Rebeven M. Cotter Kanes J. Cor MEMORANDUM. To: Attomey Craig Mastantuono; File, From: Marcus Ruiz, Investigative Inter, Mastantuono Law Otfice, 8.C. Re: State , Mark S. Schroeder, Waukesha Co Case 2010 CM 001653. Date: October 8%, 2010, Pages: 3 Worms woeder 2UGEN. 73" Sk ‘Wauwatosa, WI 53213 (On October 8th, 2010, I spoke with Lori Schroeder at Mastantuono Law Office regarding the incident that occurred on Saturday, June 194, 2010. Loti Schroeder is Mark Schroeder's wife, and on Saturday June 19! 2010 Lori and her husband ‘were attending a Gradkation party for her niece and cousins daughter when they received a ‘hone call on Mark’s eell phone around 9:38pm fiom Jeanne Schroeder (daughter) stating that ‘he had just been in an accident on Hwy 164 and E Sunset Dr. in Waukesha, Wisconsin, Lori and ‘Mark immediately told everyone they had to leave, and Lori proceeded to drive Mark's truck because she had not consumed any alcohol that night. Lori and Mark approached the scene of Jeanne's accident and sav immediately that there were several police vehicles inthe intersection blocking traffic, Lori and Mark who were very worried parked inthe Speedway gas station Northeast ofthe intersection next to their nieces ear who had ‘Come to check on Jeanne as well, Jenny (niece) walked up to Lori and Mark as they exited their Vehicle and told them that the “Cops are acting crazy” and “He chased me off” refering fo the male officer. Lori and Mark worried about their daughter, because they reesived no answers from Jenay due to the fact she was not allowed near the area, began to walk to the Northeast part of the intersection to check on Jeanne. Mark was walking inthe grassy area ahead of Lori they Sill did not have a clear view of the seene ofthe accident, and Mark reached the median of the Intersection where pedestrians wait to cross, Lori was on the grass next to the intersection When Mark stepped off the median and began walking to scene of the accident in the intersection Jeanne screamed at Mark and said, “Don't come or they will arrest you!” Mark puzzled took a couple steps back to get back on the median as the male police officer began Jelling a him "Don't come or Il arrest your” Mark standing on the median next to the Hight pole began saying tothe officer “That's my daughter.” The male police officer continued yelling it Mark "Get out of the intersection!" Mark confused because he was on the median said, “Why fre you yelling at me?” the male officer while yelling at Mark in a quick burst (sprint) went up to him and within seconds without trying to speak to Mark or escort him he had one of Mark's anm’s behind his back and had swung him around and threw him on the floor; Marks body was Slammed three times onto the floor as the male officer was trying to get both arms behind his ‘back (since he had only grabbed one in the beginning). Mark then was lying on the floor in pain and yelled to Lori “Cal a lawyer!” Lori hortified and in shock responded “I don’t know what t0 | ‘tune 3908 criminal & C194 Teal Litigation famastantuono" Gag athe LAW OFFICE sc Keberen a Cob} do ot who to call” Lori's response was due to the faet thatthe people she would call for help ‘would be the police, bt in this situation they are the ones Lori was aftaid of, Lori watched in horror, Mark was lying on his side with his arms behind his back facing Lori as she stood helplessly from the grass and saw the male officer in complete control on his knees holding “Mark's arms behind his back kneeing Mark in his back inulipl times and also punching him in his back and side abdomen area, Lori in shock watching her husband getting hit multiple times as he is erying out in pain began yelling “Please stop!” and, “Why are you doing this?” and to [Lori's horror then saw a blonde female officer run up to Mark, on the front side of his tuxly (Male officer was on his backside kneeing him in his back while Mark was lying on the let side of his body) and kicked Mark twice, got down and began hitting Mark in the chesVabdomen ‘area, Loti and her nieee Jenny ina state of terror were both pleading to the police officers to stop fand Jenny was also yelling, “please stop", but nothing deterred the officers from stopping. During this time Mark had yelled to Lori “Don't come out here! scared for his own wife's safety of what might happen to her. More officers arrived onto the scene and got to Mark and the two officers who were hitting him, The newly arrived officers immediately separated the two officers ffom Mark and took contol of the situation, Several to Lori and Asked her “what just happened here?” Lori responded “I "0 ‘rin somating oth Tae ‘took Lori and Jenny's statement and information. ‘Mark