MPD Complete Investigation of Officer Heimsness 2006

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
Requestor's Name _-cDY-'-'e .. ____ DOB _____ _
CompanyName __ ____ =-________________________ ___
Address 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
[6- Release Date E/O/;a
_Charge _Cash _Mall _Pickup
Pages COPled_--55-"o,--,@2Sperpage
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 ______ _
$ =750
L
$
$_----
$,-----
$,-----
$,-----
$,------
$,----
Employee filling request ________ Date _______ _
MPD CASE NUMBER f') b - I:,?f 2..0 10
211 S CARROLL ST
MADISON WI S3703
RECORD REQUEST
_Walk In _Phone
Date of Request
Requestor's Name
_Mall _Faxed

CompanyName __ __ ________________________ _
Address 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
[6- Release Date E/O/;a
__ Charge _Cash _Mall _Pickup
Pages copled,_---55r"o'---@2Sperpage
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 _______ _
$ =750
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
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
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
Date of Report 12/29/2006 Case No 2006 154206 Onglnal
Ref No
Occurred InCident 98 911 Disconnect SeclArea 403 CENTRAL
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)
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
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 tie 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
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 tie 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
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
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
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
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
Addr of Occurrence
Call DatelTlme
Dispatch DatelTlme
Reporting Officer
SpeCial Routing
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
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
Date of Report
Occurred Incident
Dispatched as
12/29/2006
98 911 Disconnect
98 911 Disconnect
Case No
Ref No
Sec/Area
Grid
403 CENTRAL
STATELANGD
Case Offense ARRESTED PERSON /2ND DEGREE RECKLESSLY ENDANGERING
SAFETY
Addr of Occurrence
Call DatelTlme
Dispatch DatelTlme
Reporting Officer
SpeCial Routing
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
HOWIDD
STATUS
ARRESTED
VICTIM
1032 N HIGHPOINT RD 7726248
WI PHOTO 10
DCJ
12/29106 AT 2 04 AM
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
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
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
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
PO COREY URSO
NFNdla
Date of Report
Occurred Incident
Dispatched as
Case Offense
Addr of Occurrence
Call DatelTlme
Dispatch DateiTIme
Reporting Officer
Special Routing
WITNESS
EMPLOYER
1213012006
98 911 Disconnect
98 911 Disconnect
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
403 CENTRAL
STATELANGD
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
Occurred Incident
Dispatched as
Case Offense
Addr of Occurrence
Call DatelTlme
Dispatch DateiTIme
Reporting Officer
Special Routing
WITNESS
EMPLOYER
1213012006
98 911 Disconnect
98 911 Disconnect
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
403 CENTRAL
STATELANGD
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
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
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
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
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
PO RYAN ORVIS
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
PO RYAN ORVIS
Date of Report
Occurred Incident
Dispatched as
1/212007
98 911 Disconnect
98 911 Disconnect
Case No
Ref No
Sec/Area
Grid
2006154206 Supplement
403 CENTRAL
STATELANGD
Case Offense ARR PERSON/2
ND
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
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
Date of Report
Occurred Incident
Dispatched as
1/212007
98 911 Disconnect
98 911 Disconnect
Case No
Ref No
Sec/Area
Grid
2006154206 Supplement
403 CENTRAL
STATELANGD
Case Offense ARR PERSON/2
ND
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
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
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
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
MfW DOB 05/08/1983 (23 yrs) Height 510 Weight 150
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
Ref No
Occurred Incident 98 911 Disconnect SeclArea 403 CENTRAL
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
MfW DOB 05/08/1983 (23 yrs) Height 510 Weight 150
STATUS DCJ
ARRESTED 12/29/06204 AM
VICTIM
EMPLOYER
WITNESS
EMPLOYER
WITNESS
EMPLOYER
WITNESS
EMPLOYER
WITNESS
EMPLOYER
WITNESS
GARETT R ALEXANDER
MIB DOB #' (23 n!iljjm _
.......
Sl1ct'ESTREET
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)
iRliiitWfWiiMIiitM
STATE REETBRATS ASSISTANT MANAGER
MATTHEWT GOETSCH
MNV DOB iiIiWiiiii!I!ii(29 yrs)
'<110 ilIl at-
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
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 ~ I S ~ T ~ A ~ N ~ T ~ ~ ~ ~ m I
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
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
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
Ref No
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
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
Ref No
Grid STATELANGD
Case Offense
Addr of Occurrence
Call DatelTlme
Dispatch Date/Time
Reporting Officer
Special Routing
603 State St
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
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
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
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
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
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
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
OET GREGORY SESSER
Case # 154206 OET GREGORY SESSER 2779 Page 30f3
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
OET GREGORY SESSER
Date of Report
Occurred Incident
Dispatched as
Case Offense
Addr of Occurrence
Call DateITrme
Dispatch DateITrme
Reportmg Officer
Special Routing
1/4/2007
98 911 Disconnect
98 911 Disconnect
Case No
Ref No
Sec/Area
Grrd
Arrested Person Substantial Battery
603 State St
403 CENTRAL
STATELANGD
12/29/2006 01 59 From DateITrme
12/29/2006 01 59 Thru DateITrme
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
DEl GREGORY SESSER
Date of Report
Occurred Incident
Dispatched as
Case Offense
Addr of Occurrence
Call DateITrme
Dispatch DateITrme
Reportmg Officer
Special Routing
1/4/2007
98 911 Disconnect
98 911 Disconnect
Case No
Ref No
Sec/Area
Grrd
Arrested Person Substantial Battery
603 State St
403 CENTRAL
STATELANGD
12/29/2006 01 59 From DateITrme
12/29/2006 01 59 Thru DateITrme
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
Ref No
Gnd STATELANGD
Case Offense
Addr of Occurrence
Call DatelTlme
Dispatch DatelTlme
Reporting Officer
Special Routing
603 State St
12/29/2006 01 59 From DatelTlme
12/29/2006 01 59 Thru DateiTIme
HairColor BRO EyeColor HAZ
STATUS DCJ ARRESTED 12/29/06 AT 2 04 AM
VICTIM
EMPLOYER
WITNESS
STATUS
WITNESS
SCHOOL
STATUS
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
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
Ref No
Gnd STATELANGD
Case Offense
Addr of Occurrence
Call DatelTlme
Dispatch DatelTlme
Reporting Officer
Special Routing
603 State St
12/29/2006 01 59 From DatelTlme
12/29/2006 01 59 Thru DateiTIme
HairColor BRO EyeColor HAZ
STATUS DCJ ARRESTED 12/29/06 AT 2 04 AM
VICTIM
EMPLOYER
WITNESS
STATUS
WITNESS
SCHOOL
STATUS
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
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
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
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
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
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
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
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
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
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
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
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 Reportflmc
Reporting Officer
=====-;:::-;:== ____ 10 2779
OET GREGORY SESSER
Case# 154206 OET GREGORY SESSER 2779 Page 3 of 3
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 Reportflmc
Reporting Officer 10 2779
OET GREGORY SESSER
..
j State of WisconsIn Dane County
Probable Cause AffidaVlt and JudlClal DetermmatlOn
Arrested Person __ E __ 6_!1_'_ft:_rz ______________ 'd 0 b s/[/B 5
How Identified Verbally __ WI D L __ Other(speclfy) (""'.7 //1--;"-0..) -:; I:.
AgencyCaseNo Date of Arrest It/'Z1joG TlmeofArresl;1 '-I G.'pm-
ArrestmgOfficer p", s-. .. V& lit. r? DepartmentC,.,,"/,c /?'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 '" i?ACf- (Yl'il',-R
r =>l1Irr! 1/ ,
3 ________________ 4 I
7
'/IV
Summary Statement of Probable
Statute"
",<Ie til ('I)
I l/
( Y u s tnmIJT)' must havlenu: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.
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7' MilA/! '" ,e,rAt- ICN tlf'- .; till liZ III ::; ..... /;:- ,1;/" AWII/ Pr tl.Jj'p f
I
fj-T'J-I b -", (, I t>,v (PI ('"Pc< '" I.l Asee attached mfonnatlon
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' ULL--1i CA f Date Ii l4ttxPlratlon 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
..
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 Date of Arrest It/'Z1joG TlmeofArresl;1 '-I G.'pm-
ArrestmgOfficer p", s-. .. V& lit. r? DepartmentC,.,,"/,c /?'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 '" i?AC,- (Yl'il',-R
r =>l1Irr! 1/ ,
3 ________________ 4 I
7
'/IV
Summary Statement of Probable
Statute"
",<Ie til ('I)
I l/
( Y u s tnmIJT)' must havlenu: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 (;IU- &11-,111 S-d;/tF 1;,< .. 1,;-,2111 f5'CJlJVI/fI.ll..l'< /ME' 6/1 0'<-
r if - J:
'-lit/I! .. 1-'1# fly' pr "'All" ( It;. If <>,u'" ;/, /)/IJ1"6LA'.f r;lllr "" ( "".- ,:1",-;: --.;,
/.>;2. Ad' j fl'f,t'IJl-f ;1 (' (-1 11--11/)1 t r (LP, 1'-4 r,lul1t.. C!kN Pr (I/r 1:1 /I v" ,.
I /1"1I(fU' lit? ilfo p",... (,fr; -... t Of".. //.7",,- t- 8114'
I
7' MilA/! '" ,e,rAt- ICN tlf'- .; till liZ III ::; ..... /;:- ,1;/" AWII/ Pr tl.Jj'p f
I
fj-T'J-I b -", (, 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' ULL--1i CA f Date Ii l4ttxPlratlon 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? 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
,
\
\
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\
\
I
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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
STATE OF\vrSCONSIN
Siale of W,sconsIn
vs
:/11 (",g i? 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
I
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!
1
..
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
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!
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
PERMANENT
-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.

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 longlenn storage)
o Biological Evidence (Move to longtenn storage)
OfficernBM' _________ _ Clerk. __________ _
Datemme' ______
(Drug Evidence, US Currency Greater than $100.00. Functional Firearms, Items Valued at $1000.00 or More)
#
Tag II(s) _____________ _
___________________________________ _
Reason' ____________________________________ _
OffJcers Signature & IBM '
Released Byl _____________ _
Date &
____________ _
Dale &
Returned By' _____________ _ Date & TIme' _____________ _
311912010-8$51 Property release,doc
TEMPORARY
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
PERMANENT
-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), _____________ _
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 longtenn storage)
o Biological Evidence (Move to longtenn 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
PROPERTY ROOM RELEASE/RECEIPT/DISPO&ITION
TEMPORARY
1. UnderCase#' ______ _ I VIEWEOTag #(s) __________________ _
OfficernBM Clerk __________ _ DalelTime _______ _
2. Under Case # 06154206 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 M DatelTime 811912010
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) ______________ _
Tag #(5) ______________ _
Tag #(5)-;-___ -.,-"----,,,--_______ _
for permanent disposition.
Is/are turned over to ___________________ _
OfficerIlBM _________ _ Clerk, __________ _ DalelTime, ________ _
OTHER INSTRUCTIONS
Caoe# _____________ _
Tag #(o), _________________ lslare being relained
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/1912010Property Room Reloaso Recpl Disp 041509.doe
I
..s
8
r4
PROPERTY ROOM RELEASE/RECEIPT/DISPO&ITION
TEMPORARY
1. Under Case #'---_____ _
I VIEWEOTag #(s) __________________ _
OfficernBM Clerk __________ _ DalelTime' _______ _
2. Under Case # 06154206 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 M DatelTime 811912010
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) ______________ _
Tag #(5) ______________ _
Tag #(5)-".-,----,,-,-:-:--:-:-:=--:::----____ _
for permanent disposition.
Is/are turned over to _____________ _
OfficerIlBM, _________ _ Clerk __________ _ DalelTime _______ _
OTHER INSTRUCTIONS
Caoe# ___________ _
Tag #(o) ________________ lslare being relained
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/1912010Property 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 ,
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 ,
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.
September 23, 2010
PO Steve Helmsness
Dear Officer Helmsness,
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 above-
identified requestors and to any other persons or entities which makes a request for these records.
Sincerely,
t ~ J / j 1 J c
Carl Gloede
Executive Captain of Support
Madison Police Department/ 211 S. Carroll St/ Madison WI 53703
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 above-
identified requestors and to any other persons or entities which makes a request for these records.
Sincerely,
t ~ J / j 1 J c
Carl Gloede
Executive Captain of Support
Madison Police Department/ 211 S. Carroll St/ Madison WI 53703
I
! .
, .
, "
" ... . ..... ,', - -. - . ..... ':,,',
,
"
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OmnCERCONDUCTREPORTINGFORM
.ReceivIng
Received: ______ Roooived by: ___ '_'_'_
How R"""ived: OPl,one !8J In-l'orson' 0 Other: _ -'-_ _ _____ _
I
'Reporting Person
Name: . Elissa J, Parker
Address:
City: __ -,-,-__ -,-_---= Slate: Wi. Zip: . ____ _
II:
l.l-ulIiil:
,
Check: o Aggrieved Party !8J Witnilss to Incident o OUler:
Involved MPD Personnel and
Office!{s) Nrune and/or Officers Heimsncss, Urso and Cate Leero'k
MPD Case Number if Available: _ _ _ ___ --, ______ _
Date and Approximate rime ____________ _
Location: 603 State (Statc StreetBrnts)
Allegntion(s): Excessive use offoree
Narl'nfivc:
On 12-3006 @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 "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 __
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 nnd'neck with his foot ,
numerous liqles." ParKer stnted y;hilol;lauer was on the floor, sho observed his face covered Witll blood.
the to "stoJ> and proceeded to 0011911. ' , .
" . .:1" / . '" . .' I ..
VIS . __
, It!f.'t,W.ll\ tei tho hend." Parker contiJiued to label tho incident )'iauer
" '1todneylGhg';'cRSe. . " " . J , ' 'f:;;' \ (,
. .. .. j ' . '" '. ' . '
. ' ,", " . . .
I
i .
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,
.Madison Police Depal'lmcnt
mrrCERCONDUCTREPORTINGFORM
.Receiving
,
".
,.
______ Roooived by: ___ '___
How Received: OPllone
181 m-Porson' 0 Othcr: _-'-_ _ _____ _
I
'Reportlng Persoll
Name: . Elissa J. Parkcr
Address:
City: __ __ -'._-= Slate: Wi . Zip: _-----
H:
l.l-moil:
,
Check: o Aggrieved Party 181 Wilness to Incident
o OOler: ______ _
Involved MPD Personnel and Allegation
Officer(s) Namo and/or Officers Heimsness
l
Urso and Cate Leerek
MPD ens. Number if Availab)o: ___ ___ -, ______ _
Date and Approximate rime ofIncident: ___________ _
Location: 603 State (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 "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, __ _
w/Baue,. Sho sf\\ted. one 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 and'neck with his foot .
numerous fiqles." ParKer stnted Y/hilel)auer was on the floor, .be observed his face covered Witll blood . ..
She {"eHedal the officel'\l to "stop and proceeded to call 911. . . .
_--'-___ ...:, . ,:: ')1:., . ':.., .. , . '.. . . . '. J I,: '
.' ----__
.. ,; t:!iiS,'&ml\ to the head. n Parker continued to label the melden! betw'l6n !'ialler
" lGhg,i' case. . .' " . ),' .
. ':1. J . j. . , ....',:'
. , ,. , ... . .
;- I-
..
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OFFICER CONDUCT 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 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 tltis inoident In the 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
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
, .
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 ___ --:
..
;- I-
..
_I
OFFICER CONDUCT 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 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 tltis inoident In the futuro.
I also spoke to Manager Nathan A. Quelle, m/w,
-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
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
, .
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 ___ --:
..
...... " , ... ,--' .. --_ .. -.
,',-'" "'(
, '
',--_.- ... ,'.-... ,.
Network Bliti Page I 011
I '
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 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 suQject who had hit andther male subject In the head with a glass and
had refused to be taken into custody, I also 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 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 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 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 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 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 "
CrlIriinal Inte!]lgeiIce Section
211 S Carroll St
Madison, WI 53703
Office: 608-266-5951"
Fax: 267-8648
Email: asqhwart:?@cityormadi'son com'

...... " , ... ,--' .. --_ .. -.
,',-'" "'(
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',--_.- ... ,'.-... ,.
Network Bliti Page I 011
I '
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 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 suQject who had hit andther male subject In the head with a glass and
had refused to be taken into custody, I also 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 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 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 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 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 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 "
CrlIriinal Inte!]lgeiIce Section
211 S Carroll St
Madison, WI 53703
Office: 608-266-5951"
Fax: 267-8648
Email: asqhwart:?@cityormadi'son com'

,
\"
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.
02JloIJOOF:;\Cltlloc1\POL1CIN'Sll'lOO1v)10IMmn.tlM
,
\"
TO:
FROM:
SUBJECT:
CITY OF MADISON
INTER-DEPARTMENTAL
CORRESPONDENCE
DATE: February 14,2007
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.
02JloIJOOF:;\Cltlloc1\POL1CIN'Sll'lOO1v)10IMmn.tlM
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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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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.
rofl4t01-F:\CnUocs\POUCE\PSUUOO7lmOIMclm.t.Io.:
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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 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. 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. 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 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.
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February 14, 2007
Page 4
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."
February 14, 2007
Page 4
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.
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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February 14, 2007
Page 6
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 back and tllat he wasn't complying. He also 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,' Iasked 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 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."

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February 14, 2007
Page 6
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 back and tllat he wasn't complying. He also 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,' Iasked 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 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."

February 14, 2007
Page 7
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
February 14, 2007
Page 7
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
.
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 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?

.
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 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?

February 14, 2007
Page9
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?
OYI4.i!l1F;\Crn!<H;5\POLICEWSU\'l:0011070IMmo.doc:
February 14, 2007
Page9
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?
OYI4.i!l1F;\Crn!<H;5\POLICEWSU\'l:0011070IMmo.doc:
February 14,2007
Page 10
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?
02l1.wtF;\ClrdMs\POLlCIN'
February 14,2007
Page 10
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?
02l1.wtF;\ClrdMs\POLlCIN'
I
I
!
February 14, 2007
Page 11
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
QUESTION: Could he have been injured when he ran into the door?
ANSWER: "He cOllld have been but itprobably 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 twobars."
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 hejllsLwolildn't" __ _
QUESTION: I asked him how they got him to the ground.
. .ro.:
]
"
February 14, 2007
Page 11
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 d o w n . ~ '
QUESTION: Could he have been injured when he ran into the door?
ANSWER: "He could have been but itprobably 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 twobars."
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
I
i
February 14, 2007
Page 11
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."
I
I
i
February 14, 2007
Page 11
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."
February 14, 2007
Page 13
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
I c_ouldn'ueILwhere_this_guy was_bleeding." __
i

QUESTION: Who witnessed the incident besides Max and Elissa?
om <f01F,'O rrJ. 1\J'()L!CF.\J'S lJ\2OO1\01O I MHTn.oJoc:
February 14, 2007
Page 13
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
~ . _. ~ ~ _ f t Q m b.ecause I c_ouldn't tell where. this. guy was.bleeding."
I
QUESTION: Who witnessed the incident besides Max and Elissa?
0211 (If'J1F.\Orrj.1\POUCF.\PS U\20011070 I Mmn.oJoc:
,
February 14, 2007
Page 14
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'.0101 Mc/TO_do<:
,
February 14, 2007
Page 14
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'.0101 Mc/TO_do<:
February 14, 2007
Page 15
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 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."

February 14, 2007
Page 15
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 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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February 14,2007
Page 16
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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February 14,2007
Page 16
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 noi se that you described, was that after he got kicked or hit in the head?

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February 14, 2007
Page 17
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 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 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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February 14, 2007
Page 17
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 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 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."

February 14,2007
Page 18
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."
February 14,2007
Page 18
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."
February 14, 2007
Page 19
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.
February 14, 2007
Page 19
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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February 14. 2007
Page 20
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 h a p p ~ n e d 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 resisting 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 include 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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February 14,2007
Page 20
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 h a p p ~ n e d 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 isyelling "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
February 14,2007
Page 21
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. B a l ! ~ 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 totake 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.
February 14,2007
Page 21
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. B a l ! ~ 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 totake 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.

, ,
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 severi ty 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
February 14, 2007
Page 23
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\2001YJ101"knndoo
.
"
,
I
February 14, 2007
Page 23
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\2001YJ101"knndoo
TO:
FROM:
DATE:
RE:
I
MEMORANDUM
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 a t h l ~ t e at the University of
TO:
FROM:
DATE:
RE:
I
MEMORANDUM
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 a t h l ~ t e 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 fiom 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 __
subject in the upper torso area. It should be noted that Mr. Alexander was at the bar observing this as
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 fiom 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 __
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 _________ _
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 ________ _
Various
February 26, 2007
Page 4
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.
Various
February 26, 2007
Page 4
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;
MEMORANDUM
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 ScottPavour.
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.
TO;
PROM;
RE;
DATE;
MEMORANDUM
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 ScottPavour.
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.

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