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PO HEIMSNESS

MPD Case 06-154206

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Case 06-154206

Original Reports

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MPD CASE NUMBER f') b - I:,?f 2..0 10

MADISON POLICE DEPARTMENT 211 S CARROLL ST

MADISON WI S3703 RECORD REQUEST

_Walk In _Phone _Mall _Faxed Date of Request ~/1"I,o Requestor's Name _-cDY-'-'e .. '-'-""-=----..::C:;.:4'-'~"'~'""''''_'_-fo:: ____ DOB _____ _ CompanyName __ ~ ____ =-________________________ ___

Address -----+C~I~'--I1-7-1----f----- Phone ___ _

Claim Number __________________________________ _ SpeCific records requested State soeCifical/v what your request IS Include name date time location case number and birth dates when possible

_Full Release .-.)LCondltlonal Release LRedacted _lO'd person ONLY _NO Release-Denied _Juvenile Record _Active Investigation _Pendmg DA Action _SensItive Incident _Informant Information _Medical Information

_Unable to Redact _Incarcerated Requestor ___ Chapter 51

Not AvaJiable (compiled) =3lPersonallD Information _Other

Captain Carl GI~e [6- Release Date E/O/;a

_Charge _Cash _Mall _Pickup Pages COPled_--55-"o,--,@2S¢perpage Pages Copied @ SO¢ per page Contacts @ 25¢ per page Photographs @ each Videos/CDs _. ___ @ each Certified @ $6 each Record Checks@ ____ ,each Postage/Handling Total Amount Due

___ Fax Fax Number ______ _

$ =7·50 L $ $_----$,-----$,----$,-----$,------

$,----

Employee filling request ________ Date _______ _

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MPD CASE NUMBER f') b - I:,?f 2..0 10

MADISON POLICE DEPARTMENT 211 S CARROLL ST

MADISON WI S3703 RECORD REQUEST

_Walk In _Phone Date of Request Requestor's Name

_Mall _Faxed ~/1"llo

CompanyName __ ~~ __ ~ ________________________ _

Address ---+C"""IH'~'-f1-"'---l----t----- Phone ___ _

Claim Number ____ -:--_____ ---c:---________ -,----:--____ _

SpeCific records requested State soeCifical/v what your request IS Include name date time location case number and birth dates when possible

_Full Release .-.)LCondltlonal Release LRedacted _lO'd person ONLY _NO Release-Denied _Juvenile Record _Active Investigation _Pendmg DA Action _SensItive Incident _Informant Information _Medical Information

_Unable to Redact _Incarcerated Requestor _Chapter 51

Not AvaJiable (compiled) =3lPersonallD Information _Other

Captain Carl GI~e [6- Release Date E/O/;a

__ Charge _Cash _Mall _Pickup Pages copled,_---55r"o'---@2S¢perpage Pages Copied @ SO¢ per page Contacts @ 25¢ per page Photographs @ each Videos/CDs _. ___ @ each Certified @ $6 each Record Checks @ ____ each Postage/Handling Total Amount Due

_Fax Fax Number _______ _

$ =7·50 L $ $,-----$_---$_--$_--$----

$_---

Employee filling request _______ ,Date, _______ _

McRoberts Julie

From Sent To Subject

Can you pull this

Gloede Carl Thursday August 19 20101122 AM McRoberts Julie FW Police Report

From Dan Cassuto [madto dcassuto@wkowtv com] Sent Thursday August 19 2010 9 57 AM To Gloede Carl Subject Police Report

Good morning

-----

WKOW requests the polIce report stemming from the Jacob Bauer arrest on Dec 28 or 29 2006 at State Street Brats In

downtown Madison

We re workmg on a story for today so I d really appreciate your prompt response

Thanks very much

Dan

Dan Cassuto Consumer/Invesltgaltve Reporter Saturday Anchor

WKOW 27 News Call for ActIOn 5727 Tokay Blvd Madison Wise 53703 Dlrect (608) 271 2118 Cell (608) 669 3103

1

4

McRoberts Julie

From Sent To Subject

Can you pull this

Gloede Carl Thursday August 19 20101122 AM McRoberts Julie FW Police Report

From Dan Cassuto [madto dcassuto@wkowtv com] Sent Thursday August 19 2010 9 57 AM To Gloede Carl Subject Police Report

Good morning

-----

WKOW requests the polIce report stemming from the Jacob Bauer arrest on Dec 28 or 29 2006 at State Street Brats In

downtown Madison

We re workmg on a story for today so I d really appreciate your prompt response

Thanks very much

Dan

Dan Cassuto Consumer/Invesltgaltve Reporter Saturday Anchor

WKOW 27 News Call for ActIOn 5727 Tokay Blvd Madison Wise 53703 Dlrect (608) 271 2118 Cell (608) 669 3103

1

MADISON POLICE DEPARTMENT

Date of Report 12/29/2006 Case No 2006 154206 Onglnal Ref No

Occurred InCident 98 911 Disconnect SeclArea 403 CENTRAL Dispatched as 98 911 Disconnect Grid STATELANGD

Case Offense ARRESTED PERSON I 2ND DEGREE RECKLESSLY ENDANGERING SAFETY I RESISTING

Addr of Occurrence Call DatelTlme Dispatch DatelTlme Reporting Officer SpeCial Routing

603 State SI (State St Brats) 12129/200601 59 From DatelTlme 12/29/2006 01 59 Thru DatelTlme PO STEPHEN E HEIMS NESS 2792 PROFESSIONAL STANDARDS 1 Sergeant MIEROW 1 TAVERN FILE

SUSPECT

EMPLOYER HOWIDD STATUS ARRESTED CHARGE #1 CHARGE #2 INJURIES

VICTIM

EMPLOYER HOWIDD INJURIES

CONSENT

JACOB E BAUER ARRESTED MIW DOB 05/08/1983 (23 yrs) Height 510 Weight 150 HalrColor BRO HairLenglh SHRT EyeColor HAl Glasses NONE FaclalHalr BRDO BUild AVG Clothing BLACK AND ORANGE HOODED JACKET ORANGE T SHIRT DEPICTED WITH PICTURE OF BRASS KNUCKLES AND PROBLEM SOLVER BLUE JEANS 1032 N HGHPOINT 772 6248 BR DIAMOND SUITE WI PHOTO ID PSB 12/29/06 AT 204 AM 2ND DEGREE RECKLESSLY ENDANGER SAFETY S S 941 30(1) RESISTING PEACE OFFICER S S 94641(1) BAUER HAD A LACERATION ON RIGHT THUMB AND A LACERATION APPROX 2 CM IN LENGTH AT THE AREA WHERE HIS RIGHT NOSTRIL MEETS HIS FACE MERITER STAFF WISHED TO SUTURE BOTH OF THESE LACERATIONS BUT BAUER REFUSED MEDICAL TREATMENT AlKlA JAY

"LJIDT AND BLUE JEANS

SCHMALING HAD A SMALL LACERATION ON UPPER RIGHT SIDE OF HIS HEAD AS WELL AS A SMALL LACERATION ON THE INSIDE OF HIS RIGHT EAR CANAL I COULD NOT SEE THE LENGTH OF THESE LACERATIONS AS THEY WERE OBSCURED BY CLOnED BLOOD SCHMALING REFUSED MEDICAL AnENTION SCHMALING STATED HE DID NOT GIVE BAUER CONSENT TO STRIKE HIM CAUSE HIM PAIN OR ANY INJURY AlKlA BEN

WITNESS ADAM J PISCHKE CONTACTED MIW DOB ",(22 yrs) 603 STATE ST

EMPLOYER STATE ST BRATS SECURITY HOW ID D VERBALLY

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Date of Report 12/29/2006 Case No 2006 154206 Onglnal Ref No

Occurred InCident 98 911 Disconnect SeclArea 403 CENTRAL Dispatched as 98 911 Disconnect Grid STATELANGD

Case Offense ARRESTED PERSON I 2ND DEGREE RECKLESSLY ENDANGERING SAFETY I RESISTING


603 State SI (State St Brats) 12129/200601 59 From DatelTlme 12/29/2006 01 59 Thru DatelTlme PO STEPHEN E HEIMS NESS 2792 PROFESSIONAL STANDARDS 1 Sergeant MIEROW 1 TAVERN FILE

SUSPECT

EMPLOYER HOWIDD STATUS ARRESTED CHARGE #1 CHARGE #2 INJURIES

VICTIM

EMPLOYER HOWIDD INJURIES

CONSENT

JACOB E BAUER ARRESTED MIW DOB 05/08/1983 (23 yrs) Height 510 Weight 150 HalrColor BRO HairLenglh SHRT EyeColor HAl Glasses NONE FaclalHalr BRDO BUild AVG Clothing BLACK AND ORANGE HOODED JACKET ORANGE T SHIRT DEPICTED WITH PICTURE OF BRASS KNUCKLES AND PROBLEM SOLVER BLUE JEANS 1032 N HGHPOINT 772 6248 BR DIAMOND SUITE WI PHOTO ID PSB 12/29/06 AT 204 AM 2ND DEGREE RECKLESSLY ENDANGER SAFETY S S 941 30(1) RESISTING PEACE OFFICER S S 94641(1) BAUER HAD A LACERATION ON RIGHT THUMB AND A LACERATION APPROX 2 CM IN LENGTH AT THE AREA WHERE HIS RIGHT NOSTRIL MEETS HIS FACE MERITER STAFF WISHED TO SUTURE BOTH OF THESE LACERATIONS BUT BAUER REFUSED MEDICAL TREATMENT AlKlA JAY

NJIDT AND BLUE JEANS

SCHMALING HAD A SMALL LACERATION ON UPPER RIGHT SIDE OF HIS HEAD AS WELL AS A SMALL LACERATION ON THE INSIDE OF HIS RIGHT EAR CANAL I COULD NOT SEE THE LENGTH OF THESE LACERATIONS AS THEY WERE OBSCURED BY CLOnED BLOOD SCHMALING REFUSED MEDICAL AnENTION SCHMALING STATED HE DID NOT GIVE BAUER CONSENT TO STRIKE HIM CAUSE HIM PAIN OR ANY INJURY AlKlA BEN

WITNESS ADAM J PISCHKE CONTACTED MIW DOB ",(22 yrs) 603 STATE ST

EMPLOYER STATE ST BRATS SECURITY HOW ID D VERBALLY

Case # 154206 PO STEPHEN E HEIMSNESS 2792 Page 2 of6

OFFICER INFORMATION Dressed In full military Madison Pohce uniform operaling marked squad car

NARRATIVE

On 12/29/06 at approximately 1 55 am Police Officer C Ursa and I were dispatched to 603 State St State Street Brats reference a 911 disconnect Shortly thereafter Dispatch updated the call to advise that they had received another call reference the Incident was that one subject had stuck another In the face with a glass

Upon arnvalln our marked squad car Police Officer Ursa and I were Immediately flagged down by several people on State St In front of State St Brats reference the Incident Those subjects also pOinted out several people In front of the bar who were posturing as If to fight and engaged In verbal taunts At thiS time I did not know If thiS was related to the Incident which occurred Inside the bar and I asked for more umts to respond As the Initial call reference the person struck with the glasses which was Inside State St Brats and Dispatch had also adVised that State St Brats employees were holding the suspect until police arrived Police Officer Urso and I did respond directly Into the bar

As I entered the bar I did see a MNV later Identified as Bauer being told by several State St Brats bouncers who wear distinctive t shirts which say State Street Brats on the front and Secunty on the back to Sit down In a booth ThiS was In the northeast corner of the bar at the booths against that east wall

As Police Officer Ursa and I entered the bar weanng our full military style Madison Police Uniforms did see Bauer Sit down but upon seeing me he did stand up and I approached him telling him to put hiS hands behind hiS back I Wished to place him Into handcuffs Immediately given the Violent nature of the inCident and that he had allegedly struck someone In the face causing It to break and injuring someone At that lime Bauer faced me and I saw him bnng hiS hands out In front of him At that time I saw that hiS right hand was cut and there was blood on It As I did not want to touch Bauer s blood I then went to the pouch on my duty belt which holds protective gloves In order to put them on In order to use universal precauflons In touching Bauer as hiS hand had blood on It As I did thiS Bauer then turned to hiS left and then ran southbound through the bar At that lime Inside the bar there was to my knowledge only workers present as It was after bar time I would eslimate there were approximately 7 to 8 employees inSide the bar and there were approximately 4 of 5 secunty personnel In the area but there was no one between Bauer and the south end of the bar at the lime

Bauer did run south and then turned east mto t¥ie passage way which leads to the outdoor seating area on the east of the bUilding Given that It was after bar time and It was cold out I did not beheve the doorway Into that seating area would be open I did call to Bauer You re not gOing to get far that way and before I could yell anything else to him I saw him run Into the door which leads to the outdoor seating area stnklng With hiS hand and leaVing a bloody handpnnt on the glass

I had also entered that entryWay In case that door was unlocked and he was able to flee to the outSide As the door was locked I Identified Immediately catch up to Bauer I then grasped onto Bauer s left Wrist and upper coat sleeves and ordered him Get on the ground but he did not follow my order and Instead reached out With hiS left hand and stiff armed me In the face I later saw there was smeared blood on the fight Side of my face In the area where Bauer had sliff armed me

By thiS lime multiple State St Brats bouncers had entered the entranceway and one of them asked me If he could assist me By thiS time Police Officer Urso had been able to make hiS way through the bouncers and as the area was very confined approximately 3 feet Wide by approximately 6 feet long

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OFFICER INFORMATION Dressed In full military Madison Pohce uniform operaling marked squad car

NARRATIVE

On 12/29/06 at approximately 1 55 am Police Officer C Ursa and I were dispatched to 603 State St State Street Brats reference a 911 disconnect Shortly thereafter Dispatch updated the call to advise that they had received another call reference the Incident was that one subject had stuck another In the face with a glass

Upon arnvalln our marked squad car Police Officer Ursa and I were Immediately flagged down by several people on State St In front of State St Brats reference the Incident Those subjects also pOinted out several people In front of the bar who were posturing as If to fight and engaged In verbal taunts At thiS time I did not know If thiS was related to the Incident which occurred Inside the bar and I asked for more umts to respond As the Initial call reference the person struck with the glasses which was Inside State St Brats and Dispatch had also adVised that State St Brats employees were holding the suspect until police arrived Police Officer Urso and I did respond directly Into the bar

As I entered the bar I did see a MNV later Identified as Bauer being told by several State St Brats bouncers who wear distinctive t shirts which say State Street Brats on the front and Secunty on the back to Sit down In a booth ThiS was In the northeast corner of the bar at the booths against that east wall

As Police Officer Ursa and I entered the bar weanng our full military style Madison Police Uniforms did see Bauer Sit down but upon seeing me he did stand up and I approached him telling him to put hiS hands behind hiS back I Wished to place him Into handcuffs Immediately given the Violent nature of the inCident and that he had allegedly struck someone In the face causing It to break and injuring someone At that lime Bauer faced me and I saw him bnng hiS hands out In front of him At that time I saw that hiS right hand was cut and there was blood on It As I did not want to touch Bauer s blood I then went to the pouch on my duty belt which holds protective gloves In order to put them on In order to use universal precauflons In touching Bauer as hiS hand had blood on It As I did thiS Bauer then turned to hiS left and then ran southbound through the bar At that lime Inside the bar there was to my knowledge only workers present as It was after bar time I would eslimate there were approximately 7 to 8 employees inSide the bar and there were approximately 4 of 5 secunty personnel In the area but there was no one between Bauer and the south end of the bar at the lime

Bauer did run south and then turned east mto t¥ie passage way which leads to the outdoor seating area on the east of the bUilding Given that It was after bar time and It was cold out I did not beheve the doorway Into that seating area would be open I did call to Bauer You re not gOing to get far that way and before I could yell anything else to him I saw him run Into the door which leads to the outdoor seating area stnklng With hiS hand and leaVing a bloody handpnnt on the glass

I had also entered that entryWay In case that door was unlocked and he was able to flee to the outSide As the door was locked I Identified Immediately catch up to Bauer I then grasped onto Bauer s left Wrist and upper coat sleeves and ordered him Get on the ground but he did not follow my order and Instead reached out With hiS left hand and stiff armed me In the face I later saw there was smeared blood on the fight Side of my face In the area where Bauer had sliff armed me

By thiS lime multiple State St Brats bouncers had entered the entranceway and one of them asked me If he could assist me By thiS time Police Officer Urso had been able to make hiS way through the bouncers and as the area was very confined approximately 3 feet Wide by approximately 6 feet long


I told the bouncers that we did not wish their help at that time Police Officer Urso and I repeatedly ordered Bauer to get on the ground but he did not do so and he continued to hold his left arm out and stiff arm me In the face With Police Officer Ursa s help I was then able to direct Bauer onto the floor In that confined area where he continued to resist our efforts I did feel him turning back and forth and pushing against me With hiS left hand on my torso

As Bauer was confined In a small area and we were unable to move to any POSition of advantage I then grasped Bauer S outstretched left arm at hiS Wrist near hiS left elbow and dragged him to the west out Into the portion of the entryway several feet mto the bar area

As I was dOing thiS Bauer did turn on hiS Side and continued to resist efforts by twisting and turning and I did feel a reSistive tension In Bauer S left arm Police Officer Ursa and I repeatedly ordered Bauer to get onto hiS stomach but he did not do So

As I know from profeSSional experience In working the State St area for several years on the night shift at bar time bar room floors are often littered With debriS including bottles and broken glass Given the nature of the InCident up until thiS pomt that Bauer had struck someone In Ihe face Wllh the glass breaking I did not Wish Bauer to gain any advantage on us or be able to pick anything up and use It as a weapon against us I then delivered several kicks uSing my right leg to Bauer S back ordering him to get on hiS stomach DUring these kicks Bauer did turn on hiS stomach and I was able to drag him slightly further out Into the bar room I continued to apply approximately 2 more kicks ordering Bauer to place hiS hands behind hiS back because by thiS time I had lost gnp on Bauer s left hand and It was not under control I did see thai when I lost the grasp on Bauer s left hand he did place It under hiS body

By thiS time Bauer had come to a prone position lYing on hiS stomach however hiS hands were not controlled and I did not know the location of hiS left hand DUring the times that I had dragged Bauer out Into the bar room area hiS jacket had been pulled up over hiS head and I could not see hiS head nor where hiS left arm and hand were I then got down to my knees and I did deliver several knee strikes uSing my right knee I did apply approximately 4 10 5 knee strikes ordering Bauer to place hiS hands behmd hiS back After the last knee slnke I delivered I did hear Bauer state Okay okay And I did see him put hiS left hand out Bauer had crossed hiS left hand across the front of hiS body and It was under hiS coat on the fight Side of thiS body I did reach out and grasp onlo thiS hand and In dOing so my hand went underneath Bauer s coat which Will stili over hiS head I Immediately felt that the coat was wet and once I grabbed onto hiS Wrist I felt that hiS arm and hand were wet as well I then pulled back the jacket which was over Bauer s head and I saw that there was an area of blood all over the floor I saw that my left hand was also covered With blood and that there was blood all over Bauer s face and head

I then brought Bauer s hand around to hiS left Side and to the small of hiS back where he was then handcuffed

DUring the midst of the struggle With Bauer Dispatch did ask for an update on our status and I was able to Inform them that we were attempting to take a reSistive subject Into custody and other officers did respond In to assist us

Once Police Officer R OrviS had arrived he did put on rubber gloves In order to mOnitor and conlrol Bauer and Police Officer Ursa and I did release our grasp on Bauer In order to wash hiS blood off of us I saw that there was blood on my jacket sleeves my hands and my Uniform pants I also saw thai while I was watching my hands that there was blood smeared on the right Side of my face where Bauer had stiff armed me

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I told the bouncers that we did not wish their help at that time Police Officer Urso and I repeatedly ordered Bauer to get on the ground but he did not do so and he continued to hold his left arm out and stiff arm me In the face With Police Officer Ursa s help I was then able to direct Bauer onto the floor In that confined area where he continued to resist our efforts I did feel him turning back and forth and pushing against me With hiS left hand on my torso

As Bauer was confined In a small area and we were unable to move to any POSition of advantage I then grasped Bauer S outstretched left arm at hiS Wrist near hiS left elbow and dragged him to the west out Into the portion of the entryway several feet mto the bar area

As I was dOing thiS Bauer did turn on hiS Side and continued to resist efforts by twisting and turning and I did feel a reSistive tension In Bauer S left arm Police Officer Ursa and I repeatedly ordered Bauer to get onto hiS stomach but he did not do So

As I know from profeSSional experience In working the State St area for several years on the night shift at bar time bar room floors are often littered With debriS including bottles and broken glass Given the nature of the InCident up until thiS pomt that Bauer had struck someone In Ihe face Wllh the glass breaking I did not Wish Bauer to gain any advantage on us or be able to pick anything up and use It as a weapon against us I then delivered several kicks uSing my right leg to Bauer S back ordering him to get on hiS stomach DUring these kicks Bauer did turn on hiS stomach and I was able to drag him slightly further out Into the bar room I continued to apply approximately 2 more kicks ordering Bauer to place hiS hands behind hiS back because by thiS time I had lost gnp on Bauer s left hand and It was not under control I did see thai when I lost the grasp on Bauer s left hand he did place It under hiS body

By thiS time Bauer had come to a prone position lYing on hiS stomach however hiS hands were not controlled and I did not know the location of hiS left hand DUring the times that I had dragged Bauer out Into the bar room area hiS jacket had been pulled up over hiS head and I could not see hiS head nor where hiS left arm and hand were I then got down to my knees and I did deliver several knee strikes uSing my right knee I did apply approximately 4 10 5 knee strikes ordering Bauer to place hiS hands behmd hiS back After the last knee slnke I delivered I did hear Bauer state Okay okay And I did see him put hiS left hand out Bauer had crossed hiS left hand across the front of hiS body and It was under hiS coat on the fight Side of thiS body I did reach out and grasp onlo thiS hand and In dOing so my hand went underneath Bauer s coat which Will stili over hiS head I Immediately felt that the coat was wet and once I grabbed onto hiS Wrist I felt that hiS arm and hand were wet as well I then pulled back the jacket which was over Bauer s head and I saw that there was an area of blood all over the floor I saw that my left hand was also covered With blood and that there was blood all over Bauer s face and head

I then brought Bauer s hand around to hiS left Side and to the small of hiS back where he was then handcuffed

DUring the midst of the struggle With Bauer Dispatch did ask for an update on our status and I was able to Inform them that we were attempting to take a reSistive subject Into custody and other officers did respond In to assist us

Once Police Officer R OrviS had arrived he did put on rubber gloves In order to mOnitor and conlrol Bauer and Police Officer Ursa and I did release our grasp on Bauer In order to wash hiS blood off of us I saw that there was blood on my jacket sleeves my hands and my Uniform pants I also saw thai while I was watching my hands that there was blood smeared on the right Side of my face where Bauer had stiff armed me

Case # 154206 PO STEPHEN E HEIMS NESS 2792 Page 4 of6

I did request Fire Rescue to respond to our location as Bauer had been bleeding profusely from the face as a result of the struggle They did respond and Bauer was brought to the ambulance where he was placed on the gurney and taken to Menter Hospital Police Officer Sheehy and E Becker did go to Menter Hospital In order to maintain custody of Bauer Police Officer Sheehy did ride In the ambulance with Bauer In case he became reslslive with Fire Rescue staff

I then spoke with one of the security staff at State St Brats Pischke He stated that he was standing InSide the bar room and saw the victim later Idenllfled as Schmallng standing In the aisle between the bar and the tables ThiS aisle was located on the west Side of the bar room

Pischke stated he believed Schmaling was faCing west partially towards the bar and partially north towards the front of the bUSiness when he saw Bauer reach across a couple of patrons who were standing between them with glasses and hit Schmaling In the face with It caUSing the glass to break

Pischke did not see the beginning of thiS InCident which led up to Bauer striking Schmallng With the glass but he did hear staff members tell him that It appeared a fight was about to break out involVing Bauer and that IS why he moved to that area

I asked Pischke If he knew who had struck Bauer With that glass and he told me that It was a subject they had detained and that had run from me and In turn we had taken Into custody ThiS subject was Bauer

I did go outSide State St Brats as I saw there were several people outSide It appeared that there were 2 distinct separate groups on each Side of the street At that lime It became apparent to me that one group on the odd Side of the 600 block In front of State St Brats were fnends of the vlcllm and that the subjects on the even Side directly across the street were fnends of Bauer I could hear the friends of Bauer yelling across the street stating that somebody that they had known had been Involved In a fight With Bauer Upon Bauer being brought outSide and then hiS companions saw that he had been Injured and had blood on hiS face and clothing they then changed their focus onto the pOlice making statements to the affect of The cops fucked Jacob up and other statements that the police had beat Bauer At the time of the inCident none of those subject to my knowledge were

InSide the bar and were not direct witnesses The phYSical state of Bauer was very upsetting to these subjects and approximately 3 or 4 of them repeatedly walked Into the street and began to walk up to and crowd the ambulance where Bauer was being seen and being placed In the back of the ambulance Those SUbjects had to be repeatedly ordered to get back away from the officers as well as the ambulance and to get back on the Sidewalk I did see Police Officer C Hemming repeatedly order these subjects to get back and they stated to her that they did not need to get back and they would not do so Several other officers also had to order these subjects back multiple times Once the group went back onto the Sidewalk It was only a matter of a few seconds before they became agitated again and again encroached onto the ambulance These subjects had to be repeatedly ordered back and threatened With arrest If they did not follow police orders before they were compliant and stayed away

Once I saw that the scene became less chaotiC and that all officers present weren t needed for scene security and to protect the ambulance I did see a MNV standing near one of our marked squad cars I saw thiS subject was a MNV weanng a white t shirl and blue jeans and that he had blood on the left Side of hiS neck and t shirl as well as dried blood from inSide hiS left ear canal I asked the subject later Identified as Schmaling If he had been Injured InSide State St Brat and he stated he had been struck In the face or the head by someone With a glass inSide the bar

8

Case # 154206 PO STEPHEN E HEIMS NESS 2792 Page 4 of6

I did request Fire Rescue to respond to our location as Bauer had been bleeding profusely from the face as a result of the struggle They did respond and Bauer was brought to the ambulance where he was placed on the gurney and taken to Menter Hospital Police Officer Sheehy and E Becker did go to Menter Hospital In order to maintain custody of Bauer Police Officer Sheehy did ride In the ambulance with Bauer In case he became reslslive with Fire Rescue staff

I then spoke with one of the security staff at State St Brats Pischke He stated that he was standing InSide the bar room and saw the victim later Idenllfled as Schmallng standing In the aisle between the bar and the tables ThiS aisle was located on the west Side of the bar room

Pischke stated he believed Schmaling was faCing west partially towards the bar and partially north towards the front of the bUSiness when he saw Bauer reach across a couple of patrons who were standing between them with glasses and hit Schmaling In the face with It caUSing the glass to break

Pischke did not see the beginning of thiS InCident which led up to Bauer striking Schmallng With the glass but he did hear staff members tell him that It appeared a fight was about to break out involVing Bauer and that IS why he moved to that area

I asked Pischke If he knew who had struck Bauer With that glass and he told me that It was a subject they had detained and that had run from me and In turn we had taken Into custody ThiS subject was Bauer

I did go outSide State St Brats as I saw there were several people outSide It appeared that there were 2 distinct separate groups on each Side of the street At that lime It became apparent to me that one group on the odd Side of the 600 block In front of State St Brats were fnends of the vlcllm and that the subjects on the even Side directly across the street were fnends of Bauer I could hear the friends of Bauer yelling across the street stating that somebody that they had known had been Involved In a fight With Bauer Upon Bauer being brought outSide and then hiS companions saw that he had been Injured and had blood on hiS face and clothing they then changed their focus onto the pOlice making statements to the affect of The cops fucked Jacob up and other statements that the police had beat Bauer At the time of the inCident none of those subject to my knowledge were

InSide the bar and were not direct witnesses The phYSical state of Bauer was very upsetting to these subjects and approximately 3 or 4 of them repeatedly walked Into the street and began to walk up to and crowd the ambulance where Bauer was being seen and being placed In the back of the ambulance Those SUbjects had to be repeatedly ordered to get back away from the officers as well as the ambulance and to get back on the Sidewalk I did see Police Officer C Hemming repeatedly order these subjects to get back and they stated to her that they did not need to get back and they would not do so Several other officers also had to order these subjects back multiple times Once the group went back onto the Sidewalk It was only a matter of a few seconds before they became agitated again and again encroached onto the ambulance These subjects had to be repeatedly ordered back and threatened With arrest If they did not follow police orders before they were compliant and stayed away

Once I saw that the scene became less chaotiC and that all officers present weren t needed for scene security and to protect the ambulance I did see a MNV standing near one of our marked squad cars I saw thiS subject was a MNV weanng a white t shirl and blue jeans and that he had blood on the left Side of hiS neck and t shirl as well as dried blood from inSide hiS left ear canal I asked the subject later Identified as Schmaling If he had been Injured InSide State St Brat and he stated he had been struck In the face or the head by someone With a glass inSide the bar


Schmaling stated he had been standing Inside the bar near the tables which are next to the aisle which runs In front of the main bar on the first floor Schmaling said he was standing Inside the bar facing towards the front of the business when he was suddenly struck on the side of the head by a subject holding a pint glass Schmaling said he felt pain and that he was cut by thiS glass as It broke on hiS face and head I did see that Schmallng had a small laceration which was no longer bleeding on the left Side of hiS head I could not see how big thiS lacerallon was because It had stopped bleeding and It was obscured by dfled blood I also saw that there appeared to be a cut Inside hiS left ear canal but thiS was also obscured With dfled and clotted blood I asked Schmahng If he wanted to be scene by Fire Rescue or needed an ambulance and he stated he did not Wish to be seen by Fire Rescue nor to be transported to the hospital Schmaling I noted had the odor of Intoxicants on hiS breath however he did give me a coherent statement and I had no difficulty understanding him I asked Schmaling why he did not stay on scene upon police afflval Schmaling stated after he had been struck With the glass he then went to hiS car and was gOing to go to the hospital or some other place In order to look at hiS Injufles and to see If he needed any assistance Schmaling stated that fflends of hiS who remained on scene stated that police had arrived on scene and had detained/arrested a suspect In the InCident and he then returned In order to give pOlice a statement do not know where Schmaling went between the lime of the InCident and when I contacted him outside of the bar

Special Investigator Hessefort did come to the 600 block of State St where he photographed the Injunes to Schmaling Special Investigator Hessefort also went to Menter Hospital and photographed the InJufles to Bauer as well

Police Officer Ursa did provide Schmaling With a VRI sheet and he was released from the scene Police Officer Urso and I then went to Meflter Hospital where we stood by as Bauer refused medical treatment He did not Wish to receive sutures at the adVice of medical staff for the lacerallon near hiS fight nostnl and fight thumb I did see that Bauer did sign a sheet stating that he was refUSing treatment Sergeant Mlerow was also at the hospital and she contacted the staff at the PSB reference Bauer s InjUfleS and hiS refusal to accept medical treatment and was Informed that the Jail would take Bauer as long as he was cleared by Menter Hospital staff Bauer was medically cleared by Merlter Hospital staff I aSSisted Police Officer Urso In removmg the handcuffs which secured Bauer to the gurney inSide exam room #4 and I did secure hiS hands behind hiS back uSing one set of handcuffs checking them for fit and safety locking them Police Officer Sheehy and Police Officer Becker did escort Bauer to the rear of our marked squad car where he was placed In the backseat

Police Officer Urso and I transported Bauer to the PSB where he was escorted Into the bookmg area The admllllstrative tasks necessary to book Bauer Into the Jail for 2 d degree recklessly endangeflng safety and resisting a peace officer were conducted Sergeant Mlerow had spoken With OIC Sergeant A Schwartz reference the inCident and charges I did completed Probable Cause AffidaVit for those charges

Bauer was taken mto the Jail by the bookmg deputies and Police Officer Urso and I then left the Jail haVing no further part In the mvesllgatlon at that time and went to patrol to complete reports

DUring the time that Bauer was resisting our efforts to take him Into custody he repeatedly called Police Officer Urso and I faggots and repeatedly stated fuck you as we were ordering him to get on the ground and place hiS hands on the ground Once at the hospital Bauer conhnued to be abUSive towards us as well as other officers calling them fags and telling me that If I went one on one With you I d kill you and lick my balls Bauer also asked me If we arrested the subject who had caused the cut to hiS face I stated to Bauer that he had received that cut on hiS face while he was resisting

9


Schmaling stated he had been standing Inside the bar near the tables which are next to the aisle which runs In front of the main bar on the first floor Schmaling said he was standing Inside the bar facing towards the front of the business when he was suddenly struck on the side of the head by a subject holding a pint glass Schmaling said he felt pain and that he was cut by thiS glass as It broke on hiS face and head I did see that Schmallng had a small laceration which was no longer bleeding on the left Side of hiS head I could not see how big thiS lacerallon was because It had stopped bleeding and It was obscured by dfled blood I also saw that there appeared to be a cut Inside hiS left ear canal but thiS was also obscured With dfled and clotted blood I asked Schmahng If he wanted to be scene by Fire Rescue or needed an ambulance and he stated he did not Wish to be seen by Fire Rescue nor to be transported to the hospital Schmaling I noted had the odor of Intoxicants on hiS breath however he did give me a coherent statement and I had no difficulty understanding him I asked Schmaling why he did not stay on scene upon police afflval Schmaling stated after he had been struck With the glass he then went to hiS car and was gOing to go to the hospital or some other place In order to look at hiS Injufles and to see If he needed any assistance Schmaling stated that fflends of hiS who remained on scene stated that police had arrived on scene and had detained/arrested a suspect In the InCident and he then returned In order to give pOlice a statement do not know where Schmaling went between the lime of the InCident and when I contacted him outside of the bar

