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MPD Complete Investigation of Officer Heimsness Shooting of Paul Heenan 2012

MPD Complete Investigation of Officer Heimsness Shooting of Paul Heenan 2012

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The complete investigation by the Madison Police Department into the Nov. 9, 2012 shooting of Paul Heenan by Officer Stephen Heimsness.
The complete investigation by the Madison Police Department into the Nov. 9, 2012 shooting of Paul Heenan by Officer Stephen Heimsness.

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PO HEIMSNESS MPD Case 12-320242

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Case 06-154206 Original Reports

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Report 1
MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as: 11/9/2012 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: DEATH INVESTIGATION Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/2012 06:02 Reporting Officer: DET TRACIE A JOKALA 3234 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

Attached: Telestaff Roster for 11/8/12 - 11/9/12 for MAPD 4th and 5 th DetailS; MAPD Lab Request for squad video; Photocopy of Dane County 911 Roster of squad assignments for MAPD 11/8/1211/9/12 4th and 5th Details (Dane County 911 retained original). NARRATIVE: On 11/9/12, at 1:30pm, I arrived at the central command post for this investigation. I was asked by Det. Michelle Riesterer to ascertain which squads were on scene at this incident, particularly prior to scene stabilization. I obtained the attached Telestaff roster, and also reviewed the New World listing of unit arrival times and clear times. I contacted Dane County 911 at the 911 call center, specifically Dispatcher Robert Hughes. Hughes showed me the original COjjy of the squad assignment list. I photocopied this and attached it to this report. Based on the aforementioned documents and my knowledge of who was on scene, I requested the squad footage for: Sgt Karen Krahn - 451 Sgt Galen Wiering - 389 Sgt Anthony Fiore - 504 PO Chad Crose and PO Jodi McGill - 320 PO Carrie Hemming-Cotter - C413 PO Tyler Grigg - C443 PO Bernard Albright - C463 PO Stacy Troumbly - C411 PO Sonny Martinez and PO Kathryn Cherne - C520 PO David Mertz - C366 PO Nathaniel Lujan - C414 PO Zulma Franco - C409 PO Stephen Heimsness - C367 PO Sarah Boespflug - N420 PO Dan Frei - N418 PO Jacob Conrad - N526 K9 PO Jeffrey Felt - 438 An addition supplement report will be completed upon receipt and property tagging of this evidence.

01/09/2013

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End of report.

Supervisory Officer:

I.D.: _ __

Reporting Officer: DET TRACIE A JOKALA

I.D.: 3234

01/09/2013

5

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Requesting squad video pertinent to emergency response to 513 S Baldwin,, dispatched at ,2:46am. There is an attachment to this request the Telestaff roster for 4th and 5th details on the il~~~"~:~. Ie vening of 11/8/12 into 11/9/12. Squad footage needed Includes: 451, 389, 504, 320, C413, C443, C463, C411, C520, C366, C414, C409, C367, N420, N418, N526, 438.
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01/09/2013

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Report 2

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as: 11/9/2012 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/2012 02:46 Dispatch Date/Time: 11/09/2012 06:02 Reporting Officer: DET DENISE E ARMSTRONG 2601 Special Routing:

From Date/Time: Thru Date/Time: Report sent:

TRANSCRIPTION OF 911 CALL: 911 Female 911 Female 911 Female 911 Female 911 Female 911 Female 911 Female 911, what's the address of the emergency? 513 South Baldwin. Is that a house or an apartment? House. Can you repeat the address to me so I have it right? 5-1-3 south Baldwin. And that's the City of Madison? Yes. And whai!ii's number you're calling from? the hone Um,608 And wha s your name? Megan O'Malley. Tell me exactly what happened? Um, I just, I left the key in the door from walking the dog, and we just heard barking and then we just heard someone enter my house, and my husband just went downstairs. Somebody went into your house? Someone was coming into the house, and my husband just went downstairs, and I'm upstairs with the kids and our dog went down there and (unintelligible) barking now. Okay, so somebody's inside your house, your sayin? Yes. Okay. So they're on the main level, your husband's in the basement and you're on the second floor? They're on the main level, and I'm upstairs, yes. OK. And your husband is down in the basement? Or he went down to go He, he went down to the door, and I just said is everything okay and he said yes, but I have no idea what's going on. OK. Are there any weapons involved or mentioned? I have no idea. Not with us, no. OK, are you in immediate danger? I don't know. K, just tell me if you feel unsafe at any time. Is anyone else in immediate danger? Um, yeah, I mean, I'm gonna say yes, I don't know, I'm upstairs with the kids you know. OK, exactly where are they now, the people that are in danger? Um, we're all upstairs in the bedroom.

911 Female 911 Female 911 Female 911 Female 911 Female 911 Female 911 Female 911 Female

01/09/2013

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911 Female 911 Female 911 Female 911 Female 911 Female 911 Female 911 Female 911 Female 911 Female 911 Female 911 Female 911 Female 911 Female

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911 Female 911 Female 911 Female 911 Female 911 Female 911 Female

You're all upstairs in the bedroom except for your husband? Yes. And where is he? He went downstairs. OK, is anyone injured? No. OK, do you have any descriptions of the person that entered your house? No. No. And where did he enter the building? The front door. Where are the possible exits from the building? Um, the back door. Just the front and back door? Mm hmm. Is there anyone else in the building that belongs there? You said your husband and your kids? Um, just my husband and my kids. How many kids? Four. OK. Just stay on the line with me. So your husband went down to check, to see what's ... Yes. Happening basically? Yes. And you haven't heard anything from him? Correct. Well I said do you want me to call 911 and he said no, it's okay, but I have no idea what's going on, you know. Sure. I also want everything to be fairly calm when somebody comes. It's okay Dustin, it's going to be okay. I understand, you too. Yes, I am on the phone. It's going to be okay. You're okay. OK. You haven't heard anything else from your husband? No. OK (unintelligle) ... come over here ... (unintelligible) can you shut the door please? Everything's fine. OK, I'm on the phone with 911. They won't (unintelligible) to our house. We don't know. There should be officers pulling up right now. OK. Stay on the line with me. They're going to check outside. I would like to know when they check in with my husband out front (unintelligible) OK Can I tell them what your husband is wearing, so they don't confuse him for ... Gray t-shirt What's that? Gray t-shirt and plaid pajama bottoms. He has light brown hair. No glasses or anything. Thirty eight year old male. White. OK It's okay. Everything's going to be okay. Everything's going to be okay. (Three shots fired) That should be the officers now, knocking. I don't know. They're here. (child's voices as well)

01/09/2013

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Stay, stay in your room, stay in your room. Lock the door and stay exactly where you are. (Kids crying) Lock the bedroom door right now. (Kids crying) I cannot, I cannot lock it. Keep the kids exactly where they are, keep them with you. Keep me posted. Yep, I'm gonna let you know everything I know. (unintelligible) I need to be posted more. OK, I'm going to try to get some information for ya. (pause) I'm trying to get information for ya, but ... (unintelligible) (dog barking) They're coming, they're coming, we can hear them coming. I need more information. I need an officer to come upstairs to help us. You guys can all get together on one bed. I'm trying to get somebody to come upstairs, but they got a lot going on right now. Just try to be patient and stay calm, okay? OK. (can hear radio call reference 01) Yes. Yes. Are you talking to officers? No, I'm talking to my husband. OK. So your husband is up with you now? No. He's not, okay. (pause) OK, just to let you know what's going on here. They did find somebody in the house and there were shots fired, and we have an ambulance coming for that subject right now. OK. Is my husband okay? Yeah, your husband is fine as far as I, is he the one talking to you now, he's fine. No, nobody's talking to me right now. Your husband didn't say anything to you yet? No. Oh okay, I thought you said you were talking to him. Yes. Everything's okay. Yeah, dad is okay. Yes, I'm talking to somebody?? It's okay, it's okay, you're okay, you're 12 years old, I understand, that's fine. They are just taking long. It's fine. Yeah, (unintelligible) everything's fine. Thank you.

Transcribed by PRT Melody Ketchum on 11-09-12

Supervisory Officer: Reporting Officer: DET DENISE E ARMSTRONG

I.D.: _ __

I.D.: 2601

01/09/2013

9

10

Report 3

MADISON POLICE DEPARTMENT Report Completed: 11/9/2012 Occurred Incident: Dispatched as: 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Cali Date/Time: 11/09/201202:46 Dispatch Date/Time: 11/09/201206:02 Reporting Officer: DET DENISE E ARMSTRONG 2601 Special Routing:

From DatelTime: Thru Date/Time: Report sent:

TRANSCRIPT OF RADIO TRANSMISSIONS: Dispatch 507 Dispatch 4011 Dispatch 07 Dispatch 01 08 Dispatch 014 Dispatch 01 Dispatch 01 Dispatch 011 C2 Dispatch 08 Dispatch Dispatch 08 Dispatch 08 014 Dispatch 08 Dispatch 507 507 at patrol. 4011 011 07, 011, possible B&E in progress. Five thirteen south Baldwin cross is Spaight. Caller can hear someone in the house. 07 Copy 501, I'll have you start that way also. 10-4 08, this is unfounded. I'm en route. Copy 08 en route also. 014, I'm on Paterson and East Wash, I can go for one of the farther units. Copy that. 501, you can disregard for now. 01, I'll go for 11. You're gonna go for 11 instead? Affirm. I'm closer. Copy 011, 10-8 10-4 C2 in the area. C2 in the area. 0823 Copy 08. Caller heard someone come in the front door. Husband went down to see what was going on. She's still upstairs with four kids. 508 08 Husband's wearing a gray t-shirt and plaid pajama bottoms. (unintelligible) ... they're in a fight. 014 out. 014 out. 08, shots fired. Suspect down. We are 10-2. Copy 508, shots fired. Subject down. Emergency traffic on channel 1 yet. (Marker is put on channel 1.) 15·SECOND PAUSE 1228, you're going? Affirm. 35·SECOND PAUSE

Dispatch 1228

01/09/2013

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1228 Dispatch 1228 Dispatch D10 D10 1613 Dispatch 1613 Dispatch E1 Dispatch Dispatch D8 Dispatch D1 Dispatch D1 E1 Dispatch Dispatch E1 Dispatch E1 Dispatch 1340 Dispatch Dispatch 1228 Dispatch 1228 Dispatch D1 Dispatch Dispatch D50 Dispatch D50 Dispatch E1 1228 1228 Franco 1228 D10 D10

1228, I'm out. 1228 out. 1228, why don't we move to a channel? Copy, all downtown units on Baldwin go to channel 7, channel 7. And we'll have routine traffic back on channel 1. D10 I'm out. Copy you're out. 16131'm on 7. 16130n7. I'm going there if you'll just assign me to it. Affirm you'll be assigned. E1 can you assign me also? E1 you're assigned. Dispatch is on 7. D8 we're PNB here D8 copy, PNB. If we can get somebody to check on the mother and the kids upstairs that'd be great. D1 to dispatch I'm on 7 (unintelligible) D1 Copy. We're gonna start clearing this residence here. E1'sout. E1 copy. 1228. E 1, go ahead for her, I can relay it. E 1 go with that again please. You were calling 1228 I said go ahead I can relay it I was just asking if anybody can make contact with the wife upstairs. The phone's disconnected so they might be in contact with her now. 13401, 41, excuse me 43, and 44 are on 7 on scene. That's 1340, 43 and 44? 1228? 1228 The OIC would like to confirm that this is an officer involved shooting Affirm. One suspect down. Copy. Thank you. D 1 the residence is clear. Residence clear 2:58. 4D 13 you on this channel? D50 D50 Can you just note the time resuscitative stops 3:00AM Hey Karen when you get a chance can you come down here? I would like tape behind this vehicle also. Copy that Dan. 1228 to Franco Go ahead sergeant. Can you just give me the first name of the neighbor that lives two doors down? Paul Sarge apparently he just moved in with the Crows (phonetic) two houses down from here.

01109/2013

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1228 Dispatch 1228 Dispatch 1228 Albright 1228 Albright 1228 Albright 1228 Albright 1228 Dispatch 1228 Dispatch 1203 Dispatch 1203 Dispatch 1232 1203 1340 1203 1340 1203 1232 1340 1228 1343 1228 1343 1228

Copy. 1228. 1228. Couple of crew members from the fire department engine 3 are coming back to the scene. They forgot some equipment there. Copy that. Albright to Krahn. Go ahead Bernie. Is it gonna be okay for fire to have that stuff? Affirm. 10-4, Sonny can you grab that. I'll bring it out to 'em. Okay, they're up here now at Jennifer. We'll just keep them here and whenever you get here is fine. 1228. 1228. Can you just let channel 1 know that all officers are 10-2? Copy I'll let them know. 1203. Last unit go again. 1203 I'm on 7 is there a safe route into the scene? 1228 can you advise for 1203? 1232 they can come in on Baldwin right off of, um, Willy Street and they'll see us. 1203 copy. 1340 to 1203. Go ahead. Drive past just, Baldwin south from Willy and I'll meet you there. 10-4. Wiering to Sarah Boespflug you still on 7? Fiore to Krahn can you see me at Baldwin and Jennifer? I'm coming Tony. 13431228. 1228 go ahead. Looks like we have a camera staging right over there at Jennifer and Baldwin just FYI. Copy thank you.

Transcribed by PRT Melody Ketchum

Supervisory Officer:

1.0.: _ __

Reporting Officer: DET DENISE E ARMSTRONG

1.0.: 2601

0110912013

12 13

Report 4

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
11/9/2012

10 - Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11109/201202:46 Dispatch DatelTime: 11/09/201202:47 Reporting Officer: DET DENISE E ARMSTRONG 2601 Special Routing:

From DatelTime: Thru Date/Time: Report sent:

VICTIM

PAULHHE~

MNV DOB: _1982 (30 yrs) 509 S. BALDWIN ST. #2 MADISON WI CONTACT WENDY PHILLIPS EMPLOYER: DANE COUNTY COMMUNICATIONS PROPERTY INFO'
Status Tag # Code E 291351 Lkr# 40 Description CD of 911 call and transmissions Brand Model Serial No. Est Value Rec Value

On 11/9/12 at approximately 8:20 AM I received a CD containing the 911 call and transmissions related to this case from Lt. Dan Olivas. Lt. Olivas had requested the 911 CD and CAD printouts from Wendy Phillips of the Dane County Communications Center. I maintained possession of the CD until I returned to WPD and placed the CD into property as listed above. The CAD printouts are attached to this report. Both recordings were transcribed by PRT Melody Ketchum. Please see my supplemental reports for the transcripts.
Supervisory Officer: I.D.: _ __

Reporting Officer: DET DENISE E ARMSTRONG

I.D.: 2601

01/09/2013

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Date/Time: 11/9/2012 6:44:34 A[vJ

POL ICE ACT I V E INC IDE N T DIS P LAY This is an Active Incident, Cmds (AR,RO,IR,CA) are NOT Available Map= N-16 11-09-12 02:46:34 Ic#= 000899 OI5T=410-042 Utl= 513 5 BALDWIN 5T MA 1300 5PAIGHT 5T Emergency Agcys : Incident Type: 10 Priority ...... : 3, Name, Address: MEGHAN OMALLEY Phone Number ... : Entered By OP007,PEM1 License Numbr : Ent Rqst (PA,RC,R5,AR,RO,IR,U,R,Q).: (AI)<-Crt Dsptchd By : DP005,CLM2 Dispo: R : No Dispo Desc, : Cmd Report No: 121109-000074 : 12-00320242 ------------------------------- Units Dispatched -----------------------------DD007 R 02:47:01 00:00:00 00:00:00 00:00:00 00:00:00 4011 X 02:47:01 00:00:00 00:00:00 00:00:00 02:47:58 >MA4363 ,4,Prmy 501 W 02:47:19 00:00:00 00:00:00 00:00:00 02:47:48 >MA4396 , ,5 -------------------------------- More Units -- ( Full Equipment Window) >E9< Addr = 001005 BALDWIN 5T - E 5ector >E9< Locn = CALLBK=(608)628-4121 PH# = 6086284121 >E9< Billing Name = SPRINT NEXTEL-CDMA >IC< P.BURGLARY RESIDENCE N 024634 ------------------------------~-- More Remarks --- ( Full Remark Window)

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Date/Time: 11/9/2012 6:44:43 AM

