STATE OF WISCONSIN CIRCUIT COURT MILWAUKEE COUNTY

STATE OF WISCONSIN DA Case No.: 2019ML006272

Plaintiff, Court Case No.:

vs.
CRIMINAL COMPLAINT
PAYNE, IRIE T JR
4160 NORTH 61ST STREET
MILWAUKEE, WI 53216
DOB: 07/16/1988

Defendant(s). For Official Use

THE BELOW NAMED COMPLAINANT BEING DULY SWORN, ON INFORMATION AND BELIEF
STATES THAT:

Count 1: SECOND DEGREE RECKLESSLY ENDANGERING SAFETY

The above-named defendant on or about Tuesday, March 19, 2019, at 2400 East Kenwood Boulevard,
in the City of Milwaukee, Milwaukee County, Wisconsin, did recklessly endanger the safety of BCS and
BPL, contrary to sec. 941.30(2), 939.50(3)(g) Wis. Stats.

Upon conviction for this offense, a Class G Felony, the defendant may be fined not more than Twenty
Five Thousand Dollars ($25,000), or imprisoned not more than ten (10) years, or both.

Count 2: RESISTING AN OFFICER CAUSING SUBSTANTIAL BODILY HARM TO OFFICER

The above-named defendant on or about Tuesday, March 19, 2019, at 2400 East Kenwood Boulevard,
in the City of Milwaukee, Milwaukee County, Wisconsin, did cause substantial bodily harm to an officer
while knowingly resisting the officer, while such officer was doing an act in an official capacity and with
lawful authority, contrary to sec. 946.41(2r), 939.50(3)(h) Wis. Stats.

Upon conviction for this offense, a Class H Felony, the defendant may be fined not more than Ten
Thousand Dollars ($10,000), or imprisoned not more than six (6) years, or both.

Count 3: BAIL JUMPING (FELONY)

The above-named defendant on or about Tuesday, March 19, 2019, at 2400 East Kenwood Boulevard,
in the City of Milwaukee, Milwaukee County, Wisconsin, having been charged with a felony and
released from custody under Chapter 969 of the Wisconsin Statutes, did intentionally fail to comply with
the terms of his bond, contrary to sec. 946.49(1)(b), 939.50(3)(h) Wis. Stats.

Upon conviction for this offense, a Class H Felony, the defendant may be fined not more than Ten
Thousand Dollars ($10,000), or imprisoned not more than six (6) years, or both.

Count 4: CARRYING A CONCEALED WEAPON

The above-named defendant on or about Tuesday, March 19, 2019, at 2400 East Kenwood Boulevard,
in the City of Milwaukee, Milwaukee County, Wisconsin, not being a peace officer or other person
defined in s. 941.23(2), did go armed with a concealed and dangerous weapon, Smith and Wesson
semi-automatic pistol, contrary to sec. 941.23(2), 939.51(3)(a) Wis. Stats.
Irie T Payne Jr, DOB: 07/16/1988 Page | 2

Upon conviction for this offense, a Class A Misdemeanor, the defendant may be fined not more than
Ten Thousand Dollars ($10,000), or imprisoned not more than nine (9) months, or both.

Probable Cause:
I am a University of Wisconsin-Milwaukee Police Officer and base this complaint upon other Milwaukee
County Law Enforcement officer’s reports which I have reviewed in the past and found to be truthful
and reliable. Said reports indicate the following:

On or about Tuesday, March 19, 2019, at 2400 East Kenwood Boulevard, in the City of Milwaukee,
Milwaukee County, Wisconsin, UWM police officers received a call for service to that location, the Fine
Arts Theater building, due to a male found sleeping in the basement. At this time, the building was
closed to the public. Sgt. LaChapelle and Lt. Switala responded to that location, wearing their official
uniforms, and located the suspect. The suspect was identified as the above named defendant, Irie
Payne. Payne admitted he had been sleeping in the building. Payne was resistant about identifying
himself initially but did provide a WI ID card. Dispatch notified the officers that UWM Police had contact
with Payne in 2018 for the same circumstances.

While Lt. Switala was talking to Payne, Sgt. LaChapelle discovered that the defendant had a sheathed
machete, a sheathed hatchet, a pack of zip ties, a paintball-style mask and a box of ammunition in his
backpack.

Sgt. LaChapelle asked Payne if he had a weapon on him and commanded Payne to take his hands out
of his pockets twice. Payne immediately turned to his right and began to run toward the loading dock
area, in an attempt to flee from the officers. Lt. Switala was able to grab Payne’s left arm as he was
running. Payne continued to pull away from Lt. Switala. Lt. Switala was able to latch onto Payne from
behind similar to a ‘bear hug’. Payne was actively attempting to break Lt. Switala’s hold. Payne’s right
hand then began reaching into his pocket as if he was trying to retrieve something but it was stuck. Lt.
Switala believed Payne may be reaching to retrieve a firearm.

Sgt. LaChapelle observed Payne retrieve a firearm with his right hand with the muzzle pointed up near
his head as well as the head of Lt. Switala, as they were in close proximity at this time. Sgt. LaChapelle
recognized the immediate threat and fearing that Payne would use the firearm, Sgt. LaChapelle
discharged his firearm striking Payne. After being shot, Payne fell to the ground and the firearm he was
holding was knocked away from him by Lt. Switala. While on the ground Payne continued to actively
resist Lt. Switala. Sgt. LaChapelle was able to retrieve the firearm Payne had and place it out of the
way. Both officers continued to give Payne commands in order to gain control of him. Payne continued
to actively struggle and resist. Payne was able to get up to his feet as Lt. Switala fell off of him. Payne
began to walk toward Sgt. LaChapelle despite multiple commands to stop. Sgt. LaChapelle then utilized
his electronic control weapons on Payne, however Payne continued to move toward the officers in an
aggressive manner. Payne was then taken down to the ground after a drive stun was conducted and
was taken into custody. Medical personal were summoned to treat the defendant and the officers.

The handgun recovered from Payne was a Smith & Wesson M&P Semi-Automatic Pistol, which was
reported stolen out of Wauwatosa in November of 2018. Both officers were conveyed to Froedtert
Hospital. Lt. Switala was diagnosed with a concussion due to the struggle with Payne. Payne was also
transported to Froedtert Hospital for medical treatment.

This complaint is also based upon my examination of electronic Circuit Court Access Program (CCAP)
records of the official Milwaukee County Circuit Court file in Case#17CF5876 in which the defendant
was charged with the felony offenses of Fleeing/Eluding an Officer, 2 nd Degree Recklessly
Endangering Safety, Resisting/Obstructing an Officer and Carrying a Concealed Weapon, in violation of
Irie T Payne Jr, DOB: 07/16/1988 Page | 3

Wisconsin Statutes sections 346.04(3), 941.30(2), 946.41(1) and 941.23(2). That file further reflects
that the defendant was released from custody in that case under the provisions of Wisconsin Statutes
Chapter 969. Further, the complainant knows that, pursuant to section 969.02(4), Wis. Stats., as a
condition of release in all cases, a person released under Chapter 969 shall not commit any crime.

This complaint is further based upon information below, that on the above date, at the above place, the
defendant intentionally acted in direct violation of the terms of his bond as recited above. Said file
further reflects, that the above conditions of bond were in effect at the time of the offense. Certified
copies of the file have been ordered and can be attached to the complaint and incorporated by
reference upon receipt.

****End of Complaint****

Electronic Filing Notice:

This case was electronically filed with the Milwaukee County Clerk of Circuit Court office. The electronic filing system is
designed to allow for fast, reliable exchange of documents in court cases. Parties who register as electronic parties can file,
receive and view documents online through the court electronic filing website. A document filed electronically has the same
legal effect as a document filed by traditional means. You may also register as an electronic party by following the instructions
found at http://efiling.wicourts.gov/ and may withdraw as an electronic party at any time. There is a $ 20.00 fee to register as
an electronic party. If you are not represented by an attorney and would like to register an electronic party, you will need to
contact the Clerk of Circuit Court office at 414-278-4120. Unless you register as an electronic party, you will be served with
traditional paper documents by other parties and by the court. You must file and serve traditional paper documents.

Criminal Complaint prepared by Jessica Bellows.

Subscribed and sworn to before me on 04/11/19 Electronically Signed By:
Electronically Signed By: Lt. Joseph Souther
Jessica Bellows Complainant
Assistant District Attorney
State Bar #: 1050417