STATE OF WISCONSIN CIRCUIT COURT MILWAUKEE COUNTY STATE OF WISCONSIN Plaintiff, vs. DYSON, ANDRE M 530 NORTH 26TH STREET MILWAUKEE, WI 53233 DOB: 12/01/1998 DA Case No.: 2019ML000378 Court Case No.: CRIMINAL COMPLAINT Defendant(s). For Official Use THE BELOW NAMED COMPLAINANT BEING DULY SWORN, ON INFORMATION AND BELIEF STATES THAT: Count 1: ARMED ROBBERY - PTAC, AS A PARTY TO A CRIME The above-named defendant on or about Monday, December 31, 2018, at 1438 West Greenfield Avenue, in the City of Milwaukee, Milwaukee County, Wisconsin, as a party to a crime, with intent to steal, did take property from the person or presence of the owner, J.S.M., by use or threatening use of a dangerous weapon, contrary to sec. 943.32(2), 939.50(3)(c), 939.05 Wis. Stats. Upon conviction for this offense, a Class C Felony, the defendant may be fined not more than One Hundred Thousand Dollars ($100,000), or imprisoned not more than forty (40) years, or both. Count 2: ATTEMPT ARMED ROBBERY - PTAC, AS A PARTY TO A CRIME The above-named defendant on or about Monday, December 31, 2018, at 1668 South 23rd Street, in the City of Milwaukee, Milwaukee County, Wisconsin, as a party to a crime, with intent to steal, attempted to take property from the person or presence of the owner, CO and SO, by use or threatening use of a dangerous weapon, contrary to sec. 943.32(2), 939.50(3)(c), 939.32, 939.05 Wis. Stats. Upon conviction for this offense, an attempt to commit a Class C Felony, the defendant may be fined not more than Fifty Thousand Dollars ($50,000), or imprisoned not more than twenty (20) years, or both. Count 3: FIRST DEGREE RECKLESSLY ENDANGERING SAFETY - PTAC, AS A PARTY TO A CRIME The above-named defendant on or about Monday, December 31, 2018, at 1668 South 23rd Street, in the City of Milwaukee, Milwaukee County, Wisconsin, as a party to a crime, did recklessly endanger the safety of T.C., under circumstances which show utter disregard for human life, contrary to sec. 941.30(1), 939.50(3)(f), 939.05 Wis. Stats. Upon conviction for this offense, a Class F Felony, the defendant may be fined not more than Twenty Five Thousand Dollars ($25,000), or imprisoned not more than twelve (12) years and six (6) months, or both. Probable Cause:
Andre M Dyson, DOB: 12/01/1998 Page 2 I am a City of Milwaukee law enforcement officer and base this complaint upon my examination of the official reports prepared by the Officers mentioned below, which reports are of the type I have used in the past and found to be truthful and reliable. AS TO COUNT 1: Such reports reveal that on Monday, December 31, 2018, at approximately 7:05pm, Milwaukee Police Officers Adrian Gutierrez and Frank Heeg responded to the location of 1438 W. Greenfield Ave. in the City and County of Milwaukee, regarding an armed robbery complaint. Upon arrival, victim, J.S.M. stated that at approximately 7:00pm, three subjects approached him in a black Chevrolet Trailblazer while he was outside of his residence, checking vehicle fluids under the hood of his car. J.S.M. states he was using his cell phone s flashlight to check under the hood. J.S.M. states his vehicle was on, but there was a lock on the steering wheel. J.S.M. states that a black, Chevy Trailblazer pulled up next to him at which time a female subject, later identified by J.S.M. as S.N., exited the front passenger seat of the Trailblazer and asked J.S.M. for change and his name. J.S.M. told S.N. that he did not have any change. J.S.M. states the driver of the Trailblazer, who J.S.M. later identified as C.B., exited the vehicle, pointed a gun at his head and demanded property. J.S.M. states that a third subject, who he later positively identified as the above-named defendant, Andre Dyson, then exited the vehicle from the rear passenger seat, at which time S.N. struck him twice on the face with a closed fist, one time on each side of the face. J.S.M. states that S.N. then took his cell phone from his hand. J.S.M. states that the defendant attempted to strike him as well but was unable to because the defendant slipped on the ice. J.S.M. states S.N. then closed the hood of his vehicle and entered it but observed a lock on the steering wheel causing her to exit the vehicle. J.S.M. states he started to walk towards his residence at which time the subject he identified as C.B. threatened to come back and shoot up his house if he called 911. J.S.M. states all three subjects then got back into the Chevy Trailblazer and fled southbound on S. 15 th Street from W. Greenfield Ave. AS TO COUNTS 2 & 3 On Monday, December 31, 2018, Milwaukee Police Officers Thoa Vue and Albert Dammons were dispatched to a ShotSpotter complaint at the location of 1668 S. 23 rd Street in the City and County of Milwaukee. Upon arrival, PO Vue observed one.22 caliber bullet at the front door of the listed address. A tenant at the location, later identified as T.C. opened the front door and stated that her landlord had just gotten beat up and the suspects had fled the scene. PO Vue made contact with the landlord, identified as C.O. in his residence. At this time, PO Vue also observed what he described as an elderly female, later identified as C.O. s wife, S.O. PO Vue observed S.O. to be sitting on a chair in the kitchen of the residence with injuries beneath her right eye and dried blood coming from her right ear. PO Cristobal Martinez-Avila spoke to C.O. who stated that at approximately 7:30pm he and his wife, S.O., had just arrived home from the store and parked their car in front of their residence when he observed two unknown subjects, walking on the side walk, passing their vehicle. C.O. stated he and S.O. exited their vehicle, as the two subjects walked back towards them as one of the subjects C.O. described as a white female subject pull out a semi-automatic handgun at him. C.O. states that he then saw a second suspect approaching his wife, pushed her down to the ground and kicked her multiple times. C.O. states he did not understand what the female subject was asking as she was speaking in English. C.O. states that he believes they were demanding money, but nothing was obtained. C.O. states one of his tenants that live at his apartment building, confronted the subjects in which both subjects then fled on foot southbound on S. 23 rd Street. PO Cristobal Martinez-Avila also spoke to S.O. who stated that she and her husband, C.O. had just arrived home on December 31, 2018, when she exited her vehicle and was confronted by a male subject who she later positively identified as the above-named defendant. S.O. states the defendant pushed her down to the ground and stomped on her face multiple times. S.O. states she was covering
Andre M Dyson, DOB: 12/01/1998 Page 3 her face trying to prevent the kicks from hurting her. S.O. further states that one of her tenants came to help chase the subject away from her. Finally, S.O. states she and her husband then ran inside of their house until police arrived. Complaint is further based upon the statement of T.C. who states that she was cooking dinner on December 31, 2018, when she observed her landlords exit their vehicle outside the front of their residence. T.C. states that she observed an unknown suspect described as a white, 20 year-old female, across the street from her landlord. T.C. states a few minutes later she heard a commotion coming from outside of her kitchen window. T.C. states when she looked out the window, she observed her female landlord getting beat up. T.C. states her significant other, J.N., went outside to try and help. T.C. further states that while her husband was outside, she heard him yell, They have guns! T.C. then entered her residence to obtain a weapon to possibly assist in halting the assault of her landlords, but was not able to load the gun she had retrieved. T.C. then entered her residence again, and retrieved a machete. T.C. states that she went outside and started to swing the machete to protect her landlord. T.C. states that at this time, an unknown male subject, approximately 25 years of age, with a slim build, took off running southbound on S. 23 rd Street from W. Mitchell Street. T.C. states that this male subject then turned and fired approximately three to four rounds at her. T.C. states the male subject then slipped and fell, as she continued to run after him. T.C. stated the male subject then returned to his feet and continued to fire another approximate six to eight more rounds in her direction. T.C. states she believed the male was trying to shoot her. Finally, T.C. states she stopped running after the male subject when she heard J.N. yell at her to stop. Milwaukee Police Detective David Anderson conducted a photo array that was shown to T.C. T.C. looked at folders 1-3 and marked her sheet. When she got to folder 4 she paused for several seconds. Det. Anderson informed her to take her time, but if she was not absolutely positive, to mark her sheet "No" and continue on. T.C. then looked at the rest of the folders 5-8 without pausing like she did on folder 4. T.C. stated she was sure the actor was in folder 4 based on his eyes and nose. She stated it was not anyone else in the photo array. T.C. states the subject in folder 4 was the person she pointed the shotgun at and is the person who walked down the middle of the street pointing a gun at her. T.C. states the person in folder 4 is the subject she observed slip and fire off three shots. T.C. states when the subject got up he fired four more shots at her. T.C. marked her sheet indicating she had not identified anyone. Det. Anderson checked the photo array folders and observed the target of the array was in folder 4 that being Andre M. DYSON b/m 12/01/98. Complaint is further based upon the statement of J.N. who states that on December 31, 2018 he observed at the location of 1668 S. 23 rd Street, a male subject with a gun. J.N. states the subject pointed it at him and told him to Get back into your fucking house if you don t want to die. J.N. states he observed a white female striking his landlord, S.O., on the ground and then observed the female turn toward him while holding a black handgun. J.N. states at this point he then pounds on the front door of his unit to alert T.C. and to get inside of the residence. J.N. states he observed T.C. come outside with a machete at which point the male subject with the gun runs southbound on S. 23 rd Street, crossing W. Mitchell Street. J.N. states the subject falls and then shoots at T.C., at which time he advised T.C. to stop going after the subject. J.N. further states that he observed a news broadcast and identified S.N. from a photo on news as the female he observed striking S.O. and armed with a black handgun. J.N. also states he observed a photo of C.B. on the same newscast and stated this was not the same male subject he observed point a gun at him and shoot at T.C. Detective David Anderson conducted a photo array that was shown to J.N. J.N. looked at the folders and stopped on folder 2 and wanted to place it off to the side. J.N. was informed that he needed to mark his sheet and go to the next folder and that if he was not positive, to circle "No". If he wanted to
Andre M Dyson, DOB: 12/01/1998 Page 4 see the folder again Det. Anderson stated he would show J.N. the entire array again. J.N. than marked his sheet and continued on to folders 3, 4 and 5. J.N. again stopped on folder 5 and paused for even a longer time then previously. J.N. marked his sheet. J.N. then continued on to folder 6 and marked his sheet and then 7 and 8 and informed Det. Anderson there were no photos. J.N. stated he believed it was the subject in folder 5 because of his eyes and nose. He informed Det. Anderson that it was not any of the subjects in folders 1-4, or 6-8. He again stated he was pretty sure it was the subject in folder 5. He states this was the subject who was pointing a gun at him prior to the female pointing a gun. He was basing his partial identification on the upper part of his face mainly the eyes and nose. J.N. marked his sheet indicating he had not identified anyone. Det. Anderson checked the photo array folders and observed the target of the array was in folder 5 that being Andre M. DYSON b/m 12/01/98. Mirandized statement of Andre Dyson During a Mirandized statement the above-named defendant, Andre Dyson, at first claimed he had never seen a subject identified as C.B., when shown a booking photo of C.B. Additionally, when shown a booking photo of a subject identified as S.N., the defendant stated that he knew this person as Jessica or Jessie but had only seen her a couple of times. After explaining the importance of telling the truth, the defendant admitted to being present with C.B. and S.N. during two different robbery incidents. Defendant Dyson now stated that he knew C.B. as Bae Bae and S.N. as Shannon. Defendant states he was picked up by C.B. and S.N. at approximately 1:00pm, on December 31, 2018, in a two-door black Chevy Trailblazer. Defendant stated that S.N. s child, A.H., was in the vehicle with them during the incidents. Defendant states that S.N. was talking about committing robberies as they drove around and drank alcohol in the car. Defendant Dyson states that during the first robbery incident located at approximately S. 15 th Street and W. Greenfield Ave, S.N. told them to stop the car and pointed out the victim working under the hood of his vehicle. Defendant states C.B. and S.N. got out of the car, while he wanted to stay in the car, but S.N. told him to get out with them, so he did, leaving S.N. s child in the car. Defendant states that C.B. pointed a gun at the victim and they robbed him of unknown items. After the incident, defendant states he learned that S.N. wanted to take the victim s vehicle but there was a club on the steering wheel. Regarding the second robbery incident that occurred at the approximate location of S. 23 rd Street and W. Mitchell Street, the defendant states that S.N. pointed a black, 9mm handgun at an older male, and that he (defendant) pushed a female to the ground. Defendant states that the female screamed so he kicked her because the screaming startled him. Defendant states that a black male was then at the door of a nearby residence and a black female came out of the same house with a shotgun. Defendant claims the female fired the shotgun, causing him to run away from the location. Defendant states that he did hear more than one gun being fired but denies being armed himself. Defendant states he continued to run away from the scene and never met back up with C.B. and S.N. again. Defendant states his black, LG phone was left in the Chevy Trailblazer. Defendant further states that he did not know why S.N. had her child with her while she was committing robberies and that he did not like getting in the car with S.N. and C.B. when they had the child in the car. Defendant states that this was because he knew they committed robberies and he did not like the idea of doing that with the child present. Defendant states that he should have tried to stop S.N. and C.B., or at least left them once he knew they planned to commit robberies, but he was homeless and it was cold outside so he stayed with them.
Andre M Dyson, DOB: 12/01/1998 Page 5 Complaint is further based upon the statement of N.R. who states that she spoke to S.N. prior to the vehicle pursuit on December 31, 2018. N.R. states that she had spoken with S.N. and that S.N. was angry because the guy she was with ran off. N.R. explained that S.N. had contacted her shortly after 8:00pm and told her that she was with Andre Dyson, Charles and her baby, when they were in a shoot-out. When asked what the shoot-out was about, N.R. stated that she believed that they had just done a robbery that went bad. N.R. states that S.N. was mad at Andre because when they were getting shot at, Andre was supposed to grab her child, but he didn t and instead ran off. Defendant later learned from his aunt that the Chevy Trailblazer he was previously riding in on December 31, 2018, with S.N. and C.B., was involved in a fleeing incident and fatal crash, resulting in the death of S.N., C.B. and A.H. ****End of Complaint**** Electronic Filing Notice: This case was electronically filed with the Milwaukee County Clerk of Circuit Court office. The electronic filing system is designed to allow for fast, reliable exchange of documents in court cases. Parties who register as electronic parties can file, receive and view documents online through the court electronic filing website. A document filed electronically has the same legal effect as a document filed by traditional means. You may also register as an electronic party by following the instructions found at http://efiling.wicourts.gov/ and may withdraw as an electronic party at any time. There is a $ 20.00 fee to register as an electronic party. If you are not represented by an attorney and would like to register an electronic party, you will need to contact the Clerk of Circuit Court office at 414-278-4120. Unless you register as an electronic party, you will be served with traditional paper documents by other parties and by the court. You must file and serve traditional paper documents. Criminal Complaint prepared by Ann Romero Lopez. Subscribed and sworn to before me on 01/06/19 Electronically Signed By: Jesica A Ballenger Assistant District Attorney State Bar #: 1079301 Electronically Signed By: Det. David Anderson Complainant