STATE OF WISCONSIN CIRCUIT COURT DANE COUNTY CRIMINAL COMPLAINT

Transcription

1 STATE OF WISCONSIN CIRCUIT COURT DANE COUNTY CRIMINAL COMPLAINT STATE OF WISCONSIN KARLIS D GRIFFIN DOB: 01/12/1985 Sex/Race: M/B Eye Color: Brown Hair Color: Black Height: 6 ft 0 in Weight: 165 lbs Alias: -vs- Plaintiff, Defendant, DA Case No.: 2013DA Assigned DA/ADA: Agency Case No.: MAPD Court Case No.: 2013CF ATN: COMPLAINING WITNESS John Amos / Gloria Reyes / Linda Trevarthen / Jamar Gary The above-named complaining witness being first duly sworn states the following: Count 1: SUBSTANTIAL BATTERY - PTAC The above-named defendant on or about Wednesday, August 01, 2012, in the City of Madison, Dane County, Wisconsin, as a party to a crime, did cause substantial bodily harm to Montee L Ball, by an act done with intent to cause bodily harm to that person, contrary to sec (2), (3)(i), Wis. Stats., a Class I Felony, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than three (3) years and six (6) months, or both. FACTS: Your complainant is a Detective with the City of Madison Police Department and for this complaint is relying on the reports of City of Madison Police Officers Jacob Conrad, Bernard Albright, Kevin Dunnington, and Detectives David Gouran and John Messer. Officer Conrad reports that on August 1, 2012 at 2:16 a.m., he was dispatched to the 500 block of University Avenue in the City of Madison, Dane County, Wisconsin, in reference to a disturbance. Dispatch advised that the complainant, Christina Kukowski, stated that her friend, later identified as Montee Ball, had been attacked by a group of black males. Upon arrival, Officer Conrad observed Kukowski sitting on the ground with Ball leaning up against her. At this point, Ball was conscious; he had visible facial injuries and blood on his face. 01/14/2013

2 Officer Conrad spoke with Abraham Palacio, who stated that when he observed Ball falling to the ground, he saw five black males surround Ball and begin kicking him. Palacio stated that he witnessed the five black males kick Ball in the body and the face. Palacio stated that he ran across the street in an attempt to help Ball and that once he got to the suspects, he grabbed one of them and punched him in the face. Palacio said the others then began to back off. Palacio stated the suspects did not immediately leave the area so he kept aggressing toward the suspects, at which point they finally ran southbound on North Frances Street toward the Kohl Center. Palacio stated that all of the suspects were black males, ranging from approximately 5 8 tall to 6 3 tall. Palacio stated that the build of the suspects ranged from being a small build to being heavier in build. Palacio said that one of the suspects was wearing a blue polo shirt, another was wearing a purple polo shirt, a third was wearing a white shirt with some sort of writing on it, a fourth was wearing a red shirt, and Palacio was unsure of the shirt color for the fifth suspect. Palacio stated that he heard the suspects say, We got nine football players to go. Officer Conrad also spoke with Christina Kukowski, who stated that she, Ball and Sarah Stefanich were walking home. Kukowski stated that she and Stefanich were walking in front and Ball was walking behind them. Kukowski stated she heard Montee, at which point she turned around and observed Ball get punched in the face by one of the suspects. Ball fell to the ground and the suspects immediately began kicking him. Kukowski stated that she believed the suspects kicked Ball four or five times in the body before she was able to intervene. Kukowski stated that when the suspects began kicking Ball, she ran to Ball and laid on top of him. Kukowski stated that as soon as she did so, all the suspects began to flee the scene. Kukowski stated that when the suspects were fleeing, she heard one of them say, I got nine football players left. Kukowski advised that Ball had lost consciousness after the attack occurred. She stated that Ball then just kept saying that he was okay. Kukowski stated that she laid on Ball because she was fearful for his safety and did not believe that the suspects would continue to kick him if she was laying on him. Kukowski stated that all of the suspects were black males and that one of them was wearing a white t-shirt. Officer Conrad also spoke with Sarah Stefanich, who stated that she, Ball and Kukowski were walking home when five black males attacked Ball. Stefanich stated that the males got Ball s attention by yelling Montee. Stefanich said that as soon as the suspects began kicking Ball while he was on the ground, Kukowski ran to him and laid on top of him. Stefanich stated that the suspects then began to back up, at which point she ran in and started pushing the suspects away. Stefanich stated that after she began pushing the suspects away, they all began to flee the scene. Officer Conrad reports that he spoke with Montee Ball at St. Mary s ER. He observed Ball seemed to be very confused and did not have much recollection of the incident. Ball stated the last thing he remembered was talking to the EMTs while on scene. Officer Conrad observed that Ball had injuries to his face on the left side by his cheek, as well as a fat lip. Ball s cheek was swelling and on his fat lip there were cuts to the upper and lower part of his lips. Ball also took out a white Diesel watch from his pocket that he 01/14/2013 2

3 stated he had been wearing during the attack. Ball stated that the band had been broken and the watch cost $135. Ball stated that he had not given anyone permission to punch and kick him and that it caused him pain. Officer Conrad reports that Dr. Bryant informed Ball that he had a questionable fracture to his nose and that he had a concussion. Officer Albright reports that he made contact with Anthony Delarosa, who stated that five males "came out of nowhere" to attack the victim, Ball. Delarosa said he did not notice any conflict between the victim and the suspects prior to the attack and that it appeared random. Delarosa said that someone from the group of five suspects hit Ball, causing him to fall to the pavement. Delarosa said all five suspects then hit or kicked Ball as he lay on the ground. Delarosa said that one of the suspects seemed to stomp on Ball in the head or neck area. Delarosa stated that all but one of the five suspects then fled southbound on North Frances Street from University Avenue. Delarosa said that one stayed behind briefly trying to tell the small crowd that had formed that everything was OK. Delarosa said one of the other four suspects then yelled at him from across the street and told him to run away with the others. The one that had stayed behind then also ran southbound on North Frances Street with the others. Delarosa described the five suspects as black males between the ages of Officer Albright reports that at approximately 2:45 a.m., dispatch informed him that a witness was calling reporting that the suspects were seen going inside the Saxony Apartments. He responded and spoke with McKinnell Severson and Brendan Gould, who said they had witnessed the battery of Ball. They said the five suspects attacked Ball without any provocation or previous conflict. They said after the attack the suspect in the purple shirt yelled, "1 down, 9 to go. You football players better watch out!" Gould said he attempted to assist and care for Ball as he lay on the ground and they waited for the ambulance. Once the ambulance arrived, he and Severson left and walked in the direction of the 500 block of West Dayton Street. Severson and Gould stated that as they walked, they entered an alley off of West Johnson Street between 545 and 535 West Johnson Street. As they entered this alley, three of the suspects were walking out of the alley towards West Johnson St. They said it was the suspect with the purple shirt, and the two suspects that were wearing white v-neck shirts. One of the suspects looked at Gould and said, "He's the guy from before." The suspects walked across West Johnson Street and into the open area between 548 and 530 West Johnson Street. They said the suspects were closer to 548 West Johnson Street. This area is an open space between the Saxony Apartments buildings and there are parking spaces and a green dumpster in this area. They said the three suspects from the alley met with the other two suspects between 548 and 530 West Johnson Street. They said the other two suspects were dressed in a red shirt and a blue shirt. They said when the original battery occurred, the suspects in the red shirt and blue shirt ran away first. Severson and Gould said they were both 100% positive that the five people they saw in the 500 block of West Johnson Street were the five suspects who battered Ball. Severson and Gould said they looked away briefly, and when they looked back where they were last seen between 548 and 530 W. Johnson, the suspects were gone and they assumed the 01/14/2013 3

4 suspects went into one of the Saxony Apartments buildings. Officer Albright reports that the Saxony Apartments include 305 North Frances Street, 548 West Johnson Street and 530 West Johnson Street. Severson and Gould described the suspects as five black males, all with shorter hair and in their 20 s. They said the suspect wearing the purple shirt was 6'03" tall and had black rimmed glasses. They said two other suspects wore v-neck white shirts. They said a fourth suspect wore a red shirt and a fifth suspect wore a blue shirt. Officer Dunnington reports that on August 1, 2012, he made contact with the property manager of the Saxony Apartments, Mary Gomez. Gomez stated that she had found video surveillance of individuals she knows as Robert A. Wilks, Deonte Jerry Wilson, Wendell Jake Venerable, as well as one additional unidentified African American male coming into 548 West Johnson Street from the parking lot area sometime after 2:00 am on August 1, She advised that the video surveillance cameras are motion activated and that she and employee Ann Marie Chambers had located three camera views of four individuals coming into and moving about the building sometime after 2:00 a.m. on August 1, Officer Dunnington reports that he noted the Saxony Apartments video surveillance system s time stamp to be approximately 18 minutes slow as compared to his departmentissued cell phone automatically set via the Sprint cell phone network. Officer Dunnington reviewed the first surveillance video with a time stamp of 2:11:42, which he noted in actual time to be approximately 2:29 a.m. on August 1, He noted that the first individual (Individual #1) to enter the apartment building appears to be an African American male, relatively clean shaven, with short dark hair and dark-rimmed glasses. He observed that this individual is wearing a darker-colored, short sleeved t-shirt with some type of light or white-colored design and/or writing on the front, as well as darker colored shorts and black low cut shoes with white or light-colored soles. Officer Dunnington observed that the second individual (Individual #2) that enters the apartment building also appears to be an African American male, relatively clean shaven, who has short dark hair and is not wearing glasses. This individual appears to be wearing a short sleeved t-shirt with a white or light-colored circular design on the chest area, lighter colored cargo style shorts that are approximately at his knees, and completely white or light-colored low cut shoes. Officer Dunnington reports that the third individual (Individual #3) that enters the apartment building also appears to be an African-American male, relatively clean shaven, with short dark hair, who is not wearing glasses. He is wearing a white or light-colored short sleeved t-shirt and darker colored pants. Officer Dunnington observed that the fourth individual (Individual #4) that enters the apartment building also appears to be an African American male with slightly longer but still short dark hair. He appears to have some type of light facial hair or a beard with what appears to be a longer goatee or facial hair on his chin area. He is wearing a white or light-colored short sleeved t-shirt and shorts that are at or slightly below his knees and darker colored shoes with white or light-colored shoelaces and soles. 01/14/2013 4

5 Officer Dunnington reports that as he was watching this surveillance video with Gomez and Chambers, they both identified the first individual entering the apartment complex as Robert Anthony Wilks (Individual #1), a defendant herein. Gomez stated she was 100 percent certain that the first individual entering the apartment complex wearing the darkrimmed glasses was Wilks. Gomez and Chambers stated that the second individual entering the apartment complex behind Wilks is Deonte Jerry Wilson (Individual #2), a defendant herein, who Gomez advised is currently living at 215 North Frances Street. Gomez and Chambers both stated that they know Wilson to associate with Wilks. Gomez and Chambers stated that the fourth individual entering the apartment complex is Wendell Jake Venerable (Individual #4), a defendant herein, and that they know he currently lives at 215 North Frances Street. Gomez and Chambers advised that they know Venerable to associate with Wilson and Wilks. They also advised that they know Venerable and Wilson because they were both former residents of the Saxony Apartments; however, they are no longer currently residents. Officer Dunnington reports that in reviewing the surveillance of these four entering 548 West Johnson Street from the parking lot area, he observed that there appeared to be some initial confusion as to which direction the group wanted to go because Wilks initially goes straight past the hallway to his right before stopping and eventually going down the hallway to his right. Officer Dunnington observed that the second individual following Wilks, Deonte Wilson followed Wilks down the hallway to the right; however, he comes back into the main hallway that they entered into before stopping and going back down the hallway to their initial right. Officer Dunnington observed that Individual #3, as well as Venerable then eventually take the hallway to their right. However, before this, he observed that Individual #3 appears to be holding the door open for Venerable for a short period of time as if Venerable was a distance behind them or delayed getting into the apartment building. When Venerable eventually enters the apartment complex, he seems to be looking out into the parking lot area and after the door closes, he looks back out into the parking lot through the rectangular door window area before taking the hallway to his right. Det. Gouran reports that on August 3, 2012, he made contact with Deonte J. Wilson. Det. Gouran reports that at that time, he questioned Wilson regarding his whereabouts on the night of July 31, Wilson said that he was home that night. Specifically Wilson stated that he was in his house at 7:00 p.m., and never left until noon the next day. He said he went to sleep around 9:00 p.m. Det. Gouran informed Wilson that he had video camera evidence that Wilson was untruthful about being home on the night of July 31, Det. Gouran reports that Wilson stated, That s impossible. Det. Gouran offered to show Wilson the video evidence and Wilson again said it was impossible. Det. Messer reports that on August 28, 2012, he spoke with Deonte J. Wilson. At that time, Wilson informed Det. Messer that he had not been honest during the first interview of him about his activities on the night of July 31, 2012 to August 1, Wilson said he was not home, as he had previously told detectives, but was at the Tiki Shack drinking with friends. He said he was there with Kyon Curtis, Jake Venerable, and Robert Wilks. He said that after they left the Tiki Shack, they walked down State Street. He said Curtis went somewhere else, and he and the other two men went to Wilks apartment at the Saxony Apartments. Det. Messer reports that he showed Wilson a series of still photographs from 01/14/2013 5

6 video from the Saxony Apartments from August 1, Det. Messer reports that he showed Wilson a still photograph of an individual believed to be Robert Wilks. Det. Messer said he asked Wilson who was in the picture and he stated, That s Robert Wilks. Det. Meser reports that he showed Wilson a picture of a image believed to be a photo of Wilson. Wilson stated, That s me. Det. Messer reports that he then showed Wilson a photo of a person believed to be Jake Venerable and Wilson stated, That s Jake. Wilson denied knowing who the other unidentified black male was who was on video walking into Wilks apartment with Wilks, Wilson, and Venerable. He also denied knowing who the remaining unidentified black male was who was depicted on the video walking with the men through the apartment building. Det. Gouran reports that on September 12, 2012, he contacted Abraham Palacio, who indicated that he had not seen any mug shots or other visual depictions of any suspects in this case. Det. Gouran informed him that he had some video clips and photographs that may or may not contain the suspects involved in the incident he witnessed on August 1, He showed Palacio the first video of the group taken at the Saxony Apartments which shows the four men walking individually down the hall towards the camera. The first shown is the man Det. Gouran knows to be Deonte Wilson. Palacio immediately said yep! The second man shown is the man Det. Gouran knows to be Robert Wilks. Palacio immediately said That s the big guy. The third man shown is still unidentified and Palacio stated, Yep, he was there. The fourth man shown is the man Det. Gouran knows to be Wendell Jake Venerable. Palacio didn t recognize him. Palacio stated, These are your guys. Det. Gouran also showed Palacio a video of Peace Park on State Street in which a group containing the suspects is seen loitering around a man playing a banjo. Palacio stated he recognized all of the suspects by their clothing except for one, known to be Kyon Curtis, but their faces were harder to see. Det. Gouran reports that Venerable was included in this group. Palacio stated that all of the males he recognized had been present and participated in the beating of Montee Ball on August 1, In reference to Wilks, Palacio stated, He was the one at the head referring to his previous statement that one suspect was standing over Ball s head while the others were huddled on the either side of his body. Palacio stated he recognized the shirt and glasses as well. In reference to Wilson, Palacio stated, I believe he might have been the one who said they jumped him before. Palacio reiterated that all of the suspects were involved in hitting and/or kicking Ball and there were no bystanders in the group. He said that Wilks and Wilson came back. He stated that after he tackled the group they all came towards me and said they were still trying to get around him to continue assaulting Ball. Palacio stated he had pulled out his pocket knife and held them off with that and that was when one of the suspects complained that Ball had jumped him the week before. Det. Gouran reports that Palacio stated a few times that based on the force the suspects were using on Ball, he thought they were trying to kill him. Det. Gouran also contacted Christina Kukowski. He showed Kukowski the video clips from the Saxony Apartments and upon seeing the man Det. Gouran knows to be Wendell Venerable, she stated, I feel he looks familiar as one of the participants in the assault on Ball. She added, I remember one of them had a distinctive face. He also showed her the 01/14/2013 6

7 above-described video clip of Peace Park on State Street and she reacted to seeing the man in the white shirt and dark blue baseball cap and said, That s definitely the same hat! She said that man wearing the baseball hat was someone she saw punch Ball. Kukowski also recognized the man Det. Gouran knew to be Robert Wilks, and identified him by recognizing his purple shirt as one of the attackers. Kukowski stated she saw the man in the purple shirt kick Ball in the torso after he fell to the ground. Det. Gouran also showed Kukowski some still photographs which had been taken from the videos. She observed a still photo of Venerable from the Saxony Apartments and identified him as the man with the distinctive face who had been at the assault. On November 21, 2012, Det. David Gouran spoke with Wendell Jake Venerable regarding the events of July 31, 2012, into August 1, Venerable advised that he along with defendants Wilks and Wilson had gone to the Tiki Bar with a subject he knew as Cyon Curtis. He stated they were joined at the bar by a man he knows as Lo. Venerable advised that Lo is from Chicago and he knew him through a mutual friend. Venerable advised that they left the Tiki Bar and walked down State St. and turned left on Gilman. Venerable stated that Curtis split from the ground and went a separate way and as they continued past the Red Shed he saw Montee Ball crossing the street, right by Bill s Key Shop. He said at that time Lo pointed him out and explained, That s Montee Ball. Venerable indicated that while at the Tiki Shack they had discussed the recent incident in which he was beaten during a fight with UW football players at a party. He indicated that at the Tiki Bar they had come to a consensus that he would report the incident to the police at the University. Venerable indicated that however upon seeing him he walked up and confronted Ball. Venerable indicated he asked Ball if he remembered what happened on Friday and Ball kept laughing indicating he did not. Venerable said as soon as he said that he punched Ball and Ball fell on the ground unconscious. He then advised that the subject he knew as Lo stomped Ball s head while Wilks kicked Ball s ribs. Det. Gouran advised that Venerable subsequently viewed photographs from the surveillance cameras on State St. as well as the Saxony building and identified the previously unknown suspect as the individual he knew as Lo. Det. Gouran also showed Venerable a mug shot of a subject indentified as Carlos Griffin. Venerable positively identified the person depicted in the mug shot of Carlos Griffin as the individual he knew as Lo. He indicated that Griffin no longer sports the dreadlock hairstyle as depicted in the photo. The mug shot presented by Det. Gouran of Carlos Griffin was obtained by him from the Dane County Sheriff s Office, which your complainant believes to be reliable as such mug shots are maintained by the law enforcement in the usual course of business and your complainant has found them to be reliable in the past. On November 29, 2012, Det. Gouran met with Robert Wilks about the events of July 31, 2012 through August 1, Wilks confirmed that while at the Tiki Shack with Deonte Wilson, Wendell Jake Venerable and Cyon Curtis they were met by Jake s friend Lo. Wilks confirmed that while at the bar they talked about the recent incident in which Jake had been jumped at a party and beaten by several UW football players. Wilks also advised that at the bar it was agreed that he would go talk to the police and not take action himself. Wilks advised that when they left the bar they walked on Gilman St. from State St. and then to their residences on Francis St. He advised that Curtis separated and kept going down State St. to see a girl. He advised that while they were on Gilman St. they saw Montee Ball crossing the street by the key shop and tattoo parlor. Wilks advised that Jake 01/14/2013 7

8 went up and talked to Ball and they were face-to-face at which time Jake just punched the dude. He said that Ball then fell to the ground and that Ball had not done anything prior to being hit or after. He stated that Ball was lying on his back and never got off the ground or tried to. He stated that he then kicked Ball two or three times in the torso and that Lo kicked him in the head after he fell to the ground. He stated, Me and Lo ran up. I was by his torso stomping him. Lo was by his head stomping him in the head and upper shoulders. Det. Gouran also showed Wilks the surveillance camera photographs and he identified the previously unknown male in the photographs wearing a white shirt and baseball cap as Lo. Det. Gouran also showed Wilks the above-referenced mug shot photo of Karlis Griffin and Wilks positively identified the photograph of Griffin as the subject he knew as Lo. **THIS COMPLAINT IS BASED ON the information and belief of your complainant, who is a detective for the Madison Police Department, and who learned of the above offense from the reports of Madison Police Officers Jacob Conrad, Bernard Albright, Kevin Dunnington, Detective David Gouran and Detective John Messer which reports your complainant believes to be truthful and reliable inasmuch as they were prepared during the course of the officers official duties. Further, your complainant believes the information furnished by Christina Kukowski, Abraham Palacio, Sarah Stefanich, Montee Ball, Anthony Delarosa, McKinnell Severson, Brendan Gould, Mary Gomez and Ann Marie Chambers to be truthful and reliable inasmuch as they are eyewitnesses/citizen informants to the events reported. Your complainant believes the statements of Wendell J. Venerable, Robert Wilks, and Deonte Wilson to be truthful and reliable insofar as they are statements against penal interest. Subscribed and sworn to before me, and approved for filing on: This day of January, 2013 ASSISTANT/DEP DISTRICT ATTORNEY DANE COUNTY, WISCONSIN COMPLAINANT 01/14/2013 8