POL ICE ACT I V E INC IDE N T DIS P LAY This is an Active Incident, Cmds (AR,RO,IR,CA) are NOT Available - Map= N-16 11-09-12 02:46:34 Ic#= 000899 DIST=410-042 Utl= 513 S BALDWIN ST MA 1300 SPAIGHT ST Incident Type: 10 Priority ...... : 3, Emergency Agcys : SPF Name, Address: MEGHAN OMALLEY Phone Number ... : License Numbr : Entered By DP007,PEM1 Ent Rqst (PA,RC,RS,AR,RO,IR,U,R,Q).: (AI)<-Crt Dsptchd By : DP005,CLM2 Dispo: R : No Dispb Desc, : Cmd Report No: 121109-000074 : 12-00320242 ------------------------------- Units Dispatched -----------------------------DD007 R 02:47:01 00:00:00 00:00:00 00:00:00 00:00:00 4D11 X 02:47:01 00:00:00 00:00:00 00:00:00 02:47:58 >MA4363 ,4,Prmy 5D1 W 02:47:19 00:00:00 00:00:00 00:00:00 02:47:48 >MA4396 , ,5 ---------------------------~---- More Units -- ( Full Equipment Window) [someone inside the house] Burglary (Break-and-Enter) 0246,007 0246,007 ./ Home Invasion. 1.The caller is on scene and is the victim/suspect (1st party). 2.This incident is in 0246,007 progress. 3.This incident involves a HOME INVASION. 0246,007 --------------------------------- More Remarks --- ( Full Remark Window) ----

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Date/Time: 11/9/2012 6:44:50 AM

POL ICE ACT I V E INC IDE N T DIS P LAY This is an Active Incident, Cmds (AR,RO,IR,CA) are NOT Available - Map= N-16 11-09-12 02:46:34 Ic#= 000899 DIST=410-042 Utl= 513 S BALDWIN ST MA 1300SPAIGHT ST Incident Type: 10 Priority ...... : 3, Emergency Agcys : SPF Name, Address: MEGHAN OMALLEY Phone Number ... : License Numbr : Entered By DP007,PEM1 Ent Rqst (PA,RC,RS,AR,RO,IR,U,R,Q).: (AI)<-Crt Dsptchd By : DP005,CLM2 Dispo: R : No Dispo Desc, : Cmd Report No: 121109-000074 : 12-00320242 ------------------------------- Units Dispatched -----------------------------00007 R 02:47:01 00:00:00 00:00:00 00:00:00 00:00:00 4011 X 02:47:01 00:00:00 00:00:00 00:00:00 02:47:58 >MA4363 ,4,Prmy 501 W 02:47:19 00:00:00 00:00:00 00:00:00 02:47:48 >MA4396 , ,5 -------------------------------- More Units -- ( Full Equipment Window) 4.It is not known if weapons were involved or 0246,007 mentioned. 0246,007 HEARD SOMEONE COME IN FRONT DOOR, HUSBAND WENT DOWN TO SEE WHAT IS GOING ON. SHE'S UPSTAIRS WITH THEIR 4 KIDS. 0248,007 --------------------------------- More Remarks --- ( Full Remark Window) ----

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Term #: 0057

Date/Time: 11/9/2012 6:44:57 AM

POL ICE ACT I V E INC IDE N T DISPLAY This is an Active Incident, Cmds (AR,RO,IR,CA) are NOT Available - Map= N-16 11-09-12 02:46:34 Ic#= 000899 DIST=410-042 Utl= 513 5 BALDWIN ST MA 1300 SPAIGHT ST Incident Type: 10 Priority ...... : 3, Emergency Agcys : SPF Name, Address:: MEGHAN OMALLEY Address Phone Number ... : . . License Numbr : Entered By : DP007,PEM1 Ent Rqst (PA,RC,RS,AR,RO,IR,U,R,Q).: (AI)<-Crt Dsptchd By : DP005,CLM2 Dispo: R : No Dispo Desc, : Cmd Report No: 121109-000074 : 12-00320242 ------------------------------- Units Dispatched -----------------------------DD007 R 02:47:01 00:00:00 00:00:00 00:00:00 00:00:00 4011 X 02:47:01 00:00:00 00:00:00 00:00:00 02:47:58 >MA4363 ,4,Prmy 501 W 02:47:19 00:00:00 00:00:00 00:00:00 02:47:48 >MA4396 , ,5 -------------------------------- More Units -- ( Full Equipment Window) HUSBAND IS WEARING GRAY T SHIRT & PLAID PAJAMA BOTTOMS. 0249,007 0250,005 1 SHOT SUS DOWN >IC< F.GUNSHOT (NON-RECENT SINGLE CENTRAL WOUND) Y 025026 PNB 0252,007 --------------------------------- More Remarks --- ( Full Remark Window) ----

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Term #: 0057

Date/Time: 11/9/2012 6:45:06 Atv]

DIS P LAY POL ICE ACT I V E INC IDE N T (AR,RO,IR,CA) are NOT Available This is an Active Incident, Cmds - Map= N-16 11-09-12 02:46:34 Ic#= 000899 DIST=410-042 Utl= 513 S BALDWIN ST MA 1300 SPAIGHT ST Incident Type: 10 Priority ...... : 3, Emergency Agcys : SPF Name, Address: MEGHAN OMALLEY Phone Number ... : License Numbr : Entered By DP007,PEM1 DPOO ,PEM1 Ent Rqst (PA,RC,RS,AR,RO,IR,U,R,Q).: (AI)<-Crt Dsptchd By : DP005,CLM2 Dispo: R : No Dispo Desc, : Cmd Report No: 121109-000074 : 12-00320242 ------------------------------- Units Dispatched -----------------------------DD007 R 02:47:01 00:00:00 00:00:00 00:00:00 00:00:00 4011 X 02:47:01 00:00:00 00:00:00 00:00:00 02:47:58 >MA4363 ,4,Prmy 501 W 02:47:19 00:00:00 00:00:00 00:00:00 02:47:48 >MA4396 , ,5 -------------------------------- More Units -- ( Full Equipment Window) CLEARING AT 0253 0253,007 FIGHT CALLED OUT AT 0250 SHOTS FIRED AT SAME TIME 0255,005 SUS DOWN 0255,005 911 CALL FROM 1316 SPAIGHT, JAMES AT 505-670-4102 0257,002 --------------------------------- More Remarks --- ( Full Remark Window) ----

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Term #: 0057

Date/Time: 11/9/2012 6:45:14 AIVl

POL ICE ACT I V E INC IDE N T DIS P LAY This is an Active Incident, Cmds (AR,RO,IR,CA) are NOT Available - Map:: N-16 11-09-12 02:46:34 Ic#= 000899 DIST=410-042 Utl= 513 S BALDWIN ST MA 1300 SPAIGHT ST Incident Type: 10 Priority ...... : 3, Emergency Agcys : SPF Name, Address:: MEGHAN OMALLEY Address Phone Number ... : . License Numbr : Entered By DP007,PEM1 Ent Rqst (PA,RC,RS,AR,RO,IR,U,R,Q).: (AI)<-Crt Dsptchd By : DP005,CLM2 Dispo: R : No Dispo Desc, : Cmd Report No: 121109-000074 : 12-00320242 ------------------------------- Units Dispatched ---------~------~------------00007 R 02:47:01 00:00:00 00:00:00 00:00:00 00:00:00 4011 X 02:47:01 00:00:00 00:00:00 00:00:00 02:47:58 >MA4363 ,4,Prmy ,5 501 W 02:47:19 00:00:00 00:00:00 00:00:00 02:47:48 >MA4396 , -------------------------------- More Units -- ( Full Equipment Window) REPORTING 3 GUNSHOTS 0257,002 RES CLEAR AT 0258 0258,007 >IC< S.CALL TYPE TO DOCUMENT CALLS FOR CORONER'S OFFICE Y 030110 EFFORTS STOPPED AT 0300 0301,007 --------------------------------- More Remarks --- ( Full Remark Window) -------------------------~-------

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Term #: 0057

Date/Time: 11/9/2012 6:45:22 AM

POL ICE ACT I V E INC IDE N T DIS P LAY This is an Active Incident, Cmds (AR,RO,IR,CA) are NOT Available - Map= N-16 11-09-12 02:46:34 Ic#= 000899 OIST=410-042 DIST=410-042 Utl= 513 S BALDWIN ST MA 1300 SPAIGHT ST Incident Type: 10 Priority ...... : 3, Emergency Agcys : SPF Name, Address: MEGHAN OMALLEY Phone Number ... : Entered By OP007,P DPOO License Numbr : Ent Rqst (PA,RC,RS,AR,RO,IR,U,R,Q).: (AI)<-Crt Osptchd By : OP005,CLM2 Dsptchd DP005,CLM2 Oispo: R : No Oispo Oesc, : Cmd Dispo: Dispo Desc, Report No: 121109-000074 : 12-00320242 ------------------------------- Units Dispatched -----------------------------00007 R 02:47:01 00:00:00 00:00:00 00:00:00 00:00:00 ,4,Prmy 4011 X 02:47:01 00:00:00 00:00:00 00:00:00 02:47:58 >MA4363 501 W 02:47:19 00:00:00 00:00:00 00:00:00 02:47:48 >MA4396, ,5 -------------------------------- More Units -- ( Full Equipment Wihdow ) >IC< S.DEATH INVESTIGATION Y 030128 9113 HAS THE INFO // HE'LL BE ENROUTE FROM BLACK EARTH BUT ADVISED IT MAY TAKE AWHILE 0302,002 METRO NOTIFIED OF CLOSURE OF 500 S BALDWIN 0517,014 --------------------------------- End Remarks --- ( Full Remark Window) ----

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Term #: 0057

Date/Time: 11/9/2012 6:47:28 pH

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Equipment Associated, with Fire Incident -> 11-09-12, 02:46:34, 899 <--> 5 Dispatch A"rived Transport Arrived In-Service Off-Id1 Off-Id2 S Primry G 02:50:45 02:58:27 00:00:00 00:00:00 03:08:37 >7012 G 02:50:45 00:00:00 00:00:00 00:00:00 02:50:45 >USDD G 02:50:54 00:00:00 00:00:00 00:00:00 02:54:41 >7012 G 02:53:21 02:56:36 00:00:00 00:00:00 03:01:35 >7012 G 02:53:21 00:00:00 00:00:00 00:00:00 02:53:21 >USDD

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Term #: 0057

Date/Time: 11/9/2012 6:45:51

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DIS P LAY SHE R IFF ACT I V E INC IDE N T This is an Active Incident, Cmds (AR,RO,IR,CA) are NOT Available - Map= N-16 11-09-12 03:01:10 Ic#= 000899 DIST=WE Utl= 513 S BALDWIN ST MA 1300 SPAIGHT ST Incident Type: 17 Priority ...... : 3, Emergency Agcys : SPF Name, Address: MEGHAN OMALLEY Phone Number ... : License Numbr : Entered By DP007,PEM1 Reqst (PA,RC,RS,AR,RO,IR,CA,U,R,Q).: (AI)<-Crt Dsptchd By : DP006,BAS Dispo: N : No Dispo Desc, : Cmd Report No: 121109-000074 : 12-00320242 ------------------------------- Units Dispatched -----------------------------9113 W 03:01:48 04:11:18 06:34:10 06:38:44 06:39:09 >CC9113 ,D,Prmy 9102 W 03:39:48 04:16:12 00:00:00 00:00:00 06:39:00 >CC9102 ,D ------------------------------------------------ ( Full Equipment Window) >E9< Addr = 00100 S BALDWIN ST - E Sector >E9< Locn ; CALLBK=(608)628-4121 PHI = 6086284121 >E9< Billing Name = SPRINT NEXTEL-CDMA >IC< P.BURGLARY RESIDENCE N 024634 --------------------------------- More Remarks --- ( Full Remark Window)

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Report 5

MADISON POLICE DEPARTMENT Report Completed: 11/10/2012 Occurred Incident: Dispatched as: 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: DEATH INVESTIGATION Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET TRACIE A JOKALA 3234 Special Routing:

From Date/Time: Thru DatelTime: Rep\ort sent:

KIRSTEN M ALSACKER FIW DOB:R969 (43 yrs) EMPLOYER: COMM SU SOR/DANE COUNTY 911 HOWID'D: VERBALLY CONTACTED AT 911 CENTER STATUS: Attached: Dane County 911 CAD printout of 508 calls 11/8/12-11/9/12. NARRATIVE: On 11/10/12, at approximately 2:30pm, I made contact with Dane County 911 Communications Supervisor Kirsten M Alsacker. I asked Alsacker to provide me with a listing of Unit 5D8's calls on the evening of 11/8/12 into 11/9/12. Alsacker provided me with the attached documents, which consist of: Activity By Unit Display 11/8/12 Activity By Unit Display 11/9/12 Police Closed Incident Display Case 12-320236 (2 pages) Police Closed Incident Display Case 12-320242 (2 pages) End of report. I.D.: _ ___ __

CONTACT

Supervisory Officer: Reporting Officer: DET TRACIE A JOKALA

I.D.: 3234

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( F1 F2 F3 ) Police ACT I V I T Y B Y U NIT DIS P LAY (M2 M1 MO ) Unit-Number .. : 5D8 (DD008;5) Month-Day .. : 1108 Address-Dispatched Inc-Type Recv Dsph Scne Trns Astr Insv Ds Po Inc# 0104 New Location -> DICKINSON/WILLIAMSON Dispatched 0991 New Location -> DICKINSON/WILLIAMSON 0104 On Scene 0991 0102 0104 0104 0000 0000 0108 N 00400 S DICKINSON ST 60T o 0991 0122 Unit ENroute 1003 01113 WILLIAMSON ST 44 0121 0122 0124 0000 0000 0144 U Y 1003 0144 Misc Informatn 12-00319185<-R# Police 0653 Misc Informatn MDT OFF MA2792 0653 Off Duty (Equip Unt/Sft ~ DD008;5) MA2792 On Duty (Equip Unt/Sft ~ DD008;5) 2202 MA2792 2319 Misc Informatn MDT OFF MA2792 2319 Misc Informatn MDT ON MA2792; 2324 In Service ---- End of Day

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( F1 F2 F3 ) Police A C T I V I T Y B Y U N J. T DIS P LAY ( M2 M1 MO ) Uni t - Number .. : 5D8 (DD008;5) Month-Day ... 1109 Inc-Type Reev Dsph Sene Trns Astr Insv Ds Po Inc# AddresS-Dispatched 0241 0893 unit ENroute ST 49 0234 0238 0246 0000 0000 0247 U Y 0893 00606 S BREARLY 0247 Mise Informatn 12-00320236<-R# Police 0247 unit ENroute 0899 0412 On Scene l>1ise Informatn > PATROL 0899 0425 Mise Informatn MDT OFF MA2792 On Scene 0899 New Location -> CCB R 0458 On Scene 0899 ST 10 0246 0247 0248 0000 0000 0937 R Y 0899 00513 S BALDWIN 0937 Misc Informatn 12-00320242<-R# Police (Equip Unt/Sft : DD008;5) 0938 Off Duty MA2792 (Equip Unt/Sft : DD008;5) 2204 On Duty MA4878 2323 In Service 2324 Misc Informatn MDT OFF MA4878 2324 Mise Informatn MDT ON MA4878; Mise Informatn 76 MPH 2359 Dispatched 0758 ---- End of Day

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Icij~ 000893 Utl~ DIST~408-042 Map= N-16 11-09-12 02:34:09 606 S BREARLY ST MA 900 HARVEY TE Incident Type: 49 priority ....... 7, Emergency AgcyS: P Name, Address: CORRINE MARTINEZ Phone Number ... : IIIIIIIIIII License Numbr : Entered By : DPOO~ Reqst (PA,RC,RS,AR,RO,IR,CA,U,R,Q).: (AI)<-Crt Dsptchd By : DP005,CLM2 Dispo: U : No Dispo Desc, : Cmd Report No: 121109-000068 : 12-00320236 ------------------------------- Units Dispatched -----------------------------5D8 W 02:38:23 02:46:08 00:00:00 00:00:00 02:47:32 >MA2792 ,5,prmy 5D7 W 02:38:23 00:00:00 00:00:00 00:00:00 02:38:53 >MA4361 ,5

------------------------------------------------ ( Full Equipment window SOUNDS LIKE SOMEONE IS PLAYING AN ELECTRIC GUITAR PLUGGED INTO AN AMP II VERY LOUD AND WANTS IT SHUT DOWN 0234,002 >IC< P.NOISE DISTURBANCE N 023409 [electric guitar noise] Disturbance I Nuisance. 1.The 0234,002 --------------------------------- More Remarks --- ( FUll Remark window)

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SOUNDS LIKE S~~EONE IS PLAYING AN ELECTRIC GUITAR PLUGGED INTO AN AMP II VERY LOUD AND WANTS IT SHUT DOWN 0234,002 N 023409 >IC< P.NOISE DISTURBANCE
[electric guitar noise] Disturbance / Nuisance. 1. The caller is not on scene. 2.This incident is in progress. 3.This incident involves a loud party/music. 4.The caller knows where the noise is coming from: 606 s brearly 5.N/A 6.It is not known how many people are involved.-Comments: 606 s brearly-

0234,002 0234,002 0234,002 0234,002 0234,002 0234,002

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C LOS E D

INC IDE N T

DIS P LAY

IC#= 000899 DIST=410-042 Utl= 11-09-12 02:46:34 Map= N-16 513 S BALDWIN ST MA 1300 SPAIGHT ST Incident Type: 10 Priority ...... : 3, Emergency Agcys : SPF Name, Address: MEGHAN OMALLEY Phone Number ... : License Numbr : Entered By : DPOO~ Reqst (PA,RC,RS,AR,RO,IR,CA,U,R,Q).: (AI)<-Crt Dsptchd By : DP005,CLM2 Dispo: N : Report No: 121109-000074 : 12-00320242 ------------------------------- Units Dispatched -----------------------------5D7 W 02:47:01 02:58:23 00:00:00 00:00:00 09:38:06 4Dll X 02:47:01 00:00:00 00:00:00 00:00:00 02:47:58 >MA4363 ,4 5Dl W02:47:19 00:00:00 00:00:00 00:00:00 02:47:48 >MA4396 , ,5 -------------------------------- More units -- ( Full Equipment Window ) >E9< Addr = 00100 S BALDWIN ST - E Sector >E9< Locn = CALLBK=(608)628-4121 PH# = 6086284121 >E9< Billing Name = SPRINT NEXTEL-CDMA N 024634 >IC< P.BURGLARY RESIDENCE --------------------------------- More Remarks --- ( Full Remark Window)

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--- Remarks Associated, Police Inc -> 11-09-12, 02:46:34, 899 <>E9< Addr = 00100 ~ALD' - E ST >E9< Locn = CALLBK= PH# = >E9< Billing Name = L-CDH~ >IC< P. BURGLARY RESIDENCE N 024634 [someone inside the house] Burglary (Break-and-Enter) 0246,007 0246)007' I Home Invasion. 1.The caller is on scene and is the 0246,007 victim/suspect (1st party). 2.This incident is in progress. 3.This incident involves a HOME INVASION. 0246,007 4.It is not known if weapons were involved or 0246,007 mentioned. 0246,007 HEARD SOMEONE C01~E IN FRONT DOOR, HUSBAND WENT DOWN TO SEE WHAT IS GOING ON. SHE'S UPSTAIRS WITH THEIR 4 KIDS. 0248,007 HUSBAND IS WEARING GRAY T SHIRT & PLAID PAJAMA BOTTOMS. 0249,007 0250,005 1 SHOT SUS DOWN >IC< F.GUNSHOT (NON-RECENT SINGLE CENTRAL WOUND) Y 025026 PNB 0252,007 CLEARING AT 0253 0253,007 FIGHT CALLED OUT AT 0250 SHOTS FIRED AT SAME TIME 0255,005 SUS OOWN 0255,005 911 CALL FROM 1316 SPAIGHT, JAI>lES AT ~ 0257,002 REPORTING 3 GUNSHOTS 0257,002 RES CLEAR AT 0258 0258,007 >IC< S.CALL TYPE TO DOCUMENT CALLS FOR CORONER'S OFFICE Y 030110 EFFORTS STOPPED AT 0300 0301,007 >IC< S.DEATH INVESTIGATION Y 030128 9113 HAS THE INFO II HE'LL BE ENROUTE FROM BLACK eARTH BUT ADVISED IT ~lAY TAKE AWHILE 0302,002 ,1ETRO NOTIFIED OF CLOSURE OF 500 S BALDWIN 0517,014 SCHMIDTS NOTIFIED 1139,014 1454 <- Police Unit eXtracted from Incident. 1446 DP001 ALL UNITS CLEAR @ 1631 1631,005

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Report 6

MADISON POLICE DEPARTMENT
Report Completed: 11/9/2012 Occurred Incident: Dispatched as: Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

10 - Residential Burglary 10 - Residential Burglary

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/2012 02:46 Dispatch Date/Time: 11/09/2012 02:47 Reporting Officer: SGT KAREN J KRAHN 2629 Special Routing:

From DatelTime: Thru Date/Time: Report sent:

OFFICER NARRATIVE On 11/9/12 at approximately 2:46 am. I heard officers dispatched to 513 S Baldwin SI. reference a burglary in progress. Moments later I heard Officer Steve Heimsness advise dispatch that he was clearing from a different call and that he would be en route to the Baldwin SI. call since that was in his beal. I also did hear Officer Stacy Troumbly advise that she was currently on E Washington Ave. and also would be responding to the Baldwin SI. call. At this time. I was located in the 400 block of W Johnson SI. and began to proceed to the call. Dispatch advised that the resident of 513 S Baldwin SI., identified as Meghan O'Malley, was calling in a burglary in progress. Dispatch advised that Meghan was reporting that they heard someone come in the front door of their residence and that her husband was going downstairs to investigate. There was a slight pause and Dispatch then advised a description of the husband later identified as Kevin O'Malley. The description of Kevin was that he would be wearing a gray t-shirt and plaid pajama bottoms. Dispatch advised that Meghan was currently remaining in the upstairs of this residence with four of her children. I heard Officer Heimsness advise Dispatch that he was on scene and shortly thereafter I heard Officer Troumbly advise that she was on scene. Moments later I heard Officer Heimsness advise, "Shots fired, suspect down." This was at approximately 2:50 am. At this time I was on E Washington Ave. near Paterson SI., and I activated my red and blue emergency lights and proceeded to the scene. I took E Washington Ave. to southbound Baldwin SI., and upon reaching the intersection of Baldwin and Jenifer Sts., I observed someone flash a flashlight at me from mid-block on the east side of the 500 block of S. Baldwin SI. At this time, I positioned my unmarked squad, no. 451, to block S Baldwin SI. at Jenifer SI. My squad is not equipped with an in-car dash camera. I exited my squad and approached on foot toward the mid block location of the other officers. I came into the area walking in the roadway and noted that there were numerous cars parked along each side of the street which obstructed my direct view of the actual scene. As I rounded the corner around the parked vehicle to a driveway that ran between 511 and 513 S Baldwin SI., I observed a male white lying on his back near the north edge of that driveway apron. This subject was lying partly on the sidewalk and partly on the grass terrace. There was a telephone pole in that immediate vicinity. This area is lit by one overhead street lamp at either end of the block. The street has numerous trees and this immediate area was very dark at this time. Upon my immediately viewing the scene, I observed Officer Heimsness with his gun drawn at a lowready position with both hands on his gun. I observed Officer Troumbly was down lower near the suspect's body, possibly assessing his medical condition. I confirmed with Officer Heimsness that he indeed was the shooter involved and asked if he was injured. Officer Heimsness stated he was not injured. I also confirmed that Officer Troumbly was not injured either. At this point I did observe the

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suspect later identified as Paul H. Heenan. Heenan at this time had both eyes wide open, staring in an upward fashion, and I observed that they appeared to be non-reactive. I did not see any movement from Heenan nor did I observe any breathing movement. I also observed that Heenan's mouth was wide open and that there was blood around his mouth. I did observe a wound to his chest area that I presumed to be a gunshot wound. The suspect was lying on his back at this time but not moving at all and appeared to be deceased. I instructed Officer Troumbly to conduct a pat down frisk of Heenan for any weapons. I did hear either PO Heimsness or PO Troumbly mention that there was a knife and then observed a buck knife style with external clip that was clipped to the right front pants pocket of Heenan. Officer Troumbly removed this knife at this time and took custody of it. Heenan was fully frisked for any other weapons and I deemed at this time it was not necessary to handcuff Heenan. I then walked PO Heimsness a few feet down the sidewalk to confer with him away from PO Troumbly. I advised PO Heimsness that I needed to extract him from this incident but I first needed to know a quick overview of what had occurred. Officer Heimsness advised me that when he had arrived on scene, he had parked near S. Baldwin SI. and Spaight St. PO Heimsness stated as he approached on foot, he had seen a struggle between Heenan and Kevin O'Malley and that he then began to order Heenan to the ground. PO Heimsness advised that Heenan disengaged from O'Malley but did not comply with his instructions to get on the ground. PO Heimsness advised me that Heenan then came towards Officer Heimsness and that he "shot him to get him off of me." I asked Officer Heimsness which direction he was facing while confronting Heenan, and he advised me that he was facing in generally a northern direction and Heenan was facing a southerly direction. I began to walk Officer Heimsness towards his squad car, and he advised me that he would be okay with proceeding to his squad car alone. I allowed him to do so, and shortly thereafter Officer Felt arrived on scene, and I advised Officer Felt to immediately go and remain with Officer Heimsness for the time being. Officer Carrie Hemming-Cotter was arriving on scene, and as she exited her squad car I advised her to assist with assessing Heenan's condition. Officer Hemming-Cotter and Officer Troumbly then did begin conducting CCR on Heenan. Sgt. Fiore arrived with several other officers including PO Franco, PO Martinez and PO Mertz. These officers along with Sgt. Fiore did enter the residence to fully clear 513 S Baldwin SI. Officers Conrad and Crose arrived and were directed to maintain a perimeter point towards the rear of the residence as it was being cleared. The house clear began at 2:53 am and the house was cleared at 2:58 am. I did observe Officer Dan Frei arrive on scene and then directed him to relieve Officer Felt and stay with Officer Heimsness for the duration. After the residence was cleared, I directed Officer Franco to re-enter 513 S Baldwin St. and remain with the family, keeping them in the upstairs portion of the house at this time. I advised Officer Franco to obtain a statement from Kevin O'Malley. A few minutes later I did enter the front of 513 S Baldwin St. and observed that Officer Franco was standing at the bottom of the steps and that Kevin O'Malley was standing halfway down the staircase of the residence. I advised Officer Franco again that maybe it would be best for her to interview Kevin upstairs, but Kevin was reluctant to return upstairs and talk about the incident in front of his young children. At this time I learned that there were four children in the residence that were ages 2 through 12. The mother, Meghan O'Malley was currently still upstairs with all four children; therefore, I advised Officer Franco that she could interview Kevin O'Malley on the steps but that we should preserve the downstairs portion of the residence at this time. I did hear some conversations from Kevin O'Malley as he related the incident to Officer Franco. I heard Kevin O'Malley state that he recognized the suspect as a neighbor who lives two doors away and that he was intoxicated. Kevin O'Malley further stated, "I tried to tell the officer thaI." I later learned that Kevin

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O'Malley had known the suspect for just a few days, as he had just moved into the neighborhood recently and that he knew him only by the first name of Paul. Upon exiting 513 S Baldwin St., I began to direct officers to tape off an inner and outer perimeter of the scene. Inv. McEvoy had arrived on scene and was assisting along with PO Tyler Grigg and PO Megan Rogers in taping off both inner and outer perimeters. Fire/Rescue responded and began to administer to Heenan. Resuscitative efforts were stopped at 3:00 am. I observed that Fire/Rescue did place a white blanket over the body of Heenan concealing his whole person. The coroner was notified at 3:02 am. At one point I did call the OIC, Sgt. David Compton, and advised him of the information I had thus far. Sgt. Compton advised me that he had already been in contact with Det. Lt. Tim Peregoy and that they were currently arranging for numerous detectives to respond. I had assigned Officer Casey Cherne to maintain a scene log of the inner perimeter and further advised her to identify all members of the engine and rescue crew from Madison Fire Department. See her supplemental report for that information. I then made contact with Officer Troumbly and advised her to give me a brief overview of what had occurred. Officer Troumbly stated that she had arrived on scene after Officer Heimsness had arrived and that she had parked near the corner of Jenifer and Baldwin St. along the western curb line and proceeded to walk in along the eastern sidewalk. Officer Troumbly advised that she was approximately in front of 509 S Baldwin St. when she heard three gunshots and then saw Heenan stagger back a step or two and fall onto his back. Officer T roumbly advised me that when she observed this that Officer Heimsness and Heenan were in close proximity to each other and that she estimated the distance between them to be approximately three feet. At this time I assigned Officer Hemming-Cotter to remain with Officer Troumbly and escort her back to her squad car for the time being. I then checked in with PO Heimsness to see if he was comfortable waiting on scene for a while longer. I conferred with Investigator McEvoy, who related to me he had spoken with Officer Heimsness about the incident enough to collect pertinent evidence. I did hear Investigator McEvoy ask Officer Heimsness how he routinely loads his duty weapon, which is a 9 mm Glock model 17. Officer Heimsness stated he loads all his magazines with 17 rounds and has an additional round in the chamber of his weapon. Capt. Carl Gloede arrived on scene and I briefed him on the situation. I then conferred with him as to whether Officers Heimsness and Troumbly needed to remain on scene. It was decided that since we had preliminary information of what had occurred from both of them that they could proceed to be taken up to the City-County Building. I did advise Officer Troumbly and Officer Hemming-Cotter of such and that Officer Troumbly was to be photographed in her uniform prior to dressing into civilian clothing. I then contacted Officer Heimsness and Officer Frei and advised them of the same. In addition I advised that Officer Heimsness's clothing would all be collected as well as his duty belt and duty weapon. I advised Officer Heimsness that I had arranged for a member of the training department to respond to the CCB to arrange for a replacement weapon to be issued to him. I later learned that Sgt. Sweeney had responded to do such. These officers were directed to respond to Inv. Marie Burgette Bach in the lab in order to be photographed and have Officer Heimsness's clothing collected. Officer Heimsness stated that he was fine with driving himself to the CCB, and he did so being followed by Officer Frei. It was arranged that Officer Heimsness would park his vehicle in the CCB basement and that Officer Crose would follow up and download any video from Officer Heimsness's squad. Officer Heimsness did advise me that he had not responded with lights and siren at all to this call; therefore, his dash cam would not have been activated and that the only video

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obtained during his shift thus far would have been for some sort of a traffic stop. Officer Troumbly was also fine with driving her own squad back to the CCB followed by Officer Hemming-Cotter. I re-contacted the OIC Sgt. Compton and confirmed that CV1 was being called out to the scene to accommodate investigating officers. Sgt. Compton advised me that there would also be several detectives showing up on scene shortly. I conferred with Sgt. Fiore about canvassing the neighboring residences in the 500 block of S Baldwin St., and Sgt. Fiore advised he would coordinate that canvass. Officer Felt later advised me that he had made contact during the canvass with the residents of 509 S. Baldwin st. Apt. 2. These residents had reported that their roommate, Paul Heenan, had not returned home this evening. At this time, we suspected the identification of our suspect to be Heenan, but this was not confirmed until later. Sgt. Wiering was also on scene and assisted me with completing a list of officers on scene and what their duties were thus far. Sgt. Wiering also assisted with obtaining the license plates of all vehicles parked in the 500 block of S Baldwin St. I assigned Officer Sonny Martinez to guard the body of Heenan while at the scene. I further advised Officer Martinez that he should remain with Heenan's body, as it would be removed from the scene, and he should further follow it to the medical examiner's office, at which point he could disengage and return to the CCB and complete his report. At one point, Madison Fire Rescue returned to the scene and requested that I retrieve a piece of medical equipment that was left behind near Heenan's body. This item consisted of a small, gray box connected to the cardiac leads that were applied to Heenan. I did unplug this gray box from the leads and returned this item to Madison Fire Rescue personnel. Officers assisting with the perimeter included Officer Albright, Officer Mertz, Officer Conrad, Officer Grigg and Officer Lujan. Upon removal of the body from the scene by the medical examiner's office, I did have Officer Andy Slawek relieve Officer Cherne and have Officer Slawek take over the scene log for the remainder of our standing at the scene. Officer Lujan and Officer Mike Beatty remained at the north end of Baldwin St. at Jenifer St. and contacted any persons coming out of the residences on that end of the street, making sure they had been contacted during the initial canvas. They furthermore accommodated residents removing their vehicles from the 500 block of S Baldwin St. as necessary. Officers McConnell and Mertz were assigned to the south end of the 500 block of S Baldwin St. with the same instructions. Officer Paul Dailey was instructed to relieve Officer Franco inside the residence at 513 S Baldwin Sl. and to remain with the victim family. Numerous detectives had arrived on scene, which included Del. Esser, Det. Riesterer, Del. Nachtigal, Del. Julie Johnson, Det. Flynn Statz and Det. Rietzler. I also observed at one point that Sgt. Brian Chaney arrived on scene in an EAP capacity. I had earlier placed a call to the DA's office victim/witness unit and requested someone from their unit respond to the scene to work with the victim family. That person, unidentified at this time, did respond and did not initially make contact with the O'Malley family pending the detectives contacting the family first. This person from the victim/witness unit was allowed to sit in the rear portion of CV1 until her resources were needed. I did observe at one point that ADA Mary Ellen Karst did arrive and viewed the scene prior to the body being removed. I later observed DA Ismael Ozanne also arrived on scene. At approximately 7:30 am, I advised Officer Lujan and Officer Mertz that they could proceed to the CCB to complete their reports. Officers Beatty and McConnell maintained their presence at either end

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of the 500 block of S. Baldwin St. At approximately 7:35 am, I did turn the scene over to Sgt. Eric Tripke and returned to the CCB to brief detectives in the command post and then complete my report. I furthermore was interviewed by Del. Denise Armstrong at that time. NFAljak

Supervisory Officer:

1.0.: _ __

Reporting Officer:

1.0.: 2629

SGT KAREN J KRAHN

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FIELD SUPERVISOR CRIME SCENE LOG: Response to Crimes Against Persons . . CASE NUMBER: /2-32D242, Criminal Violation Being Investigated: TAlv't'L.vEJJ5/rIe>c7 7/.4Cr . . .. . , Date of Investigation: /)-(/'1- 12 /)-,.;>'1Timeo! Investigation: () G : '-Ie" J!.1'1 Address of Crime Scene Occurrence: _25~/~3'--")L;,~8~a.LA"'~"'''",/""jn",·-'$=,.,1-'--_ _ _ _'-_ _ _ _-'--'-_ _ _522/..,3'-.")t.:.-t:-8,..tt"-L/cI.=<-'ltJ.<.J-,-,, -"$='-'1- _ _ '--_ -'--'-__ ,if Secondary Crime Scene, .if applicable: ."-;_-,_---,,,-' .,,-;--c:--,----::O-. Sergeant in Charge of Scene: 1<.)( f( !f/.jAJ J<..J( if(7"iJ Primary Officer: _ _ _ _-'-_ _ _ _ _ _ __

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Report 7

MADISON POLICE DEPARTMENT Report Completed: 11/9/2012 Occurred Incident: Dispatched as: 10- Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: RESIDENTIAL BURGLARY/OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 From DatelTime: Thru DatelTime: Dispatch DatelTime: 11/09/201202:52 Reporting Officer: PO DAVID J MERTZ 4396 Report sent: Special Routing:

CONTACT

HOWID'D: CONTACT

~BALLY

TAYLOR P ANDERSON MNV DOB:_1992 (20 yrs) Height: 5'10" Weight: 150 HairColor: BRO EyeColor: BLU ~ BALDWIN ST MADISON WI C:

BEN H RECHT MNV DOB: _1978 (34 yrs) Height: 5'11" Weight: 175 HairColor: BRO EyeColor: BRO ~ BALDWIN ST MADISON WI C:

HOWID'D: CONTACT

~BALLY

LAURAN G KROIZ FNV DOB: _1980 (32 yrs) Height: 5'03" Weight: 135 HairColor: BROEyeColor: BRO . . S BALDWIN ST MADISON WI C:

HOWID'D: CONTACT

~BALLY

HOWID'D: CONTACT HOWID'D: CONTACT HOWID'D:

~ALLY

L1AN TARHAY FNV DOB:_980 (32 yrs) Height: 5'02" Weight: 130 HairColor: ~yeColor: BRO _SPAIGHT ST' MADISON WI C:

DAVID W ENGSTEROM MNV DOB: _1987 (25 yrs) VERBALLY KATY E SMITH FNV DOB: _1986 (26 yrs) VERBALLY

NARRATIVE: On 11-09-121 responded to 513 S. Baldwin SI. to assist with a residential burglary. I was working as 5D1, dressed in full military-style uniform and operating marked squad C366.

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While en route to this address, PO S. Heimsness advised over the air that shots were fired and that a suspect was down. At that time, I activated my lights and sirens and drove eastbound on Spaight St. until I reached the Spaight SUS. Baldwin St. intersection where I positioned my squad on S. Baldwin St., blocking northbound and southbound traffic. I exited my squad and approached the residence where I briefly linked up with PO Heimsness and my supervisor, Sgt. K. Krahn. As several additional officers arrived on scene, I was instructed to enter and clear the residence (513 S. Baldwin St.). Myself and others walked up the front porch where we were confronted by a white male who I believed to be the initial complainant. When I asked him if he was the only resident here at this time, he advised me his wife and four children were currently upstairs in their bedrooms. Sgt. A. Fiore, who was also assisting with the clear, asked the complainant if he could escort us upstairs and direct us to his family. When the entire family was accounted for, we continued clearing the remaining rooms on the second floor and then followed by clearing the first floor. I advised over the air that the residence was clear, which took place at approximately 2:58 a.m. It should be noted that I did not see any sign of forced entry at the front entrance, nor did the interior appear to be disturbed. It should also be noted that when PO S. Martinez and I reached the rear door during the clear, I took note that the rear door was locked. I exited the residence via the front door and then contacted Sgt. Fiore for further instructions. I was then asked to contact all residents living on the west side of S. Baldwin St. I first made contact with Taylor P. Anderson (verbally identified) who resides a t . S. Baldwin St. I asked Anderson to describe what he saw and/or heard. Anderson stated he was asleep in his second floor bedroom where the windows face S. Baldwin st. Anderson stated he woke up to "people shouting don't move." Anderson stated the male voice sounded "tense" as he heard the command "don't move" at least two times. Anderson stated he was not 100 percent positive that it was "don't move," but when on to say that it was something similar to that effect. Anderson stated that immediately following the commands, he heard three gunshots and, as he described, it was one shot with a short pause followed by two quick gunshots. Anderson stated that the next thing he heard was the emergency sirens. Anderson was with an unidentified male who also resides there and this subject advised me he did not see or hear anything. I then made contact with Ben H. Recht (verbally identified) who resides a t . S. Baldwin st. I asked Recht to describe what he saw or heard. Recht stated he was asleep ups~ where his bedroom windows also face S. Baldwin st. Recht stated he was woken up by a male voice shouting, "Get down! Get down!" Seconds later, Recht stated he heard three consecutive gunshots coming from the same area as the shouting. Recht was in the bedroom with Lauran G. Kroiz at the time of the incident. I asked her if she had anything else to report. Kroiz stated she did not wake up to people shouting but was immediately spooked when she heard three shots in a "quick burst." It I then made contact with Lian Tarhay (verbally identified) who resides at_Spaight should be noted that there are two apartments at this residence and her ~ment (#1) is on the west side of the building, not facing S. Baldwin St. Tarhay stated she was also sleeping in her first floor bedroom when she woke up to three gunshots. Tarhay did not report to me that she heard anything else as she stated she was in a "very deep sleep." I asked Tarhay to knock on apartment's door in an attempt to make contact with the resident there as his apartment was closest to S. Baldwin st. Tarhay entered and briefly spoke with the resident in apartment 2 and returned a few seconds later advising me that he or she did not hear anything from the incident.

St..

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I then linked up with PO T. Grigg who contacted the rest of the residents on that side of the block. Please see his supplemental report regarding his contact with those residents. PO Grigg and I were then tasked out to Sgt. Fiore to hang up police tape by all the alleyways/driveways on both sides of that block. When that task was complete, I took up a perimeter position just outside of 515 S. Baldwin St. I stood by at that position covering the south end of the scene. Investigator M. McEvoy pulled me from this position to assist with holding up a privacy screen (tarp) in order for him to photograph the body. I returned to the south end perimeter position and then returned back to the body where I assisted the coroner and Inv. McEvoy while they processed the scene.