was sill lying onthe floor until the ambulance arrived which was only several minutes later, Lori was not able to see him getting put into the ambulance but heard is cries of pain as they were moving him around to get him into the ambulance to take him to the hospital. Lori was informed that her husband would be taken to Waukesha Memorial Hospital and was being arrested. Lor still in shock was asking several of the officers “what is he arrested fox” but rno one could give Lori an answer, Jenny in shock wasn’t feeling well and had to go the Speedway gas station bathroom to throw up because of what she had just witnessed happen t0 her uncle, Lor also terrified went to the bathroom because she was ina state of shock and didn’t feel wel. Lori returned and met with her daughter who also was eying and upset about the entre situation and they got everything sorted out such as where Jeanne’s ear was going to be towed tnd making sure all information was taken. Once Jeanne’s car was towed; Lori, Jeanne, and Elliot (Jeanne's boyfriend) followed Jenny tothe hospital. Once Lori and her family arived to the hospital they were told they wouldn't be able to see Mark, Set. Rice would come frequently to the waiting room, pull Lori aside and speak to her to keep her updated. Lori asked “what is he being arrested for” but he still didn’t have an answer. Sat Rice asked Lori far Mark's drivers license which Lori did not have. They both went outside to Mark's track and found it Lori gave it to Sgt. Rice and both re-entered the hospital. Lori asked Spt. Rice what to do, of what to expect, because rothing lke this had ever happened, Lori asked things such as “Do I have to bail him out?” Sgt. Rice informed Lori that he had spoken to the D.A. and no bail would be posted due to the citcumstances of this incident. Set. Rice also told Lori that Mark was still going to be in X-Ray for another hour and a half and then at least ‘another houe atthe police station for booking. AV this time Lori exhausted and frustrated made the decision to take her family home so they could rest. Sgt Rice gave Loti his eard and told her that the D.A, would call her on Monday. Lori and her family got home a little after 1:00am. ‘Around 2:15 am the police called Lori and informed her that se could come to the police station Criminal € civit Trad Litigetion fimastantuono" a LAW OFFICE sc Kedecea th Colfer Naney J. Corbin to pick up Mark, The police informed her that they had trouble transporting Mark due to bis injures and pain and advised her to bring her Buick sedan not the truck, so he could be more comfortable. Loi picked Mark up fom the station and had problems getting Mark in and out of their vehicle due to his pain and arrived back to their residence at around 3:30am. ‘The D.A. never called on Monday End memo. fimastantuono” ees LAW OFFICE Kebveew M. Cott Wawes J. Corbin MEMORANDUM ‘To: Attorney Craig Mastantuono; File From: Marcus Ruiz, Investigative Intem, Mastantuono Law Offic, S.C. Re: State v, Mark S. Schroeder, Waukesha Co Case 2010 CM 001653. Date: October 84, 2010. Pages: 2 Bot NBS ‘Wauwatosa, WIS3213, D.OB. 08/26/1991 (On October Sth, 2010, 1 spoke with Jeanne Schroeder at Mastantuono Law Office regarding the incident that occurred on Saturday, June 19", 2010. Jeanne is Mark Schroeder's daughter, and on Saturday June 19", 2010 Jeanne and her boyfriend ‘were coming fom a movie to pick up Jeanne's cousin from Lawns Dale Dr. in Waukesha, Wisconsin, At about 9:30pm while turing from Hwy 164 to Sunset Dr. right in the intersection Jeanne was ina severe eat accident, Jeanne immediately called her parents to tll them what had just oceumred and then proceeded 10 call her cousin and also inform her about her situation, Jeanne and Elliot (Jeanne’s boyfiiend) exited the vehicle and Jeanne, while very shaken up, went to the other vehicle in the accident to make sure everyone was olay. A woman named “Chis ‘met Jeanne and they spoke, contforting each other assuring to one another that everyone was ‘okay and that they both had insurance. At tis time bystanders were helping at the scene, such as ‘an off duty paramedic making sure everyone was okay and belping direct traffic. Two officers arrived in separate squad cars several minutes apart. Jeanne noticed right away thatthe offers had a certain demeanor and “attitude” about them. Jeanne’s cousin, Jenny, had arrived to the soene and patked at the Speedway Gas station, which was on the Northeast comer of the intersection, Jenay began to walk tothe intersection to Jeanne and the male police officer a the svene began sereaming at Jenny to leave and said “I'm going to arrest you for obstructing a seene.” Jenny tried to tell the male police officer that she was Jeanne’s cousin and was only interested in finding out how Jeanne was doing, but the police officer continued to yell ather and Jenny frustrated walked back to the Speedway gas station parking lotto her vehicle. Several minutes later Jeanne’s parents, Mark and Lori Schroeder, arived 10 the scene, They parked atthe Speedvvay gas station, and then walked down the grass ftom the parking lotto the intersection, Lori was on the grass and Mark was at the median atthe intersection next to the light pole, and the male police officer yelled “stop or I'l attest you for obstruction!” Jeanne yelled at he fate atthe wl anes in and Mak cn te median si T's my dai ying a at a Father and wanted to check om his cid. Mark a the officer“ “The male offcer still sereaming at Mark made a fast ‘movere; ‘and grabbed Mark by the arm, swung him around about three times and threw hhim onto the floor, where Mark tried to break his fall wth one arm. Mark was lying on his side Criminal & Civtt Trial kitigation —___ | ‘ule con famastantuono" Pear eceetiey LAW OFFICE nc ebecea M, Cel}ee Nawey feorben ‘and the male officer was on Mark's backside thrusting his knees into Mark’s back. Jeanne was sereaming, “My dad has back problems!” and “He had back surgery, Please Stop!” At this time a blonde female officer ran up to the front side of Mark’s body and kicked him two times, got ‘down and began hitting Mark in the body. Jeanne was stil yelling atthe officers “Please Stop”, ‘and could heat hr father's cries of pain and him asking the officers to “please stop”. Mark was handeutffed sometime during the time he was on the floor and within minutes other police officers were on the scene and taken control ofthe situation, Mark was on the ground until the ambulance arrived which was shorly after. ‘The officers dht arrived had! ll the infursuaion dey needed from Jeanne already, and did not speak to her or need anything else from her at that time. Jeanne shocked and scared of what had just happened to her father went up to the grass to be by hher mother. ‘After everything was taken care of at the scene of the accident, Jeanne, Eliot, and her mother ‘went inher fathee's truck tothe hospital, where Jeanne spent the time in the waiting room talking to the claims adjuster on the phone also waiting on news ftom her father. End memo, scene! COUNTY pects aoa OFFI oF en ser DISTRET ATORNEY ae MEMORANDUM To: ADA Tin une FROM: Det. David B. Witkowski DATE: January 27, 2011 State of WI vs MARK S. SCHROEDER Caso# 20100M1653 Witness: Christine A. McLaughlin Tim, ‘At your request | did meet with Christine McLaughlin and went over her statement with her. | provided a copy of the report relating to the statement she provided to the defense invetigator. There were some minor discrepincies in some of the details of what was written in report form by the defense attorney investigator, but she states that the report is an accurate interpretation of what was discussed, The items that Ms. ‘McLaughlin brought to my attention were the following: IMs. MeLaughiin states did not know Officer LaFavor’s name during the time that this ‘accident was being investigated, the report seems to infer that. She found out his name at some point after the incident concluded. In Page 2 of the report, the last paragraph states, ‘When he learned that the gis wha arrived on the scene were not involved, he told them to leave.” Ms. McLaughiin states that the people that arrived on the scene to comfort the girl involved in the accident were actually women and would not describe them as gifs. In Page 5 of the report it states, "Chris certainly sees this inquiry as an opportunity {for her to expose the shocking behavior that she observed..." Ms. McLaughlin stated that she sees this incident more as something that needs to addressed by the Police Dept. and doesn't look at it as "an opportunity for her to expose the shocking behavior* as nated in the report. She states that she doesn't know if Officer LaFavor is a good officer that was having a bad day, or a bad officer that conducts himself as she 515 Wo! Moland Bouvard «Room 0G: 72 "Winks, Misconsin 5388-2406 ‘Phere: 252) 548-7076 witnessed on a daily basis. She did note that after the arrest of who is now a defendant In this case that the other officers on the scene appeared to "isolate and contain” Officer LaFavor by taking him off to the side. Ms. McLaughiin said that they appeared to surround him so he would not be further involved in the incident. ‘After discussing the report, Ms. McLaughlin asked me about being subpoenaed for court, | advised her of the next date for the scheduled jury trial but could not provide her with any additional information. | terminated the conversation and left her residence, providing her with a business card if she had any questions or additional information. Please let me know if you need any addtional assistance with this matter. Sincerely Filet Waukesha Police Department Incident Report Resisting an officer-Physical 10029096 “I [Pevisrie | 21:98 [r'sunaet pr/stn s64 te on Saturday, June 19, 2010, at approximately 2138 hours, I, Officer ba Favor lea, in Squad 204/ Plest 34, responded to a crash investigation located on B. Sunect Br., at Hwy. 164, in the City of Waukesha, During the investigation, Mark §. Schroeder (k/M, D.0.8. 05/02/1957) was arrested on a State charge of Obstructing an Officer, per Wis. Stat. 946.41(1), and a State charge of Reeloting an Officer, per Wis. stat, 946.41 (1), Schroeder wae transported to Waukesha Memorial Hospital for medical attention, and then transported to the Waukesha Police Department where he was processed through the Bureau of Hdentification, and released, per the authority of Sergeant Rice. These Gharges are being referred to the District Attorney's Office TaFavor, Ryan M. Pass 06/20/2020) at [se — a 21:38 0:03 |304, 306, 310, 324, 314, sicclal Case Manager, CID 398 ‘orac/ee/90 Waukesha Police Department Continuation n0-029096 E Sunget Dr/sth 168 06/23/2020 NARRATIVE on Saturday, June 19, 2010, at 2136 hours, I, Officer La Favor in Squad 304/Fleet 34, was dispatched to a crash involving two vehicles in the intersection of Hwy. 164 and E. Sunset Dr. in the City of Waukesha. T arrived on scene at approximately 2147 hours and inmediately observed two Vehicles, which vere lecated on the east sida of Hwy. 164, In traffic. The vehicles were blocking not only northbound Hwy. 164, but east and westbound E. Sunset Dr. as well. 1 inmediately positioned my squad in the northbound lane of Hwy. 164, 80 as to protect the involved parties which were standing outside their vehicles in traffic. My squad was also partially blocking eastbound traffic traveling on E. Sunset Dr. however vehicles were continuing to drive between the crash and my squad, as well as around wy squad upon arriving on acene, I advised that I would need one more squad to respond with emergency Lighte and siren as this scene still posed a danger to myself, the individuals involved in the accident, and other motorists This wae due to the fact that the vehicles were in the middle of the intersection and could not be moved because of the severity of the accident, the anount and speed of other vehicles operating on the roadway, the low light conditions of the intersection, as well as the time of night, It should be noted that at the time of this crash it was 2147 hours on a Saturday night. Tt should also be noted that thie was my third crash Feport located near that intersection in the last four days of work and it ie one of the most traveled intersections in the City of Waukesha. I immediately exited my squad and made contact with the four individuals standing in traffic near the vehicles. I noted that there were three fenales and one male. I acked whether everyone was okay and they all atated yes. I asked who the driver of the black sedan was, bearing Wisconsin Registration 532PKC, which was the closest to my squad. An individual later identified as Chris A. MctaughLin (F/W, DOB: 12-23-49) stated that this wae her vehicle, I then walked to the other vehicle, which wae a silver sedan bearing Wisconsin Registration 740FHR, and asked who was involved in the crash. There were two females and one male Etaudluy Leis at thie vehicle. One of the females, later identified se Ueanne A. Schroeder (F/M, DOB: 8-26-81), stated that she was the driver of this vehicle, ‘The male, later identified as Ellict T. Sawicki (W/W, DOB: 4-16-91), also stated that he was an occupant in the vehicle. I asked the second fenale if she was involved in the accident. The female, who T Jearned to be Jeanne'a sister, stated that "she was her sister." 1 again asked if she was involved and she indicated that she was not. I told her TaFavor, Ryan M. I of @ Waukesha Police Department Continuation Seis tacateaaan TeeSiane to go wait, directing her toward the grass which was out of harms way. I then advised the female that if she did not leave the intersection, she would be arrested as she waa obstructing my investigation and adding to an Siready dangerous situation. The sister then left the intersection and made her way toward the grass which was adjacent to the roadway. Offiver Bauer azived on scene shortly thereafter and I advised hex to block off the westbound traffic on B. Sunset Dr. on the east side of the intersection. While Officer Bauer positioned her squad to block the two westbound lanea of E. Sunset Dr., the turn lane onto Hwy. 164 remained opened and ntinerous care continued through the intersection. 1 obtained very basic information concerning all parties involved in the crash including names, license plate information, and current addresses. I Feturned to my squad to process the individuals’ information, It should be noted that while processing the individuals' information, ny driver's side window was slightly open and it was at that time that I heard a female Screaming to "get out of the intersection or you will be arrested." It Should be noted that my aquad wae facing eastbound, so as to protect the parties involved more effectively and the yelling was coming from north of hy position. From the inside of my patrol car, I could not see what was Going on, so I exited my squad and observed a male, later identified as Mark S. Schroeder (M/N, DOB: 5-2-87), walking in the roadway. Mark S Schroeder shall henceforth be referred to as Mark in this report. T observed that Mark was wearing dark-colored clothing and was in the process of crossing the right turn lane which merged onto Hwy. 164, in what T believe was an attenpt to gain access to the accident scene. This was the Jane that Officer Bauer was unable to block with her squad. As the accident scene was not yet stabilized and I was physically separated from the subject by a distance of approximately 40 feet, as well as the ambient noise of passing traffic, I used a loud voice to give direct Commands to Nark that he needed to leave the intersection. These conmands were given in heavy control talk as I vas attempting to insure the safety Of both Mark and the other motorists operating their vehicles on the highway. Again, this ie a highly traveled intersection and there was not a ne ettact chat, A SSNGER ESSE he oe sOfeetdone aie wee lear tht Be Wad ving into hl tee ens totes TaPavor, Ryan MW. lpses 3 of 8 Waukesha Police Department Continuation o-029896 B Simeet Dr/sth 164 ‘06/15/2020 obstructing my investigation. Hie behavior was causing me to cease the Sevoseigation of the accident to insure hie oa os cae dreetel in the apcident nit other ‘actacists ‘Spelt co obey my inten Br its *Gisiscea wlaconsin stece ecatdee SI@010) by refusing to eae ne atc fal otder given by a fratfic Officer. While siving there Caen att sea dn f fail Police uniform with a yellow neflactive Vest which vead the word "POLICE on the front a¢ well ae having juct Gxited a fully marked squad car with all emergency lights operating 1 began to wall toward Hara ewes HE) AMGEBLGEALY complying with oy Gana grdersaro nove out of the intersection, During thle od, Nark'a dai lughter was yelling at him to listen to the Officer or he was going to be arrested. ‘and the main traffic vay of Ewy jie median strip was approximately ten feet wide in ite widest point and was a dangerous place to be standing considering the traffic wae continually flowing from the right turn lane, fark then began, toward the grass however he continually paused and looked back toward the accident scene, Tt was clear that he was not obeying my lawful comands to feave the intersection and I believed that he would turn around and return’ to the accident scene. ‘This belief was heightened by Mark's deneanor and his attitude reflected that he did not believe that he had to comply with eee ee epraticemmieet ener atc Because of hie failure to comply with my lawful commands and the dangers posed by the environment, I was forced to take action to stabilize the Situation, and gain lawful control. I secured a hold of Mark's right arm with both hands by blanketing it, which was the eafest way for me to Tnitdate physical contact with Mark. My intentions were to escort Mark out of the intersection, however upon making contact with Mark's arm, I felt the miscies of his arm tense up which reflected the high level of agitation in his body. I recognized this behavior as resistive tension. It is a factor to be considered in determining the amount of threat a subject poses to an Ofticer. Often, individuala who display « lish level of resistive tension becom istive nbd , I could also enell a Based on my training and prior experience, I know that intoxicated subjects are often impulsive and can quickly become uncooperative. EaPavor, Ryan M. pees ‘of 8 ‘Waukesha Police Department Continuation 20-029896 'E Sunset Dr/sth 164 ‘06/19/2010 At thie time, I began to move him onto the median strip by holding his arm and directing him where to go. This is referred to as an escort position, Ag Mark was stepping onto the median, Mark suddenly turned to his right in a rapid manner and attenpted to square his body off with me. In doing this, his right arm was algo being pulled away fron me, which physically counteracted my efforts to control him. I recognized this as active Eesistance aa well ae recognized the fact that he wao positioning himeel£ ina manner which posed a risk of asgavltive behavior. Thie change in his positioning is a necessary first step for him to use a free hand to assault me. In doing thi, he was changing cur relative physical positioning, Placing me in hie ineide position which ie known to be disadvantageous, and 8 position Officers are trained to avoid. ‘he suddenness in the wanner in which he turned around made me fear for my safety a I feared that he was turning in order to strike me. T did not have control of his left hand and could not see what he was doing with it. Tt should also be noted that I had not had an opportunity to conduct a pat-down for weapons on Mark and the manner in which he turned toward we; T Could not see his left hand which made me fear that he could access a ‘weapon. ile holding Mark's right farm, I began to bend at my waist, turning around and directing Mark to the ground, This was a modified version of a hug yourself decentralization, which is a passive countermeasure and vas done to stabilize Mark on the ground go that I could safely gain control of the situation. while Performing the decentralization, Mark was counteracting my efforts to Girect him to the ground by moving his feet and attempting to stay on his feet. During the decentralization, I controlled Mark's rate of descent, leaving his left hand free to protect hia head. This situation was dynamic and rapidly evolving. buring the entive incident, 1 had concerns about the other individuals, some of whom were related to Mark, and feared that they may get involved in this incident. I could hear hie family members yelling and I knew that 1 heeded to get thie situation under control in as quick a manner possible. The di ine. into the roadway, probability that one, if not both of us, could get struck by a vehicle, akavor, Ryan N pacs [Ps or 0 Waukesha Police Department Continuation 10-025036 'E Suneet Dr/sth 168 ‘9¢/13/2020 After decentralizing Mark, Mark ended up on the ground and T was positioned on the ground directly in front of Mark. Mark was given commands and failed to comply, rather, Mark rolled onto hie left side as if to attempt to stand up. I repositioned so that I was no longer in front of Mark and could get him into a ground stabilization position. while he was doing this, T was attempting to gain control of one of his hands and was also attempting Lu stabilize Maxk dowa towaxd the ground. I continued to attempt to stabilize Mark on the ground however mygettonte:copseingconerah of him by taxing actions which physica 3 At this point, his actions displayed continued resistance as he was maintaining a level of counteractive behavior which was not controlled by my current level of force. I continued to hear his fanily members yelling and this continued to be a factor in my threat in order to overcome Mark's continued resistance, yas) foxeeaeo/aelivét ‘ne etetken to tavkva aldeection. soitislly, fds eee erties ne aide of ble abdomen sealtea wate dele! wo kre Syaftnceion and allow me co gain control of hin, During thie period, Max suited onto ie stonsch and ie ogo pce ogee sane fener edrecsing the effectiveness of my nee strikes. At this tbat ay iae strikes were’ ineffective and he was fo under control. M eee i Fae Esse olseths) ‘eigen. s.clowal ie to" Bis abimen, Due to the dynamics of the ‘situation, these strikes were delivered in ovine ees uaing the Porton portion of ay hand an a striking aurtace’ hgeiny these striken ware delivered a my previous attempts to gain control were ineffective and his actions forced me to utilize different techniques Ae this tine, officer Bauer axzived to help control the mbjact. officer Mottcas stig iced, wosbal comants te alee her hia arm 2nd to EP bon syrasiating, During thie struggle, Wark vas able to pull, his arm tie and it appeared ag though he was attempting to pull his arms under his body. At times during the incident, I lost both physical and visual contact with Mark's hands, which cased me to have greater fear safety ad he could access’ a weapon. te the left side of his abdomen and was ately able to gain control of his farm and direct it behind his back. Mark was then miltiple Officer ground handcuffed by myself and Officer Bauer and the handcuffe were safety locked. Mark was rolled onto his side anc Mark stated that he did TaPavor, Ryan W. [pass of 8 Waukesha Police Department Continuation Mocowsese | # Sunaet Dx/sth 164 [oe/5/2030 and oat filorenmaapemtions At this point, multiple other squads arrived, bot Waukesha Police Department and the Waukesha County Sheriff's Department. A total of eight other squads arrived on scene shortly thereafter. Once stabilized, I advised one of the responding Officers to call for an anbulance as Nark was complaining of back pain. Mark wae ultimately transported to Waukesha Memorial Hospital for medical Slteution and then brought to the aukkooha Police Department, where he wae Processed through the Burea of Identification and released, per the authority of Sergeant Rice. It should be noted that during thie incident, I sustained abrasions to both knees and damage to my uniform pants. During thie incident, Mark initially obstructed my investigation as a Traffic Officer. As the eituation progressed, Mark resisted wy continual lawful ordera and attempts to gain and maintain control of an already dangerous scene. Aa auch, one charge of Obstructing an Officer, per Wisconsin State Statute 946.41(1), and one charge of Resisting an Officer, per Wisconsin State Statute 946.41(1), shall be referred to the District ‘Actorney's Office. ‘This concludes the initial investigation. All suspects have been arrested, Please refer a copy of this report to the District Attorney's oetice REFER: IR 10-29896, Intoxllyzer Test Report, Teletypes aj Taraver, Ryan M. [pses 7 of 8 ‘Waukesha Police Department Continuation = ee Booking#: 10-001058 cases Deseription ce 3o-0a9es6946-a1(1) Resisting or Obstructing an 0 2 Wienesa-2. Nebaughlin, Chrie A W/P-60 of 12040 Potter Rd, Wauwatosa, WE,53226 pon; 12/23/2949 DL: m242-1014-9963-08, wr: 506 WT: 145 Hair: Brown Byes: Gray cell Phone: (414) 771-7472, wienesa-2 ‘Schroeder, Jeanne A _W/P-10 of 2463 N 73rd St, Mauvatosa,WI,53213 Don: 08/26/1981 DL: S636-4219-1806-01 mtr 504. WT: 1300 Hairs Brown Byes: Brow cell Phone: (414) 232-8682 ieness-3 Sawicki, ELliot T W/M-19 of 142 Ananda Ct, Mukwonago,WE,53149 op: 04/16/1391, Cell Phone: (262) 391-3358 Taraver, Ryan M. pas eof Waukesha Police Department ‘Supplementary Report o-020096 Sunset Dr/sth 164 (06/19/2010 Resisting an officer-Physical 2472 2072 smoky fon Saturday, June 19, 2010, at approximately 9:57 p.m., Ty Squad 312, was at an Gecident investigation at the intersection of sth. 164 and &, sunset Dr. The Envestigating Officer, Officer La Favor, did arrest a subject who interfered with the investigation which T witnessed. This supplenentel report is in regard to P.0. LaPavor's contact with the subject. NARRATIVE. on Saturday, dune 19, 2010, at approximately 9:48 p.m., I heard squad 304, Officer La Favor; ask for & second squad for traffic control at the Intersection of Hwy. 164 and R. Sunset Dr. I was subsequently dispatched in emergency fashion. I arrived approximately two to three minutes later and began aseiating with shutting traffic lanes while maintaining scene Security for the safety of the parties involved in the accident along with Preserving the safety of myself and Officer La Favor. It should be noted it was nighttime during this crash investigation and there were minimal street lights to aseist in the visibility of ourselves, the victims, and their vehicles in the accident. At approximately 9:57 p.m., I observed a vehicle in the eastbound turn lane fat Sunset Dr. with no headlights on and the hazard lights flashing. T proceeded to cross three lanea of eouthbound traffic on Hwy. 164 to see if the driver needed asaietance. He stated he was waiting for traffic to clear and he waa concerned because 2 car allegedly almost hit us while we Were conducting our crash investigation. I asked the driver if he saw the Getual collision, He stated no, eo I ordered him to move along. As I did 50, from behind me I heard Officer La Favor ordering a male subject to get back onto the eidewalk and stay out of the road. As I turned to see what was going on, I then observed Officer La Favor with a male subject in Descort hold. Officer La Favor then began walking the subject back to the Safety of the sidewalk area, at which time T observed the male to straighten out his right arm which I perceived to be resistive tension. 1 then observed Officer La Favor attempt to decentralize the subject to the ground in a controlled manner, at which time I began to run across the Ghtersection, having to stop in the southbound lanes in the middle of the intersection due to southbound traffic having the green light. I had to do 0 while calling for back-up in an emergency fashion, otherwise I would have been struck by a vehicle that was traveling in said lane. I then relayed over the air that there vas an active fight in progress with Officers involved and asked for Officers to assist. My reason for this was a6 Iwas running across the intersection, I heard the young female who was Bauer, Ananda asa [06/39/2029 Case Manager, CID 358 Lora Waukesha Police Department Continuation Tocoroese | i Sunset or/sth 168 [se/%5/20n0 involved in the accident screaming "dad, do what he says or you're going to get arrested." I algo heard from the opposite side of the road two other fenales yelling, that is my husband, what are you doing? Due to the fact. that there were several subjects on the scene that appeared to know the male Officer La Favor was attempting to remove from the crash investigation scene, T felt myself and Officer La Favor's safety were in question, Again, iL was alao daxk out and we vero at a major intersection which Compromises the safety of all involved. I then made contact with the male Subject who I observed wae not obeying commands from Officer La Favor to Give him his hands. Tt was obvious that Officer La Favor was attempting to fake the male subject into custody for interfering with our investigation and disobeying commands to stay out of traffic. Ao I reached the subject and Officer La Favor, T then took hold of the hnate's right wrist which was under his body. I was able to stabilize his wrist enough to get it out from under his body and place it behind his back While attempting to gain control with a compliance hold ject still Would not roll onto his stomach at which ti \Goutdinonde that. it was obvious that the subject was no! to ‘any commands from both myself and Officer La Favor to stop resisting and to give us his hands, which prevented Officers from handcuffing him and Gaining control of hie movements, The subject also continued to yell at bystandere on the road, which I assumed to be his family, to ‘After gaining control yeh the subject's hands, he was then ed. During thie incident, 1 did observe Officer La Favor apply severa! ‘to the subject'e ide area. T also observed Officer la Favor for Prccenttes use \eyindvezstkeo also vhile attempting to get that hand and arm from under his once the subject was in custody, Officer La Favor asked the subject if he needed an ambulance. The subject stated he did and I subsequently called one for command of the scene. Tt should also be noted that Waukesha County Sheriff's Deputies were also on scene to assist in traffic control due to the necessity of gaining control due to the position of where the accident Gccurred along with the time of day and che amouit uf Lystandexs he oubject was subsequently transferred to Waukesha Memorial Hospital for medical clearance via ambulance. ‘The scene was secured shortly thereafter and the accident investigation was ‘Bauer, Amanda [pasa 2 of 3 Waukesha Police Department Continuation o-o298a6 Sunset Dr/sth 164 36/13/2010 completed in a timely manner with no further problena. Please refer to Officer La Favor's incident report regarding the resisting and obstructing along with the arrest of the subject. REFER: IR 10-29896, Supplement. ad | | | ‘Bauer, Amanda feos” 3 of 3 Waukesha Police Department ‘Supplementary Report aoconsese Saanosnveenien y6/39/2030 | sOARY ‘Tate gupplenent da being done in response to Assistant District Attorney Suha's Fequest to address tty conversation with Mark S. Schroeder's attorney, Attorney Mastantuono. NARRATIVE, I was contacted by Attorney Mastantuono via phone, during which Attorney: Mastantuono asked me if the incident regarding Mark S. Schroeder was captured on = Waukesha Police Department Nobile Audio Video Recording Systen. During the conversation, I discovered at a later date that nore room on the aysten hard drive. Videos using butonatically saved for 120 days, This incident occurred 6/19/10 and vhen T Heviewed the video 10/14/10 it was within the 120 days of the incident. ‘yon contacting the syaten administrator, T was advised that El Viaeo/siB/purged, wha there woo no weans of retxseving it. Te sho foted that ine did 1 deatroy this video or knowingly allow this video to be purged/erased. 1 do not have the authority or means of erasing video/audio vecordings The fact that there ie no video or audio recording of this incident ss Unfortunate, in that it would clearly show Schroeder's high level of noncompliance Gnd resistance. Zt would ehow that I gave Schroeder ample opportunity to comply with my lawful commands nan already dangerous and highly evolving situation, to Waich he did not. Tt would show that Schroeder forced me to use physical force to Protect not only him, but the many bystanders and motorists in the area. ‘This completes my supplemental report. Please refer a copy to the District Attorney'a Office, more specifically, Assistant District Attorney Timothy A. Suba. vnw/Refer TR10-29886 and Supplement oe

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