Special Investigator Hessefort did come to the 600 block of State St where he photographed the Injunes to Schmaling Special Investigator Hessefort also went to Menter Hospital and photographed the InJufles to Bauer as well

Police Officer Ursa did provide Schmaling With a VRI sheet and he was released from the scene Police Officer Urso and I then went to Meflter Hospital where we stood by as Bauer refused medical treatment He did not Wish to receive sutures at the adVice of medical staff for the lacerallon near hiS fight nostnl and fight thumb I did see that Bauer did sign a sheet stating that he was refUSing treatment Sergeant Mlerow was also at the hospital and she contacted the staff at the PSB reference Bauer s InjUfleS and hiS refusal to accept medical treatment and was Informed that the Jail would take Bauer as long as he was cleared by Menter Hospital staff Bauer was medically cleared by Merlter Hospital staff I aSSisted Police Officer Urso In removmg the handcuffs which secured Bauer to the gurney inSide exam room #4 and I did secure hiS hands behind hiS back uSing one set of handcuffs checking them for fit and safety locking them Police Officer Sheehy and Police Officer Becker did escort Bauer to the rear of our marked squad car where he was placed In the backseat

Police Officer Urso and I transported Bauer to the PSB where he was escorted Into the bookmg area The admllllstrative tasks necessary to book Bauer Into the Jail for 2 d degree recklessly endangeflng safety and resisting a peace officer were conducted Sergeant Mlerow had spoken With OIC Sergeant A Schwartz reference the inCident and charges I did completed Probable Cause AffidaVit for those charges

Bauer was taken mto the Jail by the bookmg deputies and Police Officer Urso and I then left the Jail haVing no further part In the mvesllgatlon at that time and went to patrol to complete reports

DUring the time that Bauer was resisting our efforts to take him Into custody he repeatedly called Police Officer Urso and I faggots and repeatedly stated fuck you as we were ordering him to get on the ground and place hiS hands on the ground Once at the hospital Bauer conhnued to be abUSive towards us as well as other officers calling them fags and telling me that If I went one on one With you I d kill you and lick my balls Bauer also asked me If we arrested the subject who had caused the cut to hiS face I stated to Bauer that he had received that cut on hiS face while he was resisting

Case # 154206 PO STEPHEN E HEIMSNESS 2792 Page 6 of 6

as a result of my stnklng him Bauer then repeatedly told me Way to earn that star and Good Job He also repeatedly stated Thank you very much for InJunng him

After Bauer had been taken Into custody I did feel pain In the muscles above my right knee In the area of the head of the quadnceps Once at patrol I was able to examine that area and saw that there was considerable swelling accompanYing that pain I did have Special Investigator Hessefort photograph thiS area of swelling as well as redness to document my Injury

Please see supplemental reports by other responding officers for further Infonnatlon

Supervisory Officer ID

Reporting Officer 1 D 2792 PO STEPHEN E HEIMSNESS

NFNdla

10

Case # 154206 PO STEPHEN E HEIMSNESS 2792 Page 6 of 6

as a result of my stnklng him Bauer then repeatedly told me Way to earn that star and Good Job He also repeatedly stated Thank you very much for InJunng him

After Bauer had been taken Into custody I did feel pain In the muscles above my right knee In the area of the head of the quadnceps Once at patrol I was able to examine that area and saw that there was considerable swelling accompanYing that pain I did have Special Investigator Hessefort photograph thiS area of swelling as well as redness to document my Injury

Please see supplemental reports by other responding officers for further Infonnatlon


Reporting Officer 1 D 2792 PO STEPHEN E HEIMSNESS

NFNdla


Date of Report

Occurred Incident Dispatched as

12/29/2006

98 911 Disconnect 98 911 Disconnect

Case No Ref No Sec/Area Grid

2006 154206 Supplement

403 CENTRAL STATELANGD

Case Offense ARRESTED PERSON /2ND DEGREE RECKLESSLY ENDANGERING SAFETY


603 State St 12/29/2006 01 59 12/29/2006 01 59 PO COREY URSO 3094 Police Officer HSEIMSNESS

SUSPECT JACOB E BAUER

From DatelTlme Thru Date/Time

MIW DOB 05/08/1983 (23 yrs) Height 510 Weight 150

HOWIDD STATUS ARRESTED

VICTIM

HalrColor BRO EyeColor HAZ 1032 N HIGHPOINT RD 7726248 WI PHOTO 10 DCJ 12/29106 AT 2 04 AM

BENJAMIN C SCHMALING MIW DOB ".(20 yrs)

ARRESTED

OFFICER INFORMATION Dressed In full military Madison Police uniform operating marked squad car

NARRATIVE

On 12/29/06 at approximately 1 55 am I was weanng full military style Madison Police uniform and dnvlng a fully marked 2 person squad car with Police Officer S Helmsness who was also In full military style Madison Police Uniform when we were dispatched to State Street Brats at 603 State Street reference a battery which had Just occurred there with the suspect being detained InSide the bar

Upon approaching State Street Brats on State St In our fully marked squad car I observed an unknown individual step out In the pathway of our subsequently and begin to wave at us As we pulled up In front of State St Brats thiS IndiVidual contacted me at my dnver Side Window telling me that there were a number of fights gOing on pOinting to both Sides of the street and then towards State St Brats I parked our fully marked squad car along the street and Police Officer Helmsness and I made our way through a large crowd to the entrance of State St Brats as Dispatch had reported that a suspect to a battery was being detained inside

As we entered the bar Police Officer Helmsness was a few steps In front of me and as we went through the entryway and then through the Intenor door stepping Into the bar I observed Police Officer Helmsness attempting to make contact with an Individual whom was next to what appeared to be to me 4 to 5 State Street Brat employees As Police Officer Helmsness was a few steps ahead of me the employees were able to move between us so that I was looking at Police Officer Helmsness and the suspect through these employees A few seconds later I observed a suspect who was Idenlifled as Jacob Bauer begin to run In a direction away from me and away from Police Officer

11


Date of Report


12/29/2006





Case Offense ARRESTED PERSON /2ND DEGREE RECKLESSLY ENDANGERING SAFETY


603 State St 12/29/2006 01 59 12/29/2006 01 59 PO COREY URSO 3094 Police Officer HSEIMSNESS


From DatelTlme Thru Date/Time

MIW DOB 05/08/1983 (23 yrs) Height 510 Weight 150

HOWIDD STATUS ARRESTED

VICTIM

HalrColor BRO EyeColor HAZ 1032 N HIGHPOINT RD 7726248 WI PHOTO 10 DCJ 12/29106 AT 2 04 AM

BENJAMIN C SCHMALING MIW DOB ".(20 yrs)

ARRESTED

OFFICER INFORMATION Dressed In full military Madison Police uniform operating marked squad car

NARRATIVE

On 12/29/06 at approximately 1 55 am I was weanng full military style Madison Police uniform and dnvlng a fully marked 2 person squad car with Police Officer S Helmsness who was also In full military style Madison Police Uniform when we were dispatched to State Street Brats at 603 State Street reference a battery which had Just occurred there with the suspect being detained InSide the bar

Upon approaching State Street Brats on State St In our fully marked squad car I observed an unknown individual step out In the pathway of our subsequently and begin to wave at us As we pulled up In front of State St Brats thiS IndiVidual contacted me at my dnver Side Window telling me that there were a number of fights gOing on pOinting to both Sides of the street and then towards State St Brats I parked our fully marked squad car along the street and Police Officer Helmsness and I made our way through a large crowd to the entrance of State St Brats as Dispatch had reported that a suspect to a battery was being detained inside

As we entered the bar Police Officer Helmsness was a few steps In front of me and as we went through the entryway and then through the Intenor door stepping Into the bar I observed Police Officer Helmsness attempting to make contact with an Individual whom was next to what appeared to be to me 4 to 5 State Street Brat employees As Police Officer Helmsness was a few steps ahead of me the employees were able to move between us so that I was looking at Police Officer Helmsness and the suspect through these employees A few seconds later I observed a suspect who was Idenlifled as Jacob Bauer begin to run In a direction away from me and away from Police Officer

Case # 154206 PO COREY URSO 3094 Page 2 of4

Helmsness I observed Police Officer Helmsness begin to take off after this Individual as well as the State Street Brat employees I qUickly followed and observed Bauer turn to hiS left to go to what I knew was a short comdor In a doorway leading outside When I got to the end of the cOrridor and looked down I observed 2 to 3 State Street Brat employees and then on the other Side of them I saw Police Officer Helmsness and then saw Bauer who had hiS hand up against the glass door which led outside of State St Brats

I could hear one of the employees asking something to the effect of Should we do anything? I then placed my right hand on the arm/shoulder of the employee directly In front of me applYing some pressure to move him saying loudly 2 to 3 limes Let me through I was able to get past the 2 or 3 employees and as I got to Police Officer Helmsness I observed Bauer and Police Officer Helmsness were In phYSical contact With each other and could hear Police Officer Helmsness yelling loudly at Bauer to get on the ground We were In a short COrridor/hallway which I approximate to be about 3 to 4 feet Wide by 6 to 7 feet long On one end of thiS COrridor was a glass door eXiting State St Brats and on the other end of the COrridor was an opening 1I1to the large bar room As I got to Police Officer Helmsness I observed Bauer With hiS hands up In the shoulder/face area of Police Officer Helmsness pushing him away I was In full military style Madison Police Uniform when I qUickly approached Bauer and gave him a very loud direct order to get on the ground as I grabbed a hold of hiS right hand and bicep I could feel strong reSistive tension as I attempted to direct Bauer to the floor and could feel that he was resisting the downward movement I then let go of thiS grip and used my nght hand to grab on the top of Bauer s head and my left hand to grab the top of hiS shoulder and then used thiS to attempt to direct him face first to the ground I again felt strong resistive tension even though I was again and stili yelling Ipudly a direct order to Bauer to get on the ground I did then leave my nght hand on the back of Bauer s head/neck area and used my right hand and one of my feet to block the legs of Bauer then pushing him downwards face first onto the ground Bauer did not Immediately go to the ground while dOing thiS I had to struggle With him for a couple/few seconds With him In order to get him to the ground as he was reslsling the downward movement With very strong resistive tension While we were struggling With Bauer I heard him say more than once faggots and fuck you As Bauer was directed to the ground he first landed on hiS knees and then

With the assistance of Police Officer Helmsness we moved him forward so that he actually went completely to the ground laYing down I observed that after laYing facedown on the ground Bauer Immediately turned onto hiS left Side at which time I was able to grab a hold of hiS nght Wrist which I could feel at thiS time was wet and sticky I was yelling loudly to Bauer to gIVe me hiS arm and to place It behmd hiS back but I could feel that Bauer was attempting to get hiS arm back and attempting to pull It Into hiS stomach/chest area I did at thiS time observe that what I was holding onto which was wet and sticky was a red/brown colored wet substance which I believed was blood I did at thiS time realize that I did not want to have to struggle With Bauer any longer than necessary as I did not want to get thiS blo hazard In any culs or wounds that I may receive In the struggle I then did at thiS time begin to kneel on Bauer s nght Side which made It pOSSible for me to get him to roll onto hiS stomach at which time I was able to struggle and get hiS nght arm behind hiS back I was then able to look and see that there was a large amount of blood on my hand on both the palm and back of my hand as well as my wnst and forearm I was focused on the arm which I had at thiS time but could hear Police Officer Helmsness yelling loudly for Bauer to give him hiS other arm I did look up to see that Bauer s head and shoulder areas were completely covered by hiS sweatshirt and that hiS left arm was also up In hiS sweatshirt so that I could not see hiS forearm or hand

I was attempting to get a beUer grip on Bauer s wrist/hand as I could not tell where the blood was coming from and at Ihls time realized that Police Officer Helmsness was gaining control of Bauer s left arm I did then remove the handcuffs from my belt and did then place them on first the right hand of Bauer and then as the 2 d hand came back on the left hand of Bauer I then removed both my hands frorn contact wllh Bauer and looked to see that my nght hand had a conSiderable amount of

12

Case # 154206 PO COREY URSO 3094 Page 2 of4

Helmsness I observed Police Officer Helmsness begin to take off after this Individual as well as the State Street Brat employees I qUickly followed and observed Bauer turn to hiS left to go to what I knew was a short comdor In a doorway leading outside When I got to the end of the cOrridor and looked down I observed 2 to 3 State Street Brat employees and then on the other Side of them I saw Police Officer Helmsness and then saw Bauer who had hiS hand up against the glass door which led outside of State St Brats

I could hear one of the employees asking something to the effect of Should we do anything? I then placed my right hand on the arm/shoulder of the employee directly In front of me applYing some pressure to move him saying loudly 2 to 3 limes Let me through I was able to get past the 2 or 3 employees and as I got to Police Officer Helmsness I observed Bauer and Police Officer Helmsness were In phYSical contact With each other and could hear Police Officer Helmsness yelling loudly at Bauer to get on the ground We were In a short COrridor/hallway which I approximate to be about 3 to 4 feet Wide by 6 to 7 feet long On one end of thiS COrridor was a glass door eXiting State St Brats and on the other end of the COrridor was an opening 1I1to the large bar room As I got to Police Officer Helmsness I observed Bauer With hiS hands up In the shoulder/face area of Police Officer Helmsness pushing him away I was In full military style Madison Police Uniform when I qUickly approached Bauer and gave him a very loud direct order to get on the ground as I grabbed a hold of hiS right hand and bicep I could feel strong reSistive tension as I attempted to direct Bauer to the floor and could feel that he was resisting the downward movement I then let go of thiS grip and used my nght hand to grab on the top of Bauer s head and my left hand to grab the top of hiS shoulder and then used thiS to attempt to direct him face first to the ground I again felt strong resistive tension even though I was again and stili yelling Ipudly a direct order to Bauer to get on the ground I did then leave my nght hand on the back of Bauer s head/neck area and used my right hand and one of my feet to block the legs of Bauer then pushing him downwards face first onto the ground Bauer did not Immediately go to the ground while dOing thiS I had to struggle With him for a couple/few seconds With him In order to get him to the ground as he was reslsling the downward movement With very strong resistive tension While we were struggling With Bauer I heard him say more than once faggots and fuck you As Bauer was directed to the ground he first landed on hiS knees and then

With the assistance of Police Officer Helmsness we moved him forward so that he actually went completely to the ground laYing down I observed that after laYing facedown on the ground Bauer Immediately turned onto hiS left Side at which time I was able to grab a hold of hiS nght Wrist which I could feel at thiS time was wet and sticky I was yelling loudly to Bauer to gIVe me hiS arm and to place It behmd hiS back but I could feel that Bauer was attempting to get hiS arm back and attempting to pull It Into hiS stomach/chest area I did at thiS time observe that what I was holding onto which was wet and sticky was a red/brown colored wet substance which I believed was blood I did at thiS time realize that I did not want to have to struggle With Bauer any longer than necessary as I did not want to get thiS blo hazard In any culs or wounds that I may receive In the struggle I then did at thiS time begin to kneel on Bauer s nght Side which made It pOSSible for me to get him to roll onto hiS stomach at which time I was able to struggle and get hiS nght arm behind hiS back I was then able to look and see that there was a large amount of blood on my hand on both the palm and back of my hand as well as my wnst and forearm I was focused on the arm which I had at thiS time but could hear Police Officer Helmsness yelling loudly for Bauer to give him hiS other arm I did look up to see that Bauer s head and shoulder areas were completely covered by hiS sweatshirt and that hiS left arm was also up In hiS sweatshirt so that I could not see hiS forearm or hand

I was attempting to get a beUer grip on Bauer s wrist/hand as I could not tell where the blood was coming from and at Ihls time realized that Police Officer Helmsness was gaining control of Bauer s left arm I did then remove the handcuffs from my belt and did then place them on first the right hand of Bauer and then as the 2 d hand came back on the left hand of Bauer I then removed both my hands frorn contact wllh Bauer and looked to see that my nght hand had a conSiderable amount of

Case # 154206 PO COREY URSO 3094 Page 3 of 4

blood on both the palm and the back of the hand and that there were spots of blood on both the bottom and top of my right forearm

Once Bauer was In handcuffs I did look up In order to see that the bar was still mainly empty besides the employees who were In the bar at the time of our entrance Note upon our entrance I did not see any patrons In the bar besides Bauer As I looked up and observed the large bar area which was In front of us I could see that directly In front of us and around us were the same 3 to 5 employees which were around us dUring the struggle These employees were directly around us and very close to us surrounding us I also looked backwards behind me and observed that on the glass door behind us was a partial handprint In a red/brown substance I believed that thiS partial handprint was In the same location on thiS glass door where I had seen Bauer's hand when I first looked down the corndor

Police Officer R OrviS and Police Officer B Sheehy did arnve on scene and did assist In taking brief custody of Bauer while I went to the bathroom and washed the blood from my hands which I had gotten from Bauer S right hand I did observe later once Bauer was cleaned up that he did have a laceration on the InSide of hiS right thumb For more Information on Bauer being taking Into custody see Police Officer Helmsness anginal report under thiS case number

After the struggle and Bauer being In custody I observed that Bauer was bleeding from somewhere on hiS head or face I did at thiS time Immediately get on the radiO and asked for Fire Rescue to come and look at Bauer Bauer did then remain on the ground while Fire Rescue was en route and It was dUring thiS time where I did leave Bauer In the bnef custody of Pohce Officer Sheehy and Police Officer OrviS while I went to the bathroom Fife Rescue arnved on scene and Fire Rescue did then transport Bauer to Menter Hospital In their ambulance and Police Officer Sheehy did nde along In the ambulance for thiS transport

Police Officer Helmsness and I then did respond to Menter Hospital to re contact Bauer and upon arnval when entenng the room which Bauer was In at Menter Hospital ER I Immediately observed the t shirt which Bauer was wearing which was completely orange In color and had a very large picture of brass knuckles which covered most of the front of the t shirt and over the top of It In large black leiters It said something to the effect of problem solver I also observed that Bauer S face was cleaned except for a small amount of blood under hiS nose and a laceration below hiS nostnl I also observed that Bauer had a laceration on hIS right thumb

While standing by to observe Bauer as he was at thiS time In custody I heard Menter Hospital staff ask Bauer more than once If he would allow them to both stitch hiS nose and also place a bandage on hiS nght hand I heard Bauer answer each time that he would not allow them to do thiS until they let him speak with hiS mother or lawyer I heard each time the staff would tell Bauer that he was not gOing to be able to speak with hiS mother at that time and what they needed to know was would he give them consent for stitches or a bandage and he conlinued to not answer and again tell them that he would only allOW thiS If they would allow him to talk to hiS mother I overheard Menter Hospital staff talking to each other saYing that they were not gOing to hold Bauer down and force him to get slitches or a bandage and that they were taking thiS as a refusal for medical treatment As I stood outSide of the room In the hallway Bauer called me Into the room asking If he could ask a question Bauer asked me what hiS charge was gOing to be and when I Informed him that I believed at thiS time It was recklessly endangering safety along with reslsling he called me a faggot 3 to 4 times and told me to suck my cock once and then began saYing fuck you over and over at which lime I moved from the room back Into the hallway and he said It 2 or 3 more times even after I eXited the room While at the hospital Special Investlgalor Hessefort did take photos of Bauer

13


blood on both the palm and the back of the hand and that there were spots of blood on both the bottom and top of my right forearm

Once Bauer was In handcuffs I did look up In order to see that the bar was still mainly empty besides the employees who were In the bar at the time of our entrance Note upon our entrance I did not see any patrons In the bar besides Bauer As I looked up and observed the large bar area which was In front of us I could see that directly In front of us and around us were the same 3 to 5 employees which were around us dUring the struggle These employees were directly around us and very close to us surrounding us I also looked backwards behind me and observed that on the glass door behind us was a partial handprint In a red/brown substance I believed that thiS partial handprint was In the same location on thiS glass door where I had seen Bauer's hand when I first looked down the corndor

Police Officer R OrviS and Police Officer B Sheehy did arnve on scene and did assist In taking brief custody of Bauer while I went to the bathroom and washed the blood from my hands which I had gotten from Bauer S right hand I did observe later once Bauer was cleaned up that he did have a laceration on the InSide of hiS right thumb For more Information on Bauer being taking Into custody see Police Officer Helmsness anginal report under thiS case number

After the struggle and Bauer being In custody I observed that Bauer was bleeding from somewhere on hiS head or face I did at thiS time Immediately get on the radiO and asked for Fire Rescue to come and look at Bauer Bauer did then remain on the ground while Fire Rescue was en route and It was dUring thiS time where I did leave Bauer In the bnef custody of Pohce Officer Sheehy and Police Officer OrviS while I went to the bathroom Fife Rescue arnved on scene and Fire Rescue did then transport Bauer to Menter Hospital In their ambulance and Police Officer Sheehy did nde along In the ambulance for thiS transport

Police Officer Helmsness and I then did respond to Menter Hospital to re contact Bauer and upon arnval when entenng the room which Bauer was In at Menter Hospital ER I Immediately observed the t shirt which Bauer was wearing which was completely orange In color and had a very large picture of brass knuckles which covered most of the front of the t shirt and over the top of It In large black leiters It said something to the effect of problem solver I also observed that Bauer S face was cleaned except for a small amount of blood under hiS nose and a laceration below hiS nostnl I also observed that Bauer had a laceration on hIS right thumb

While standing by to observe Bauer as he was at thiS time In custody I heard Menter Hospital staff ask Bauer more than once If he would allow them to both stitch hiS nose and also place a bandage on hiS nght hand I heard Bauer answer each time that he would not allow them to do thiS until they let him speak with hiS mother or lawyer I heard each time the staff would tell Bauer that he was not gOing to be able to speak with hiS mother at that time and what they needed to know was would he give them consent for stitches or a bandage and he conlinued to not answer and again tell them that he would only allOW thiS If they would allow him to talk to hiS mother I overheard Menter Hospital staff talking to each other saYing that they were not gOing to hold Bauer down and force him to get slitches or a bandage and that they were taking thiS as a refusal for medical treatment As I stood outSide of the room In the hallway Bauer called me Into the room asking If he could ask a question Bauer asked me what hiS charge was gOing to be and when I Informed him that I believed at thiS time It was recklessly endangering safety along with reslsling he called me a faggot 3 to 4 times and told me to suck my cock once and then began saYing fuck you over and over at which lime I moved from the room back Into the hallway and he said It 2 or 3 more times even after I eXited the room While at the hospital Special Investlgalor Hessefort did take photos of Bauer


Upon being medically cleared by Menter Hospital staff Bauer whom had been handcuffed to the side ralls on the bed was then placed In double locked handcuffs which were behind his back Bauer along with all his property was then escorted out of the hospital and placed In the back of our squad car so that he could be transported to Jail Once at the Jail all the necessary paperwork Including the booking worksheet and probable cause affidaVit were completed In full and a Jail nurse came out to speak With Bauer I heard a very Similar conversation as I heard at the hospital as the nurse was asking Bauer If she would let him clean up and look at his nose He told her that he would only allow thiS If they would let him call his mom

Bauer was then left In the custody of the DCJ booking deputy With no further contact

While stili on scene at State Street Brats I did assISt SpeCial Investigator Hessefort In taking photos of the victim Benjamin Schmallng I did then give Schmallng a VRI sheet including the case number For more information on a statement from Schmallng and hiS status see Police Officer Helmsness onglnal report under thiS case number

Supervisory Dlfreer 10

Reportmg Officer I D 3094 PO COREY URSO

NFNdla

14


Upon being medically cleared by Menter Hospital staff Bauer whom had been handcuffed to the side ralls on the bed was then placed In double locked handcuffs which were behind his back Bauer along with all his property was then escorted out of the hospital and placed In the back of our squad car so that he could be transported to Jail Once at the Jail all the necessary paperwork Including the booking worksheet and probable cause affidaVit were completed In full and a Jail nurse came out to speak With Bauer I heard a very Similar conversation as I heard at the hospital as the nurse was asking Bauer If she would let him clean up and look at his nose He told her that he would only allow thiS If they would let him call his mom

Bauer was then left In the custody of the DCJ booking deputy With no further contact

While stili on scene at State Street Brats I did assISt SpeCial Investigator Hessefort In taking photos of the victim Benjamin Schmallng I did then give Schmallng a VRI sheet including the case number For more information on a statement from Schmallng and hiS status see Police Officer Helmsness onglnal report under thiS case number

Supervisory Dlfreer 10

Reportmg Officer I D 3094 PO COREY URSO

NFNdla


Date of Report


Case Offense Addr of Occurrence Call DatelTlme Dispatch DateiTIme Reporting Officer Special Routing

WITNESS

EMPLOYER

1213012006


BATTERY 603 State St 12129/2006 01 59 12/291200601 59 PO TAYA M DOLSEN 3640

HOW ID D VERBALLY

CONTACT

HOWIDD ALTERNATE ADDRESS OF

OFFICER NARRATIVE

Case No Ref No Sec/Area Gnd



From DatelTlme Thru DateiTIme

On 12/29/06 at approximately 1 59 am officers were dispatched to State Street Brats reference a disturbance After a couple of minutes officers there mdlcated they needed additional help and I was dispatched

Upon arnval I could see that Officer Helmsness and Officer Ursa had a male In custody I mtervlewed an employee of State Street Brats who said that he had seen what had happened

Nathan Quella said that he was standing near the bar area close to the front entrances when a disturbance broke out He said that hiS back was to the suspect that s listed on Officer Helmsness report when Quella saw the suspect hit another person Quella said that hiS back was to that suspect when he saw him reach over Quella s shoulder and hit another person with a glass That other person IS listed as a Victim In Officer Helmsness report

Quella said that he turned and took the suspect to the ground detaining him He told me that the suspect started to calm down and was askmg for a rag for a cut on hiS hand The suspect was calm and cooperative until the police walked m the door Quella said at that pOint the suspect became very agitated and ran from the police Quella did not remember anything the suspect said only that It was a disturbance In general

I then interviewed Mitchel Fahey who IS a fflend of the Victim S Fahey told me that the suspect came up to him and said something to the effect of Why you talking shit about me? Fahey said that he doesn t know the suspect and has no Idea what he was talking about Fahey witnessed the suspect hit the victim In the head With a glass Fahey said that he may have gotten a httle piece of glass In hiS eye and he would call me If he reqUired medical attention

NF Npao Supervisory Officer ID

Reporting Officer I D 3640 PO TAYA M DOLSEN

15


Date of Report


Case Offense Addr of Occurrence Call DatelTlme Dispatch DateiTIme Reporting Officer Special Routing

WITNESS

EMPLOYER

1213012006


BATTERY 603 State St 12129/2006 01 59 12/291200601 59 PO TAYA M DOLSEN 3640

HOW ID D VERBALLY

CONTACT

HOWIDD S LICENSE ALTERNATE ADDRESS OF

OFFICER NARRATIVE

Case No Ref No Sec/Area Gnd



From DatelTlme Thru DateiTIme

On 12/29/06 at approximately 1 59 am officers were dispatched to State Street Brats reference a disturbance After a couple of minutes officers there mdlcated they needed additional help and I was dispatched

Upon arnval I could see that Officer Helmsness and Officer Ursa had a male In custody I mtervlewed an employee of State Street Brats who said that he had seen what had happened

Nathan Quella said that he was standing near the bar area close to the front entrances when a disturbance broke out He said that hiS back was to the suspect that s listed on Officer Helmsness report when Quella saw the suspect hit another person Quella said that hiS back was to that suspect when he saw him reach over Quella s shoulder and hit another person with a glass That other person IS listed as a Victim In Officer Helmsness report

Quella said that he turned and took the suspect to the ground detaining him He told me that the suspect started to calm down and was askmg for a rag for a cut on hiS hand The suspect was calm and cooperative until the police walked m the door Quella said at that pOint the suspect became very agitated and ran from the police Quella did not remember anything the suspect said only that It was a disturbance In general

I then interviewed Mitchel Fahey who IS a fflend of the Victim S Fahey told me that the suspect came up to him and said something to the effect of Why you talking shit about me? Fahey said that he doesn t know the suspect and has no Idea what he was talking about Fahey witnessed the suspect hit the victim In the head With a glass Fahey said that he may have gotten a httle piece of glass In hiS eye and he would call me If he reqUired medical attention

NF Npao Supervisory Officer _______________________ ID

Reporting Officer I D 3640 PO TAYA M DOLSEN


Date of Report 12130/2006 Case No 2006 154206 Supplement Ref No

Occurred Incident 38 Disturbance Call Sec/Area 403 CENTRAL Dlspakhed as 98 911 Disconnect Grid STATELANGD

Case Offense DISTURBANCE/ARRESTED PERSON Addr of Occurrence Call Date/Time Dispatch DatelTime Reportmg Officer Special Routmg

603 Slate St 12/29/2006 01 59 12/29/2006 01 59 PO RYAN ORVIS 3116 TAVERN FILE

SUSPECT JACOB E BAUER MIW DOB 05108/1983 (23 yrs)

HOW ID D BY ANOTHER

OFFICER INFORMATION

From DatelTime Thru DatelTime

Dressed In full military style Uniform operating unmarked squad no 321

OFFICER NARRATIVE

ARRESTED

On 12/29/06 I was acting In my official capaCity as a member of the Central Dlstnct Community PoliCing Team On that date at approximately 1 59 am I was on routine patrol when I heard Officers Helmsness and Urso dispatched to a pOSSible fight at State Street Brats They advised over the air that they were receiving reports of people fighting inside and requested additional umts I began to respond that direction At one pOint Dispatch attempted to raise Officers Urso and Helmsness and then indicated to officers to speed up their response as they were getling radiO clicks from them

When I arnved on scene I noted a large crowd gathered outSide of the bar that was spilling Into State St I went Into the bar where I noticed Officer Helmsness and Officer Ursa were holding down a subject later 10 d as Jacob Bauer They were holding him down nght by the door which led onto the outSide patio on the east Side of the bar I observed that Bauer was lYing on hiS stomach and that he was handcuffed by the officers I observed that there was blood on the face of Bauer and observed blood on the floor around him At that lime I knelt down to relieve Officer Helmsness and I knelt down next to Bauer and placed my hands on hiS back to keep him In the posItion he was In Olher officers then began arriving on scene

As I was kneeling down with Bauer I noted that Fire/Rescue was arriving outSide At one pOint Officer Sheehy and PPO Emily Becker arrived on scene and were standing inSide the bar With us Bauer at that lime appeared very agitated and at one pOint he lifted up hiS head slightly and then attempted to SPit at the feet of PPO Becker who was standing about 4 feet away At that time Officer Sheehy and I used our hands to secure Bauer 5 head against the floor so that he was not able to SPit blood at officers Fire/Rescue personnel did come inSide and began speaking With Bauer He did begin to calm down and Fire/Rescue asked us to bring him 10 a standing POSition and lake him out to the ambulance Officer Sheehy and I aSSisted Bauer to hiS feet and then walked him outSide to the ambulance

Fire/Rescue personnel requested thaI we remove the handcuff from behind hiS back and secure hiS hands on the gurney railing We had Bauer Sit on the gurney and I then released hiS left hand to the handcuff and handed hiS right hand which stili had ItS cuff on It to Officer Sheehy I then placed another pair of handcuffs on hiS left hand and secure the other end to the Side of the gurney After

16


Date of Report 12130/2006 Case No 2006 154206 Supplement Ref No

Occurred Incident 38 Disturbance Call Sec/Area 403 CENTRAL Dlspakhed as 98 911 Disconnect Grid STATELANGD

Case Offense DISTURBANCE/ARRESTED PERSON Addr of Occurrence Call Date/Time Dispatch DatelTime Reportmg Officer Special Routmg

603 Slate St 12/29/2006 01 59 12/29/2006 01 59 PO RYAN ORVIS 3116 TAVERN FILE

SUSPECT JACOB E BAUER MIW DOB 05108/1983 (23 yrs)

HOW ID D BY ANOTHER

OFFICER INFORMATION

From DatelTime Thru DatelTime

Dressed In full military style Uniform operating unmarked squad no 321

OFFICER NARRATIVE

ARRESTED

On 12/29/06 I was acting In my official capaCity as a member of the Central Dlstnct Community PoliCing Team On that date at approximately 1 59 am I was on routine patrol when I heard Officers Helmsness and Urso dispatched to a pOSSible fight at State Street Brats They advised over the air that they were receiving reports of people fighting inside and requested additional umts I began to respond that direction At one pOint Dispatch attempted to raise Officers Urso and Helmsness and then indicated to officers to speed up their response as they were getling radiO clicks from them

When I arnved on scene I noted a large crowd gathered outSide of the bar that was spilling Into State St I went Into the bar where I noticed Officer Helmsness and Officer Ursa were holding down a subject later 10 d as Jacob Bauer They were holding him down nght by the door which led onto the outSide patio on the east Side of the bar I observed that Bauer was lYing on hiS stomach and that he was handcuffed by the officers I observed that there was blood on the face of Bauer and observed blood on the floor around him At that lime I knelt down to relieve Officer Helmsness and I knelt down next to Bauer and placed my hands on hiS back to keep him In the posItion he was In Olher officers then began arriving on scene

As I was kneeling down with Bauer I noted that Fire/Rescue was arriving outSide At one pOint Officer Sheehy and PPO Emily Becker arrived on scene and were standing inSide the bar With us Bauer at that lime appeared very agitated and at one pOint he lifted up hiS head slightly and then attempted to SPit at the feet of PPO Becker who was standing about 4 feet away At that time Officer Sheehy and I used our hands to secure Bauer 5 head against the floor so that he was not able to SPit blood at officers Fire/Rescue personnel did come inSide and began speaking With Bauer He did begin to calm down and Fire/Rescue asked us to bring him 10 a standing POSition and lake him out to the ambulance Officer Sheehy and I aSSisted Bauer to hiS feet and then walked him outSide to the ambulance

Fire/Rescue personnel requested thaI we remove the handcuff from behind hiS back and secure hiS hands on the gurney railing We had Bauer Sit on the gurney and I then released hiS left hand to the handcuff and handed hiS right hand which stili had ItS cuff on It to Officer Sheehy I then placed another pair of handcuffs on hiS left hand and secure the other end to the Side of the gurney After

Case # 154206 PO RYAN ORVIS 3116 Page 2 of 2

dOing so I spoke with several of Bauer 5 friends outside In the street After speaking with them briefly I told them I would be Willing to take down their names and take a statement about what they saw They declined to do so and adVised that they dldn t want to speak With me further about It

Please see other officers reports reference thiS inCident

NFAlJak


Reportmg Officer I D 3116 PO RYAN ORVIS

17

Case # 154206 PO RYAN ORVIS 3116 Page 2 of 2

dOing so I spoke with several of Bauer 5 friends outside In the street After speaking with them briefly I told them I would be Willing to take down their names and take a statement about what they saw They declined to do so and adVised that they dldn t want to speak With me further about It

Please see other officers reports reference thiS inCident

NFAlJak


Reportmg Officer I D 3116 PO RYAN ORVIS

Date of Report



1/212007



2006154206 Supplement


Case Offense ARR PERSON/2ND DEGREE RECKLESS ENDANGERING SAFETY/RESISTING

Addr of Occurrence Call DatelTlme Dispatch Daternme Reporting Officer SpeCial Routing

603 State St (State Street Brats) 12/29/2006 01 59 12/29/2006 01 59 SGT CINDY M MIEROW 2587 INTERNAL AFFAIRS L T ACKERET


From DatelTime Thru DalelTlme

MIW DOB 05/08/1983 (23 yrs) Height 510 Weight 150 STATUS PSB

VICTIM BENJAMIN C SCHMALING MIW DOB .. (20 yrs) Height 507 Weight 185

WITNESS

EMPLOYER HOW ID 0 VERBALLY

WITNESS

EMPLOYER

NARRATIVE

BRATS

ARRESTED

CONTACTED

CONTACTED

CONTACTED

On 12/29/06 at approximately 01 55am officers were dispatched to 603 State St State Street Brats reference a 911 disconnect Dispatch later advised the bouncers were detaining one subject Officer Helmsness adVised dispatch they had one reslslive subject inSide the bar

Upon my afflval inSide State Street Brats I observed a male subject later Identified as Jacob Bauer lYing facedown handcuffed specifically on the east side of the tavern I observed Fire Rescue tending to Bauer s faCial Injunes I approached Officers Helmsness and Urso who were standing next to Bauer and the paramedics and checked on their welfare I noted Officer Helmsness had a red smear which was later determined to be Bauer s blood to his right jaw line area

While inSide State Street Brats I observed numerous State Street Brats employees along With MAPD officers Officers on scene Interviewed several of the employees please see their reports for further details

I requested the officers get a hold of an Invesligator to take photos of the Victim Schmahng s Injuries as well as have him respond to Merlter to take photos of Jacob Bauer s Injuries I also responded to Menter ER to make contact With Bauer I entered the ER room and asked Bauer If he Wished to speak to me reference the InCident In State Street Brats and he adVised he Wished to speak to hiS

18

Date of Report



1/212007



2006154206 Supplement


Case Offense ARR PERSON/2ND DEGREE RECKLESS ENDANGERING SAFETY/RESISTING

Addr of Occurrence Call DatelTlme Dispatch Daternme Reporting Officer SpeCial Routing

603 State St (State Street Brats) 12/29/2006 01 59 12/29/2006 01 59 SGT CINDY M MIEROW 2587 INTERNAL AFFAIRS L T ACKERET


From DatelTime Thru DalelTlme

MIW DOB 05/08/1983 (23 yrs) Height 510 Weight 150 STATUS PSB

VICTIM BENJAMIN C SCHMALING MIW DOB .. (20 yrs) Height 507 Weight 185

WITNESS

EMPLOYER HOW ID 0 VERBALLY

WITNESS

EMPLOYER

NARRATIVE

BRATS

ARRESTED

CONTACTED

CONTACTED

CONTACTED

On 12/29/06 at approximately 01 55am officers were dispatched to 603 State St State Street Brats reference a 911 disconnect Dispatch later advised the bouncers were detaining one subject Officer Helmsness adVised dispatch they had one reslslive subject inSide the bar

Upon my afflval inSide State Street Brats I observed a male subject later Identified as Jacob Bauer lYing facedown handcuffed specifically on the east side of the tavern I observed Fire Rescue tending to Bauer s faCial Injunes I approached Officers Helmsness and Urso who were standing next to Bauer and the paramedics and checked on their welfare I noted Officer Helmsness had a red smear which was later determined to be Bauer s blood to his right jaw line area

While inSide State Street Brats I observed numerous State Street Brats employees along With MAPD officers Officers on scene Interviewed several of the employees please see their reports for further details

I requested the officers get a hold of an Invesligator to take photos of the Victim Schmahng s Injuries as well as have him respond to Merlter to take photos of Jacob Bauer s Injuries I also responded to Menter ER to make contact With Bauer I entered the ER room and asked Bauer If he Wished to speak to me reference the InCident In State Street Brats and he adVised he Wished to speak to hiS

Case # 154206 SGT CINDY M MIEROW 2587 Poge2of2

lawyer or his mother I noted an odor of mtoxlcants on Bauer 5 breath and observed bloodshot eyes and slurred speech I noted Bauer had a laceration on his right thumb and a small laceration at the area where hiS fight nostril meets hiS face I overheard Bauer advIsing Menter staff that he did not wish for any sutures until he spoke to hiS mother or a lawyer I did not ask any further questions of Bauer and left the hospital without InCident

Please see officers reports for further detail

NFNbls

Supervisory Officer

Reporting Officer

10

==-:0==:-:-:-;===:0;::-:-;----- 10 2587 SGT CINDY M MIEROW

19

Case # 154206 SGT CINDY M MIEROW 2587 Poge2of2

lawyer or his mother I noted an odor of mtoxlcants on Bauer 5 breath and observed bloodshot eyes and slurred speech I noted Bauer had a laceration on his right thumb and a small laceration at the area where hiS fight nostril meets hiS face I overheard Bauer advIsing Menter staff that he did not wish for any sutures until he spoke to hiS mother or a lawyer I did not ask any further questions of Bauer and left the hospital without InCident

Please see officers reports for further detail

NFNbls

Supervisory Officer

Reporting Officer

10

=-=-:::==:--:-o-cco==o::-:-:----- I 0 2587 SGT CINDY M MIEROW


Date of Report 12/29/2006 Case No 2006 154206 Supplement Ref No

Occurred Incident 98 911 Disconnect SeclArea 403 CENTRAL Dispatched as 98 911 Disconnect Grid STATELANGD

Case Offense ARRESTED PERSON 1 SECOND DEGREE RECKLESS ENDANGERING SAFETY I RESISTING

Addr of Occurrence Call DatelTime Dispatch DatelTime Reporting Officer SpeCial Routing

603 Stale St (State St Brats) 12/29/2006 01 59 From DatelTime 12/29/200601 59 Thru DatelTime DET GREGORY SESSER 2779

SUSPECT JACOB E BAUER MfW DOB 05/08/1983 (23 yrs) Height 510 Weight 150 HalrColor BRO EyeColor HAZ

STATUS DCJ ARRESTED 12/29/06204 AM

VICTIM

EMPLOYER

WITNESS

EMPLOYER

WITNESS

EMPLOYER

WITNESS

EMPLOYER

WITNESS

EMPLOYER

WITNESS ELISSA PARKER

EMPLOYER STATE STREET BRATS BARTENDER

ARRESTED

20



Occurred Incident 98 911 Disconnect SeclArea 403 CENTRAL Dispatched as 98 911 Disconnect Grid STATELANGD

Case Offense ARRESTED PERSON 1 SECOND DEGREE RECKLESS ENDANGERING SAFETY I RESISTING

Addr of Occurrence Call DatelTime Dispatch DatelTime Reporting Officer SpeCial Routing

603 Stale St (State St Brats) 12/29/2006 01 59 From DatelTime 12/29/200601 59 Thru DatelTime DET GREGORY SESSER 2779

SUSPECT JACOB E BAUER MfW DOB 05/08/1983 (23 yrs) Height 510 Weight 150 HalrColor BRO EyeColor HAZ

STATUS DCJ ARRESTED 12/29/06204 AM

VICTIM

EMPLOYER

WITNESS

EMPLOYER

WITNESS

EMPLOYER

WITNESS

EMPLOYER

WITNESS

EMPLOYER

WITNESS

GARETT R ALEXANDER

MIB DOB #' •• (23 yr~S).II •• n!iljjm •• _ till!il!illIl&:~ ~ ....... Sl1ct'ESTREET BRA1~nt

ELISSA PARKER

EMPLOYER STATE STREET BRATS BARTENDER

ARRESTED

Case # 154206 DET GREGORY SESSER 2779

WITNESS

EMPLOYER

CONTACT KELLY MEUER

MNV DOB =:,< yrs)

EMPLOYER STATE STREET BRATS OWNER

CONTACT

EMPLOYER

CONTACT

EMPLOYER

VINNIE M CHOLEWA MNV DOB 4@ii ...... {22 yrs)

.4~ iRliiitWfWiiMIiitM STATE REETBRATS ASSISTANT MANAGER

MATTHEWT GOETSCH MNV DOB iiIiWiiiii!I!ii(29 yrs) '<110 ilIl atSfAf~STREET BRATS

PROPERTY INFO Status Tag # Lkr# Description Code

Page 2 of4

E 178468 5 3 CDs containing digital footage from State Street Brats collected at 6 00 P m on 12/29/06 property tagged at 8 00 p m

OFFICER NARRATIVE On 12/29106 at the start of my tour of duty I was contacted by Detecllve L\ Mary Lou Rlcksecker reference follow up for case number 06 154206 Lt Rlcksecker asked me to respond to State Street Brats and attempt to secure video footage reference thiS case

At approximately 3 45 p m I went to 603 State St and made contact with the owner Kelly Meuer At thiS time Iidenllfled myself to Meuer as a detective With the Madison Police Department I asked Meuer If he could obtain for me the video footage from InSide of 603 State SI State Street Brats reference the InCident that occurred on 12/29/06 at approximately 1 59 a m Meuer Informed me at thiS lime that he had heard about the fight and that several of hiS employees had witnessed the altercation I then asked Meuer for the names of these employees that had witnessed the disturbance InSide of 603 State St At thiS time Meuer Informed me of the following individuals who were working at the lime of thiS InCident Nathan Quella Elissa Parker Adam Pischke Mike Matyslk and Max Michalski The employee names and phone numbers were Identified from an employee roster sheet

After obtaining possible witnesses reference thiS disturbance Kelly Meuer put me In contact With one of hiS employees that would be able to assist me In obtaining the Video surveillance footage The employee was Identified as Vinnie Cholewa

Vinnie Cholewa an assistant manager at State Street Brats took me Into the basement of State Street Brats where their digital recording system IS located Vinnie Cholewa showed me that the digital Video recording eqUipment that they utilize IS Pelco DX7116 240 and Pelco DX7000 Vinnie Cholewa Informed me that they need two separate digital Video recorders due to the fact that they have several cameras located inSide of the bar

21

Case # 154206 DEl GREGORY SESSER 2779 Page 2 of4

WITNESS

EMPLOYER

CONTACT KELLY MEUER

MNV DOB =:,r yrs)

EMPLOYER STATE STREET BRATS OWNER

CONTACT VINNIE M CHOLEWA MNV DOB _!ill:

EMPLOYER ~A~S~S~IS~T~A~N~T~~~~mI CONTACT MATTHEWT GOETSCH

MNV DOB iiIiWiiiii!I!ii(29 yrs) SiAZGIIf

EMPLOYER

PROPERTY INFO Status lag # Lkr# Description Code

E 178468 5 3 CDs containing digital footage from State Street Brats collected at 6 00 P m on 12/29/06 property taQged at 8 00 p m

OFFICER NARRATIVE On 12/29106 at the start of my tour of duty I was contacted by Detecllve L\ Mary Lou Rlcksecker reference follow up for case number 06 154206 Lt Rlcksecker asked me to respond to State Street Brats and attempt to secure Video footage reference thiS case

At approximately 3 45 P m I went to 603 State St and made contact with the owner Kelly Meuer At thiS time Iidenllfled myself to Meuer as a detective With the Madison Police Department I asked Meuer If he could obtain for me the Video footage from InSide of 603 State SI State Street Brats reference the InCident that occurred on 12/29/06 at approximately 1 59 a m Meuer Informed me at thiS lime that he had heard about the fight and that several of hiS employees had witnessed the altercation I then asked Meuer for the names of these employees that had witnessed the disturbance InSide of 603 State St At thiS time Meuer Informed me of the follOWing individuals who were working at the lime of thiS InCident Nathan Quella Elissa Parker Adam Pischke Mike Matyslk and Max Michalski The employee names and phone numbers were Identified from an employee roster sheet

After obtaining possible witnesses reference thiS disturbance Kelly Meuer put me In contact With one of hiS employees that would be able to assist me In obtaining the Video surveillance footage The employee was Identified as Vinnie Cholewa

Vinnie Cholewa an assistant manager at State Street Brats took me Into the basement of State Street Brats where their digital recording system IS located Vinnie Cholewa showed me that the digital Video recording eqUipment that they utilize IS Pelco DX7116 240 and Pelco DX7000 Vinnie Cholewa Informed me that they need two separate digital Video recorders due to the fact that they have several cameras located inSide of the bar

Case # 154206 DET GREGORY SESSER 2779 Page 3 of 4

At this time I reviewed the digital footage on their computer terminal In State Street Brats Vinnie Cholewa mformed me that he had looked through the video and did not beheve there was much that was actually captured on the video system due to the positioning of the video cameras Inside the bar

Specifically Vinnie Cholewa Illustrated to me that camera 4 In the bar captures the area of the bar that would be the northeast corner of the bar ThiS location IS Just outside of the scope of the camera location that would have captured the altercation between Jacob Bauer the suspect and BenJamm C Schmaling the victim In thiS investigation

Additionally Vinnie Cholewa was asked to show me all video camera locations Inside the bar In order to see If It was possible to capture the altercation In queslion from a different angle The only other camera angle that possibly could have been ulihzed to capture the altercalion between Bauer and Schmaling would have been through camera 6 Camera 6 IS located near the southwest corner of the bar and IS positioned to view the center of the bar However there were decoratIOns hanging Inside the bar and there were a lot of people inside the bar at the lime of the altercation therefore from camera 6 S Viewpoint the disturbance between Bauer and Schmaling was never captured on film

At thiS lime Goetsch stated to me that he was haVing difficulty actually downloading the video therefore he made contact with a co worker of hiS Matthew Goetsch to assist At thiS time Matthew Goetsch aSSisted me In downloading the Video Images

Matthew Goetsch ultimately downloaded for me three diSCS contalnmg footage from Inside of the bar

The dISCS In question are property tagged underneath tag number 0178468 Two of the diSCS that were property tagged are labeled camera 4 One of the diSCS that IS labeled under camera 4 contains the time penod of 1 51 a m to 2 08 a m The second diSC that has footage from camera 4 goes from the time span of 208 a m to 2 15 a m Lastly the third diSC contains footage from camera 6 s locahon ThiS time penod IS from 1 50 a m to 2 15 a m Again camera 4 S angle shows the northeast corner of the bar and camera 6 S angle shows the center of the bar from the southwest position

These diSCS were collected at 6 00 P m on 12/29/06

In reviewing the Video footage I observed from camera 4 what appears to be people Inside of the bar draWing their attention towards the north Side of State Street Brats ThiS area IS not observed from camera 4 s position however It IS apparent In observing the reaction of patrons InSide the bar that their attention IS drawn towards thiS area I was adVised by Cholewa that thiS was the location of the fight between Bauer and Schmaling

It appears as though several State Street Brats employees bartenders and/or secunty persons responded to thiS alterca\ton At thiS time from camera 4 s ViewpOint one can see that the suspect Jacob Bauer IS then seen on the ground and that employee Nathan Quella IS positioned on top of Bauer restraining him on the ground Nathan Quella was Identified to me by Vinnie Cholewa as the Individual on top of Bauer as seen from camera 4 S vantage pOint Additionally Cholewa Idenlifled from camera 4 s an off duty employee of State Street Brats a Tyler Kneuhubuel with a phone number of IS seen In the footage Kneuhubuel IS a tall white male with a white sweatshirt or hair It appears as though Tyler Kneuhubuells attempting to keep patrons away from the altercation

The altercation appears to start at approximately 1 54 a m as time stamped by the digital Video recorder

22


At this time I reviewed the digital footage on their computer terminal In State Street Brats Vinnie Cholewa mformed me that he had looked through the video and did not beheve there was much that was actually captured on the video system due to the positioning of the video cameras Inside the bar

Specifically Vinnie Cholewa Illustrated to me that camera 4 In the bar captures the area of the bar that would be the northeast corner of the bar ThiS location IS Just outside of the scope of the camera location that would have captured the altercation between Jacob Bauer the suspect and BenJamm C Schmaling the victim In thiS investigation

Additionally Vinnie Cholewa was asked to show me all video camera locations Inside the bar In order to see If It was possible to capture the altercation In queslion from a different angle The only other camera angle that possibly could have been ulihzed to capture the altercalion between Bauer and Schmaling would have been through camera 6 Camera 6 IS located near the southwest corner of the bar and IS positioned to view the center of the bar However there were decoratIOns hanging Inside the bar and there were a lot of people inside the bar at the lime of the altercation therefore from camera 6 S Viewpoint the disturbance between Bauer and Schmaling was never captured on film

At thiS lime Goetsch stated to me that he was haVing difficulty actually downloading the video therefore he made contact with a co worker of hiS Matthew Goetsch to assist At thiS time Matthew Goetsch aSSisted me In downloading the Video Images

Matthew Goetsch ultimately downloaded for me three diSCS contalnmg footage from Inside of the bar

The dISCS In question are property tagged underneath tag number 0178468 Two of the diSCS that were property tagged are labeled camera 4 One of the diSCS that IS labeled under camera 4 contains the time penod of 1 51 a m to 2 08 a m The second diSC that has footage from camera 4 goes from the time span of 208 a m to 2 15 a m Lastly the third diSC contains footage from camera 6 s locahon ThiS time penod IS from 1 50 a m to 2 15 a m Again camera 4 S angle shows the northeast corner of the bar and camera 6 S angle shows the center of the bar from the southwest position

These diSCS were collected at 6 00 P m on 12/29/06

In reviewing the Video footage I observed from camera 4 what appears to be people Inside of the bar draWing their attention towards the north Side of State Street Brats ThiS area IS not observed from camera 4 s position however It IS apparent In observing the reaction of patrons InSide the bar that their attention IS drawn towards thiS area I was adVised by Cholewa that thiS was the location of the fight between Bauer and Schmaling

It appears as though several State Street Brats employees bartenders and/or secunty persons responded to thiS alterca\ton At thiS time from camera 4 s ViewpOint one can see that the suspect Jacob Bauer IS then seen on the ground and that employee Nathan Quella IS positioned on top of Bauer restraining him on the ground Nathan Quella was Identified to me by Vinnie Cholewa as the Individual on top of Bauer as seen from camera 4 S vantage pOint Additionally Cholewa Idenlifled from camera 4 s an off duty employee of State Street Brats a Tyler Kneuhubuel with a phone number of IS seen In the footage Kneuhubuel IS a tall white male with a white sweatshirt or hair It appears as though Tyler Kneuhubuells attempting to keep patrons away from the altercation

The altercation appears to start at approximately 1 54 a m as time stamped by the digital Video recorder

Case # 154206 DET GREGORY SESSER 2779 Page 4 of4

Madison Police officers arrive on scene according to the timestamp on the digital video recorder at approximately 1 59 a m Just prior to the Madison Police officers arnval the suspect Jacob Bauer IS stood up and IS directed by a State Street Brats workers to Sit In a booth on the east side of the bar Just as Madison Police officers walk Into the bar It appears as though Bauer runs from the bouncers and the police officers to the eXit door on the east side of the bUilding ThiS eXit door has a small cOrridor that one must access to get to the eXit door which ultimately opens up out onto the patio area on the east Side of State Street Brats extenor From camera angle 4 and 6 the arrest of Bauer IS not caught on Video

At approximately 2 11 a m from camera 4 s vantage pOint Officers OrviS and Sheehy escort Bauer out of State Street Brats after he had been taken Into custody

No further action


Reporting Officer DET GREGORY SESSER

I D 2779

23

Case # 154206 DET GREGORY SESSER 2779 Page 4 of4

Madison Police officers arrive on scene according to the timestamp on the digital video recorder at approximately 1 59 a m Just prior to the Madison Police officers arnval the suspect Jacob Bauer IS stood up and IS directed by a State Street Brats workers to Sit In a booth on the east side of the bar Just as Madison Police officers walk Into the bar It appears as though Bauer runs from the bouncers and the police officers to the eXit door on the east side of the bUilding ThiS eXit door has a small cOrridor that one must access to get to the eXit door which ultimately opens up out onto the patio area on the east Side of State Street Brats extenor From camera angle 4 and 6 the arrest of Bauer IS not caught on Video

At approximately 2 11 a m from camera 4 s vantage pOint Officers OrviS and Sheehy escort Bauer out of State Street Brats after he had been taken Into custody

No further action


Reporting Officer DET GREGORY SESSER

I D 2779



Occurred Incident 98 911 Disconnect Dispatched as 98 911 Disconnect

Sec/Area 403 CENTRAL Grid STATELANGD

Case Offense Addr of Occurrence Call DatelTlme Dispatch Date/Time Reporting Officer Special Routing

ARRESTED PERSON/SUBSTANTIAL BATTERY INVESTIGATION 603 State St 12129/200601 59 From DatelTlme 12/29/2006 01 59 Thru DatelTlme DET GREGORY SESSER 2779

SUSPECT JACOB E BAUER MNV DOB 5/08/83 (23 yrs) Height 510 Weight 150 HalrColor BRO EyeColor HAl

STATUS DCJ ARRESTED 12129/06 AT 204 AM

VICTIM

EMPLOYER

WITNESS

STATUS

WITNESS

SCHOOL STATUS

PAUL MEIER

ATTACHMENTS

SCHMALING yrs) Height 507 Weight 185

l:yevDi'or HAZ

• Release of medlcalrnfonmatlon form

NARRATIVE

ARRESTED

On 1/3/07 I made telephone contact with Benjamin Schmahng At thiS lime I made arrangements to meet with Benjamin Schmalmg on 1/4/07 at the CCB at approximately 2 00 pm

On 1/4107 at approximately 2 15 pm I met with Benjamin Schmahng at the CCB Schmahng had Indicated to me on the telephone that he had received stitches from UW Hospltalm the early morning hours after the assault occurred

At thiS time I filled out a release of medical information form Benjamin Schmahng reviewed the release of medlcallnlormatlon form and Signed thiS form giVing the Dane County District Attorney s Office and the Madison Pohce Department access to his medical records pertaining to 12/29/06

24




Sec/Area 403 CENTRAL Grid STATELANGD

Case Offense Addr of Occurrence Call DatelTlme Dispatch Date/Time Reporting Officer Special Routing

ARRESTED PERSON/SUBSTANTIAL BATTERY INVESTIGATION 603 State St 12129/200601 59 From DatelTlme 12/29/2006 01 59 Thru DatelTlme DET GREGORY SESSER 2779

SUSPECT JACOB E BAUER MNV DOB 5/08/83 (23 yrs) Height 510 Weight 150 HalrColor BRO EyeColor HAl

STATUS DCJ ARRESTED 12129/06 AT 204 AM

VICTIM

EMPLOYER

WITNESS

STATUS

WITNESS

SCHOOL STATUS

PAUL MEIER

ATTACHMENTS

SCHMALING yrs) Height 507 Weight 185

l:yevDi'or HAZ

• Release of medlcalrnfonmatlon form

NARRATIVE

ARRESTED

On 1/3/07 I made telephone contact with Benjamin Schmahng At thiS lime I made arrangements to meet with Benjamin Schmalmg on 1/4/07 at the CCB at approximately 2 00 pm

On 1/4107 at approximately 2 15 pm I met with Benjamin Schmahng at the CCB Schmahng had Indicated to me on the telephone that he had received stitches from UW Hospltalm the early morning hours after the assault occurred

At thiS time I filled out a release of medical information form Benjamin Schmahng reviewed the release of medlcallnlormatlon form and Signed thiS form giVing the Dane County District Attorney s Office and the Madison Pohce Department access to his medical records pertaining to 12/29/06


At this time I asked Schmallng to explain to me again the circumstances surrounding the investigation Schmallng stated that he was with several fnends at State Street Brats on the evening In question Schmallng stated that as he and hiS fnends were walking out of State Street Brats at or around bar time At this time according to Schmallng a fnend of the suspect Jacob Bauer said something to one of hiS fnends as they were walking out The fnend of the suspect who Schmalmg did not know made the accusation toward Schmallng s fnend that he had been talking shit At this time Schmallng stated that he stepped forward and addressed Jacob Bauer s group of fnends stating something to the effect of Guys we don t even know who you are Schmallng stated that ali of a sudden Just after hiS words were uttered the suspect (Bauer) approached him from hiS left Side at a 45 degree angle angled toward the front of him with hiS nght hand raised above hiS head with a glass of some sort In hiS nght hand Schmalmg stated that In an mstant he was hit over the head with said glass by the suspect (Bauer)

Observation of InjUries I observed that Schmaling had two stitches In hiS ear two slltches behmd hiS left ear on hiS head and three slltches on hiS left Jaw line

Schmallng stated that he received medical treatment at UW Hospital on 12/29/06 at about 3 45 am Schmaling stated to me that when he got home he observed that he slill had glass In hiS open cuts on hiS head and that the bleedmg would not stop For this reason Schmaling stated that he went to the UW Hospital ER to have hiS cuts medically treated

Continuing Interview Schmaling stated that he had never seen the suspect before nor did he know any of the suspect s fnends Schmaling stated that he could not Idenllfy the subject agam If he saw him because he had no pnor history with him nor did he have enough contact with him on the night of the dISturbance to be able to Idenllfy him

Schmaling stated that pnor to the incident he was plaYing darts In the bar with hiS fflends and that to the best of hiS recollection there was no contact between hiS group of fflends and the suspect Bauer s group of fnends Schmallng stated that he IS completely dumbfounded as to why thiS happened and indicated that he IS completely shocked over the InCident and wants the suspect to pay

Schmaling told me that he did feel pain as a result of bemg struck and that he did not give the suspect Bauer consent to stnke him over the head Schmallng added that he wishes to pursue cflmlnal charges

I asked Schmaling why he felt as though the suspect would have targeted him Schmaling stated that he has no Idea Schmaling stated that the suspect was with at least 5 or 6 other people

Schmaling also Indicated to me that the two fflends that were with him at the time of the incident were a Mitchell Fahey and Paul Meier Schmaling stated that Mitchell Fahey subsequently went to St Mary s ER to receive medical treatment because glass ended up 111 hiS eye Schmaling stated that the glass that ended up In Fahey s eye was as a result of the glass that had been broken over hiS head and due to the fact that he was standing close to him at the time of the assault the glass flew Into hiS eye

Schmaling stated that the other fflend that was With him at the time of the II1cldent was a Paul Meier MIW With a phone number of Schmallng stated that he believes It IS pOSSible that

25


At this time I asked Schmallng to explain to me again the circumstances surrounding the investigation Schmallng stated that he was with several fnends at State Street Brats on the evening In question Schmallng stated that as he and hiS fnends were walking out of State Street Brats at or around bar time At this time according to Schmallng a fnend of the suspect Jacob Bauer said something to one of hiS fnends as they were walking out The fnend of the suspect who Schmalmg did not know made the accusation toward Schmallng s fnend that he had been talking shit At this time Schmallng stated that he stepped forward and addressed Jacob Bauer s group of fnends stating something to the effect of Guys we don t even know who you are Schmallng stated that ali of a sudden Just after hiS words were uttered the suspect (Bauer) approached him from hiS left Side at a 45 degree angle angled toward the front of him with hiS nght hand raised above hiS head with a glass of some sort In hiS nght hand Schmalmg stated that In an mstant he was hit over the head with said glass by the suspect (Bauer)

Observation of InjUries I observed that Schmaling had two stitches In hiS ear two slltches behmd hiS left ear on hiS head and three slltches on hiS left Jaw line

Schmallng stated that he received medical treatment at UW Hospital on 12/29/06 at about 3 45 am Schmaling stated to me that when he got home he observed that he slill had glass In hiS open cuts on hiS head and that the bleedmg would not stop For this reason Schmaling stated that he went to the UW Hospital ER to have hiS cuts medically treated

Continuing Interview Schmaling stated that he had never seen the suspect before nor did he know any of the suspect s fnends Schmaling stated that he could not Idenllfy the subject agam If he saw him because he had no pnor history with him nor did he have enough contact with him on the night of the dISturbance to be able to Idenllfy him

Schmaling stated that pnor to the incident he was plaYing darts In the bar with hiS fflends and that to the best of hiS recollection there was no contact between hiS group of fflends and the suspect Bauer s group of fnends Schmallng stated that he IS completely dumbfounded as to why thiS happened and indicated that he IS completely shocked over the InCident and wants the suspect to pay

Schmaling told me that he did feel pain as a result of bemg struck and that he did not give the suspect Bauer consent to stnke him over the head Schmallng added that he wishes to pursue cflmlnal charges


Schmaling also Indicated to me that the two fflends that were with him at the time of the incident were a Mitchell Fahey and Paul Meier Schmaling stated that Mitchell Fahey subsequently went to St Mary s ER to receive medical treatment because glass ended up 111 hiS eye Schmaling stated that the glass that ended up In Fahey s eye was as a result of the glass that had been broken over hiS head and due to the fact that he was standing close to him at the time of the assault the glass flew Into hiS eye

Schmaling stated that the other fflend that was With him at the time of the II1cldent was a Paul Meier MIW With a phone number of Schmallng stated that he believes It IS pOSSible that

Case # 154206 OET GREGORY SESSER 2779 Page 30f3

Paul was the Individual that the suspect s group was addressing stating that he had been talking shit

I explained to Schmaling that I would be In contact with him If I needed hiS assistance In the future also advised Schmaling to contact me If hiS address or phone number changed

End of Report/lmc

Supervisory Officer 10

Reporting Officer I D 2779 OET GREGORY SESSER

26

Case # 154206 OET GREGORY SESSER 2779 Page 30f3


I explained to Schmaling that I would be In contact with him If I needed hiS assistance In the future also advised Schmaling to contact me If hiS address or phone number changed

End of Report/lmc


Reporting Officer I D 2779 OET GREGORY SESSER

Date of Report


Case Offense Addr of Occurrence Call DateITrme Dispatch DateITrme Reportmg Officer Special Routing


1/4/2007


Case No Ref No Sec/Area Grrd

Arrested Person Substantial Battery 603 State St



12/29/2006 01 59 From DateITrme 12/29/2006 01 59 Thru DateITrme DET GREGORY SESSER 2779

On 01 0407 I mailed to UW Medical records - at 8501 ExcelSior Dr Madison WI- a request for medical records for Benjamin Schmahng reference thiS Investigation

On 01 18071 received the requested medical records

See Attached


Reporting Officer I D 2779 DEl GREGORY SESSER

27

Date of Report


Case Offense Addr of Occurrence Call DateITrme Dispatch DateITrme Reportmg Officer Special Routing


1/4/2007


Case No Ref No Sec/Area Grrd

Arrested Person Substantial Battery 603 State St



12/29/2006 01 59 From DateITrme 12/29/2006 01 59 Thru DateITrme DET GREGORY SESSER 2779

On 01 0407 I mailed to UW Medical records - at 8501 ExcelSior Dr Madison WI- a request for medical records for Benjamin Schmahng reference thiS Investigation

On 01 18071 received the requested medical records

See Attached

Supervisory Officer

Reporting Officer

ID

=;;-;:;==::0;-;-;;--;:==---- I D 2779 DEl GREGORY SESSER




Sec/Area 403 CENTRAL Gnd STATELANGD

Case Offense Addr of Occurrence Call DatelTlme Dispatch DatelTlme Reporting Officer Special Routing

ARRESTED PERSON/SUBSTANTIAL BATTERY INVESTIGATION 603 State St 12/29/2006 01 59 From DatelTlme 12/29/2006 01 59 Thru DateiTIme DET GREGORY SESSER 2779

SUSPECT JACOB E BAUER MNV DOB 5/08/83 (23 yrs) Height 510 Weight 150 HairColor BRO EyeColor HAZ

STATUS DCJ ARRESTED 12/29/06 AT 2 04 AM

VICTIM

EMPLOYER

WITNESS

STATUS

WITNESS

SCHOOL STATUS

BENJAMIN C SCHMALING MNV DOB (20 yrs) Height 507 Weight 185 HalrColor HAZ

PAUL MEIER MNV .1MI'"

UWOSHKOSH NOT CONTACTED

ATTACHMENTS Release of medlcallnformallon form

NARRATIVE

ARRESTED

On 1/3/07 I made telephone contact with Benjamin Schmaling At thiS time I made arrangements to meet with Benjamin Schmaling on 1/4/07 at the CCB at approximately 2 00 pm

On 1/4/07 at approximately 2 15 pm I met with Benjamin Schmaling at the CCB Schmaling had indicated to me on the telephone that he had received stitches from UW Hospital In the early morning hours after the assault occurred

At thiS time I filled out a release of medical Information form Benjamin Schmaling reviewed the release of medical information form and Signed thiS form giving the Dane County District Attorney S Office and the Madison Police Department access to his medical records pertaining to 12/29/06

28




Sec/Area 403 CENTRAL Gnd STATELANGD

Case Offense Addr of Occurrence Call DatelTlme Dispatch DatelTlme Reporting Officer Special Routing

ARRESTED PERSON/SUBSTANTIAL BATTERY INVESTIGATION 603 State St 12/29/2006 01 59 From DatelTlme 12/29/2006 01 59 Thru DateiTIme DET GREGORY SESSER 2779

SUSPECT JACOB E BAUER MNV DOB 5/08/83 (23 yrs) Height 510 Weight 150 HairColor BRO EyeColor HAZ

STATUS DCJ ARRESTED 12/29/06 AT 2 04 AM

VICTIM

EMPLOYER

WITNESS

STATUS

WITNESS

SCHOOL STATUS

BENJAMIN C SCHMALING MNV DOB (20 yrs) Height 507 Weight 185 HalrColor HAZ

PAUL MEIER MNV atM.'"

UWOSHKOSH NOT CONTACTED

ATTACHMENTS Release of medlcallnformallon form

NARRATIVE

ARRESTED

On 1/3/07 I made telephone contact with Benjamin Schmaling At thiS time I made arrangements to meet with Benjamin Schmaling on 1/4/07 at the CCB at approximately 2 00 pm

On 1/4/07 at approximately 2 15 pm I met with Benjamin Schmaling at the CCB Schmaling had indicated to me on the telephone that he had received stitches from UW Hospital In the early morning hours after the assault occurred

At thiS time I filled out a release of medical Information form Benjamin Schmaling reviewed the release of medical information form and Signed thiS form giving the Dane County District Attorney S Office and the Madison Police Department access to his medical records pertaining to 12/29/06


At this time I asked Schmaling to explain to me again the circumstances surrounding the Investigation Schmaling stated that he was with several friends at State Street Brats on the evemng In queslion Schmaling stated that as he and his friends were walking out of State Street Brats at or around bar time At thiS time according to Schmaling a friend of the suspect Jacob Bauer said something to one of his friends as they were walking out The friend of the suspect who Schmaling did not know made the accusation toward Schmallng s friend that he had been talking s hit At thiS lime Schmaling stated that he stepped forward and addressed Jacob Bauer s group of friends stating something to the effect of Guys we don t even know who you are Schmaling stated that all of a sudden Just after his words were uttered the suspect (Bauer) approached him from his left side at a 45 degree angle angled toward the front of him with his nght hand raised above his head wllh a glass of some sort In his right hand Schmaling stated that In an Instant he was hit over the head with said glass by the suspect (Bauer)

Observation of InJunes I observed that Schmaling had two stitches In his ear two slitches behind his left ear on his head and three stitches on his left law line

Schmaling stated that he received medical treatment at UW Hospital on 12/29/06 at about 3 45 am Schmaling stated to me that when he got home he observed that he stili had glass In his open cuts on his head and that the bleeding would not stop For thiS reason Schmaling stated that he went to the UW Hospital ER to have his cuts medically treated

Continuing Interview Schmallng stated that he had never seen the suspect before nor did he know any of the suspect s fnends Schmaling stated that he could not Identify the subject again If he saw him because he had no pnor history with him nor did he have enough contact with him on the mght of the disturbance to be able to Identify him

Schmaling stated that prior to the Incident he was plaYing darts In the bar with his fnends and that to the best of hiS recollection there was no contact between hiS group of fnends and the suspect Bauer s group of friends Schmaling stated that he IS completely dumbfounded as to why thiS happened and indicated that he IS completely shocked over the Incident and wants the suspect to pay

Schmaling told me that he did feel pain as a result of being struck and that he did not give the suspect Bauer consent to stnke him over the head Schmallng added that he wishes to pursue cnmlnal charges


Schmaling also indicated to me that the two friends that were with him at the lime of the incident were a Mitchell Fahey and Paul Meier Schmaling stated that Mitchell Fahey subsequently went to St Mary s ER 10 receIVe medical treatment because glass ended up In hiS eye Schmaling stated that the glass thai ended up In Fahey s eye was as a result of the glass that had been broken over hiS head and due to the fact that he was standing close to him at the time of the assault the glass flew Into hiS eye

Schmaling stated that the other friend that was with him at the lime of the Incident was a Paul Meier MIW with a phone number of Schmaling stated that he believes It IS pOSSible that

29


At this time I asked Schmaling to explain to me again the circumstances surrounding the Investigation Schmaling stated that he was with several friends at State Street Brats on the evemng In queslion Schmaling stated that as he and his friends were walking out of State Street Brats at or around bar time At thiS time according to Schmaling a friend of the suspect Jacob Bauer said something to one of his friends as they were walking out The friend of the suspect who Schmaling did not know made the accusation toward Schmallng s friend that he had been talking s hit At thiS lime Schmaling stated that he stepped forward and addressed Jacob Bauer s group of friends stating something to the effect of Guys we don t even know who you are Schmaling stated that all of a sudden Just after his words were uttered the suspect (Bauer) approached him from his left side at a 45 degree angle angled toward the front of him with his nght hand raised above his head wllh a glass of some sort In his right hand Schmaling stated that In an Instant he was hit over the head with said glass by the suspect (Bauer)

Observation of InJunes I observed that Schmaling had two stitches In his ear two slitches behind his left ear on his head and three stitches on his left law line

Schmaling stated that he received medical treatment at UW Hospital on 12/29/06 at about 3 45 am Schmaling stated to me that when he got home he observed that he stili had glass In his open cuts on his head and that the bleeding would not stop For thiS reason Schmaling stated that he went to the UW Hospital ER to have his cuts medically treated

Continuing Interview Schmallng stated that he had never seen the suspect before nor did he know any of the suspect s fnends Schmaling stated that he could not Identify the subject again If he saw him because he had no pnor history with him nor did he have enough contact with him on the mght of the disturbance to be able to Identify him

Schmaling stated that prior to the Incident he was plaYing darts In the bar with his fnends and that to the best of hiS recollection there was no contact between hiS group of fnends and the suspect Bauer s group of friends Schmaling stated that he IS completely dumbfounded as to why thiS happened and indicated that he IS completely shocked over the Incident and wants the suspect to pay

Schmaling told me that he did feel pain as a result of being struck and that he did not give the suspect Bauer consent to stnke him over the head Schmallng added that he wishes to pursue cnmlnal charges


Schmaling also indicated to me that the two friends that were with him at the lime of the incident were a Mitchell Fahey and Paul Meier Schmaling stated that Mitchell Fahey subsequently went to St Mary s ER 10 receIVe medical treatment because glass ended up In hiS eye Schmaling stated that the glass thai ended up In Fahey s eye was as a result of the glass that had been broken over hiS head and due to the fact that he was standing close to him at the time of the assault the glass flew Into hiS eye

Schmaling stated that the other friend that was with him at the lime of the Incident was a Paul Meier MIW with a phone number of Schmaling stated that he believes It IS pOSSible that

Case# 154206 OET GREGORY SESSER 2779 Page 3 of 3


I explained to Schmaling that I would be In contact with him If I needed his assistance In the future also advised Schmaling to contact me If his address or phone number changed

End of Reportflmc


Reporting Officer =====-;:::-;:== ____ 10 2779 OET GREGORY SESSER

30

Case# 154206 OET GREGORY SESSER 2779 Page 3 of 3


I explained to Schmaling that I would be In contact with him If I needed his assistance In the future also advised Schmaling to contact me If his address or phone number changed

End of Reportflmc


Reporting Officer 10 2779 OET GREGORY SESSER

.. j State of WisconsIn Dane County

Probable Cause AffidaVlt and JudlClal DetermmatlOn

Arrested Person ~Ji;=-Y-'\,-I-=-o:::c$ __ E __ 6_!1_'_ft:_rz ______________ 'd 0 b s/[/B 5

How Identified Verbally __ WI D L __ Other(speclfy) (""'.7 //1--;"-0..) -:; I:. AgencyCaseNo O(.-I-:;I;?~G Date of Arrest It/'Z1joG TlmeofArresl;1 ~ '-I G.'pm-ArrestmgOfficer p", s-. .. V& lit. '''(I~M:~;t~ r? d~", DepartmentC,.,,"/,c j/J/l61_~J\J /?'u.tr Vlctlm(s) Name EIt=/v./llfrl "" C 5 (h/l'1IiLINI7 I

Infonnahan for Summary Statement provIded by VIctIm --"-- Other _____________ _

OfTense(s) Statute 1# Offonse(s)

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DId tbe Vlehm(s) consent to tbe above hsted enme(o) No ~ yes'--__ _

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PC' ~ ..... lot ;.!F/M9..Ht. -;t Z 1'i 7-SlguaturcofPerson completmgAffidovlt L1c r; _ -I1/7t; '2. Date ,zIZllf c:; Department LI-r"; (~ ;!1t1bJf (iJ k(.I(r 1:>1. r Badge Number ?:Jq 2-

Notary Signature' ~y()/ ULL--1£i CA f Date Ii l4tt€xPlratlon ll)/ //!) ------ -- -- JudIctal Determmahon -------

Based on the mronnatlon provIded on thIS AffidaVIt

XI DO find probable cause that the above crlme(s) or the cnme of _______________ _ was commttted

_ I DO NOT find probable cause because

//

Judge SIgnature L-tln- / ~ (! &.t1 / v v

Wh Ie leI ,of Co rts Y lIow 0 A P k ] I

011 146 1eJ99\

Gold n od Arre$1 g As y

31

.. j State of WisconsIn Dane County

Probable Cause AffidaVlt and JudlClal DetermmatlOn

Arrested Person -'Ji;=-Y-'lc-I-"o:::cs'--_E __ 6_1I_'_'_t:_1Z ______________ d 0 b s/[/B 5

How Identified Verbally __ WI D L __ Other(speclfy) (""'.7 //1--;"-0..) -:; I:. AgencyCaseNo O(.-I-:;I;?~G Date of Arrest It/'Z1joG TlmeofArresl;1 ~ '-I G.'pm-ArrestmgOfficer p", s-. .. V& lit. '''(I~M:~;t~ r? d~", DepartmentC,.,,"/,c j/J/l61_~J\J /?'u.tr Vlctlm(s) Name EIt=/v./llfrl "" C 5 (h/l'1IiLINI7 I

Infonnahan for Summary Statement provIded by VIctIm --"-- Other _____________ _

OfTense(s) Statute 1# Offonse(s)

/btt',;>r J/ IFI<" / I ",!tiL (I ",(' 'N/7! Of;Z) 2 XG~J"'-'; '" i?AC,- (Yl'il',-R r =>l1Irr! 1/ , 3 ________________ 4 I

7 '/IV Summary Statement of Probable cJus~

Statute"

",<Ie til ('I)

I l/ ( Y u s tnmIJT)' must hav«lenu:nl1 /0/1 mu hQl1Jed. You muslld,",ify who ?YOU the m/ mII"O" for Ihesummary slalenu: t)

DId tbe Vlehm(s) consent to tbe above hsted enme(o) No ~ yes, ___ _

-r: ~ ,,,XI:, Ir (II/11M b A- k05 Y/t'f'r :;~ '<U7j 6111 ,fir#iIlJy/J1 t.< U/2s:r/z. I tl't (i~A41V( (;IU- &11-,111 S-d;/tF 1;,< .. 1,;-,2111 f5'CJlJVI/fI.ll..l'< -;;;'L~ /ME' 6/1 0'<-

r if - J: '-lit/I! .. 1-'1# fly' pr "'All" ( It;. If <>,u'" ;/, /)/IJ1"6LA'.f r;lllr "" ( "".- ,:1",-;: --.;,

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I

7' MilA/! '" ,e,rAt- ICN tlf'- .; till liZ III ::; ..... /;:- 4~,I/~(J ,1;/" AWII/ Pr tl.Jj'p f I •

~ fj-T'J-I (~;1/Jt.!?t b Ftt(/U~. -", (, I t>,v (PI ('"Pc< '" I.l Asee attached mfonnatlon

Pl' ~ ..... lot ;.!F/M9..Ht. -;t Z 1'i 7-SlguaturcofPerson completmgAffidovlt L1c r; _ -I1/7t; '2. Date ,zIZllf c:; Department LI-r"; (~ ;!1t1bJf (iJ k(.I(r 1:>1. r Badge Number ?:Jq 2-

Notary Signature' ~y()/ ULL--1£i CA f Date Ii l4tt€xPlratlon ll)/ //!) ------ -- -- JudIctal Determmahon -------

Based on the mronnatlon provIded on thIS AffidaVIt

XI DO find probable cause that the above crlme(s) or the cnme of _______________ _ was commttted

_ I DO NOT find probable cause because

//

Judge SIgnature L-tln- / ~ (! &.t1 / v v

Wh Ie leI ,of Co rts Y lIow 0 A P k ] I

011 146 1eJ99\

Gold n od Arre$1 g As y

STATE OF\vrSCONSIN

Siale of W,sconsIn

vs :/11 (",g i? g;,~/L P

PageLofL

CIRCUIT COURT

"Addendum"

DANE COUNTY

Probable Cause AffidaVIt & Jud,cIal DetermmatlOn

dob $",4/83' Agency Case # t (, - l<i tj ;20 C;

r I I j

- llj2N 1f1A/! 0/11;2 ,lJTlI

,

\ \ \ \ \

I /

contlOued next page

.... p ~..¥ It, IIf.fY.-o< $<'; :# Z7f z.. S,gnature Of Person Completmg AffidaVit ,tLt1 c.--____________ 17 71"715.. Date-#"

'NHrTf. CI IX III C rI:s El,.lOW DA P K J

32

STATE OF\vrSCONSIN

Siale of W,sconsIn

vs :/11 (",g i? g;,~/L P

PageLofL

CIRCUIT COURT

"Addendum"

DANE COUNTY

Probable Cause AffidaVIt & Jud,cIal DetermmatlOn

dob $",4/83' Agency Case # t (, - l<i tj ;20 C;

r I I j

- llj2N 1f1A/! 0/11;2 ,lJTlI

,

\ \ \ \ \

/ /

contlOued next page

.... p ~..¥ It, IIf.fY.-o< $<'; :# Z7f z.. S,gnature Of Person Completmg AffidaVit ,tLt1 c.--____________ 17 71"715.. Date-#"

'NHrTf. CI IX III C rI:s El,.lOW DA P K J

~ .. jDA:l County Dlstnct Attorney

INTAKE Adult

I 07 of Madison Police

MAPD Court Detectives AT

12'3{'..t'6-C Oocwn ls oS I~ 9 \¢ 1\0 k p\DAC3 kl ked

6J /.p / ( <;<{-&-o 10 PAGE OF

--~

DEF OF 1

154206

ARI P

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! 1

33

..

12'3{'..t'6-C Oocwn ls oS I~ 9 \¢ 1\0 k p\DAC3 kl ked

County Dlstnct Attorney

INTAKE Adult

of Madison Police

PAGE OEF

--~

OF -'1'---_

154206

ARI P

I ,

! 1

TEMPORARY

City of Madison Police Department PROPERTY ROOM RELEASE/RECEIPT/DISPOSITION

1. UnderCase#' _____ _ I VIEWED Tag #(s), _________________ _

OfficernBM, ___ '-____ _ Clerk _________ _ Dalemme, ______ _

2. Under Case # I OPENED Tag #(s) __________________ _ AND I REMDVEDltem(s) ____________________________ _ AND I REPACKAGED item(s) under Tag II(s}, ________________________ _

OfficernBM Clerk Dalefrime' ______ _

3. Under Case # I REMOVED Tag #(s)

Officer/IBM Clerk DaleJTlme' ______ _

4. Under Case A - \:9-\;:: Ol., I RETURNED Tag II(s) D'5i"-\ Io)? .. -OfficernSM' ________ _ Clerk 2 h"lO Datemme 71124-/10 6'J~

PERMANENT ~0>OVA -4-O<-r-. " ~ "DOY" Cc..I::, Ca.e#. _________ _

Is 0 Closed o Open 0 InacHve

Tagll(.)' ____ ~ _____________ _ can be released to DOWner 0 Olher

Name(s) ________________ -'-_______________ _

Address' ________________________________ _

Tag #(5), _____________ _ can be auctioned or destroyed. ThgIl(5}' _____________ _

can be turned over to the General Fund.

TagIl(5),~---_-~-------for pennanent dlspositfon.

islare turned over 10 ____________ _

Offlcer/IBM, _________ _ Clerk: _________ _ Datemme' ______ _

OTHER INSTRUCTIONS

Case#' __________ _ Tag II(s), _______________ Is/are being retained

o Pending Prosecution (I will notify the Property Rocm of dlsposlHon) o Pending Appeal (Move to long·lenn storage) o Biological Evidence (Move to long·tenn storage)

OfficernBM' _________ _ Clerk. __________ _ Datemme' ______ ~

(Drug Evidence, US Currency Greater than $100.00. Functional Firearms, Items Valued at $1000.00 or More)

# Tag II(s») _____________ _

Des~pHon' ___________________________________ _

Reason' ____________________________________ _

OffJcers Signature & IBM '

Released Byl _____________ _ Date &

IIIF1.h''"~By, ____________ _ Dale &

Returned By' _____________ _ Date & TIme' _____________ _

311912010-8$51 Property release,doc

34

TEMPORARY

City of Madison Police Department PROPERTY ROOM RELEASE/RECEIPT/DISPOSITION

1. UnderCa.e#' _____ _ I VIEWED Tag #(s), _________________ _

OfficernBM, ___ .!...... ____ _ Clerk' _________ _ Oatemme' ______ _

2. Under Case # I OPENED Tag #(s) __________________ _ AND I REMOVEDltem(s) ____________________________ _ AND I REPACKAGED item(s) under Tag II(s} ________________________ _

OfficernBM Clerk Oatefrime' ______ _

3. Under Case # I REMOVED Tag #(s)

Officer/IBM Clerk OateJTlme' ______ _

4. Under Case A - \:9-\;:: Ol., I RETURNED Tag II(s) D'5i"-\ Io)? .. -OfficernSM' ________ _ Clerk 2 h"lO Oatemme 71124-/10 6'J~

PERMANENT ~0>OVA -4-O<-r-. " ~ "DOY" Cc..I::, Ca.e#· _________ _ Is 0 Closed o Open 0 Inactive

Tagll(.) ____ ~ _____________ _ can be released to o awner 0 Other

Name(s)' ________________ -'-_______________ _

Addre .. ' ________________________________ _

Tag #(5), _____________ _ can be auctioned or destroyed. ThgIl(5}' _____________ _

can be turned over to the General Fund.

ThgIl(5)'~----~~-------for pennanent dlspositfon.

islare turned over 10 ____________ _

Offlcer/IBM, _________ _ Clerk' _________ _ Oatemme' ______ _

OTHER INSTRUCTIONS

Ca.e #, __________ _ Tag II(s), _______________ lslare being retained

o Pending Prosecution (I will notify the Property Room of disposition) o Pending Appeal (Move to long·tenn storage) o Biological Evidence (Move to long·tenn storage)

OfficernBM' _________ _ Clerk' __________ _ Oatemmel ______ ~

(Drug Evidence, US Currency Grealer Ihan $100.00, Functional Firearms, Items Valued al $1000.00 or More)

Case #, _____________ -'-__ Tagll(s)' ______________ 111

Commanding Officers Signalure & IBM

IllRleleased By' __________ _ Dale & Tlme' _____________ _

Returned By, _____________ _ Date & ,m,, _______________ 111

Returned By' _____________ _ Oate&

311912010-8$51 Property release,doc

I ..s 8 r4

City of Madison Police Department PROPERTY ROOM RELEASE/RECEIPT/DISPO&ITION

TEMPORARY

1. UnderCase#' ______ _ I VIEWEOTag #(s) __________________ _

OfficernBM Clerk __________ _ DalelTime _______ _

2. Under Case # 06·154206 I OPENED Tag #(5) ... 1-"78"'4"'6,,8 ________________ _ AND I REMOVED ilem(s)-'3...,C"'DL'S"--____________________________ _ AND I REPACKAGED lIem(s) under Tag #(s) _______ -:-_______________ ---,-__

OHlcerllBM 2250 G 1<> ul.IL Clerk "·h~ M DatelTime 811912010 (:qOf~ 3. Under Case # ______ _ I REMOVED Tag #(s), _________________ _

OfficerIlBM __ --____ _ Clerk __________ _ DatelTime _______ _

4. Under Case # ______ _ .. -I RETURNED Tag #(s) __________________ _

OfficerIlBM, ________ _ Clerk ___________ _ DalelTime _______ _

PERMANENT

Case# ___________ _ is o Closed o Open 0 Inactive

Tag#(s) ___________________ _ can be released to DOwner 0 Other

Name(s) _________________________________ _

Address, ___________________________________ _

Tag #(5) ______________ _ can be auctioned or destroyed.

Tag #(5) ______________ _ can be turned over to the General Fund.

Tag #(5)-;-___ -.,-"----,,,--_______ _ for permanent disposition.

Is/are turned over to ___________________ _

OfficerIlBM _________ _ Clerk, __________ _ DalelTime, ________ _

OTHER INSTRUCTIONS

Caoe#· _____________ _ Tag #(o), _________________ lslare being relained

o Pending Prosecution (I will notify the Property Room of disposition) o Pending Appeal (Move to long-term storage) o Biological Evidence (Move to long-term storage)

OfficerIlBM __________ _ Clerk, ___________ _ DalelTime, _________ _

(Drug Evidence, US Currency Greater than $100.00, Functional Firearms, items Valued at $1000.00 or More)

Case# ____________________ _ Tag #(5) ______________ _

Description ______________________________________________ _

Officer'S Signature & IBM Commanding Officero Signalure & IBM

Released By, _________________ _ Dale & Time _________________ _

Relurned By ______________ _ Dale &

Returned By, ______________ _ Date & Time __________________ _

B/1912010·Property Room Reloaso Recpl Disp 041509.doe

35

I ..s 8 r4

City of Madison Police Department PROPERTY ROOM RELEASE/RECEIPT/DISPO&ITION

TEMPORARY

1. Under Case #'---_____ _ I VIEWEOTag #(s) __________________ _

OfficernBM Clerk __________ _ DalelTime' _______ _

2. Under Case # 06·154206 I OPENED Tag #(0),-'1"-7"'84,,6"'8 ________________ _ AND I REMOVED ilem(s)-"3'-'C"D,,'s'-____________________________ _ AND I REPACKAGED lIem(s) under Tag #(s) _______ -;-_______________ ,-__

OHlcerllBM 2250 G 1<> ul.IL Clerk ;..JI~ M DatelTime 811912010 (:qOf~ 3. Under Case #. ______ _ I REMOVED Tag #(s) _________________ _

OfficerIlBM, ___ --____ _ Clerk, _________ _ DatelTime' _______ _

4. Under Case #. ______ _ .. -I RETURNED Tag #(s) ___________________ _

OfficerIlBM ________ _ Clerk, __________ _ DalelTime, _______ _

PERMANENT

Case#, _________ _ is o Closed o Open 0 Inactive

Tag#(s) _____________________ _ can be released to DOwner 0 Other

Name(s) _______________________________ _

Address ___________________________________ _

Tag #(5) ______________ _ can be auctioned or destroyed.

Tag #(5) ______________ _ can be turned over to the General Fund.

Tag #(5)-".-,----,,-,-:-:--:-:-:=--:::----____ _ for permanent disposition.

Is/are turned over to _____________ _

OfficerIlBM, _________ _ Clerk __________ _ DalelTime _______ _

OTHER INSTRUCTIONS

Caoe# ___________ _ Tag #(o) ________________ lslare being relained

o Pending Prosecution (I will notify the Property Room of disposition) o Pending Appeal (Move to long-term storage) o Biological Evidence (Move to long-term storage)

OfficerIlBM, __________ _ Clerk __________ _ DalelTime _______ _

(Drug Evidence, US Currency Greater than $100.00, Functional Firearms, items Valued at $1000.00 or More)

Case#' _________________ _ Tagff\·,' ________________ 111

Released By __________________ _ Dale & I,,', '0 ____________________ 111

Relurned By _______________ _ Dale & Time' ______________ _

Returned By _______________ _ Date & Time, ______________ _

B/1912010·Property Room Release Recpl Disp 041509.doe

CITY OF MADISON POLICE DEPT PL0700D1 , ,C,a,s,e, ,P,r,o,p,e,r,t,y, ,M,a,i,n,t,e,n,a,n,c,e, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,P,L,O,5,O,1,S,2, ,

ORI #: WI01301 Item#: 000489443 Prop Type: Tape/Discs Tag#: 0178468

Make Model : -or- Serial # OAN -or- Description 3 CD'S CONTAINING DIGITAL VIDEO FOOTAGE

Case # .... Subject Type/#

Property Code Initial Value NCIC # . . . . : Recvd Date/Time:

2006-00154206

E Evidence .00

12/29/2006 : 00

Lien Holder . . . : Insurance Company :

/ Bar Code Label Item # .

Prop Class . Related Ofns UCR Value Cancel Date

Policy # :

,I,n,qu,i,r,e,

001

F10=Prop Item F14=Recovery F15=Chain of Custody F16=Subjects , ,F17=PMA F18=Prop Room F23=UnLink F24=Documents , , , ,F,3,=,E,x,i,t, , , ,r:1,2,=,C,a,n,c,e,l, , , , , , , , , , , , , 1 , , , I I , , , , , I , , I , , I , I I I , I I , , I , [ I , , I , , , , , , , I I ,

36CITY OF MADISON POLICE DEPT PL0700D1 , ,C,a,s,e, ,P,r,o,p,e,r,t,y, ,M,a,i,n,t,e,n,a,n,c,e, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,P,L,O,5,O,1,S,2, ,

ORI #: WI01301 Item#: 000489443 Prop Type: Tape/Discs Tag#: 0178468

Make Model : -or- Serial # OAN -or- Description 3 CD'S CONTAINING DIGITAL VIDEO FOOTAGE

Case # .... Subject Type/#

Property Code Initial Value NCIC # . . . . : Recvd Date/Time:

2006-00154206

E Evidence .00

12/29/2006 : 00

Lien Holder . . . : Insurance Company :

/ Bar Code Label Item # .

Prop Class . Related Ofns UCR Value Cancel Date

Policy # :

,I,n,qu,i,r,e,

001

F10=Prop Item F14=Recovery F15=Chain of Custody F16=Subjects , ,F17=PMA F18=Prop Room F23=UnLink F24=Documents , , , ,F,3,=,E,x,i,t, , , ,r:1,2,=,C,a,n,c,e,l, , , , , , , , , , , , , 1 , , , I I , , , , , I , , I , , I , I I I , I I , , I , [ I , , I , , , , , , , I I ,

Case 06-154206

PSIA Report

37

September 23, 2010

PO Steve Helmsness

Dear Officer Helmsness,

Madison Police Department

Noble \Yray, Chief ofpolice City-Colillty Bllilding 211 S. Can'oll Street

Madison) \Visconsin 53703 6082664022

(TDD) 608 266 6562

I have received a public records request from (Bill Leuders-Isthmus) for a copy of the Investigative file for PS&IA 07-01. Specific documents to include: Any original complainant statements, the investigative report, and any accompanying summary documents of the above named, PO Steve Helmsness,

I have carefully reviewed these documents. I am required by the Wisconsin Public Records law and cases interpreting that law to balance the public Interest In disclosure of the records against the public interest In non-disclosure of those records in making the decision whether to release or withhold the records. I believe the subject documents are "records" within the meaning of the law and I have determined that the public interests favor disclosure of a redacted version of these documents. I Intend to comply with the law's presumption of openness of records and to release redacted (blackened out) copies of these documents. However, the only redactions I intend to make relate to personal Information regarding address and phone number. I am enclosing a copy of the records In the very form that I intend to release those records,

Therefore, pursuant to my obligations under Sec. 19.356(2), Wis. Stats., as the custodian of these records, I am providing you with this notice of my intention to release these records, Before I release these records I am obligated to provide you with an opportunity to seek court action to prevent their release.

Sec, 19,356(3), Wis. Stats., provides that within five days after the receipt of this letter, you may provide me with written notification that you Intend to seek a court order restraining me from releasing the requested records. Sec.19.356 (4), Wis. Stats., provides that within 10 days of the receipt of this letter, you may commence legal action seeking a court order to restrain me from publicly releasing this record. These time limits exclude Saturdays, sundays, and legal holidays.

38

September 23, 2010

PO Steve Helmsness

Dear Officer Helmsness,

Madison Police Department

Noble \Yray, Chief ofpolice City-Colillty Bllilding 211 S. Can'oll Street

Madison) \Visconsin 53703 6082664022

(TDD) 608 266 6562

I have received a public records request from (Bill Leuders-Isthmus) for a copy of the Investigative file for PS&IA 07-01. Specific documents to include: Any original complainant statements, the investigative report, and any accompanying summary documents of the above named, PO Steve Helmsness,

I have carefully reviewed these documents. I am required by the Wisconsin Public Records law and cases interpreting that law to balance the public Interest In disclosure of the records against the public interest In non-disclosure of those records in making the decision whether to release or withhold the records. I believe the subject documents are "records" within the meaning of the law and I have determined that the public interests favor disclosure of a redacted version of these documents. I Intend to comply with the law's presumption of openness of records and to release redacted (blackened out) copies of these documents. However, the only redactions I intend to make relate to personal Information regarding address and phone number. I am enclosing a copy of the records In the very form that I intend to release those records,

Therefore, pursuant to my obligations under Sec. 19.356(2), Wis. Stats., as the custodian of these records, I am providing you with this notice of my intention to release these records, Before I release these records I am obligated to provide you with an opportunity to seek court action to prevent their release.

Sec, 19,356(3), Wis. Stats., provides that within five days after the receipt of this letter, you may provide me with written notification that you Intend to seek a court order restraining me from releasing the requested records. Sec.19.356 (4), Wis. Stats., provides that within 10 days of the receipt of this letter, you may commence legal action seeking a court order to restrain me from publicly releasing this record. These time limits exclude Saturdays, sundays, and legal holidays.

Therefore, unless you serve us with a lawsuit to prevent the release of these records by Thursday October 7, 2010, I will release these records at the close of business on that date to the aboveidentified requestors and to any other persons or entities which makes a request for these records.

Sincerely,

t~J/j1Jc Carl Gloede Executive Captain of Support

Madison Police Department/ 211 S. Carroll St/ Madison WI 53703

39

Therefore, unless you serve us with a lawsuit to prevent the release of these records by Thursday October 7, 2010, I will release these records at the close of business on that date to the aboveidentified requestors and to any other persons or entities which makes a request for these records.

Sincerely,

t~J/j1Jc Carl Gloede Executive Captain of Support

Madison Police Department/ 211 S. Carroll St/ Madison WI 53703

I ! .

, .

, "

" ... . ....•. ,', - -. - . ..... ':,,', , "

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. Madison Police Depnl'lmcnt OmnCERCONDUCTREPORTINGFORM

SupeTVi8o~ .ReceivIng

Dat~ime Received: _"~12:::;-3",,0~·0~6::.-, ______ Roooived by: -,S~gt""",Ml=ero"",,-v_~ ___ '_'_'_

How R"""ived: OPl,one !8J In-l'orson' 0 Other: _ -'-_ _ _____ _

I 'Reporting Person

Name: . Elissa J, Parker

Address:

City: -!!M~a~di~so~n~-."-__ -,-,-__ -,-_---= Slate: Wi. Zip: . ____ _

~hon.;: II: W:~ c:~ l.l-ulIiil: , Check: o Aggrieved Party !8J Witnilss to Incident o OUler:

Involved MPD Personnel and Alh~gaUon

Office!{s) Nrune and/or Ni,~ber: Officers Heimsncss, Urso and Cate Leero'k

MPD Case Number if Available: ~0~6'.:;-1,-=5C'.42~0~6~ _ _ _ ___ --, ______ _

Date and Approximate rime ofIllcldent~ ~12~-=:30~-~0~6 JI:@:!..0~1~5~9~ruu~ ____________ _

Location: 603 State ~treet (Statc StreetBrnts)

Allegntion(s): Excessive use offoree

Narl'nfivc:

On 12-30·06 @appro)!. 0159am, Officers were dispatched to 603 State St." (State SlBl1lts) reference a. distUrbance, 'Pto disturbance was between two males, one male striking the other in the face with a glass, oous/ng injury. Dispatch advised, pe, the employees at State St. Brats, fl,e malo suspect was being restrained by bouncers. .

Upon, my illrlvnl, 1 was 'contaoted by an employee at Stata St.Brats, bartender, Eliis. J. Parker. Parker . specifically ,,(ished to speak to a sergeant statins she Wallted to file a cOmplnint agRiostthe officers on scene.' ' ..

Parker advised officers were dispatched to State St.Brnls OOcallSe of suspect, llauer, ','smashi.og a pint glass into oJlother malo. face." Parker stated bouncers were trying to restrain Baller howev~r "he WAS •

resisting-them and tried running out into tho garden room." Parker stated sbe,observed I f'Cmale officer,

( .

----~- . Cale Leorek (not dire.ctly involved w/altercation), and '2 male_offiqers,JJrso and_I~n.ss,_denling_ ,_~_~ __ w/Baue,. Sho sf\\ted, one ottli? lIIalo officers, (belieVed to be Urso), was "pulling up all tlle'male" and the

. pther, (believed to be Hoimsuess), Will! "liickinll the gny (Boner) to tho h~d nnd'neck with his foot , numerous liqles." ParKer stnted y;hilol;lauer was on the floor, sho observed his face covered Witll blood. S~o !!?:1~c<1 f~? !,,~Hed.at the officel~ to "stoJ> i~" and proceeded to 0011911. ' , .

" . .:1" '~"i" ,~,\ . W.~h'·~!II':#'.};.:\1...:., / . '" • . . ' I ..

Parke~~ VIS . itlriiiHe~c'ss w~s "iety.ggrosslve"'wjthi3auer.Sho"t.ted-Hci;,~no~~~beittillgt-----__ , It!f.'t,W.ll\ 5fi'ki(,~GIiim.~tedIY tei tho hend." Parker contiJiued to label tho incident betw~n )'iauer " 8b:d~~offi~Pd!1.Sliliiother '1todneylGhg';'cRSe. . " " . J , ' 'f:;;' \ (,

. ,·:j.·~ )r.~·.'\ ··· ·l .. ~ .. /;·;\~,,:.!:.f j ' . • • '" '. ' . '

. ',", " . . .

40

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'1 ... . .. .. ~.", --. - . ..... '.',.,. " _ ...... . ,

.Madison Police Depal'lmcnt °mrrCERCONDUCTREPORTINGFORM

Supervi8o~ .Receiving

, ". ,.

Dat~Time R~ived: _·1~2::::-3~O::!·O~6,-. ______ Roooived by: ...:S~gt",.",Ml=ero"",,-v_~ ___ '_·_·_

How Received: OPllone 181 m-Porson' 0 Othcr: _-'-_ _ _____ _

I 'Reportlng Persoll

Name: . Elissa J. Parkcr

Address:

City: -!!M!"a~dl~·sO~D~~ __ -,~ __ -'._-= Slate: Wi. Zip: _-----

~hone: H: W:~C:~ l.l-moil: , Check: o Aggrieved Party 181 Wilness to Incident o OOler: ______ _

Involved MPD Personnel and Allegation

Officer(s) Namo and/or Nil~ber: Officers Heimsnessl Urso and Cate Leerek

MPD ens. Number if Availab)o: _O~6'.:.-1!.:5,:!4~20~6!..-___ ___ -, ______ _

Date and Approximate rime ofIncident:· _1~2:::-3,-"O~-0~6~@~0~15,-,9~RlU~ ___________ _

Location: 603 State ~treet (State Street Bmts)

Allegation(s): Excessive use offorce

Nnrnlffvc:

On 12-30-06 @appro)!. 0159am, Officers wcre dispatohed to 603 State St.,. (State SL Brats) reference a . distUrbance. 'Pte disturbance was between two males, one male sfrikingthe other in the fac. with a glass, causing injul)'. Dispatch advised, per the employees at State St. Brats, tlle malo suspect was being restrained by bOllncers. .

Upoo,my iurlval, lwas 'contaoted by an employee at Stata St. Brats, bartender, Eliis. J. Parker. Parker . specifically ,,(lsheel to speak to a sargeant slatU1S she wllllted to me a cOmplaint agaiost the officers on . scene.' ....

Parker advised officers were dispatolted to Stat. St. Brats OOcallse of suspect, llauer, '.'smashing a pint glass into Mother maleS face." Parker stated bouncers were trying to restmin Baller howev~r "he WAS •

resistingiliem and tried running out into the gardon rootn." Parker stated sbe.observed 1 f'Cmal. officer,

"", " .... • .1 •

(,

. Cote Lecrek (nol dire.ctly involved w/altorcotion), and '2 male_ofljeers,lJrso and_Iirumsness, denling,--;-::;-_-,--~ __ _ w/Baue,. Sho sf\\ted. one ottli~ ~olo officers, (believed to be Ursa), was "pulling lip all tlle'male" and the

, pilier, (believed to be Heimsuess), Will! "liicking the guy (Bouer) to tJle h~d and'neck with his foot . numerous fiqles." ParKer stnted Y/hilel)auer was on the floor, .be observed his face covered Witll blood . .. She !!?Vi~cqf~~ {"eHedal the officel'\l to "stop i~" and proceeded to call 911. . . .

_--'-___ • ...:, •. ,::')1:.,. ':.., .. ...:.:·~~.:.~R . WJln~!I!';t,-!~.R'~,' , . '.. . . . '. J I,: ' .' P~ke~ ~~isea~Teii~e~cs. w~sniery nggro~slve"·withi3~uer.Shest8ted:H~i.~ne~~M-!'b.eiItill'gg'-. ----__

.. ,; t:!iiS,'&ml\ y,:i'!<:iC)?,e'ghlmI~tedly to the head. n Parker continued to label the melden! betw'l6n !'ialler " .8hd.a~~offi~1t~1S:·iliiother '~odney lGhg,i' case. . .' " . ),' .~: .:'~, ~ .

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_I Madison Police Department OFFICER CONDUCT REPO~TING FORM

I asked Parker if ail the patrons were out of the establishment during tlt. aitercation aud shestated ye •. r . asked her how mnny employees Were dealing witll13auer pdor and during MAPD contaot with Bauer and she stated, "2 off duty" employees, "2 bartanders," and maybe "4" bouncers-. I asked her for a total of -.!'mployees dealing with Bauer and she advised "maybe 5 to 6." Along with tlte 5 to 6 employees tlter •. were 3 officers in the mixed mliki1Jg approx..9 persons dealing with Bauer. in. very small location, east side oftlte tavern ",eaiGarden oxIt'entrance, which is approximately 3' wide by 51 long . . . I Illen spoke to Heimsness who stated Bauer was Te§)stlve,.!'Cfu'liftg to listen.to !lilY of his coll!IDnnds, to

. whioh he stnlck him approx. 3 to 4 times with his rlghtknee along with 3 to 4 strlkeswlth his.foOlin order for his to rollover from his back to his stomach, and fmally successfully hiindouffing bim .

. Heimsness advised during tlte lake down of-Bauer, his coat covered his face and left arm. H.imsness adyised he believed the kicks and knee strikes were makblg contact wi~Baller's left side ofilie upper torso. Once Bauer was in handcuffs, Helmsness was abie to remove his coat from his face at whicb time Heimsness observed his fuce to be covered with blood. FiteRescua was immediately dispatch upon this observation.

r advised Parker y,ou-may or mBy not be contacting ber refere~C6 tltis inoident In the n~ futuro.

I also spoke to Manager Nathan A. Quelle, m/w, 6-25-8 -advised pdor to MAPD officers aniving on scene, was police Walked into tlte establishment. Quella advised Immediately upon seeing officers, Sauer tried nlnulrig from police out the east entrance/exit door into tlt. garden room.

Quella stated Bauer was very belligerent with police and wouJdn't comply with their commands. He advised Bauer was spitting blood ntpolice and calling them "faggots." He added Bauer was "flailing" and atmlllpted to prevent officers to put him into handcuffs. Specifically, Qualla stated Bauer wouldn't allow offiqers to roll him over onto his stomach from tlte back ~sition.

I asked Quelle lfhe felttltli officers behavior with Bauer was appropriate in taking bim into custody and . he stated, "yes, he wasn'tllstenlag to tlte cOps."

Please see officers reports. 'I1lank you.

Sgt. Cindy Mierow

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Disposition: please che<:k -imlY one box. (Refer to Policy 6-500:7 for definitions.) o ' ;&xQnemted Do ' Unfounded . 0 Not Sustlwred .0 Susl1tined·

Conduct Revlew ___ --:

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_I Madison Police Department OFFICER CONDUCT REPO~TING FORM

I asked Parker if ail the patrons were out of the establishment during tlt. aitercation aud shestated ye •. r . asked her how mnny employees Were dealing witll13auer pdor and during MAPD contaot with Bauer and she stated, "2 off duty" employees, "2 bartanders," and maybe "4" bouncers-. I asked her for a total of -.!'mployees dealing with Bauer and she advised "maybe 5 to 6." Along with tlte 5 to 6 employees tlter •. were 3 officers in the mixed mliki1Jg approx..9 persons dealing with Bauer. in. very small location, east side oftlte tavern ",eaiGarden oxIt'entrance, which is approximately 3' wide by 51 long . . . I Illen spoke to Heimsness who stated Bauer was Te§)stlve,.!'Cfu'liftg to listen.to !lilY of his coll!IDnnds, to

. whioh he stnlck him approx. 3 to 4 times with his rlghtknee along with 3 to 4 strlkeswlth his.foOlin order for his to rollover from his back to his stomach, and fmally successfully hiindouffing bim .

. Heimsness advised during tlte lake down of-Bauer, his coat covered his face and left arm. H.imsness adyised he believed the kicks and knee strikes were makblg contact wi~Baller's left side ofilie upper torso. Once Bauer was in handcuffs, Helmsness was abie to remove his coat from his face at whicb time Heimsness observed his fuce to be covered with blood. FiteRescua was immediately dispatch upon this observation.

r advised Parker y,ou-may or mBy not be contacting ber refere~C6 tltis inoident In the n~ futuro.

I also spoke to Manager Nathan A. Quelle, m/w, O-~J-.l, -advised pdor to MAPD officers aniving on scene, until police Walked into tlte establishment. Quella advised Immediately upon seeing officers, Sauer tried nlnulrig from police out the east entrance/exit door into tlt. garden room.

Quella stated Bauer was very belligerent with police and wouJdn't comply with their commands. He advised Bauer was spitting blood ntpolice and calling them "faggots." He added Bauer was "flailing" and atmlllpted to prevent officers to put him into handcuffs. Specifically, Qualla stated Bauer wouldn't allow offiqers to roll him over onto his stomach from tlte back ~sition.

I asked Quelle lfhe felttltli officers behavior with Bauer was appropriate in taking bim into custody and . he stated, "yes, he wasn'tllstenlag to tlte cOps."

Please see officers reports. 'I1lank you.

Sgt. Cindy Mierow

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Disposition: please che<:k -imlY one box. (Refer to Policy 6-500:7 for definitions.) o ' :&l'Qnemted Do ' Unfounded . 0 Not Sustlwred .0 Susl1tined·

Conduct Revlew ___ --:

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Malloy, Patrlck

From: Schwartz, Arily Sen!: Thursday, January 11,200711:21 AM TO: Malloy, Patrick

Subject: Synopsis

wruie on duty ~ the OlC'. ojfice, I was briefed by S~ M1erow about a fight,that had occurred at State St Brats involving PO's Heimsne.s and Ursa. Sgt Mlerow told me simply that the officers had en!,ountered a combativ~ suQject who had hit andther male subject In the head with a glass and had refused to be taken into custody, I also learn~d that !ho combative subject, once successfully

, taken into custody, had sustained a facial injUlY which was caused by our officers during the fight, Sgt,Mlerow told me at tl)e time, that there was a witness on s~ene who wanted to tile a complaint aga,inst the officers for using ""cessiv. force against the subject. Sg! Mlerow told me that she was taldng care of said complaint, but she al~o told me that there were bouncers present wlro were stating tli.e), had no concerns of excessive force. .' '

~ . PO,Hehnnes. later came into t\1,e orc's offiea and showed m~ his lmee, (I belleve it was his right knee although I can't be 100% 'certain) which was noticeably red and swollen. PO Heimsness told me about the combative sll.bject and how he and PO Ursa had 'to take the subject to the ground and then struggled to gain control 'of his ann., Although PO Ursa eventu~ gained control of one ann, the other apn was still unobtainable. PO Helmsness told me that he began to deItver several lmee ,!trlkes to the body of the subject until they Vlere able to gain control of his other ann. PO Heimsness also told me that during the f!gh~ the subject'. ja.cket wa'! pulled over his head, making it impossible for PO Hehnsnes. to know what area of the' subject's bodY his knee was hl!-ving , contectwlth. PO Hehnsn,ess told me that after the subject was controlled and taken into custody, ,/' he observed that the subject had sustained faelal injuries that were not present when he and PO ' Urso had initially made contact With him. PO Helmeness told me that he believed he may ha'Ve inadvertently struck the subject in the f,,-cewlth his 'knee While trylngto control him, PO Heimsness also told me that .llrior to struggling with the subject; the subject had sustained some sort of hand injury due to hitting theVlctimin the head with the glass. Both PO Hehnsness and PO Ursa both were exposed directly to the combatant's blood as they attempted to, take him Into ' custody, '

Sergeant Amy L ~chwartz " CrlIriinal Inte!]lgeiIce Section Madison Police Department 211 S Carroll St Madison, WI 53703 Office: 608-266-5951" Fax: 267-8648 Email: asqhwart:?@cityormadi'son com'

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Malloy, Patrlck

From: Schwartz, Arily Sen!: Thursday, January 11,200711:21 AM TO: Malloy, Patrick

Subject: Synopsis

wruie on duty ~ the OlC'. ojfice, I was briefed by S~ M1erow about a fight,that had occurred at State St Brats involving PO's Heimsne.s and Ursa. Sgt Mlerow told me simply that the officers had en!,ountered a combativ~ suQject who had hit andther male subject In the head with a glass and had refused to be taken into custody, I also learn~d that !ho combative subject, once successfully

, taken into custody, had sustained a facial injUlY which was caused by our officers during the fight, Sgt,Mlerow told me at tl)e time, that there was a witness on s~ene who wanted to tile a complaint aga,inst the officers for using ""cessiv. force against the subject. Sg! Mlerow told me that she was taldng care of said complaint, but she al~o told me that there were bouncers present wlro were stating tli.e), had no concerns of excessive force. .' '

~ . PO,Hehnnes. later came into t\1,e orc's offiea and showed m~ his lmee, (I belleve it was his right knee although I can't be 100% 'certain) which was noticeably red and swollen. PO Heimsness told me about the combative sll.bject and how he and PO Ursa had 'to take the subject to the ground and then struggled to gain control 'of his ann., Although PO Ursa eventu~ gained control of one ann, the other apn was still unobtainable. PO Helmsness told me that he began to deItver several lmee ,!trlkes to the body of the subject until they Vlere able to gain control of his other ann. PO Heimsness also told me that during the f!gh~ the subject'. ja.cket wa'! pulled over his head, making it impossible for PO Hehnsnes. to know what area of the' subject's bodY his knee was hl!-ving , contectwlth. PO Hehnsn,ess told me that after the subject was controlled and taken into custody, ,/' he observed that the subject had sustained faelal injuries that were not present when he and PO ' Urso had initially made contact With him. PO Helmeness told me that he believed he may ha'Ve inadvertently struck the subject in the f,,-cewlth his 'knee While trylngto control him, PO Heimsness also told me that .llrior to struggling with the subject; the subject had sustained some sort of hand injury due to hitting theVlctimin the head with the glass. Both PO Hehnsness and PO Ursa both were exposed directly to the combatant's blood as they attempted to, take him Into ' custody, '

Sergeant Amy L ~chwartz " CrlIriinal Inte!]lgeiIce Section Madison Police Department 211 S Carroll St Madison, WI 53703 Office: 608-266-5951" Fax: 267-8648 Email: asqhwart:?@cityormadi'son com'

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TO:

FROM:

SUBJECT:

CITY OF MADISON

INTER-DEPARTMENTAL CORRESPONDENCE

DATE: February 14,2007

Noble Wray, Chief of Police

Patrick Malloy, Lieutenant of Police

Internal Investigation 2007-01

INTRODUCTION

This investigation involves the review of the amount afforce that was used to arrest Jacob Bauer during the early morning hours of December 29, 2006 at State Street Brats. The incident happened at approximately bar time. Mr. Bauer was arrested under our case number 2006-154206 and charged'with second degree recklessly endangering safety, as well as resisting an officer. That case was referred to the Dane County District Attorney's Office. The involved officers' are Officer Steve Heimsness and Officer Corey Ursa.

INFORMATION RECEIVED FROM DISPATCH

I collected the Dispatch tape of the incident and could listen to the tape and hear that one call came in, which was disconnected. A second call then came in related to a suspect having hit someone in the face or the head with a beer glass at State Street Brats. I hear the Dispatcher getting pertinent information and the units being dispatched. The units' that were dispatched were David 20 and 21, who for the record are Officer Heimsness and Officer Ursa. It should be noted that the tape also contains a third call that was made by Elissa Parker, who was extremely upset on the phone. She indicated that the officers were kicking the person in the head and that someone needs to respond to that. The Dispatcher in response to this told her to look for a sergeant who was at the scene and gave her the name of Sgt. Cindy Mierow.

POLICE REPORT OF OFFICER STEVE HEIMSNESS

The report details the arrest of Jacob Bauer. The victim in the case is Benjamin C. Schmaling, who is a 20-year old'male, He received a laceration to the upper right side of his head near his ear and it was later learned that this required seven stitches. With regal'ds to the arrest of Bauer, Heimsness says in his report: I did not wish Bauer to gain any advantage on us or be able to pick anything up and use it as a weapon against us. I delivered several kicks using my right leg to Bauer's back, ordering him to get on his stomach. During these kicks, Bauer did tum on his stomach and I was able to drag him slightly further out into the bar room. I continued to apply approximately twQ more kicks ordering Bauer to place his hands behind his back because by this time, I had lost my grip on Bauer'S left hand. The report goes on to state: I then got down to my knees and I delivered several knee strikes using, my right knee, I did apply approximately four to five knee strikes ordering Bauer to place his hands behind his back, After the last knee strike I delivered, I did hear Bauer state okay, okay and I did see him put his left hand out.

02JloIJOO·F:;\Cltlloc1\POL1CIN'Sll'lOO1v)1·0IMmn.tlM

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TO:

FROM:

SUBJECT:

CITY OF MADISON

INTER-DEPARTMENTAL CORRESPONDENCE

DATE: February 14,2007

Noble Wray, Chief of Police

Patrick Malloy, Lieutenant of Police


INTRODUCTION

This investigation involves the review of the amount afforce that was used to arrest Jacob Bauer during the early morning hours of December 29, 2006 at State Street Brats. The incident happened at approximately bar time. Mr. Bauer was arrested under our case number 2006-154206 and charged'with second degree recklessly endangering safety, as well as resisting an officer. That case was referred to the Dane County District Attorney's Office. The involved officers' are Officer Steve Heimsness and Officer Corey Ursa.

INFORMATION RECEIVED FROM DISPATCH

I collected the Dispatch tape of the incident and could listen to the tape and hear that one call came in, which was disconnected. A second call then came in related to a suspect having hit someone in the face or the head with a beer glass at State Street Brats. I hear the Dispatcher getting pertinent information and the units being dispatched. The units' that were dispatched were David 20 and 21, who for the record are Officer Heimsness and Officer Ursa. It should be noted that the tape also contains a third call that was made by Elissa Parker, who was extremely upset on the phone. She indicated that the officers were kicking the person in the head and that someone needs to respond to that. The Dispatcher in response to this told her to look for a sergeant who was at the scene and gave her the name of Sgt. Cindy Mierow.

POLICE REPORT OF OFFICER STEVE HEIMSNESS

The report details the arrest of Jacob Bauer. The victim in the case is Benjamin C. Schmaling, who is a 20-year old'male, He received a laceration to the upper right side of his head near his ear and it was later learned that this required seven stitches. With regal'ds to the arrest of Bauer, Heimsness says in his report: I did not wish Bauer to gain any advantage on us or be able to pick anything up and use it as a weapon against us. I delivered several kicks using my right leg to Bauer's back, ordering him to get on his stomach. During these kicks, Bauer did tum on his stomach and I was able to drag him slightly further out into the bar room. I continued to apply approximately twQ more kicks ordering Bauer to place his hands behind his back because by this time, I had lost my grip on Bauer'S left hand. The report goes on to state: I then got down to my knees and I delivered several knee strikes using, my right knee, I did apply approximately four to five knee strikes ordering Bauer to place his hands behind his back, After the last knee strike I delivered, I did hear Bauer state okay, okay and I did see him put his left hand out.

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February 14, 2007 Page 2

POLICE REPORT OF POLICE OFFICER COREY URSO .

Corey Urso's report presents the details related to the State Street Brats call. With regards to the arrest, he '. describes his role in placing Bauer under nrrest and placing handcuffs on Bauer. In regnrds to Officer Heimsness' actions, Ursa's report states, "For more information on Bauer being taken into custody, see Officer Heimsness original report under this case number."

POLICE REPORT OF SERGEANT CINDY MIEROW.

Sergeant Mierow's report details her arrival at State Street Brats. She obtains the . services of an· investigator to take pictures of the injuries and she did make contact with Bauer aHre emergency room. She rioted that Bimer was intoxiciited: She also overneard Bauer advising Meriter staff that he did not wish for sutures until he had spoken to his mother or lawyer. She did not. ask any further questions.

It should be. noted that both Heimsness .and Ursa note in their report that Bauer was conveyed by Fire Rescue to Meriter, where he refused medical attention unless he could speak to his mother or his attorney. He was cleared by medical staff to go to the jail. He did not receive medical attention at Meriter to my knowledge. It appears, however, that he was cleaned up by Meriter staff prior to conveyance to the jail.

POLICE REPORT OF POLICE OFFICER TAYA DOLSEN

Dolsen's report basically describes her role which is rather minor in the incident. She interviews the bar manager with regards to the victim being struck by the suspect who was Mr. Bauer.

POLICE REPORT OF DETECTIVE GREG ESSER .

Detective Esser followed up on this case with regards to the criminal charges against Jacob Bauer. He went to State Street Brats on the 29th and contacted personnel there where he obtained surVeillance video that is inside the bar. Unfortunately,. none of the video or camera angles show the actual arrest of Mr. Bauer. The videos do help put the timeframe in place. According to Detective Esser, at approximately 1 :54 a.m. is when the incident starts. Madison Police Department arrives at approximately 1 :59 a.ro. and at 2:11 a.m. two officers can be seen escorting Bauer out of State Street Brats after he's been taken into custody.

OFFICER CONDUCT REPORTING FORM

I reviewed an Officer Conduct Reporting Form that Sgt. Mierow completed. That form indicates that when she was at State Street Brats on this call, she was contacted by Elissa Parker. Note that Elissa Parker is the person that was very upset imd called Dispatch. Parker told Sgt. Mierow that she saw one of the male officers "pulling up the male and the other officer kicking the guy to the head and neck with his foot

. numerous times." Parker stated that it was Bauer on the floor and she observed his face covered with blood. She also advised that she yelled at the officers to stop it and called 911. She described to Sgt. Mierow the actions of the officer as very aggressive. She stated, "He was beating this guy and kicking him repeatedly to the head." She described the case as a Rodney King type case.

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POLICE REPORT OF POLICE OFFICER COREY URSO .

Corey Urso's report presents the details related to the State Street Brats call. With regards to the arrest, he '. describes his role in placing Bauer under nrrest and placing handcuffs on Bauer. In regnrds to Officer Heimsness' actions, Ursa's report states, "For more information on Bauer being taken into custody, see Officer Heimsness original report under this case number."

POLICE REPORT OF SERGEANT CINDY MIEROW.

Sergeant Mierow's report details her arrival at State Street Brats. She obtains the . services of an· investigator to take pictures of the injuries and she did make contact with Bauer aHre emergency room. She rioted that Bimer was intoxiciited: She also overneard Bauer advising Meriter staff that he did not wish for sutures until he had spoken to his mother or lawyer. She did not. ask any further questions.

It should be. noted that both Heimsness .and Ursa note in their report that Bauer was conveyed by Fire Rescue to Meriter, where he refused medical attention unless he could speak to his mother or his attorney. He was cleared by medical staff to go to the jail. He did not receive medical attention at Meriter to my knowledge. It appears, however, that he was cleaned up by Meriter staff prior to conveyance to the jail.

POLICE REPORT OF POLICE OFFICER TAYA DOLSEN

Dolsen's report basically describes her role which is rather minor in the incident. She interviews the bar manager with regards to the victim being struck by the suspect who was Mr. Bauer.

POLICE REPORT OF DETECTIVE GREG ESSER .

Detective Esser followed up on this case with regards to the criminal charges against Jacob Bauer. He went to State Street Brats on the 29th and contacted personnel there where he obtained surVeillance video that is inside the bar. Unfortunately,. none of the video or camera angles show the actual arrest of Mr. Bauer. The videos do help put the timeframe in place. According to Detective Esser, at approximately 1 :54 a.m. is when the incident starts. Madison Police Department arrives at approximately 1 :59 a.ro. and at 2:11 a.m. two officers can be seen escorting Bauer out of State Street Brats after he's been taken into custody.

OFFICER CONDUCT REPORTING FORM

I reviewed an Officer Conduct Reporting Form that Sgt. Mierow completed. That form indicates that when she was at State Street Brats on this call, she was contacted by Elissa Parker. Note that Elissa Parker is the person that was very upset imd called Dispatch. Parker told Sgt. Mierow that she saw one of the male officers "pulling up the male and the other officer kicking the guy to the head and neck with his foot

. numerous times." Parker stated that it was Bauer on the floor and she observed his face covered with blood. She also advised that she yelled at the officers to stop it and called 911. She described to Sgt. Mierow the actions of the officer as very aggressive. She stated, "He was beating this guy and kicking him repeatedly to the head." She described the case as a Rodney King type case.

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It also notes that Sgt. Mierow contacted the manager, Nathan Quella. He advised her,that Bauer \vas very belligerent with the police and wouldn't comply with their commands. He indicated that Bauer was spitting blood at police and ~alling them faggots and tJ]nI he was flailing around in an attempt to prev<:nt officers from hnndcuffinghim. Quell. told Sgt. Mierow that Dimer wouldn't allow tilli officers to roll him on his stomach from ,the positioning he was in on his back. He indicated to Sgt. Mierow that he thought the action of the officers were appropriate in taking Bauer into custody. Note that I also have a copy of a

, buck slip that was sent from Sgt. Mierow at tiie scene to Lt. Dri~n Ackeret regarding Mr. Quella' S

statement indicating that "Quella felt the officers behavior dealing with the guy was appropriate."

PICTURES FROM THE INCIDENT

I have a color plrotograph of Mr. Bauer at the time ofllis arrest after the incident, after he was cleaned up and brought from Medter Hospital.lt is clear he has, some type of laceration that is still fresh on the right side of his nose and his nostril area. He has some discoloration to the right side of his face and a bruise near his right eye. His eyes appear to be what is commonly described as black but I can't tell from the picture if that's just the lighting in the picture or if that is a result of the incident.

I reviewed the photos taken by the Madison Police Department at Meriter Hospital of Mr. Bauer. Mr. Bauer obviously has a laceration to the right side of his nose near his nostril. The right side of his face looks like it is somewhat discolored and swollen. There is some type of laceration or injury to the top of his head which appears to have ,been bleeding, His left hand looks bloody but it's hard to teU if that's

, from blood from his face or if it had been bleeding ..

. Related to the pictures that were· taken at Meriter Hospital by Investigator Hessefort, I think it can be accurately described that he looks like he's been in a fight of some sort but that injuries are not shocking.

I also looked at the pictures of the victim in this case, who had the glass smashed into the side of his head. That person is Benjamin C. Schmaling. You can see a laceration around his left ear and 'bleeding down around his jaw line area'. There also appears to be a scratch ac'ross the top of his head running down to his left cheek and jaw area. As I noted earlhir, I was told that seven stitches were required to close the injury near his ear.

MEMO FROM DETECTIVE GREG ESSER

The memo is dated January 3, 2007. That memo indicates that while doing follow up on this case down at State Street Brats, Detective Esser was contacted by Max Michalski. Max told Detective Esser that he had witnessed the incident and he had witnessed the arrest of Mr. Bauer. He told Detective Esser that one of the officers began to kick Bauer at least five to six times. He also stated that after Bauer was kicked in the head, the officer began to punch him ill the back of the head two to three times. Michalski then told Detective Esser that the officer put his knee to Bauer's-head at least twtno three times grinding Bauer's head into the ground with his knee. Bauer said something to the effect at this time, fuck you faggots. He reported that the officer said in response to this, shut up, shut the fuck up, put your hands back.

EMAIL CONTACT

\ I received several emails which I had requested from individuals.

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February 14, 20Q7 Page 3

It also notes that Sgt. Mierow contacted the manager, Nathan Quella. He advised her. that Bauer \vas very belligerent with the police and wouldn't comply with their commands. He indicated that Bauer was spitting blood at police and ,ailing them faggots and tl1M he was flailing around ih an attempt to prevent officers from handcuffing him. Quella told Sgt. Mierow that Bauer wouldn't allow the officers to roll him on his stomach from .the positioning he was in on his back. He indicated to Sgt. Mierow that he thought the action of the officers were appropriate in taking Bauer iuto custody. Note that I also have a copy of a

. buck slip that was sent from Sgt. Mierow at til'e scene to Lt. Bri~n Ackeret regarding Mr. Quella' s stntement indicating that "Quella felt the officers behavior dealing with the guy was appropriate."

PICTURES FROM THE INCIDENT ' ..

I have a color pllOtograph of Mr. Bauer at the time of his arrest after the incident, after he was cleaned up and brought from Medter Hospital. It is clear he has· some type of laceration that is still fresh on the right side of his nose and his nostril area. He has some discoloration to the right side of his face and a bruise near his right eye. His eyes appear to be what is commonly described as black but I can't tell from the picture if that's just the lighting in the picture or if that is a result of the incident.

I reviewed the photos taken by the Madison Police Department at Meriter Hospital of Mr. Bauer. Mr. Bauer obviously has a laceration to the right side of his nose near bis nostril. The right side of his face looks like it is somewhat discolored and swollen. There is some type of laceration or injury to the top of his head which appears to have .been bleeding. His left hand looks bloody but it's hard to tell if that's

. from blood from his face or if it had been bleeding ..

. Related to tbe pictures that were· taken at Meriter Hospital by Investigator Hessefort, I think it can be accurately described that he looks like lie's been in a fight of some sort but that injuries are not shocking.

I also looked at Ille piehl res of the victim in this case, who had the glass smnshed into Ille side of his head. That person is Benjamin C. Schmaling. You can see a laceration around his left ear and 'bleeding down around his jaw line area'. There also appears to be a scratch ac'ross the top of his head running down to his left cheek and jaw area. As I noted earlier, I waS'told that seven stitches were required to close the injury near his ear.

MEMO FROM DETECTIVE GREG ESSER

The memo is dated January 3, 2007. That memo indicates that while doing follow up on this case down at State StTeet Brats, Detective Esser was contacted by Max Michalski. Max told Detective Esser that he had witnessed the incident and he had witnessed the arrest of Mr. Bauer. He told Detective Esser that one of the officers began to kick Bauer at least five to six times. He also stated that after Bauerwas kicked in the head, the officer began to punch him in the back of the head two to three time~. Michalski then told Detective Esser that the offic-er put his knee to Bauer's head at leasrtwo-to tilree times grinding Bauer's head into the ground with his knee. Bauer said something to the effect at this time, fuck you faggots. He reported that the officer said in response to this, shut up, shut the fuck up, put your hands back.

EMAIL CONTACT

I received several emails which J had requested from individuals. ".


The first email that I received was from the bar manager, Nathan Quella. Mr. Quella indicated "I was between two guys wheu this happened so I took the guy thilt broke the glass to the ground. Adam a)ld I held him down and I told another bouncer to ca1l91i. The person we were holding stopped struggling after a minute or two. We let him get up and get some paper towels for his hands. The cops showed up and as soon as he saw them he ran for the garden door. The door was lockedso. he couldn't get out. The cops caught up to him in the doorway. He was struggling and did not let the cops cuff him. Cops shoved him twice against the wall and I believe he cut his head on one of the signs we have on the wall. The cops then got him on the ground and he was struggling. Cops were on their knees and at this point, holding him down and telling him to roll ovef onto his stomach. He would not and then walked away to check on my employees and make sure ilO. one got huit. I was told one of the cops 'struck the guy in the. head with hIs knees but I didn't see it happen. Oneof my employees, Elissa, then called 911 again because she thought

. the cops used excessive force. During the incident, thought of excessive force did not enter my mind."

I received an email from Adam Pischke reference this incident. That email states in part: "First I saw the guy break the glass over the other guy's head and then I restrained the breaker until the police arrived. At arrival, I let the police take over and when I got off of him he tried running out the back door but it was locked. Then the officers u'ied to get him to the ground but he resisted. They then used the appropriate amount of force to take him down where he appeared to continue to resist. At this point, the officers were teIling him they were "going to break his arm" ifhe didn't c.oaperate. He continued and they proceeded to stomp on his head.At this point, I can't tell ifhe's still resisting but they were shouting to each other that he was and they stomped on his head about five times. At this point, the ambulance arrived and there was a decent amount of blood on the floor." He notes in his email, I was about 15 feet away while all this was going on.

I received this email from Max Michalski: "I was working at the front door when I heard a fight break out in the bar. When I got inside, the man who was arrested this night was on the floor restrained by a bouncer and our manager. After a couple of minutes holding him on the fioor, the cops arrived and when the two male cops went to arrest him, he ran and tried to escape our the beer garden door but was unable to because the patio door was locked. The cops then grabbed him, threw him face first into the wall saying get to the ground and then threw him to the ground. Meanwhile, I was standing a couple of feet away watching. Once the man was on the ground, one cop was on his back attempting to restrain the man and had his right arm as the man was lying face down. Then the other cop who was standing right next to me took a step towards the man and kicked the man extremely hard with the tip of his shoe to the top of the man's head. The cop who kicked him continually stepping away and stepping to fully kick the man on the top of the head repeatedly, between five and ten times. With each kick to the head, I could hear a loud thumping sound. Meanwhile, ·the other cop is still on top of the man holding his right arm while he's barely squirming on the ground. The cop kicking him said give us your arm but he never, ever made an attempt to grab the arm, which was rested on the floor. After kicking the man, the same cop began taking full swings punching the man in· the back of the head between three and five times but still made no attempt to actually grab the left arm. After punching the man, the same cop then got on his left knee and began swinging his other knee very hard into the man's face. This occurred two to three times and the man was gushing blood from his face. After kneeing the man in the head, he took his knee and he put it on the back of his head and put alInost all his weight on it and drove his face into the floor. At this point, the same cop finally grabbed his left arm and pulled it to the right arm restrained by the other cop so they could cuff him."

46


The first email that I received was from the bar manager, Nathan Quella. Mr. Quella indicated "I was between two guys wheu this happened so I took the guy thilt broke the glass to the ground. Adam a)ld I held him down and I told another bouncer to ca1l91i. The person we were holding stopped struggling after a minute or two. We let him get up and get some paper towels for his hands. The cops showed up and as soon as he saw them he ran for the garden door. The door was lockedso. he couldn't get out. The cops caught up to him in the doorway. He was struggling and did not let the cops cuff him. Cops shoved him twice against the wall and I believe he cut his head on one of the signs we have on the wall. The cops then got him on the ground and he was struggling. Cops were on their knees and at this point, holding him down and telling him to roll ovef onto his stomach. He would not and then walked away to check on my employees and make sure ilO. one got huit. I was told one of the cops 'struck the guy in the. head with hIs knees but I didn't see it happen. Oneof my employees, Elissa, then called 911 again because she thought

. the cops used excessive force. During the incident, thought of excessive force did not enter my mind."

I received an email from Adam Pischke reference this incident. That email states in part: "First I saw the guy break the glass over the other guy's head and then I restrained the breaker until the police arrived. At arrival, I let the police take over and when I got off of him he tried running out the back door but it was locked. Then the officers u'ied to get him to the ground but he resisted. They then used the appropriate amount of force to take him down where he appeared to continue to resist. At this point, the officers were teIling him they were "going to break his arm" ifhe didn't c.oaperate. He continued and they proceeded to stomp on his head.At this point, I can't tell ifhe's still resisting but they were shouting to each other that he was and they stomped on his head about five times. At this point, the ambulance arrived and there was a decent amount of blood on the floor." He notes in his email, I was about 15 feet away while all this was going on.

I received this email from Max Michalski: "I was working at the front door when I heard a fight break out in the bar. When I got inside, the man who was arrested this night was on the floor restrained by a bouncer and our manager. After a couple of minutes holding him on the fioor, the cops arrived and when the two male cops went to arrest him, he ran and tried to escape our the beer garden door but was unable to because the patio door was locked. The cops then grabbed him, threw him face first into the wall saying get to the ground and then threw him to the ground. Meanwhile, I was standing a couple of feet away watching. Once the man was on the ground, one cop was on his back attempting to restrain the man and had his right arm as the man was lying face down. Then the other cop who was standing right next to me took a step towards the man and kicked the man extremely hard with the tip of his shoe to the top of the man's head. The cop who kicked him continually stepping away and stepping to fully kick the man on the top of the head repeatedly, between five and ten times. With each kick to the head, I could hear a loud thumping sound. Meanwhile, ·the other cop is still on top of the man holding his right arm while he's barely squirming on the ground. The cop kicking him said give us your arm but he never, ever made an attempt to grab the arm, which was rested on the floor. After kicking the man, the same cop began taking full swings punching the man in· the back of the head between three and five times but still made no attempt to actually grab the left arm. After punching the man, the same cop then got on his left knee and began swinging his other knee very hard into the man's face. This occurred two to three times and the man was gushing blood from his face. After kneeing the man in the head, he took his knee and he put it on the back of his head and put alInost all his weight on it and drove his face into the floor. At this point, the same cop finally grabbed his left arm and pulled it to the right arm restrained by the other cop so they could cuff him."

FebruUly 14,2007 PageS

I received an email from Sgt. Amy Schwartz related to this incident. Sgt. Schwartz was the OlC the night. of the. incident. I had spoken to her briefly prior to receiving this email. She told me that after the incident that Heimsness came hito the OIC's office and "feel Heimsness told me about the combative subjecrand how he and Corey Ursa had to take the subject to the ground and then struggled to gain control, although PO Ursa eventually gained control of one arm,lhe other arm was still unobtainable. Heimsness told me that he began to deliver several knee strikes to the body of the subject until they were able to gain contror of his other arm. Heimsness also told me during the fight, the subject's jacket was pulled up over his head making it impossible for Heimsness to know what area of the subject's body his knee was having contact with. PO Heimsness told me that after the subject was controlled and taken into custody, he observed that. thEl subject had sustained fachil injuries that were not present when he and PO Ursa had initially made contact with him. PO Heimsness told me that he believed he may have inadvertently struck the subject in the face with his knee while trying to control him. PO Heimsness also told me that during the struggle with the subject, the subject sustained some sort of hand injury due to hitting in the victim in the head with a glass."

INTERVIEW WITH OFFICER COREY URSa

On January 17,2007, I interviewed Police Officer Corey Ursa in the Conference Room of the Chiefs Office. He was accompanied by MPPOA President Scott Favour and Lt. Joe Balles was also present for the second half of Officer Ursa's interview. Officer Ursa details the incident. Again, he indicates that he was concerned about the amount of blood that the subject had on him and was concerned that he not be exposed to the subject's blood. He remembers looking up and seeing the sweatshirt over the subject's head and that he couldn't see where his left hand was. When I asked him specifically ifhe knows whether Officer Heimsness kicked Jacob Bauer, he stated I didn't observe that but I guess I wasn't looking. The blood really kinda was there, 'a lot of it, you know. I was really focused on that. I asked him if he saw Officer Heimsness punch Jacob Bauer, his response was I didn't see that. I asked him if he saw any knee strikes. He said, "I didn't see that. I know there was definitely struggling. I mean I knew Steve was right there but no I didn't see any of that." I asked him if he heard an employee at the bar yell and he indicated he heard someone yell, "I heard stop or something like that." The rest of interview details taking Bauer into custody and Bauer's behavior at Meriter Hospital.

INTERVIEW WITH OFFICER STEVE HEIMSNESS

Officer Steve Heimsness was interviewed in the Chief s Conference Room by myself on January 17, 2007. He was accompanied for the interview by MPPOA President Scott Favour .. Lt. Joe Balles was also present for the interview. During the interview, Heimsness told me about his initial contact with Bauer and how Bauer ran from him through the short hallway that leads to the beer garden door. He indicated that he ended up catching up w\th Bauer and that Bauer stiff-armed him in the face. He indicated that it was hard enough that it pushed him back several inches and it did not knock him completely off balance but he.was trying to push him away. Note that I noticed this was duly noted in Officer Heimsness' report of the incident and I also noted that Sgt. Mierow advised that once she arrived at the scene, she saw some blood on Heimsness' face which she believed was the result of being pushed in the face by the subject, Jacob Bauer, who was bleeding from his hand at the time.

47

FebruUly 14,2007 PageS

I received an email from Sgt. Amy Schwartz related to this incident. Sgt. Schwartz was the OlC the night. of the. incident. I had spoken to her briefly prior to receiving this email. She told me that after the incident that Heimsness came hito the OIC's office and "feel Heimsness told me about the combative subjecrand how he and Corey Ursa had to take the subject to the ground and then struggled to gain control, although PO Ursa eventually gained control of one arm,lhe other arm was still unobtainable. Heimsness told me that he began to deliver several knee strikes to the body of the subject until they were able to gain contror of his other arm. Heimsness also told me during the fight, the subject's jacket was pulled up over his head making it impossible for Heimsness to know what area of the subject's body his knee was having contact with. PO Heimsness told me that after the subject was controlled and taken into custody, he observed that. thEl subject had sustained fachil injuries that were not present when he and PO Ursa had initially made contact with him. PO Heimsness told me that he believed he may have inadvertently struck the subject in the face with his knee while trying to control him. PO Heimsness also told me that during the struggle with the subject, the subject sustained some sort of hand injury due to hitting in the victim in the head with a glass."

INTERVIEW WITH OFFICER COREY URSa

On January 17,2007, I interviewed Police Officer Corey Ursa in the Conference Room of the Chiefs Office. He was accompanied by MPPOA President Scott Favour and Lt. Joe Balles was also present for the second half of Officer Ursa's interview. Officer Ursa details the incident. Again, he indicates that he was concerned about the amount of blood that the subject had on him and was concerned that he not be exposed to the subject's blood. He remembers looking up and seeing the sweatshirt over the subject's head and that he couldn't see where his left hand was. When I asked him specifically ifhe knows whether Officer Heimsness kicked Jacob Bauer, he stated I didn't observe that but I guess I wasn't looking. The blood really kinda was there, 'a lot of it, you know. I was really focused on that. I asked him if he saw Officer Heimsness punch Jacob Bauer, his response was I didn't see that. I asked him if he saw any knee strikes. He said, "I didn't see that. I know there was definitely struggling. I mean I knew Steve was right there but no I didn't see any of that." I asked him if he heard an employee at the bar yell and he indicated he heard someone yell, "I heard stop or something like that." The rest of interview details taking Bauer into custody and Bauer's behavior at Meriter Hospital.

INTERVIEW WITH OFFICER STEVE HEIMSNESS

Officer Steve Heimsness was interviewed in the Chief s Conference Room by myself on January 17, 2007. He was accompanied for the interview by MPPOA President Scott Favour .. Lt. Joe Balles was also present for the interview. During the interview, Heimsness told me about his initial contact with Bauer and how Bauer ran from him through the short hallway that leads to the beer garden door. He indicated that he ended up catching up w\th Bauer and that Bauer stiff-armed him in the face. He indicated that it was hard enough that it pushed him back several inches and it did not knock him completely off balance but he.was trying to push him away. Note that I noticed this was duly noted in Officer Heimsness' report of the incident and I also noted that Sgt. Mierow advised that once she arrived at the scene, she saw some blood on Heimsness' face which she believed was the result of being pushed in the face by the subject, Jacob Bauer, who was bleeding from his hand at the time.

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He indicated that they were trying to struggle with him in this small hallway and they couldn't get any position of advantage there so they ended up dragging him out of the passageway towards the bar room

. and then he was on his sjde at this p.oint. He indicated that he was actively resisting during this entire incident. He indicated that he could also feel the,tension in the subject's left arm. He heard Officer Ursa telling the subject to put hi. hands behind hi~ back and tllat he wasn't complying. He also indicate.~ that he and Officer Ursa were able to get their legs and feet in front of him and they tripped him and pushed him to the floor and that is how the take down occurred. I asked Officer,Heimsness if during the incident he ever kicked Bauer in the head. He indicated not that I know of, "The problem being, of course, as.I'm Irying to kick him as his jacket was up and from the middle of his torso up to his elbow was covered with his jacket so I wasn't kicking towards his head. My objective.was to kick him in the side." He then described the kicks that he applied to Jacob Bauer,' I·asked him if he punched the pers.on at any' time. He ., indicated no "after those first three or four kicks, I then dragged him out further andT was either kicking or trying to drag him out further into the bar. I lost grip on his left hand and then I kicked him two more times I'm guessing. I think two more times because now his arm was gone and it went under him and he rolled on to his stomac~ but he placed his hand under his body but I did not punch him." I asked him when you kicked him the second time, you know where you landed those kicks. He stated no, I was directing them towards his side as best 1 could. "1 think it was below his shoulder level where I was aiming." I asked him ifhe used any knee strikes on him and he indicated he did after he lost conlrol of the

.subject's arm. "I went down to my knees and 1 delivered four or five knee strikes from my knees as he was laying on the floor and lriming for his side." I asked him if his head was still covered at this time and he said yup, his head was covered until he finally surrendered his arm under his body. I asked him did he at some point give up and he responded yeah after the last knee strike I delivered, he said, "Okay, okay and then he started to bring his left arm out and his left arm carne out and I reached under his jacket, found his left wrist and brought it Qut and around and toward the small of his back." I asked him if he heard anybody yelling at the officers from the bar and he indicated he did. He told me he thought it was an employee and she was yelling something to the effect of "stop it, stop it, you're going to kill him or get off of him." Heimsness acknowledged that Bauer had blood all over his face after they pulled the jaCket from his head and shoulder areas. During the rest of the interview, Heimsness describes Mr. Bauer's behavior at the .hospital. He said he was unpleasant, that he was abusive, rude, calling everybody names, insulting hospital staff, demanding to know if we arrested the person that had injured him. He also indicated the subject was very intoxicated. At the end of the interview, I went through these specific questions.

QUESTION: At some point, you had your knee on him. Is that correct?

ANSWER: "Actually both but yes."

QUESTION: Okay where were the knees placed on him?

ANSWER: "On his left shoulder. more towards the mid-line of his body and down probably three or four inches from the top of his shoulder."

QUESTION:'He was not kicked inthe head or he was not kicked intentionally in the head?

ANSWER: "No not intentionally."

0111"~1.r.:\CIl'rlo<:~\pol!CE\PSU\1007\01·01 "krro.dQ~

48

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....


He indicated that they were trying to struggle with him in this small hallway and they couldn't get any position of advantage there so they ended up dragging him out of the passageway towards the bar room

. and then he was on his sjde at this p.oint. He indicated that he was actively resisting during this entire incident. He indicated that he could also feel the,tension in the subject's left arm. He heard Officer Ursa telling the subject to put hi. hands behind hi~ back and tllat he wasn't complying. He also indicate.~ that he and Officer Ursa were able to get their legs and feet in front of him and they tripped him and pushed him to the floor and that is how the take down occurred. I asked Officer,Heimsness if during the incident he ever kicked Bauer in the head. He indicated not that I know of, "The problem being, of course, as.I'm Irying to kick him as his jacket was up and from the middle of his torso up to his elbow was covered with his jacket so I wasn't kicking towards his head. My objective.was to kick him in the side." He then described the kicks that he applied to Jacob Bauer,' I·asked him if he punched the pers.on at any' time. He ., indicated no "after those first three or four kicks, I then dragged him out further andT was either kicking or trying to drag him out further into the bar. I lost grip on his left hand and then I kicked him two more times I'm guessing. I think two more times because now his arm was gone and it went under him and he rolled on to his stomac~ but he placed his hand under his body but I did not punch him." I asked him when you kicked him the second time, you know where you landed those kicks. He stated no, I was directing them towards his side as best 1 could. "1 think it was below his shoulder level where I was aiming." I asked him ifhe used any knee strikes on him and he indicated he did after he lost conlrol of the

.subject's arm. "I went down to my knees and 1 delivered four or five knee strikes from my knees as he was laying on the floor and lriming for his side." I asked him if his head was still covered at this time and he said yup, his head was covered until he finally surrendered his arm under his body. I asked him did he at some point give up and he responded yeah after the last knee strike I delivered, he said, "Okay, okay and then he started to bring his left arm out and his left arm carne out and I reached under his jacket, found his left wrist and brought it Qut and around and toward the small of his back." I asked him if he heard anybody yelling at the officers from the bar and he indicated he did. He told me he thought it was an employee and she was yelling something to the effect of "stop it, stop it, you're going to kill him or get off of him." Heimsness acknowledged that Bauer had blood all over his face after they pulled the jaCket from his head and shoulder areas. During the rest of the interview, Heimsness describes Mr. Bauer's behavior at the .hospital. He said he was unpleasant, that he was abusive, rude, calling everybody names, insulting hospital staff, demanding to know if we arrested the person that had injured him. He also indicated the subject was very intoxicated. At the end of the interview, I went through these specific questions.

QUESTION: At some point, you had your knee on him. Is that correct?

ANSWER: "Actually both but yes."

QUESTION: Okay where were the knees placed on him?

ANSWER: "On his left shoulder. more towards the mid-line of his body and down probably three or four inches from the top of his shoulder."

QUESTION:'He was not kicked inthe head or he was not kicked intentionally in the head?

ANSWER: "No not intentionally."

0111"~1.r.:\CIl'rlo<:~\pol!CE\PSU\1007\01·01 "krro.dQ~


QUESTION: But he wasn't punched in the head?

ANSWER: "No lneyer punched him anywhere or in the head."

QUESTION: And that knee strike was not intended to go to the head?

ANSWER: "No I was trying to hit the-torso."

QUESTION: And that the knee used to hold him down was on his torso not on his head?

ANSWER: "No it was on his shoulder."

QUESTION: During the point when he was resisting, was his head covered for-the most of the incident?

ANSWER: "From when I dragged him out of the end of the passageway into the bar, his jacket had come off and was I don't know if this was mentioned before but he was, I dragged him out up towards the bar and he ended up near the north wall of the passageway."

QUESTION: I asked him ifhe spoke to Sgt. Mierow at the scene and he indicated that was correct.

INTERVIEW WITH MAX MICHALSKI

I interviewed Max Michalski at the City.County Building on January 18,2007. Max recounted the incident to me with regards to the incident.

QUESTION: Letine ask you this, before you get there, let me ask you this did they push him into a wall in an attempt to stun him?

ANSWER: Yes it was a very hard shove into the wall.

QUESTION: At that point was he struggling with the officers?

ANSWER: "n was fairly mild or I mean it was in between. He wasn't really thrashing around trying to swing at them but he was twisting his shoulders and arms kind of flailing."

QUESTION: Do you think he was trying to get away at this point?

ANSWER: "I mean yes I guess he was trying to get away. It seemed at this point he was still trying to escape the two officers."

QUESTION: Could -you hear them clearly say get down on the ground?

ANSWER: "Yes. That was clear. They did say get to the floor and he wasn't."

QUESTION: And 11e wasn't, he wasn't going.-,t"-0i!th",e,-,fl",0,,0,,--r2v..,01,,,u"-,nl"tar,,-,i'!;lyL'?~~~~~~~~~~~~~~_~_

49


QUESTION: But he wasn't punched in the head?

ANSWER: "No lneyer punched him anywhere or in the head."

QUESTION: And that knee strike was not intended to go to the head?

ANSWER: "No I was trying to hit the-torso."

QUESTION: And that the knee used to hold him down was on his torso not on his head?

ANSWER: "No it was on his shoulder."

QUESTION: During the point when he was resisting, was his head covered for-the most of the incident?

ANSWER: "From when I dragged him out of the end of the passageway into the bar, his jacket had come off and was I don't know if this was mentioned before but he was, I dragged him out up towards the bar and he ended up near the north wall of the passageway."

QUESTION: I asked him ifhe spoke to Sgt. Mierow at the scene and he indicated that was correct.

INTERVIEW WITH MAX MICHALSKI

I interviewed Max Michalski at the City.County Building on January 18,2007. Max recounted the incident to me with regards to the incident.

QUESTION: Letine ask you this, before you get there, let me ask you this did they push him into a wall in an attempt to stun him?

ANSWER: Yes it was a very hard shove into the wall.

QUESTION: At that point was he struggling with the officers?

ANSWER: "n was fairly mild or I mean it was in between. He wasn't really thrashing around trying to swing at them but he was twisting his shoulders and arms kind of flailing."

QUESTION: Do you think he was trying to get away at this point?

ANSWER: "I mean yes I guess he was trying to get away. It seemed at this point he was still trying to escape the two officers."

QUESTION: Could -you hear them clearly say get down on the ground?

ANSWER: "Yes. That was clear. They did say get to the floor and he wasn't."

QUESTION: And 11e wasn't, he wasn't going.-,t"-0i!th",e,-,fl",0,,0,,--r2v..,01,,,u"-,nl"tar,,-,i'!;lyL'?~~~~~~~~~~~~~~_~_

· . February 14,2007 Page 8

ANSWER: "No it was really difficult to say because there were .in such a tight corridor. I mean he was stood up between the two guys but personally I did not think he was going to go to the floor .voluntarily:'

QUESTION: Did you know was he bleeding at this point?

ANSWER: "I believe he had a mild cut from when he had been detained by the boun~ers. I'm not sure where the cut occurred but he was mildly bleeding. He had some blood on him." ,

QUESTION: Was it on his hands'or don't you recall?

ANSWER: "I do not recall."

QUESTION: The officers were then able to get him to the ground?

ANSWER: "Yes."

QUESTION: Did they have trouble getting him to a position on the ground where they could put handcuffs Oil?

ANSWER: "It did not appear so. They had one officer directly on top of him and the other officer was standing and Bauer was lying there and his left arm was still moving mildly at moSt, still struggling."

QUESTION: Was Mr. Bauer's head covered at this point?

ANSWER: "No, I never witnessed Mr. Bauer's head being covered until the very end when they were trying, when he was still like a half an hour after the incident. His head was uncovered the entire time during this incident."

QUESTION: Did you see the second officer kick Mr. Bauer?

ANSWER: "Yes I saw the officer who was not restraining the arm on top of him step back and lean into a kick in a very violent way, extremely hard to the top of the head between five and ten times, very hard kicks and they were direct hits with his toe. It made a tllUmping sound when it hit, when he connected and he would back up and take a full step into it and kick again."

QUESTION: Was he saying anything at this point?


QUESTION: Do you recall if the second officer was saying anything?

ANSWER: "I don't recall anything specific. I do believe in there they did say give us your arm something along those lines, give us your arm."

Q'(JESTION: What did he do after the initial five to ten kicks?

02JI.uol·F:\CmJo~1J'0lICE\P$WOO'i'D7·01"',(ID.I.tl"!l

50

· . February 14,2007 Page 8

ANSWER: "No it was really difficult to say because there were .in such a tight corridor. I mean he was stood up between the two guys but personally I did not think he was going to go to the floor .voluntarily:'

QUESTION: Did you know was he bleeding at this point?

ANSWER: "I believe he had a mild cut from when he had been detained by the boun~ers. I'm not sure where the cut occurred but he was mildly bleeding. He had some blood on him." ,

QUESTION: Was it on his hands'or don't you recall?


QUESTION: The officers were then able to get him to the ground?

ANSWER: "Yes."

QUESTION: Did they have trouble getting him to a position on the ground where they could put handcuffs Oil?

ANSWER: "It did not appear so. They had one officer directly on top of him and the other officer was standing and Bauer was lying there and his left arm was still moving mildly at moSt, still struggling."

QUESTION: Was Mr. Bauer's head covered at this point?

ANSWER: "No, I never witnessed Mr. Bauer's head being covered until the very end when they were trying, when he was still like a half an hour after the incident. His head was uncovered the entire time during this incident."

QUESTION: Did you see the second officer kick Mr. Bauer?

ANSWER: "Yes I saw the officer who was not restraining the arm on top of him step back and lean into a kick in a very violent way, extremely hard to the top of the head between five and ten times, very hard kicks and they were direct hits with his toe. It made a tllUmping sound when it hit, when he connected and he would back up and take a full step into it and kick again."

QUESTION: Was he saying anything at this point?


QUESTION: Do you recall if the second officer was saying anything?

ANSWER: "I don't recall anything specific. I do believe in there they did say give us your arm something along those lines, give us your arm."

Q'(JESTION: What did he do after the initial five to ten kicks?

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ANSWER: "After the kicks to head, he followed that by crouching down and taking his knuckles and taking full swing punches to the· side and back· of Mr. Bauer's head. Probably between four and five punches as hard as he can directly connect into the back of his head which is still uncovered at this point."

QUESTION: Were the officers saying anything at this point \0 one another?

ANSWER: "I do not recall,'·'

QUESTION: The second officer who had kicked and punched the subject, what did he do next?

ANSWER: "He put his left knee down on the floor and swung his right knee extremely hard· into Mr. Bauer's face and pretty much into his face which was lying, on the floor, two or three times just directly to the heac,!, to his face."

I asked him if he saw any reaction from Mr. Bauer, his response was "he was still lying there pretty much motionless."

QUESTION: Now the knee strikes that you described, how many of those did yon see?

ANSWER: "Two to three."

QUESTION: Were those powerful Or mild?

ANSWER: "Powerful. That's what I believe caused most of the bleeding from Mr. Bauer's face. That I mean that spread everywhere because the kicks to the top of his head there was some bleeding but most of the bleeding came when he was getting hit in the face with his knee." .

QUESTION: After the knee strikes, what did you see?

ANSWER: "1 saw the officer, the same officer put his knee to the back, kind of side his face and put most of his weight on his face in kind of a little wiggling but pushed his face into the floor,"

I asked him if anybody at the. bar told the officers to stop and he indicated, "Yes. Elissa Parker yelled from 20 feet away to stop. I don't have it word forward but she said just stop, you're going to, I believe she might have said stop you're going to kill him."

I asked this question and again just for clarification and I make sure that I'm absolutely correct, that was never pulled over his head until after all this stopped and before the ambulance got there? "Yes."

QUESTION: Do you remember who pulled that up over his head?

il ,i ANSWER: "I did not see that. I didn't see it actually occur. I heard, when I was cleaning up, I heard, I 'I heard him spitting and they said we have to cover his face so it will stop and I didn't see." d

QUESTION: So you're assuming the police pulled that up?

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ANSWER: "After the kicks to head, he followed that by crouching down and taking his knuckles and taking full swing punches to the· side and back· of Mr. Bauer's head. Probably between four and five punches as hard as he can directly connect into the back of his head which is still uncovered at this point."

QUESTION: Were the officers saying anything at this point \0 one another?

ANSWER: "I do not recall,'·'

QUESTION: The second officer who had kicked and punched the subject, what did he do next?

ANSWER: "He put his left knee down on the floor and swung his right knee extremely hard· into Mr. Bauer's face and pretty much into his face which was lying, on the floor, two or three times just directly to the heac,!, to his face."

I asked him if he saw any reaction from Mr. Bauer, his response was "he was still lying there pretty much motionless."

QUESTION: Now the knee strikes that you described, how many of those did yon see?

ANSWER: "Two to three."

QUESTION: Were those powerful Or mild?

ANSWER: "Powerful. That's what I believe caused most of the bleeding from Mr. Bauer's face. That I mean that spread everywhere because the kicks to the top of his head there was some bleeding but most of the bleeding came when he was getting hit in the face with his knee." .

QUESTION: After the knee strikes, what did you see?

ANSWER: "1 saw the officer, the same officer put his knee to the back, kind of side his face and put most of his weight on his face in kind of a little wiggling but pushed his face into the floor,"

I asked him if anybody at the. bar told the officers to stop and he indicated, "Yes. Elissa Parker yelled from 20 feet away to stop. I don't have it word forward but she said just stop, you're going to, I believe she might have said stop you're going to kill him."

I asked this question and again just for clarification and I make sure that I'm absolutely correct, that was never pulled over his head until after all this stopped and before the ambulance got there? "Yes."

QUESTION: Do you remember who pulled that up over his head?

il ,i ANSWER: "I did not see that. I didn't see it actually occur. I heard, when I was cleaning up, I heard, I 'I heard him spitting and they said we have to cover his face so it will stop and I didn't see." d

QUESTION: So you're assuming the police pulled that up?

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ANSWER: "Yes. It would have· been police."

QUESTION: But the first two guys didn't pull up his ... ?

ANSWER: "No."

QUESTION: Shirt or jacket or anything of that nature and they had a clear view of his head the entire. time of the incident?

ANSWER: ".yes."

INTERVIEW WITH ADAM PISCHKE·'

Mr. Pischke was a bouncer who initially took down Jacob Bauer at State Street Brats and held him until the police arrived. He did this with the assistance of the bar manager who held down Mr. Bauer's legs. I asked the following questions:

QUESTION: Tell me what you did when you made contact with him, that would be Jacob Bauer?

ANSWER: "Well at this poitit, I didn't know for sure this was guy that had broken the glass but all my bouncers, the other four, said this is the guy that did it and they were all trying to take him down and eventually we couldn't because he Was resisting so I got him on his back and forced him to the ground. I'm on top of him. He's on his stomach and my stomach is up against his back and I have my right arm around his neck because he's trying to throw me off as hard as he can so I'm increasing thepressnre aronnd his neck until he says I quit resisting and he just doesn't deCided to do anything else. Hejust lays there until the cops arrive,"

QUESTION: Did you know the police were on their way?

ANSWER: "Right. I did,"

QUESTION: At some point, either right before the police got there or right as the police got there, you decided to let him up?

ANSWER: "I let him free where the police were standing athis head on the ground andI let him free and he stood up, That's when I let him go."

QUESTION: At this point in time was he injured?

ANSWER: "I do recall I did make his nose bleed because he was fighting me at the very beginning, so there was a little blood on the ground from his nose probably from the takedown, but it wasn't a whole lot."

QUESTION: When he gets up what happens?

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ANSWER: "Yes. It would have· been police."

QUESTION: But the first two guys didn't pull up his ... ?

ANSWER: "No."

QUESTION: Shirt or jacket or anything of that nature and they had a clear view of his head the entire. time of the incident?

ANSWER: ".yes."

INTERVIEW WITH ADAM PISCHKE·'

Mr. Pischke was a bouncer who initially took down Jacob Bauer at State Street Brats and held him until the police arrived. He did this with the assistance of the bar manager who held down Mr. Bauer's legs. I asked the following questions:

QUESTION: Tell me what you did when you made contact with him, that would be Jacob Bauer?

ANSWER: "Well at this poitit, I didn't know for sure this was guy that had broken the glass but all my bouncers, the other four, said this is the guy that did it and they were all trying to take him down and eventually we couldn't because he Was resisting so I got him on his back and forced him to the ground. I'm on top of him. He's on his stomach and my stomach is up against his back and I have my right arm around his neck because he's trying to throw me off as hard as he can so I'm increasing thepressnre aronnd his neck until he says I quit resisting and he just doesn't deCided to do anything else. Hejust lays there until the cops arrive,"

QUESTION: Did you know the police were on their way?

ANSWER: "Right. I did,"

QUESTION: At some point, either right before the police got there or right as the police got there, you decided to let him up?

ANSWER: "I let him free where the police were standing athis head on the ground andI let him free and he stood up, That's when I let him go."

QUESTION: At this point in time was he injured?

ANSWER: "I do recall I did make his nose bleed because he was fighting me at the very beginning, so there was a little blood on the ground from his nose probably from the takedown, but it wasn't a whole lot."

QUESTION: When he gets up what happens?

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I I

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ANSWER: "When he gets up he gets tip slowly you know, like nothing is suspicious or anything and then all of a stlddetl, when the cops try to apprehend him, he bolts away and bies to run out the side door. But it was locked so he runs straight into the door. Then the police try to take him down.~'

QUESTION: Could he have been injured when he ran into the door?

ANSWER: "He cOllld have been but it·probably wouldn't have been too bad. He could have injured himself to the point of where he cOllld have started bleeding from. He could have cut himself because he did nm into it fairly hard, but it wasn't anything that would calise any severe injury." .

QUESTION: Did he grab onto the door bar or something?

ANSWER: "He grabbed onto parallel bars. He 'grabbed onto those bars and he wouldn't let go as. the police were trying to take him down."

QUESTION: Were they trying to pry him off that?

ANSWER: "Yes, yeah, they were trying to take him to the grotlnd and he was refusing to go down. And part of the way he kept standing up holding onto those two·bars."

QUESTION: Were they saying anything?

ANSWER: "Stop resisting. That was pretty mueh the key phrase for five minutes and he didn't."

QUESTION: Once they gothim off the bar did they stun him at all or use a move where they pushed him into the wall? ' .

ANSWER: "Yes, that's exactly the next thing I was going to say. O'lee they got him off th,e door they got him free and they threw him into one of our, well it's a narrow passageway. They threw him up against the right wall at this point. I think he put his legs out wide to prevent from being taken down to the ground."

QUESTION: Did they manage to get him to the ground?

ANSWER: '"rhey did eventually."

QUESTION: Was it a struggle to do that?

ANSWER: "Right. It was. It was a pretty lengthy struggle in my opinion for tlVO minutes or so trying to _ _ _ get him to the groun<Lbe~cause hejllsLwolildn't" __ _

QUESTION: I asked him how they got him to the ground.

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ANSWER: "When he gets up he gets up slowly you know, like nothing is suspicious or anything and then all of a suddeu, when the cops lry to apprehend him, he bolts away and Dies to run out the side door, BlIt it was locked so he runs straight into the door. Then the police try to take him down.~'

QUESTION: Could he have been injured when he ran into the door?

ANSWER: "He could have been but it·probably wouldn't have been too bad. He could have injured himself to the point of where he could have started bleeding from. He could have cut himself because he did run into it fairly hard, but it wasn't anything that would calise any severe injury."

QUESTION: Did he grab onto the door bar or something?

ANSWER: "He grabbed onto parallel bars. He 'grabbed onto those bars and he wouldn't let go as, the police were trying to take him down."

QUESTION: Were they trying to pry him off that?

ANSWER: "Yes, yeah, they were trying to take him to the ground and he was refusing to go down. And part of the way he kept standing up holding onto those two·bars."

QUESTION: Were they saying anything?

ANSWER: "Stop resisting. That was pretty much the key phrase for five minutes and he didn't."

QUESTION: Once they got him off the bar did they stun hima! all oruse a move where they pushed him into the wall? ' '

ANSWER: "Yes, that's exactly the next thing I was going to say. Olice they got him off lh,e door they got him free and they threw him into one of our, well it's a narrow passageway. They threw him up against the right wall at this point. I think he put his legs out wide to prevent from being taken down to the ground."

QUESTION: Did they manage to get him to the gronnd?

ANSWER: ''They did eventually."

QUESTION: Was it a struggle to do that?

ANSWER: "Right. It was. It was a pretty lengthy struggle in my opinion for tlVO minutes or so trying to ___ get him to the groll!l<LheJ:_uuse hejusLw_ollldn't."

QUESTION: I asked him how they got him to the ground.

I

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ANSWER: "One of the officers had an arn\ around his back and they put their leg !lext to his knees and they basically tripped himto the ground. That's how they got him down eventually. The officers basically kept on saying stop resisting. or we are going to break your ann. Stop resisting or we are going to break your arm. He kept resi&ting and at one point they said, alright, break his arm and I don't know if it ever got broken or whatever, but' eventually they felt it was necessary because he was resisting and they couldn't get handcuffs on him for the life of them. I mean so they started kneeing him and stomping on his head." .

QUESTION: One officer had to be in the standing position at this point?

ANSWER: "Right, and then one was on his back."

QUESTION: You described in your e-mail to me that one officer stomped on his head?

ANSWER: "Right."

QUESTION: And was that officet' the one in the standing position?

ANSWER: "Correct. The officer in the standing position, I don't know if there was a warning given or not for stopping. I can't recall but at some point he is resisting to the point where they said stop resisting. He didn't stop resisting and the officer in the standing position started basically he lifted his leg and his heel and starting landing shots from the bottom of his heel and the top I think was coming down on the side of the guy's head, on like the top of his ear from three to seven times."

QUESTION: Was he coming straight down?

ANSWER: "Straight down."

QUESTION: Was his headexposed at all?

ANSWER: "It was. It was just his head. I mean there was nothing over it or anything."

QUESTION: There was no jacket or sweatshirt over it?

ANSWER: "There might have been for one of the stomps, maybe. But fOLthe majority that I can remember there w~s nothing over his head."

QUESTION:.Did it look like he was aiming for his head?

ANSWER: "Yes, itwas.lt was clear !hat he was intentionally stomping on his head with the back of his foot, with the bottom of his foot."

QUESTION: Could you hear any sound from the impact?

ANSWER: "Yes. I don't know ho:.v to describe it but I mean it sounded like a thud I guess."

54

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I

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ANSWER: "One of the officers had an arn\ around his back and they put their leg !lext to his knees and they basically tripped himto the ground. That's how they got him down eventually. The officers basically kept on saying stop resisting. or we are going to break your ann. Stop resisting or we are going to break your arm. He kept resi&ting and at one point they said, alright, break his arm and I don't know if it ever got broken or whatever, but' eventually they felt it was necessary because he was resisting and they couldn't get handcuffs on him for the life of them. I mean so they started kneeing him and stomping on his head." .

QUESTION: One officer had to be in the standing position at this point?

ANSWER: "Right, and then one was on his back."

QUESTION: You described in your e-mail to me that one officer stomped on his head?

ANSWER: "Right."

QUESTION: And was that officet' the one in the standing position?

ANSWER: "Correct. The officer in the standing position, I don't know if there was a warning given or not for stopping. I can't recall but at some point he is resisting to the point where they said stop resisting. He didn't stop resisting and the officer in the standing position started basically he lifted his leg and his heel and starting landing shots from the bottom of his heel and the top I think was coming down on the side of the guy's head, on like the top of his ear from three to seven times."

QUESTION: Was he coming straight down?

ANSWER: "Straight down."

QUESTION: Was his headexposed at all?

ANSWER: "It was. It was just his head. I mean there was nothing over it or anything."

QUESTION: There was no jacket or sweatshirt over it?

ANSWER: "There might have been for one of the stomps, maybe. But fOLthe majority that I can remember there w~s nothing over his head."

QUESTION:.Did it look like he was aiming for his head?

ANSWER: "Yes, itwas.lt was clear !hat he was intentionally stomping on his head with the back of his foot, with the bottom of his foot."

QUESTION: Could you hear any sound from the impact?

ANSWER: "Yes. I don't know ho:.v to describe it but I mean it sounded like a thud I guess."


QUESTION: Did either one of the'officers punch this guy?

'ANSWER: "Yes they,did,,1 don't think itwas when he was on the ground, I'm pretty sure it was when he was standing up and still resisting and they were trying to bring him to the ground. That's when they tried· to punch him."

QUESTION: Did you sec any knee strikes to his head when he was on the ground?

ANSWER: "I don't believe they were to his head directly. They were to his mid-section, his ribs, to the collarbone' area, the shoulder area, but there wasn't any knee directly to the head as far as I can remember."

QUESTION: Okay, and the stomp though was directly to the head?

ANSWER: "The stomp was. The stomp was directly to the head."

QUESTION: Did someone at some point during the incident works at the bar yell stop it?

ANSWER: "Yes."

QUESTION: Do you remember exactly what was said?

ANSWER: "Sometlling - stop it, you're going to kill him. That's pretty much what it was."

QUESTION: At some point does she go into the bathroom and use her cell phone?

ANSWER: "I don't know what she did but I do remember our manager say, and I quote 'Elissa, those are the police, you have to go behind the bar,' that's what tlle manager told her."

QUESTION: And was the manager Nate?

ANSWER: "Yeah, I don't know how to even say his last name, but Nate said at least twice to her and she eventually complied."

QUESTION: Was there a palm print on the door?

ANSWER: "Like from where his face was up against the door when the officers were trying to get him to · the ground it looked like his nose was bleeding or part of his face was bleeding or hands, whatever. It was pretly high. It was arollnd where the bars are. I don't know what could have caused it or where it was

~~~~froJlLb_ecnl1se I c_ouldn'ueILwhere_this_guy was_bleeding." ~~~ __ ~~~~~~~~~~~_

i ~-- -

QUESTION: Who witnessed the incident besides Max and Elissa?

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QUESTION: Did either one of the· officers punch this guy?

. ANSWER: "Yes they.did .. 1 don't think itwas when he was on the ground. I'm pretty sure it was when he was standing up and still resisting and they were trying to bring him to the ground. That's when they tried -to punch him."

QUESTION: Did you see any knee strikes to his head when he was on the ground?

ANSWER: "I don't believe they were to his head directly. They were to his mid-section, his ribs, to the collarbone- area, the shoulder area, but there wasn't any knee directly to the head as far as I can remember."

QUESTION: Okay, and the stomp though was directly to the head?

ANSWER: "The stomp was. The stomp was directly to the head."

QUESTION: Did someone at some point during the incident works at the bar yell stop it?

ANSWER: "Yes."

QUESTION: Do you remember exactly what was said?

ANSWER: "Sometlling - stop it, you're going to kill him. That's pretty much whatit was."

QUESTION: At some point does she go into the bathroom and use her cell phone?

ANSWER: "I don't know what she did but I do remember our manager say, and I quote 'Elissa, those are the police, you have to go behind the bar,' that's what the manager told her."

. QUESTION: And was the manager Nate?

ANSWER: "Yeah, I don't know how to even say his last name, but Nate said at least twice to her and she eventually complied."

QUESTION: Was there a palm print on the door?

ANSWER: "Like from where his face was up against the door when the officers were trying to get him to the ground it looked like his nose was bleeding or part of his face was bleeding or hands, whatever. It was

I, preuy high. It was around where the bars are. I don't know what could have caused it or where it was ~. _. ~~_ftQm b.ecause I c_ouldn't tell where. this.guy was.bleeding."

I QUESTION: Who witnessed the incident besides Max and Elissa?

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ANSWER: "] think I probably had the best vantage point, but because I, probably should mention this, I -mean I asked them if they wanted my help getting him to the ground and they said no. But after a minute or two, after they kept stnlggling, I eventually did-get involved-and get a little bitof my weight on his back as they were trying to throw him to the ground and I did help take him to the ground for maybe five seconds."

QUESTION: Did they notice that?

ANSWER: "I don't know whether they noticed it or not but I did help take him to the ground because the officers, it was like two minutes, they couldn't get him to the ground and 1 asked them like right in the very beginning if they wanted help. They said no. And at one point 1 was just like this is going to go on for a while, 1 mean, so] just instinctively I guess, 1 jumped in and 1 didn't use a whole lot of force but it was just enough to get him to the ground for maybe fives seconds tops at the very end before I guess I really don't remember why 1 did it. 1 was just getting to the point where this is nuts."

INTERVIEW WITH NATHAN QUELLA, BAR MANAGER

QUESTION: So they pushed him into the wall?

ANSWER: "Yes."

QUESTION: Can you describe it?

ANSWER: ''They just took him by his back and pushed him against the wall, not softly but not real hard. Probably like a medium, a good shove."

QUESTION: Did he hit his head when this happened?

ANSWER: "1 think so. I can't say for sure but there was blood on the wall there afterwards so 1 think he did cut his head on the wall."

QUESTION: Do you recall if there was blood on the door?

ANSWER: "No, I don't recall that."

QUESTION: Do you know what a stunning technique is? Did it look to you like they were trying to do that?

ANSWER: "Yeah."

QUESTION: Did he react after being pushed into the_ wall, meaning did Mr. Bauer react?

ANSWER: "Yeah, he was still kind of squirming around."

QUESTION: At some point they were able to get him to the ground?

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ANSWER: "] think I probably had the best vantage point, but because I, probably should mention this, I -mean I asked them if they wanted my help getting him to the ground and they said no. But after a minute or two, after they kept stnlggling, I eventually did-get involved-and get a little bitof my weight on his back as they were trying to throw him to the ground and I did help take him to the ground for maybe five seconds."

QUESTION: Did they notice that?

ANSWER: "I don't know whether they noticed it or not but I did help take him to the ground because the officers, it was like two minutes, they couldn't get him to the ground and 1 asked them like right in the very beginning if they wanted help. They said no. And at one point 1 was just like this is going to go on for a while, 1 mean, so] just instinctively I guess, 1 jumped in and 1 didn't use a whole lot of force but it was just enough to get him to the ground for maybe fives seconds tops at the very end before I guess I really don't remember why 1 did it. 1 was just getting to the point where this is nuts."

INTERVIEW WITH NATHAN QUELLA, BAR MANAGER

QUESTION: So they pushed him into the wall?

ANSWER: "Yes."

QUESTION: Can you describe it?

ANSWER: ''They just took him by his back and pushed him against the wall, not softly but not real hard. Probably like a medium, a good shove."

QUESTION: Did he hit his head when this happened?

ANSWER: "1 think so. I can't say for sure but there was blood on the wall there afterwards so 1 think he did cut his head on the wall."

QUESTION: Do you recall if there was blood on the door?

ANSWER: "No, I don't recall that."

QUESTION: Do you know what a stunning technique is? Did it look to you like they were trying to do that?

ANSWER: "Yeah."

QUESTION: Did he react after being pushed into the_ wall, meaning did Mr. Bauer react?

ANSWER: "Yeah, he was still kind of squirming around."

QUESTION: At some point they were able to get him to the ground?

02/1>1i07.P.\Ortf.xs\POLlCl:\PSl.I\2OO1'.01·01 Mc/TO_do<:


ANSWER: "Yes."

QUESTION: He was on his back at this point and they were trying to get him to turn over?

ANSWER: "Yes.'"

QUESTION: Was he.still struggling?

ANSWER: "Yeah, he would not tum over."

QUESTION: How did they get him to 'turn over? .

ANSWER: "From what I saw they physically were wrenching him over and at that point I walked away from the door because I had to make sure all my employees were not hurt or anything."

QUESTION: Did you see either ofthe officers physically kick ~r strike this subject?

ANSWER: "No, but I don't believe they could have kicked him because when I walked away they were both on their knees like one was kind of up on his back with his back towards the door and the other was right next to his head on his knees." .

QUESTION: Was there a bartender that indicated that she thought there was a problem? Is that correct?

ANSWER: "Yes."

QUESTION: And who was that?

ANSWER: "Elissa."

QUESTION: And what did she say?

ANSWER: "I believe she said, stop it you're killing him, or you're hurting him, and then she went to cal1 the cops again."

QUESTION: Did you discourage her from doing that?

ANSWER: "Well ijust wanted her to let them do their job because at this point I didn't really think they were using excessive force. It didn't enter my mind really. I was kind of pumped up on adrenaline because I had to hold the guy down."

QUESTION: In your view was it reasonable, meaning was the use of force reasonable?

ANSWER: "Never entered my mind that it was excessive force. I never saw any strikes to the head. If that did happen I probably would have thought it was excessive force. I didn't really actually see that."

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ANSWER: "Yes."

QUESTION: He was on his back at this point and they were trying to get him to turn over?

ANSWER: "Yes.'"

QUESTION: Was he.still struggling?

ANSWER: "Yeah, he would not tum over."

QUESTION: How did they get him to 'turn over? .

ANSWER: "From what I saw they physically were wrenching him over and at that point I walked away from the door because I had to make sure all my employees were not hurt or anything."

QUESTION: Did you see either ofthe officers physically kick ~r strike this subject?

ANSWER: "No, but I don't believe they could have kicked him because when I walked away they were both on their knees like one was kind of up on his back with his back towards the door and the other was right next to his head on his knees." .

QUESTION: Was there a bartender that indicated that she thought there was a problem? Is that correct?

ANSWER: "Yes."

QUESTION: And who was that?

ANSWER: "Elissa."

QUESTION: And what did she say?

ANSWER: "I believe she said, stop it you're killing him, or you're hurting him, and then she went to cal1 the cops again."

QUESTION: Did you discourage her from doing that?

ANSWER: "Well ijust wanted her to let them do their job because at this point I didn't really think they were using excessive force. It didn't enter my mind really. I was kind of pumped up on adrenaline because I had to hold the guy down."

QUESTION: In your view was it reasonable, meaning was the use of force reasonable?

ANSWER: "Never entered my mind that it was excessive force. I never saw any strikes to the head. If that did happen I probably would have thought it was excessive force. I didn't really actually see that."

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INTERVIEW WITH GARRETT ALEXANDER

Garrett Alexander was intervi'ewed at State Street Brats on January 22 at'approximately 4:20 p.m. Mr. Alexander indicated that he works there, although at the time of the incident he was off-duty and in, the bar and he had been drinking.

'QUESTION: I asked him if he had an accurate recollection of the events.

ANSWER: He indicated that he had.

' QUESTION: I asked him about an officer trying to restrain the subject.

ANSWER: "!tjust seemed that one officer was trying to restrain him. There were a few other officers kicking and then one officer kneed him in the face or the head. I don't know. I oouldn't tell from the direction. It was his face or his head. All I saw was a knee to the head. I don't know how many times he was kicked in the face or Ihe head. All I saw was he was kneed 10 tlle head and I saw tlle kicking but I didn't know how many times he was kicked in the face or the head."

QUESTION: I asked him if those kicks landed on his head and face.

\ ANSWER: "A couple of them did, I mean the sound was kind of gruesome. It sounded like something being smashed like a pumpkin or something."

QUESTION: I asked him if the subject's head was visible.

ANSWER: "Yeah."

QUESTION: I asked him if anything was covered.

ANSWER: "Nothing over it."

QUESTION: I asked him if it appeared if the subject was resisting a lot.

ANSWER: "At first, yes he did, and then after Ii while, after a few kicks to the head, between the body and head, it just seemed like he wasn't moving anymore."

QUESTION: So was he kicked in the head and the body? Was he hit in both spots?

ANSWER: "From what I could see that's what it looked like. Now I'm not sure if any of the body hits were landed bllt il seemed like Ihey were kicking mostly in the upper torso area."

QUESTION: And was a knee to the head though?

ANSWER: "Yeah."

QUESTION: Okay, and the noise that you described, was that after he got kicked or hit illlhe head?

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INTERVIEW WITH GARRETT ALEXANDER

Garrett Alexander was intervi'cwcd at State Street Brats on January 22 arapproximately 4:20 p.m. Mr. Alexander indicated that he works there, although at the time of the incident he was off-duty and in· the bar and he had been drinking .

. QUESTION: I asked him if he had an accurate recollection of the events.

ANSWER: He indicated that he had .

. QUESTION: I asked him about an officer trying to restrain the subject.

ANSWER: "It just seemed that one officer was trying to restrain him. There were a few other officers kicking and then one officer kneed him in the face or the head. I don't know. I oouldn't tell fTOm the direction. It was his face or his head. All I saw was a knee to the head .. I don't know how many times he was kicked in the face or the head. All I saw was he was kneed to tlle head and I saw tlle kicking but I didn't know how many times he was kicked in the face or the head."

QUESTION: I asked him if those kicks landed on his head and face.

I ANSWER: "A couple of them did, I mean the sOllnd was kind of gruesome. It sounded like something being smashed like a pumpkin or something."

QUESTION: I asked him if the subject's head was visible.

ANSWER: "Yeah."

QUESTION: I asked him if anything was covered.

ANSWER: "Nothing over it."

QUESTION: I asked him if it appeared if the subject was resisting a lot.

ANSWER: "At first, yes he did, and then after Ii while, after a few kicks to the head, between the body and head, itjl1st seemed like he wasn't moving anymore."

QUESTION: So was he kicked in the head and the body? Was he hit in both spots?

ANSWER: "From what I could see that's what it looked like. Now I'm not sure if any of the body hits were landeU bllt it seemed like they were kicking mostly in the upper torso area."

QUESTION: And was a knee to the head though?

ANSWER: "Yeah."

QUESTION: Okay, and the noise that you described, was that after he got kicked or hit in the head?

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ANSWER: "Yeah."

QUESTION: Or was that in the torso?

ANSWER: "They were kicking him. That's what it sounded like. I don't know ifitwas in the head. There was n lot going on in that small area at the time. I could hear the sound. rjust don't know where they were coming from."

QUESTION: You've got a clear recollection though of him getting kneed in the head? .

ANSWER: "Yes."

QUESTION: Did you hear the office~s say anything to him? . '

ANSWER: "When they were trying to get him down they were saying commands to him, I guess the standard commands like put your arms behind your back and stuff like that, and he was resisting a little bit."

INTERVIEW WITH TYLER KNEUBUEHL

I interviewed Tyler in my officer on January 22. Tyler indicated he is 23 years old and he is an assistant general manager of State Street Brats. He was working the evening of December 28 into the early morning hours of the 29th. Tylerindicated he was present when this incident happened. He saw the police catch up to the suspect, that being Jacob Bauer. He indicated that while they were trying to Bauer down, they are holding him and he is thrashing about like trying to throw his arms and get up.

QUESTION: I asked him if the officers' were saying anything. "

ANSWER: "Don't resist."

QUESTION: I asked him was he fighting more with the officers then he had been with the bouncers at State Street Brats?

ANSWER: "A lot. When U;e bouncers were on top of him I mean it looked like everything wa~ going to be fine, which was why I didn'tthink anything when the cops came In. But when the cops were on him he just kept thrashing and just yelling."

QUESTION: Do you recall what way his head was pointed?

ANSWER: "Oh, it was pointed towards the bar."

QUESTION: I asked himifhe had a good view.

ANSWER: "Yeah, his face was towards us and I was right in between the two tables and I had a direct line of sight."

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ANSWER: "Yeah."

QUESTION: Or was that in the torso?

ANSWER: "They were kicking him. That's what it sounded like. I don't know ifitwas in the head. There was n lot going on in that small area at the time. I could hear the sound. rjust don't know where they were coming from."

QUESTION: You've got a clear recollection though of him getting kneed in the head? .

ANSWER: "Yes."

QUESTION: Did you hear the office~s say anything to him? . '

ANSWER: "When they were trying to get him down they were saying commands to him, I guess the standard commands like put your arms behind your back and stuff like that, and he was resisting a little bit."

INTERVIEW WITH TYLER KNEUBUEHL

I interviewed Tyler in my officer on January 22. Tyler indicated he is 23 years old and he is an assistant general manager of State Street Brats. He was working the evening of December 28 into the early morning hours of the 29th. Tylerindicated he was present when this incident happened. He saw the police catch up to the suspect, that being Jacob Bauer. He indicated that while they were trying to Bauer down, they are holding him and he is thrashing about like trying to throw his arms and get up.

QUESTION: I asked him if the officers' were saying anything. "

ANSWER: "Don't resist."

QUESTION: I asked him was he fighting more with the officers then he had been with the bouncers at State Street Brats?

ANSWER: "A lot. When U;e bouncers were on top of him I mean it looked like everything wa~ going to be fine, which was why I didn'tthink anything when the cops came In. But when the cops were on him he just kept thrashing and just yelling."

QUESTION: Do you recall what way his head was pointed?

ANSWER: "Oh, it was pointed towards the bar."

QUESTION: I asked himifhe had a good view.

ANSWER: "Yeah, his face was towards us and I was right in between the two tables and I had a direct line of sight."

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QUESTION: I asked him was his head covered up with his jacket or sweater or anything.

ANSWER: "Didn't look like it."

QUESTION: Could you see the officer strike him with his knee?

ANSWER: "Yeah."

QUESTION: And where did he hit him when he struck him with his knee?

ANSWER: "I'm pretty sure it looked like right in the head."

QUESTION: Did it look like a forceful strike?

ANSWER: "Well, yeah, it could do some damage. It wasn't a baby tap or anything. It obviously looked like it was to do something."

QUESTION: Did it have any impact on the guy when he did?

ANSWER: "He stopped squirming around."

QUESTION: Were they still talking to him at this point?

ANSWER:. "Yeah, they were just saying stop resisting,"

QUESTION: Did you see the officer kick the individual at anytime?

ANSWER: ''No, the only thing I saw was the knees."

QUESTION: Was the officer in a kneeling position at this point?

ANSWER: "Yeah, he was kneeling."

QUESTION: Did the officer at any point put his knee on the person's' head or face to put pressure on the person?

ANSWER: '1 don't believe so, not that I saw."

QUESTION: Did it appear the officers 'were using excessive amount of force? .

ANSWER: "No."

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QUESTION: I asked him was his head covered up with his jacket or sweater or anything.

ANSWER: "Didn't look like it."

QUESTION: Could you see the officer strike him with his knee?

ANSWER: "Yeah."

QUESTION: And where did he hit him when he struck him with his knee?

ANSWER: "I'm pretty sure it looked like right in the head."

QUESTION: Did it look like a forceful strike?

ANSWER: "Well, yeah, it could do some damage. It wasn't a baby tap or anything. It obviously looked like it was to do something."

QUESTION: Did it have any impact on the guy when he did?

ANSWER: "He stopped squirming around."

QUESTION: Were they still talking to him at this point?

ANSWER:. "Yeah, they were just saying stop resisting,"

QUESTION: Did you see the officer kick the individual at anytime?

ANSWER: ''No, the only thing I saw was the knees."

QUESTION: Was the officer in a kneeling position at this point?

ANSWER: "Yeah, he was kneeling."

QUESTION: Did the officer at any point put his knee on the person's' head or face to put pressure on the person?

ANSWER: '1 don't believe so, not that I saw."

QUESTION: Did it appear the officers 'were using excessive amount of force? .

ANSWER: "No."


INTERVIEW WITH POLICE OFFICER RYAN ORVIS

Officer Orvis indicated that when he arrived he saw Jacob Bauer lying on his stomach. He was near U,e door to go onto the patio at State Street Brats which is the east most door. He saw Officer Urso and Heimsness kneel beside him and they Were holding him either by his arm or they had their hands on his back. He indicated that the officers acknowledged his presence and at some point he said he relieved· the officers so they could go clean up their hands as there was blood on themselves. He indicated that the officers seemed under control. He didn't notice any labored breathing and said "things seemed fairly calm at that point to me." He indicated that he was telling Mr. Bauer to calm down and that everything was going to be okay and that the Fire .Deparhnent was going to look at him. He also told me they could see a lot of blood in and around his mouth and nose. It was difficult for him to tell exactly what the SOUrce of the bleeding was. He said he wasn't articulating any specific injuries. He indicated at one point Mr. Bauer started spitting blood towards Officer Sheehy and Officer Emily Becker. He said he placed Mr. Bauer in a position where he wouldn't be able to spit anymore.

INTERVIEW WITH MIKE MATYSIK

This interview was conducted on January 23, 2007 in the 200 block of Langdon Street in my Madison Police vehicle. Michael indicated that he works at State Street Brats. He is a student at UW-Madison and he is 21 years old. I asked him if he recalled the incident and he said he did. ''There was an incident. A glass was thrown at somebody, cutting one of the patrons like across the neck. And the person hitting was thrown to the ground, bounced liy one of our bouncers and then arrested by the police." I asked him if he could teU if the subject was injured and he said, "He had blood all OVer him. I don't know if it was his or the other person's but he had blood allover him. That's all I know." I asked him if he heard officers say anything to the subject: He said he heard hiin to stay still and he did hear a person on the ground yelling a lot of obscenities. I asked him if he saw the officers punch, kick or knee strike the individual and he indicated he did not.

REVIEW OF WISCONSIN CIRCUIT COURT ACCESS RECORDS

For information I ran Mr. Bauer on CCAP and noted that he has at least nine entries with the correct date of birth of 5/8/83. Two of those are for felonies including the latest incident at State Street Brats. He has an open felony case from 2006. He has a niisdemeanor case from 2005 and another misdemeanor from 2004. The rest are criminal traffic and traffic cases. He also has a criminal misdemeanor from 2006 and I believe the criminal misdemeanors are related to obstructing/resisting an officer. The criminal felony from 2006 is for substantial battery and 2007 case is the felony bail jumping related to the case at State Street Brats.

I reviewed reports related to Jacob Bauer in an attempt to obtain background infonnation on bim and located a report from the Village of Waunakee Police Department. Their case number is 2006-600 II. In that case Jacob Bauer punched a subject by the name of Brian Anderson in the nose breaking Anderson's nose at a residence in the Village of Waunakee. The incident was sparked when Mr. Bauer took offense at Anderson grabbed his girlfriend around the waist.

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INTERVIEW WITH POLICE OFFICER RYAN ORVIS

Officer Orvis indicated that when he arrived he saw Jacob Bauer lying on his stomach. He was near U,e door to go onto the patio at State Street Brats which is the east most door. He saw Officer Urso and Heimsness kneel beside him and they Were holding him either by his arm or they had their hands on his back. He indicated that the officers acknowledged his presence and at some point he said he relieved· the officers so they could go clean up their hands as there was blood on themselves. He indicated that the officers seemed under control. He didn't notice any labored breathing and said "things seemed fairly calm at that point to me." He indicated that he was telling Mr. Bauer to calm down and that everything was going to be okay and that the Fire .Deparhnent was going to look at him. He also told me they could see a lot of blood in and around his mouth and nose. It was difficult for him to tell exactly what the SOUrce of the bleeding was. He said he wasn't articulating any specific injuries. He indicated at one point Mr. Bauer started spitting blood towards Officer Sheehy and Officer Emily Becker. He said he placed Mr. Bauer in a position where he wouldn't be able to spit anymore.

INTERVIEW WITH MIKE MATYSIK

This interview was conducted on January 23, 2007 in the 200 block of Langdon Street in my Madison Police vehicle. Michael indicated that he works at State Street Brats. He is a student at UW-Madison and he is 21 years old. I asked him if he recalled the incident and he said he did. ''There was an incident. A glass was thrown at somebody, cutting one of the patrons like across the neck. And the person hitting was thrown to the ground, bounced liy one of our bouncers and then arrested by the police." I asked him if he could teU if the subject was injured and he said, "He had blood all OVer him. I don't know if it was his or the other person's but he had blood allover him. That's all I know." I asked him if he heard officers say anything to the subject: He said he heard hiin to stay still and he did hear a person on the ground yelling a lot of obscenities. I asked him if he saw the officers punch, kick or knee strike the individual and he indicated he did not.

REVIEW OF WISCONSIN CIRCUIT COURT ACCESS RECORDS

For information I ran Mr. Bauer on CCAP and noted that he has at least nine entries with the correct date of birth of 5/8/83. Two of those are for felonies including the latest incident at State Street Brats. He has an open felony case from 2006. He has a niisdemeanor case from 2005 and another misdemeanor from 2004. The rest are criminal traffic and traffic cases. He also has a criminal misdemeanor from 2006 and I believe the criminal misdemeanors are related to obstructing/resisting an officer. The criminal felony from 2006 is for substantial battery and 2007 case is the felony bail jumping related to the case at State Street Brats.

I reviewed reports related to Jacob Bauer in an attempt to obtain background infonnation on bim and located a report from the Village of Waunakee Police Department. Their case number is 2006-600 II. In that case Jacob Bauer punched a subject by the name of Brian Anderson in the nose breaking Anderson's nose at a residence in the Village of Waunakee. The incident was sparked when Mr. Bauer took offense at Anderson grabbed his girlfriend around the waist.

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1 also located one of our cases from 2004. The 2004 case number is 04-118352. That case ,was investigated by Officer Andre Lewis. A subject by the name of Scott Koralik indicate,s that he was atInn' s Pizza at 319 N. Frances Streelat approximately 2:51a.m. He indicated that Bauer thought he cut in front of him in line and that made him the focus of Bauer's aggression. He stated that as a result. Bauer swung and hit him in the hea<) three times, It caused him pain and he did not give Baner consent to him, however he did not want to pursue a complaint against Jacob Bauer.

Ilocated another case from 2005. This is a Madison Police Department case. The case number, is 05-10812. This is a case in which Mr. Bauer had been arrested from drunk driving. He was in handcuffs in the basement of the City-County Building. Initially he had been handcuffed behind his back and managed to slip the cuffs aroun(l and then has them in front of him. When he got out of the squad car he forcefully swung his elbows at the arresting officers who happ~ned to be Officer Dave Minnert (ph) and Officer Dao Xiong. Officer noted tllatBauer was yelling such things as "fuck you," directed towards the officer and they were telling him to stop resisting and to get on the ground. He refused to do so and even though he was handcuffed, he was flailing his arms and shifting his body trying to get away. The officers were able to grab his arms and they escorted him to the ground to get control of him.

, It is interesting to note that during the incident at State Street Brats with Officer Heimsness and Urso, Bauer is 'yelling "fuck you" and calling the officers "faggots" and again flailing his arms and upper,body

,around.' ,

I noted another Madison Police report from 2004. That case number is 04-38054. That case involved a subject by the n,ame of Dave Moore who was arguing with his girlfriend at4213 Maher Avenue. At some point during this argument Bauer who resided at that address stepped between the two and struck David Moore on the right side of his nose with a closed fist. The nos,e ended up swelling and bloody as a result of being hit by Bauer.

DAREVIEW

I had intended on contacting Mr. Bauer and I called the District Attorney's Office to advise them of my ,intention. I spoke to Mr. Blanchard. After talking about the case and without disclosing the results of the interviews with the officers, Mr. Blanchard indicated that his office would look at the case if I wanted them to review it. I indicated that I thought it would be a good idea. I had contact with Randy Burmeister of the DA's Office regarding this case. Mr. Burmeister picked up the reports in the e-mails and my interviews tluit were not Garity Warnings, specifically were not the officer's interviews. I note Mr. Blanchard wrote in an e-mail to me HI have now read several times the reports you have provided following lip on my review of the reports from the substantial battery case against Jacob Bauer. I do not find iIi t!lose reports a sufficient base to open a more formal investigation of this office into the circumstances surrounding the arrest of Bauer on 12129/06 at State Street Brats to determine if criminal charges might be warranted against any Madison Police Officers. Relevant factors include-agreement by all witnesses that Bauer was very actively resis ting police after conunitting an act of extreme violence (glass to the head). Reports thnt Bauer was extremely strong and forceful that night, the difficult circumstances confronting the officers in a small confined space, and the fact that police officers are trained to use escalating force in such situations, whiCh can inc lude delivering blows by and, knee or foot. This last fact might surprise some citizens, a factor that must be considered in reviewing witness

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I also located one of our cases from 2004. The 2004 case number is 04-118352. That case .was investigated by Officer Andre Lewis. A subject by the name of Scott Koralik indicate.s that he was at Inn's Pizza at 319 N. Frances Street at approximately 2:51 n.m. He indicated that Dauer thoughtlw cut in front of him in line and that made him the focus of Bauer's aggression. He stated that as a result, Bauer swung and hit him in the heaq three times. It caused him pain and he did not give Bauer consent to him, however he did not want to pursue n complaint against Jacob Bauer.

I located another case from 2005. This is a Madison Police Deparbnent case. The case number. is 05-10812. This is a case in which Mr. Bauer had been arrested from drunk driving. He was in handcuffs in the basement of the City-County Building. Initially he had been handcuffed behind his back and managed to slip the cuffs lIroun(l and then has themin front of him. When he got out of the squad car he forcefully swung his elbows at the arresting officers who happ~ned to be Officer Dave Minnert (ph) and Officer. Dao Xiong. Officer noted tllntBauer was yelling such things as "fuck you," directed towards the officer and they were telling him to stop resisting and to get on the ground. He refused to do so and even though he was handcuffed, he was flailing his arms and shifting his body trying to get away. The officers were able to grab his anns and they escorted him to the ground to get control of him.

. It is interesting to note that during the incident at State Street Brats with Officer Heimsness aild Ursa, Bauer is·yelling "fuck you" and calling the officers "faggots" and again flailing his arms and upper.body

. around.· .

I noted another Madison Police report from 2004. That case number is 04-38054. That case involved a subject by the n.ame of Dave Moore who was arguing with his girlfriend at4213 Maher Avenue. At some point during this argument Bauer who resided at that address stepped between the two and struck David Moore on the right side of his nose with a closed fist. The nos.e ended up swelling and bloody as a result of being hit by Bauer.

DAREVIEW

I had intended on contacting Mr. Bauer and I called the District Attorney's Office to advise them of my .intention. I spoke to Mr. Blanchard. After talking about the case and without disclosing the results of the interviews with the officers, Mr. Blanchard indicated that his office would look at the case if I wanted them to review it. I indicated that I thought it would be a good idea. I had contact with Randy Burmeister of the DA's Office regarding this case. Mr. Burmeister picked up the reports in the e-mails and my interviews that were not Garity Warnings, specifically were not the officer's interviews. I note Mr. Blanchard wrote in an e-mail to me "I have now read several times the reports you have provided following up on my review of the reports from the substantial battery case against Jacob Bauer. I do not find in t!lose reports a sufficient base to open a more formal investigation of this office into the circumstances surrounding the arrest of Bauer on 12129106 at State Street Brats to determine if criminal charges might be warranted-against any Madison Police Officers. Relevant factors include-agreement by --_ ali witnesses that Bauer was very actively resisting police after conunitting an act of extreme violence (glass to the head). Reports that Bauer was extremely strong and forceful that night, the difficult circumstances confronting the officers in a small confined space, and the fact that police officers are trained to use escalating force in such situations, which can include delivering blows by and, knee or foot. This last fact might sUrprise some citizens, a factor that must be considered in reviewing witness


statements in cases of this kind. I believe Investigator Bill;meister shares my view of lack of evidence· pointing towards a need for more fOimal investigation beyond which you have obtained."

CONCLUSIONS

I think that Mr. Blanchard correctly states the circumstances sUll'Ounding the arrest of Mr. Bal!~r pn 12/29/06. I also note that the officers repeatedly told Mr. Bauer to stop resisting, to give us your arms or. to get down on the ground and all those commands fell on deaf ears. It has to be noted that Mr. Bauer was offering an extreme amount of resistance to the officers.

This case also has to be considered ·in light of the nature of the underlying offense. The underlying offense was an extremely violent felony, breaking glasil'into the side of someone' s face or head is a very serious criminal act. Even more so in this case when it appears that this action was unprovoked.·

The next question, was Mr. Bauer trying to escape, and I would answer that unequivocally he was. He fought with the bouncers and had to be restrained until the police got there. Though he stopped resistitlg with a bouncer on top of him and a manager on his leg, it was only because the bouncer Adam Pischke had him pinned in a very forceful manner to the floor. Mr. Bauer was in no position to escape from Pischke's grasp. You also' should note that Mr. Pischke is a hurdler on the UW Track team. He is approximately 6' and 1851bs. He goes to track practice every day and lifts weights for Division 1 track. He also was a wide receiver on the football team for one year. So one would conclude that he is probably in excellent physicat condition. It appears that Mr. Pischke had his hands full, at least initially, with Mr ... Bauer.

Not only did Bauer attempt to escape from the bouncers, he attempted to escape when the officers arrived by fleeing out the side door that leads to the bar area. If Mr. Bauer had managed to escape, he probably would not have been identified and.this case, as serious as it was, would have gone unsolved. Mr. Bauer had a lot at stake in terms ofresisilng the officers' attempts to·take him into custody. I think it is very clear that he was resisting at a very, very high level.

I also consider this in the light of Mr. Bauer's past behavior. He has a horrific record in regards to his contacts with the police. He resists police violently and forcefully. He yells obscenities at people, flails his arms around and in the case of his drunk driving case, is engaging in assaultive behavior even though he is in handcuffs and has to be taken to the ground.

MADISON POLICE DEPARTMENT POLICY USE OF NON-DEADLY FORCE

That policy states:

Non-deadly force is only authorized when an officer reasonably believes it is necessary to control a person under any of the following circumstances:

1. Detaining a person reasonably suspected of unlawful behavior. 2. Effecting an arrest. .

___ -'-3. ()yerc.oming resistance. _____ ~~-------------------- ___ _ 4. Preventing escape.

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statements in cases of this kind. I believe Investigator Bill;meister shares my view of lack of evidence· pointing towards a need for more fOimal investigation beyond which you have obtained."

CONCLUSIONS

I think that Mr. Blanchard correctly states the circumstances sUll'Ounding the arrest of Mr. Bal!~r pn 12/29/06. I also note that the officers repeatedly told Mr. Bauer to stop resisting, to give us your arms or. to get down on the ground and all those commands fell on deaf ears. It has to be noted that Mr. Bauer was offering an extreme amount of resistance to the officers.

This case also has to be considered ·in light of the nature of the underlying offense. The underlying offense was an extremely violent felony, breaking glasil'into the side of someone' s face or head is a very serious criminal act. Even more so in this case when it appears that this action was unprovoked.·

The next question, was Mr. Bauer trying to escape, and I would answer that unequivocally he was. He fought with the bouncers and had to be restrained until the police got there. Though he stopped resistitlg with a bouncer on top of him and a manager on his leg, it was only because the bouncer Adam Pischke had him pinned in a very forceful manner to the floor. Mr. Bauer was in no position to escape from Pischke's grasp. You also' should note that Mr. Pischke is a hurdler on the UW Track team. He is approximately 6' and 1851bs. He goes to track practice every day and lifts weights for Division 1 track. He also was a wide receiver on the football team for one year. So one would conclude that he is probably in excellent physicat condition. It appears that Mr. Pischke had his hands full, at least initially, with Mr ... Bauer.

Not only did Bauer attempt to escape from the bouncers, he attempted to escape when the officers arrived by fleeing out the side door that leads to the bar area. If Mr. Bauer had managed to escape, he probably would not have been identified and.this case, as serious as it was, would have gone unsolved. Mr. Bauer had a lot at stake in terms ofresisilng the officers' attempts to·take him into custody. I think it is very clear that he was resisting at a very, very high level.

I also consider this in the light of Mr. Bauer's past behavior. He has a horrific record in regards to his contacts with the police. He resists police violently and forcefully. He yells obscenities at people, flails his arms around and in the case of his drunk driving case, is engaging in assaultive behavior even though he is in handcuffs and has to be taken to the ground.

MADISON POLICE DEPARTMENT POLICY USE OF NON-DEADLY FORCE

That policy states:

Non-deadly force is only authorized when an officer reasonably believes it is necessary to control a person under any of the following circumstances:

1. Detaining a person reasonably suspected of unlawful behavior. 2. Effecting an arrest. .

___ --,-3 ()Yerc.omil1g resistance. _____ ~~-------------------- ___ _ 4. Preventing escape.

, ,

February 14, 2007 'Page 22

S. Protecting oneself or another. 6. Maintaining order,

All of those eleinents were present in the early morning hours of December 29, 2006, With regards to the degree of non-deadly force, the Madison Police Department Policy states as follows:

Officers shall only use the degree of force reasonably believed to be necessary to contr61 a situation considering the following factors:

1. The existence of altemative methods of control. 2. Physical size, strength and weaponry of the person as compared to the officer. 3. The nature of the encounter. ...'. 4. Actions of the person. S. Exigent conditions (i.e., availability of backup, number of persons involved, etc.). 6. The severity of the offense. 7.. WheUler the suspect poses a threat to the safety of pfficers or citizens. 8: Whether the suspect is .actively resisting arrest or attemp\ing to evade arrest by flight.

The policy further states:

Control of a person through verbal commands shall always be the prefelTed method of control. Because verbal commands arc not always effective or appropriate in gaining compliance, officers may escalate tile degree of force based on the actions of the person they are attempting to contra!.

It does not appear. the officers had any other . alternative methods available to them- given the circumstmices. They physical size and stmngth ofMr. Bauer, although he is 5'10" and rather thin, was awfully strong and very resistive at the time. He was strong enough tilat he was able to give Mr. Pischke and the bUr manager a difficult time until they were able to get him on the ground. The nature of the encounter again is a very violent incident invorving someone breaking a glass in the face of. another person. Mr. Bauer was sb'ongly resisting. Exigent circumstances were present. The subject was trying to flee and if the police didn't act, he wouldn't have been apprehended and taken into custody. The severity of the offense as noted above, it is a very serious offense. Mr. Bauer clearly posed a threat to both officers and citizens. There was no question that Mr. Bauer was actively resisting.

The State ofWisconsinDAT Manual authorizes kicks and knee strikes in situations ill which individuals are violently resisting. I believe that was tile case here.

The case is troubling from the aspect of the number of people that are indicating that Bauer was kicked directly in the head. Buteven those statements nre somewhat contradicted by people that indicate maybe he was kicked in the torso or he was only kneed in the head and was not-kicked in the head, Clearly Max Michalski has very descriptive statements with regards to the actions of Officer Heimsness. Elissa Parker's statement to Sgt. Mierow and her statement to me over the phone is very similar to that of Mr. Michalski's.

rml~101·f:'.CI1U;Kjl,pOL\CE\I'SUUOO1V}1·01M'!1n.l1o(:

64

, ,

February 14, 2007 'Page 22

S. Protecting oneself or another. 6, Maintaining order,

All of those eleinents were present in the early morning hours of December 29, 2006. With regards to the degree of non-deadly force, the Madison Police Department Policy states as follows:

Officers shall only use the degree of force reasonably believed to be necessary to contrdl a situation considering the following factors:

1. The existence of alternative methods of control. 2. Physical size, strength and weaponry of the person as compared to the officer. 3, The nature of the encounter. . .... 4. Actions of the person. 5 . Exigent conditions (i.e., availabiliry of backup, number of persons involved, etc.). 6. The severity of the offense. 7. Whetller the suspect poses a threat to the safety of pfficers or citizens. 8. Whether the suspect is .actively resisting arrest or attemp\ing to evade arrest by flight.

The policy further states:

Control of a person through verbal commands shall always be the prefelTed method of control. Because verbal conunands are notalways effective or appropriate in gaining compliance, officers may escalate Ule degree offorce based on the actions of the person they are attempting to control.

It does not appear. the officers had any other . alternative methods available to them given ilie circumstmices. They physical size and strength of Mr. Bauer, although he is 5'10" and rather iliin, was awfully strong and very resistive at the time. He was strong enough Ulat he was able to give Mr. Pischke and the bUr manager a difficult time until they were able to get him on the ground. The nature of the encounter again is a very violent incident invol'ving someone breaking a glass in the face of. another person. Mr. Bauer was sb'ongly resisting. Exigent circumstances were present. The subject was trying to flee and if the police didn't act, he wouldn't have been apprehended and taken into custody. The severity of the offense as noted above, it is a very serious offense. Mr. Bauer clearly posed a threat to both officers and citizens. There was no question that Mr. Bauer was actively resisting.

The State of Wise on sinD AT Manual authorizes kicks and knee strikes in situations ill which individuals are violently resisting. I believe that was Ule case here.

The case is troubling from the aspect of the number of people that are indicating that Bauer was kicked directly in the head. Buteven those statements nre somewhat contradicted by people that indicate maybe he was kicked in the torso or he was only kneed in the head and was not-kicked' in the head . Clearly Max Michalski has very descriptive statements with regards to the actions of Officer Heimsness . Elissa Parker's statement to Sgt. Mierow and her statement to me over the phone is very similar to that of Mr. Michalski's.

· .

" ,

I


It is also in my view troubling that the officers saying the he,ad is covered. Officer Ursa in fact says on one occasion when he looked up he saw that the head was covered but that was all that Officer Urso saw. Officer Utso did not see any knee strikes, any kicks or any punches, but he was aware that there was a struggle going on. Officer Urso indicates he was so focused on handcuffing the suspect and maintaining control of the suspect's right wrist, that he was not observing what was going on. He was also very focused on not getting blood on himself or trying telimit the danger of blood exposure to himself. Officer Heimsness clearly indicates that the subject's head was covered throughout this incident arid that he did not intentionally deliver any knee strikes or kicks to the person's head.

I am unable to reconcile these differences but note that this was a very tense difficult situation and that the degree of injury apparent in the pictu.res does not appear to be real significant. It appears Mr. Bauer was in a fight. It appears that he has some swelling and bruising and some lacerations, but he does not look like a person who has been really beat up. During my career I've seen people with both eyes swollen shut, a nose displaced and ajaw horribly swollen'. That was not the case here. If the descriptions of Mr. Bauer being kicked repeatedly in the head were accurate, one would think that he would have more injuries than what is noted here. It is also significant I think that Mr. Bauer has not contacted the police department or anyone to my knowledge to indicate that he had any concern or complaint or injury related to this matter. Lastly, I don't believe there are any medical records available because it was noted in the officer reports that Mr. Bauer refused all medical attention while he was at the hospital. He was informed that he should have stitches for the lacerations on this nose or to the side of this nose, and he rejected those recommendations. He was in fact cleared to go to the Dane County Jail that night. Investigator Burmeister told me that the jail records indicate that Bauer was extremely intoxicated and was monitored throughout the night related to his level of intoxication.

I am forwarding this,to you for your review and consideration.

WI4f01.P.\Cm:ktcl\POJ.lCfi\PSlI\2001YJ1·01"knndoo

65

· .

" ,

I


It is also in my view troubling that the officers saying the he,ad is covered. Officer Ursa in fact says on one occasion when he looked up he saw that the head was covered but that was all that Officer Urso saw. Officer Utso did not see any knee strikes, any kicks or any punches, but he was aware that there was a struggle going on. Officer Urso indicates he was so focused on handcuffing the suspect and maintaining control of the suspect's right wrist, that he was not observing what was going on. He was also very focused on not getting blood on himself or trying telimit the danger of blood exposure to himself. Officer Heimsness clearly indicates that the subject's head was covered throughout this incident arid that he did not intentionally deliver any knee strikes or kicks to the person's head.

I am unable to reconcile these differences but note that this was a very tense difficult situation and that the degree of injury apparent in the pictu.res does not appear to be real significant. It appears Mr. Bauer was in a fight. It appears that he has some swelling and bruising and some lacerations, but he does not look like a person who has been really beat up. During my career I've seen people with both eyes swollen shut, a nose displaced and ajaw horribly swollen'. That was not the case here. If the descriptions of Mr. Bauer being kicked repeatedly in the head were accurate, one would think that he would have more injuries than what is noted here. It is also significant I think that Mr. Bauer has not contacted the police department or anyone to my knowledge to indicate that he had any concern or complaint or injury related to this matter. Lastly, I don't believe there are any medical records available because it was noted in the officer reports that Mr. Bauer refused all medical attention while he was at the hospital. He was informed that he should have stitches for the lacerations on this nose or to the side of this nose, and he rejected those recommendations. He was in fact cleared to go to the Dane County Jail that night. Investigator Burmeister told me that the jail records indicate that Bauer was extremely intoxicated and was monitored throughout the night related to his level of intoxication.

I am forwarding this,to you for your review and consideration.

WI4f01.P.\Cm:ktcl\POJ.lCfi\PSlI\2001YJ1·01"knndoo

TO:

FROM:

DATE:

RE:

· I

MADISON POLICE DEPARTMENT MEMORANDUM

Noble Wray, Chief of Police John Davenport, Assi.stant Chief of Police Randy Gaber, Assistant Cillef of Police Mary Schauf, Captain, Central District

Pat Malloy, Lieutenant of Police

February 26,2007·


This memo is a follow-up to my memo ofFebru!l1Y 14,2007. Since February 14, 2007, I have reviewed the DAAT Disturbance Resolution Model that was approved by the Law Enforcement Training and Standards Board of the Wisconsin Department of Justice on January 16, 2002. I have also looked at this model in conjunction with our Use of Force policy. I have had the assistance of Captain C!IJ.Il McLay. Captain McLay has reviewed the complete file on the matter and has provided valuable assistance and advice.

As you know, this was a somewhat unique and difficult situation for the two officers involved. The subject they were.tlying to arrest, Jacob Bauer, had just committed a violent felony.· He attempted to flee and was restrained by bouncers, and when the officers arrived, he attempted to flee again. When Officers Heimsness and Urso tried to arrest him, he offered a great deal of violent resistance.

In reviewing this in light of the disturbance resolution model, one can see that the officers intervened and presented both a display of authority and verbal communication in an effort to arrest Mr, Bauer. In response, Mr. Bauer fled. Officer Heimsness yelled to Mr. Bauer that he wouldn't be able to get out the locked door to the beer garden area. Both officers immediately tried to restrain Mr. Bauer and were initially unable to do so. After struggling with hlm, they were able to get him to the ground. They were unable to overcome Ills active resistance. The officers continually told Mr. Bauer to stop resisting, get on the ground, and put his arms behind his back. Those commands were . ignored. Officer Urso was attempting to handcuff Mr. Bauer's right hand. Officer Heimsness initially attempted to restrain the left !11m and was unable to do so. It was at this time Officer Heimsness moved to the stage of active countermeasm-es which are designed to create dysfunction in a violently resisting suspect. Those countermeasures included kicks and knee strikes.

It should be noted thlIlpriQrJoJhe officers'.Ju:ciYal,iheJ:w.a..har employees that were.IesturUJuiwn.llin'l;g;..-. _____ _ Mr. Bauer had some difficulty with him. Adam Pischke, who is an athl~te at the University of

66

TO:

FROM:

DATE:

RE:

· I


Noble Wray, Chief of Police John Davenport, Assi.stant Chief of Police Randy Gaber, Assistant Cillef of Police Mary Schauf, Captain, Central District

Pat Malloy, Lieutenant of Police

February 26,2007·


This memo is a follow-up to my memo ofFebru!l1Y 14,2007. Since February 14, 2007, I have reviewed the DAAT Disturbance Resolution Model that was approved by the Law Enforcement Training and Standards Board of the Wisconsin Department of Justice on January 16, 2002. I have also looked at this model in conjunction with our Use of Force policy. I have had the assistance of Captain C!IJ.Il McLay. Captain McLay has reviewed the complete file on the matter and has provided valuable assistance and advice.

As you know, this was a somewhat unique and difficult situation for the two officers involved. The subject they were.tlying to arrest, Jacob Bauer, had just committed a violent felony.· He attempted to flee and was restrained by bouncers, and when the officers arrived, he attempted to flee again. When Officers Heimsness and Urso tried to arrest him, he offered a great deal of violent resistance.

In reviewing this in light of the disturbance resolution model, one can see that the officers intervened and presented both a display of authority and verbal communication in an effort to arrest Mr, Bauer. In response, Mr. Bauer fled. Officer Heimsness yelled to Mr. Bauer that he wouldn't be able to get out the locked door to the beer garden area. Both officers immediately tried to restrain Mr. Bauer and were initially unable to do so. After struggling with hlm, they were able to get him to the ground. They were unable to overcome Ills active resistance. The officers continually told Mr. Bauer to stop resisting, get on the ground, and put his arms behind his back. Those commands were . ignored. Officer Urso was attempting to handcuff Mr. Bauer's right hand. Officer Heimsness initially attempted to restrain the left !11m and was unable to do so. It was at this time Officer Heimsness moved to the stage of active countermeasm-es which are designed to create dysfunction in a violently resisting suspect. Those countermeasures included kicks and knee strikes.

It should be noted thlIlpriQrJoJhe officers'.Ju:ciYal,iheJ:w.a..har employees that were.IesturUJuiwn.llin'l;g;..-. _____ _ Mr. Bauer had some difficulty with him. Adam Pischke, who is an athl~te at the University of

Various February 26, 2007 Page 2

Wisconsin, was only able to restrain him by using a chokehold. He also had the bar manager holding down the subject's legs with his body weight. I mention this because it demonstrates the level of resistance that Mr. Bauer was exhibiting prior to the officers' arrival.

The concern in this case relates to the use of kicks to the head. There are 8 witnesses and 2 officers who have provided vruying accounts of the incident. Officer Heimsness reported the kicks in his report filed in the matter, as well as to the sergeant on the scene .and the Officer in Charge. He acknowledges kicking the subject but indicated the subject's coat or sweatshirt had come up over the spbject's head making it difficult to determine exactly where the kicks landed. In his interview with me, he indicated neither the kicks nor the knee strikes were intended to strike the subject in the head. He indicatedif that happened, it was inadvertent. Heimsness indicated he was attempting to strike the subject in the upper torso, shoulder, and shouldyr area.

Some of the witnesses indicate that the kicks and knee strikes were directly to the head.

In reviewitig the witness statements, I believe that the statement of Adam Pischke is the most helpful. Adam was the bouncer who initially restrained Mr. Bauer after the incident. Adrun is also the one who pushed on .Mr. Bauer thereby assisting the officers in their efforts to take him to tlle ground. (Note, it appears that neither officer realized this occurred.)

Adam indicated in his statement that the officer who was in the standipg position kicked the subject in the head anywhere from three to seven times. In regard to whether the head was covered or not, Adam stated, "There might have been for one of the stomps, maybe, but for the majority that I cap remember, there was nothing over his head."

With regard to the IGlee strikes, Adam said, "I don't believe they were to his head directly. They were to his midsection ,his ribs or the collarbone/shoulder area but there weren't any knee strikes directly to the head, as far as I can remember."

Another witness was identified as Gan-ett Alexander. He is a student at UW and a part-time employee of the State Street Brat & Grill. He was not working at the time of the incident but was socializing at the bar. He indicated he had been drinking. Mr. Alexander's recollection is somewhat confused and he thought there were more than two officers involved in the ruTest of Jacob Batler. He indicated he had seen fi·om his vantage point some kicks to the head but also stated, "I'm not sure if any ofthe body hits were landed but it seemed like they were kicking him in the upper torso area."

Mr. Pischke provides information that Mr. Bauer's head may have been covered at some point during tlus incident which corroborates the officers' reports. He also cleru-Iy provides confrrmation that the knee strikes were not to the head area, which supports PO Heimsness's statements that he WaS

attempting to strike the person in the upper body area and not the head. Again, Mr. Pischke was close enough that he could reach in and push on the resisting Mr. Bauer.

Mr. Alexander's statement, while not as clear.as Mr. Pischke's, supports the officer was kicki=n""g;-,;thC"e~ __ subject in the upper torso area. It should be noted that Mr. Alexander was at the bar observing this as

67


Wisconsin, was only able to restrain him by using a chokehold. He also had the bar manager holding down the subject's legs with his body weight. I mention this because it demonstrates the level of resistance that Mr. Bauer was exhibiting prior to the officers' arrival.

The concern in this case relates to the use of kicks to the head. There are 8 witnesses and 2 officers who have provided vruying accounts of the incident. Officer Heimsness reported the kicks in his report filed in the matter, as well as to the sergeant on the scene .and the Officer in Charge. He acknowledges kicking the subject but indicated the subject's coat or sweatshirt had come up over the spbject's head making it difficult to determine exactly where the kicks landed. In his interview with me, he indicated neither the kicks nor the knee strikes were intended to strike the subject in the head. He indicatedif that happened, it was inadvertent. Heimsness indicated he was attempting to strike the subject in the upper torso, shoulder, and shouldyr area.

Some of the witnesses indicate that the kicks and knee strikes were directly to the head.

In reviewitig the witness statements, I believe that the statement of Adam Pischke is the most helpful. Adam was the bouncer who initially restrained Mr. Bauer after the incident. Adrun is also the one who pushed on .Mr. Bauer thereby assisting the officers in their efforts to take him to tlle ground. (Note, it appears that neither officer realized this occurred.)

Adam indicated in his statement that the officer who was in the standipg position kicked the subject in the head anywhere from three to seven times. In regard to whether the head was covered or not, Adam stated, "There might have been for one of the stomps, maybe, but for the majority that I cap remember, there was nothing over his head."

With regard to the IGlee strikes, Adam said, "I don't believe they were to his head directly. They were to his midsection ,his ribs or the collarbone/shoulder area but there weren't any knee strikes directly to the head, as far as I can remember."

Another witness was identified as Gan-ett Alexander. He is a student at UW and a part-time employee of the State Street Brat & Grill. He was not working at the time of the incident but was socializing at the bar. He indicated he had been drinking. Mr. Alexander's recollection is somewhat confused and he thought there were more than two officers involved in the ruTest of Jacob Batler. He indicated he had seen fi·om his vantage point some kicks to the head but also stated, "I'm not sure if any ofthe body hits were landed but it seemed like they were kicking him in the upper torso area."

Mr. Pischke provides information that Mr. Bauer's head may have been covered at some point during tlus incident which corroborates the officers' reports. He also cleru-Iy provides confrrmation that the knee strikes were not to the head area, which supports PO Heimsness's statements that he WaS

attempting to strike the person in the upper body area and not the head. Again, Mr. Pischke was close enough that he could reach in and push on the resisting Mr. Bauer.

Mr. Alexander's statement, while not as clear.as Mr. Pischke's, supports the officer was kicki=n""g;-,;thC"e~ __ subject in the upper torso area. It should be noted that Mr. Alexander was at the bar observing this as

Various . FeblUary 26, 2007 Page 3 .

opposed to Mr. Alexander who was standing right next to the situation. Mr. Alexander's statement indicates the officer kneed the subject directly in the head. Of course, this conflicts with· Mr. Pischke's statement that the knee strikes were to the body.

I have considered the statements in light of the photos taken of Mr. Bauer after the incident. Mr. Bauer's face and head do not have the amount of damage that one would expect to see from a great number of forceful kicks to the head. I believe Captain McLay shares that opinion. This conld snggest that the kicks to the head were not as damaging because the head was covered, or that the kicks to the head were somewhat limited. Clearly, Mr. Bauer looks like he had been involved in a fight but he certainly does not have the amonnt of damage tlmt I have observed on a numb.cr of occasions of people with severe face and injuries related to fights .

. In reviewing the nse of force, it appears that tlle officers had to escalate to using "incapacitating techniques" to cause the immediate temporary cessation of violent behavior on the part of Mr. Bauer. Kicks and knee strikes are authorized under the DAAT model as active connter measures. Normally active counter measures are one step below incapacitating techniques. In this case, the application of kicks and counter measures by Officer Heimsness appears to be reasonable under tlle circumstances.

Our policy requires officers to consider the existence of alternative methods of control. It appears there were no other alternative methoqs available to the officers in. this case. They are also to consider the physical size, strength and weaponry of tlle person the officers are trying to alTest. Although Mr. Bauer's physical size is not unusual, he was exhibiting an extreme amount of strength. The officers knew he had just smashed a glass into the face of another person, causing serious in jUlY, and knew he had not been searched. They are to consider the actions of the person. Mr. Bauer was exhibiting an extremely high level of violent resistance. The officers are to consider exigent circumstances involved .. Exigent circnmstances in my view existed becanse Mr. Bauer was hying to escape after he committed a violent felony and was displaying an extreme amoUlit of violent resistance toward the officers. Officers are to .consider tlle severity of the offense involved in the incident. As noted above, the offense was a violent felony. Officers are to consider whetller the snbjectposes a.threat to the safety of officers 01' citizen.s. I believe Mr. Bauer did pose a threat in that he had just injured a subject he did not know by smashing a glass into his face, had attempted to escape, resisted bouncers' attempts to take him into custody, and violently resisted the two officers. The last factor officers are to consider is whether the suspect is actively resisting arrest or attempting to evade arrest. Clearly, the answer to that was that Mr. Baner was doing both.

It is also impOitant to note that once Mr. Bauer was taken into custody and restrained, all forceful actions taken on part of the officers stopped. The officers requested an ambulance for Mr. Bauer and he was conveyed to Meriter Hospital where he continned to be obnoxious and difficult. Mr. Bauer refhsed medical attention. He was cleared by hospital staff for incarceration in the Dane County Jail.

CONCLUSION: It is my belief this complaint should be classified as not sustained. I am making it not sustained becanse I cannot sayJor certain that each kick or knee strike to the head was inadYertent _________ _

68

Various . FeblUary 26, 2007 Page 3 .

opposed to Mr. Alexander who was standing right next to the situation. Mr. Alexander's statement indicates the officer kneed the subject directly in the head. Of course, this conflicts with· Mr. Pischke's statement that the knee strikes were to the body.

I have considered the statements in light of the photos taken of Mr. Bauer after the incident. Mr. Bauer's face and head do not have the amount of damage that one would expect to see from a great number of forceful kicks to the head. I believe Captain McLay shares that opinion. This conld snggest that the kicks to the head were not as damaging because the head was covered, or that the kicks to the head were somewhat limited. Clearly, Mr. Bauer looks like he had been involved in a fight but he certainly does not have the amonnt of damage tlmt I have observed on a numb.cr of occasions of people with severe face and injuries related to fights .

. In reviewing the nse of force, it appears that tlle officers had to escalate to using "incapacitating techniques" to cause the immediate temporary cessation of violent behavior on the part of Mr. Bauer. Kicks and knee strikes are authorized under the DAAT model as active connter measures. Normally active counter measures are one step below incapacitating techniques. In this case, the application of kicks and counter measures by Officer Heimsness appears to be reasonable under tlle circumstances.

Our policy requires officers to consider the existence of alternative methods of control. It appears there were no other alternative methoqs available to the officers in. this case. They are also to consider the physical size, strength and weaponry of tlle person the officers are trying to alTest. Although Mr. Bauer's physical size is not unusual, he was exhibiting an extreme amount of strength. The officers knew he had just smashed a glass into the face of another person, causing serious in jUlY, and knew he had not been searched. They are to consider the actions of the person. Mr. Bauer was exhibiting an extremely high level of violent resistance. The officers are to consider exigent circumstances involved .. Exigent circnmstances in my view existed becanse Mr. Bauer was hying to escape after he committed a violent felony and was displaying an extreme amoUlit of violent resistance toward the officers. Officers are to .consider tlle severity of the offense involved in the incident. As noted above, the offense was a violent felony. Officers are to consider whetller the snbjectposes a.threat to the safety of officers 01' citizen.s. I believe Mr. Bauer did pose a threat in that he had just injured a subject he did not know by smashing a glass into his face, had attempted to escape, resisted bouncers' attempts to take him into custody, and violently resisted the two officers. The last factor officers are to consider is whether the suspect is actively resisting arrest or attempting to evade arrest. Clearly, the answer to that was that Mr. Baner was doing both.

It is also impOitant to note that once Mr. Bauer was taken into custody and restrained, all forceful actions taken on part of the officers stopped. The officers requested an ambulance for Mr. Bauer and he was conveyed to Meriter Hospital where he continned to be obnoxious and difficult. Mr. Bauer refhsed medical attention. He was cleared by hospital staff for incarceration in the Dane County Jail.

CONCLUSION: It is my belief this complaint should be classified as not sustained. I am making it not sustained becanse I cannot sayJor certain that each kick or knee strike to the head was inadYertent ________ _


As I noted earlier, this was a somewhat unique and difficult situation for the officers involved. Officer"Heimsness indicated in his interview that he had never had to use as many active countermeasW'es as he did the night he had to arrest Jacob Bauer. It is also interesting to note that the level of force that was used to restrain Mr. Bauer prior to the police arrival was what is commonly referred to as a choke hold. This was applied by Mr. Pischke in his successful efforts to restrain and detain Mr. Bauer. A chokehold is clearly an incapacitating technique, although it is not trained for law enforcement in Wisconsin. I note this to illustrate the level of resistance Mr. Bauer was exhibiting immediately before his contact with Madison police officers.

For the most part, the officers' actions were reasonable and necessary. This action includes the kicks and lmee strikes. It is my belief that without using a high level of active countermeasures, Mr. Bauer would have continued to fight aJ:ld attempt to flee, thus presenting a continuing danger to both officers and the public.

69


As I noted earlier, this was a somewhat unique and difficult situation for the officers involved. Officer"Heimsness indicated in his interview that he had never had to use as many active countermeasW'es as he did the night he had to arrest Jacob Bauer. It is also interesting to note that the level of force that was used to restrain Mr. Bauer prior to the police arrival was what is commonly referred to as a choke hold. This was applied by Mr. Pischke in his successful efforts to restrain and detain Mr. Bauer. A chokehold is clearly an incapacitating technique, although it is not trained for law enforcement in Wisconsin. I note this to illustrate the level of resistance Mr. Bauer was exhibiting immediately before his contact with Madison police officers.

For the most part, the officers' actions were reasonable and necessary. This action includes the kicks and lmee strikes. It is my belief that without using a high level of active countermeasures, Mr. Bauer would have continued to fight aJ:ld attempt to flee, thus presenting a continuing danger to both officers and the public.

TO;

PROM;

RE;

DATE;


Noble Wray, Chief of Police John Davenport, Assistant Chief of Police Randy Gaber, Assistant Chief of Police Mary Schauf, Captain

Pat Malloy

Internal Investigation 2007 ~O 1

March 2, 2007

As you know, I completed a follow-up interview regarding the State Street Brats case with PO Cory Urso on 3/1/07 at 5:30 am in the Chiefs Conference Room. Officer Urso was accompauiedby MPOA President Scott·Pavour.

Officer Urso was cooperative during the interview. He statement to me was consistent with his earlier interview. He indicated he did not see Officer Heimsness deliver any kicks, knee strikes, or punches to Jacob Bauer.

Officer Urso told me that he could tell a struggle was going on and that Jacob Bauer continued to resist as they Were attempting to restrain him. He indicated to me that he was looking down at the right hand and wrist of Mr. Bauer as he was trying to control him. He told me he was especially concerned because there was a great deal of blood present, and he wasn't sure where the blood was coming from. He said he was really trying to avoid a significant exposure. He estimated that this time period in which he was attempting to control Mr. Bauer's right arm was approximately 45 seconds to a minute.

He told me that Mr. Bauerput up'an awful lot of resistance at the time of his arrest. He also told me that he was unaware of anybody reaching in and pushing Mr. Bauer, causing Mr. Bauer and the officers to go to the floor. He indicated it was possible that this happened. .

Officer Urso could not provide any additional information reference this investigation.

A copy ofthe transcript will be provided as soon as it is transcribed.

70

TO;

PROM;

RE;

DATE;


Noble Wray, Chief of Police John Davenport, Assistant Chief of Police Randy Gaber, Assistant Chief of Police Mary Schauf, Captain

Pat Malloy

Internal Investigation 2007 ~O 1

March 2, 2007

As you know, I completed a follow-up interview regarding the State Street Brats case with PO Cory Urso on 3/1/07 at 5:30 am in the Chiefs Conference Room. Officer Urso was accompauiedby MPOA President Scott·Pavour.

Officer Urso was cooperative during the interview. He statement to me was consistent with his earlier interview. He indicated he did not see Officer Heimsness deliver any kicks, knee strikes, or punches to Jacob Bauer.

Officer Urso told me that he could tell a struggle was going on and that Jacob Bauer continued to resist as they Were attempting to restrain him. He indicated to me that he was looking down at the right hand and wrist of Mr. Bauer as he was trying to control him. He told me he was especially concerned because there was a great deal of blood present, and he wasn't sure where the blood was coming from. He said he was really trying to avoid a significant exposure. He estimated that this time period in which he was attempting to control Mr. Bauer's right arm was approximately 45 seconds to a minute.

He told me that Mr. Bauerput up'an awful lot of resistance at the time of his arrest. He also told me that he was unaware of anybody reaching in and pushing Mr. Bauer, causing Mr. Bauer and the officers to go to the floor. He indicated it was possible that this happened. .

Officer Urso could not provide any additional information reference this investigation.

A copy ofthe transcript will be provided as soon as it is transcribed.