I later made contact with David W. Engsterom (verbally identified) who resides at Baldwin St. He exited this address with his dog at approximately 6:41 a.m. for a quick walk, re~ing back into the scene at approximately 6:55 a.m.

.S.

I also made contact with Katy E. Smith (verbally identified) who also resides at.S. Baldwin St. She exited this address at approximately 7 a.m. and left for work on foot heading"routhbound on S. Baldwin St.
At approximately 7:15 a.m., Tarhay left the scene via her vehicle that was parked in a garage facing S. Baldwin st. At approximately 7:20 a.m., PO S. McConnell relieved me and I briefly verified with Sgt. R. Rahaman that my responsibilities here were over and I could clear from S. Baldwin st. NFA Supervisory Officer: Reporting Officer:
PO DAVID J MERTZ

1.0.: _ __

1.0.: 4396

jmn

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Report 8

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as: 11/9/2012 10- Residential Burglary 10- Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Residential Burglary/Officer-Involved Shooting Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/2012 02:46 From Date/Time: Dispatch DatelTime: 11/09/201202:47 Thru Date/Time: Reporting Officer: PO DAVID J MERTZ 4396 Report sent: Special Routing:

NARRATIVE: Reference my actions and who I conversed with when I arrived on scene, to clarify, I did not speak with PO S. Heimsness, but rather saw him in passing. At that time, I only made contact with Sgt Krahn, who subsequently instructed me to move to the residence and conduct a clear of the interior. NFAIace
Supervisory Officer: I.D.: _ __

Reporting Officer: PO DAVID J MERTZ

I.D.: 4396

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Report 9

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as: 11/10/2012 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL MARQUETTE Grid:

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin SI Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201202:47 Reporting Officer: DET SHANNON M SIIRILA 2966 Special Routing:

From DatelTime: Thru Date/Time: Report sent:

RONALD C SCHWENN MIW DOB: _ 9 6 2 (50 yrs) 325 W JOHNSON ST MADISON WI 53703 C: (608) 575-1004 W: (608) 266-4420 EMPLOYER: MADISON FIRE DEPT ASSISTANT CHIEF VERBALLY HOW 10'0: JEFFREY VOGEN MIW 1217 WILLIAMSON ST MADISON WI 53703 W: (608) 266-4420 EMPLOYER: MADISON FIRE DEPARTMENT PARAMEDIC CONTACT TODD CRAWLEY MIW 325 W JOHNSON ST MADISON WI 53703 W: (608) 266-4420 MADISON FIRE DEPARTMENT PARAMEDIC JEFFERY ANNEN MIW 1217 WILLIAMSON ST MADISON WI W: (608) 266-4420 MADISON FIRE DEPARTMENT LIEUTENANT CONTACT

CONTACT

EMPLOYER CONTACT

EMPLOYER CONTACT

JAMES LOMBARDI MIW 1217 WILLIAMSON ST MADISON WI 53703 W: (608) 266-4420 EMPLOYER: MADISON FIRE DEPARTMENT FIREFIGHTER STATION 3 CONTACT PATRICK KEARNEY MIW 1217 WILLIAMSON ST MADISON WI 53703 W: (608) 266-4420 EMPLOYER: MADISON FIRE DEPARTMENT FIREFIGHTER STATION 3

KEVIN KRUCHTEN MIW 1217 WILLIAMSON ST MADISON WI 53703 W: (608) 266-4420 EMPLOYER: MADISON FIRE DEPARTMENT FIREFIGHTER STATION 3

CONTACT

NARRATIVE:

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On 11/9/2012, I was conducting follow-up in reference case number 2012-320242. At approximately 12:20 p.m., I contacted Chief Ronald Schwenn per telephone from the Madison Fire Department in reference retrieving names and information of the Madison Fire Department employees that responded on scene at 513 South Baldwin Street in reference case number 2012-320242. Schwenn advised that Vogen and Crawley responded from station #1. Schwenn also advised that Annen, Lombardi, Kearney and Kruchten responded from station #3.

Supervisory Officer:

1.0.: _ __

Reporting Officer: OET SHANNON M SIIRILA mid

1.0.: 2966

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Report 10

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as: 11/9/2012 10- Residential Burglary 10- Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St 11/09/201202:46 Call Date/Time: Dispatch Date/Time: 11/09/201202:47 Reporting Officer: SGT GALEN C WIERING 2799 Special Routing:

From Date/Time: Thru Date/Time: Report sent:

OFFICER INFORMATION I was dressed in full military-style uniform. OFFICER NARRATIVE On 11/9/12 at approximately 2:47 am, several downtown officers were dispatched to a burglary in progress at 513 S Baldwin St. Shortly after that, PO Heimsness announced on the radio that a suspect had been shot. At this time I responded to the area to assist with the investigation. When I arrived on scene, I parked at the intersection of Williamson St. and S Baldwin st. and walked in on foot (I do not have in-squad video). When I approached the scene, PO Carrie Hemming and several firefighters at this point were conducting life-saving measures for the suspect who was shot. At this time I assisted by providing lighting with my flashlight. Shortly after that it was announced that any lifesaving measures would end as this suspect was deceased.

I then assisted the scene supervisor Sgt. Krahn for the nex1 several hours with small administrative tasks, for example assigning officers to perimeter positions, having officers canvass cars parked in the area, etc. I was on scene and assisting in this capacity until approximately 5:30 am when I was relieved.
NFAljak

Supervisory Officer:

1.0.: _ __

Reporting Officer: SGT GALEN C WIERING

1.0.: 2799

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Report 11
MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as: 11/9/2012 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer Involved Shooting Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/2012 02:46 Dispatch Date/Time: 11/09/2012 02:47 Reporting Officer: PO JODI K MCGILL 3904 Special Routing:

From Date/Time: Thru Date/Time: Report sent:

ALEX J REBACK MNV DOB:_1985 (27 yrs) Height: 6'00" Weight: 195 Color: BRm:yeColor: BLU S BALDWIN ST 1 MADISON WI 53703 C : . - . EMPLOYER: A GER CAB, 700 COTTAGE GROVE RD M~ HOW 10'0: WI PHOTO DL

CONTACT

I

·

OFFICER NARRATIVE On November 9,2012, at apprOXimately 2:47 a.m., I heard city channel 1 dispatch several officers to 513 S. Baldwin SI. reference a residential burglary in progress. Approximately two minutes later, I heard Officer Steve Heimsness advise that shots had been fired and that a suspect was down. I responded to this call with Officer Crose and Sergeant Fiore. When we arrived in the area a short time later, I was advised by Sergeant Fiore to provide scene security at the intersection of S. Baldwin St. and Jenifer SI. After standing at my post for several minutes, I observed a white male come out onto the porch of the house located at 503 S. Baldwin SI. to smoke a cigarette. I made contact with him and identified him as Alex J. Reback via his Wisconsin photo driver's license. Reback indicated that he is a resident of Apt. 1 at 503 S. Baldwin St. I asked Reback if he had heard or seen anything suspicious in his neighborhood this evening. Reback advised that he had not. He told me that he had arrived home between approximately 10:30 and 11 :00 p.m. that evening. Reback said that he stayed at home for the remainder of the evening and had stepped out onto his back porch at approximately 1:30 a.m. to smoke a cigarette, at which time he did not see or hear anything out of the ordinary. Reback made the comment that he had not seen anyone outside at that time. Reback advised that he had been inside his apartment, working on his computer, for most of the nighUearly morning since he had arrived home. He told me that he had been listening to music through headphones that were plugged into his computer. Reback said that the only reason he stepped out onto his front porch was because he sawall of the police car lights and wanted to see what was going on. Reback informed me that in addition to his first floor unit, there were also apartments on the second and third floor of his building. While I was speaking with Reback, Officer Sarah Boespflug went upstairs to attempt contact with the upstairs units, but advised that there was no response when she knocked. Reback told me that the who lives i 2 is named Michelle Haas Haas.

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starts with P and had a phone number of 6 0 8 . - f o r Larry. I told Reback that it would be best if he used the back side of his apartment off of ~ for exit and entry purposes for the next few hours. After speaking with Reback, I continued to maintain my position at the southeast and southwest corners of the intersection of S. