1-4-14 downtown fdl shooting-criminal complaint

State of Wisconsin

Circuit Court

Fond du Lac County [County Name]

STATE OF WISCONSIN                             Plaintiff,         -VS- William D. Wilcox 311 West Division Street Fond du Lac, WI 54935 Alias:  [Defendant's Name, Address, Identifier and Demographic info]                                                      Defendant, [The word Defendant or Defendants]

DA Case No.: 2014FL000014 Assigned DA/ADA: Andrew J. Christenson Agency Case No.: 13-11850 Court Case No.: 2014CF000002 ATN:  [DACase #, Assigned DA/ADA, Agency Case #, Court Case #, ATN] Amended Criminal Complaint

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Captain Patrick McKeough, of the Fond du Lac Police Department [Primary Officer or Default Complainant, and Agency Name], being first duly sworn, states that:

Count 1: FIRST DEGREE RECKLESSLY ENDANGERING SAFETY

The above-named defendant on Saturday, December 28, 2013, in the City of Fond du Lac, Fond du Lac County, Wisconsin, did recklessly endanger the safety of JPG (d.o.b. 11/20/83), under circumstances which show utter disregard for human life, contrary to sec. 941.30(1), 939.50(3)(f) Wis. Stats., a Class F Felony, and upon conviction may be fined not more than Twenty Five Thousand Dollars ($25,000), or imprisoned not more than twelve (12) years and six (6) months, or both.

Count 2: FIRST DEGREE RECKLESSLY ENDANGERING SAFETY

The above-named defendant on Saturday, December 28, 2013, in the City of Fond du Lac, Fond du Lac County, Wisconsin, did recklessly endanger the safety of Jonathan Decker, under circumstances which show utter disregard for human life, contrary to sec. 941.30(1), 939.50(3)(f) Wis. Stats., a Class F Felony, and upon conviction may be fined not more than Twenty Five Thousand Dollars ($25,000), or imprisoned not more than twelve (12) years and six (6) months, or both. Count 3: INJURY BY NEGLIGENT USE OF A DANGEROUS WEAPON

The above-named defendant on Saturday, December 28, 2013, in the City of Fond du Lac, Fond du Lac County, Wisconsin, did cause bodily harm to JPG (d.o.b. 11/20/83), by the negligent use or handling of a dangerous weapon, contrary to sec. 940.24(1), 939.50(3)(i) Wis. Stats., a Class I Felony, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than three (3) years and six (6) months, or both.

Count 4: POSSESSION OF A FIREARM WHILE INTOXICATED

The above-named defendant on Saturday, December 28, 2013, in the City of Fond du Lac, Fond du Lac County, Wisconsin, did go armed with a firearm while he had a detectable amount of a restricted controlled substance in his blood, contrary to sec. 941.20(1)(bm), 939.51(3)(a) Wis. Stats., a Class A Misdemeanor, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than nine (9) months, or both.

Count 5: CARRYING A CONCEALED WEAPON

The above-named defendant on Saturday, December 28, 2013, in the City of Fond du Lac, Fond du Lac County, Wisconsin, not being a peace officer or other person defined in s. 941.23(2), did go armed with a concealed and dangerous weapon, a handgun, contrary to sec. 941.23(2), 939.51(3)(a) Wis. Stats., a Class A Misdemeanor, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than nine (9) months, or both. 

PROBABLE CAUSE:

Complainant is a captain with the City of Fond du Lac Police Department, and bases this complaint upon the reports and investigations of Officers Sprangers, Kollmann,       [Probable Cause section]Hardgrove, Martin, Hoefer, Brooks, and Detectives Mikulec, Primising, and Bobo, all of the City of Fond du Lac Police Department, as well as witness statements.

On December 28, 2013, at approximately 2:37 a.m., Officer Benjamin Hardgrove was parked on East First Street, in the City and County of Fond du Lac, Wisconsin, when he heard two pops, which he believed to be gunshots, in rapid succession, and then an additional two gunshots followed, approximately two to three seconds apart from each other.  Officers were advised by Captain Duveneck that gunshots were coming from near the Combined Building, located at 104 South Main Street.  Officer Hardgrove approached that area and observed a suspect walking north across West First Street, and a second suspect running in the same direction. 

Officer Hardgrove observed a third suspect, whom he observed to be an African American adult male, with long dreadlocks sprinting eastbound on the south sidewalk of West First Street, heading toward Main Street.  This third suspect was later identified as William D. Wilcox.

Officer Hardgrove stopped his squad car and drew his department-issued firearm, pointed it at Wilcox, and verbally ordered him to the ground.  Hardgrove noted that Wilcox refused to obey Hardgrove’s commands to get on the ground, and Wilcox was refusing to comply with the verbal directions Hardgrove was giving Wilcox.  Hardgrove was able to take Wilcox into custody, despite Wilcox being physically resistive and using tension as Officer Hardgrove attempted to place handcuffs on Wilcox and bring Wilcox to his feet.

During this time, Wilcox bOfficers learned from two witnesses that the shooting had occurred near the south entrance to the public Parking Lot Number 18, at West Second Street.  Officer Hardgrove responded to this location and located a spent handgun casing on the snow in the north side gutter and a live 380 round on the north sidewalk.  Officers began searching the area for a firearm that may have been used in the incident.  During this search, a plastic jar containing 26 individually wrapped baggies of a green, leafy substance, which was believed to be marijuana, was located.  Captain Duveneck also located a black Ruger LCP .380 handgun with a laser, lying in the snow on top of the west side of a flower pot. This flower pot was located on the south sidewalk of West First Street.  Officer Hardgrove noted that the only person who ran past the flower pot after emerging from the west side of the Combined Building would have been William Wilcox.  Officer Hardgrove retrieved squad video from Squad 170, and noted that squad video captured the flower pot as Hardgrove arrived, and confirms no other suspects, whom were detained, came close to the flower pot and had the ability to discard a firearm at this location.

Officer Brooks proceeded to put William Wilcox in his squad car.  Wilcox informed Brooks that he had been punched in the eye and was experiencing dizziness and stated that he needed an ambulance.  While Brooks was monitoring Wilcox, it appeared that Wilcox was having some kind of convulsion and was having difficulty breathing.  Brooks noted that Wilcox appeared to be getting worse, and told Brooks to hit him in the chest.  Wilcox also stated that he only had one lung, and that he needed to be hit in the chest to help him.  Brooks stated that he then saw Wilcox’s eyes turning backward and Wilcox also had spit by his mouth, and appeared to be having a convulsion.  Brooks noted that ambulance personnel responded to the scene and handcuffs were removed to assist with treatment. Wilcox was then taken to Saint Agnes Hospital.

Once inside the hospital, Brooks heard Wilcox stating that “They were shooting at me,” “They were shooting at me,” and “They were trying to kill me.”  Medical staff informed Officer Brooks that Wilcox did not have anything wrong with him, and Brooks asked if the episodes were some type of scam and hospital staff informed Brooks that yes, it was.  Brooks was also told by hospital staff that Wilcox had two functioning lungs; Brooks also learned that Wilcox had given hospital staff the name of Deon Williams.  Wilcox was then transferred to the City of Fond du Lac Police Department. egan yelling that he was shot by a white male; Officer Hardgrove did not note any signs that Wilcox has been shot.  Detective Primising interviewed William Wilcox.  Wilcox stated that after exiting a bar near Main Street, a blonde female was outside and there were four white males near her and a verbal altercation between Wilcox’s group and the group of white males ensued.  Wilcox stated that one of the male parties pulled out a handgun and pointed it at him.  Wilcox stated he then wrestled this individual to the ground and the gun fell to the ground and Wilcox took off running, and stated he heard several shots and thought that he was being shot at.  At this point, Wilcox never stated that he had a gun on him prior to the shooting, or that he had actually shot a gun and insisted that he was being shot at.  During the interview, Wilcox claimed that he was being detained because he was black and for no other reason.

Wilcox also informed Detective Primising that he had been hit in the head, and kicked in the right hip and thigh area.  Detective Primising checked Williams’ head where he claimed to have been hit, and was unable to note any signs of injury.  Detective Primising also heard Wilcox state that at some point he may have had a gun on his person, but then changed his story and again said that he never had a gun, and never fired a firearm. 

Detective Primising interviewed a witness on North Seymour Street, and this witness stated that William Wilcox had pulled out a gun and fired it several times.  This witness stated that the white males were following Wilcox and the situation escalated after Wilcox pulled the gun.  This witness stated that Wilcox had been firing the firearm in the direction of the white males, but did not know if Wilcox was aiming at them or not.  Detective Primising also learned that of the three to four shots that were fired by Wilcox, one of them had struck a victim, JPG, DOB 11/20/83.

Officer Sprangers took a statement from JPG, who stated that on December 28, 2013, at approximately 2:30 a.m., he left the Main Pub to walk home, and as he reached the corner of Main Street and Second Street, he heard a commotion of people yelling and he saw a black male crossing Main Street, toward West Second Street, and two black males behind, crossing on Main Street, with one of them yelling at the others, “Let’s go!”  JPG also saw two white males, who were walking behind the three black males, and heard one of the white males stating, “Are you really going to do this? Are you serious?”  JPG then saw a laser pointer pointed at the males.  JPG then stated that as he crossed the northeast corner of Second Street and Main Street, he heard one gunshot, and he knew that it was a gunshot, because he shoots guns for a hobby.  JPG stated that he did not see anyone shoot, but that he then continued to walk and about five seconds later, he heard another shot and felt pain in his groin area.  He immediately grabbed that area and was scared to look, but did check the area, as he pulled his shirt up, he saw some bruising and his belt buckle fell off, along with a bullet casing, on the sidewalk, near Pockets.  JPG stated that the shot caused him pain and he did not give anyone permission to shoot at him.Detective Bobo made contact with a witness, Jonathan Decker, who informed Bobo that on December 28, 2013, he had been walking in a back alley and talking with people, and he remembered one of the black males asking if a girl was with any of the guys in that area.  Decker stated that he tried to re-direct the conversation to something else, and at one point, the conversation turned more hostile and snippy, and Decker saw a red laser dot moving around the center of his friend’s face, and began looking around and he found where the laser was coming from, and one of the black males, who had a Ford Facing flat brim baseball cap and gold grill teeth, with two teardrops under his right eye corner, and long braids or dreads, was holding the gun in his right hand, with a laser on it.  Decker described the gun as a smaller, fit in your palm-type firearm, possibly silver and black, with a laser on the handgun.

Decker stated that as they continued arguing, a black male again pulled the gun out and held it in front of him at about chest level and pointed it at both Decker and his friend, threatening them. 

Decker stated that both he and his friend continued walking toward the males and confronted them about one of them actually pulling the handgun on them.  Decker stated that while he and his friend were on the east side of Main Street, still on East Second Street, the male with the dreads turned around and Jonathan heard a pop; Decker stated that it sounded more like a firecracker, and they continued to follow the individuals and once the group got to the parking lot area, he again saw the same male turn around toward Decker and his friend and the firearm was pointed at them and saw a  muzzle flash and heard another pop.  Decker stated that he and his friend continued to run after these individuals and thought they the individual fired another shot at them while they were in the back parking lot.  Decker stated at first he did not believe the firearm was real, but realized it was real, once he saw the muzzle flash go off.

Based on the foregoing, the complainant believes this complaint to be true and correct.

Subscribed and sworn to before me,

and approved for filing on: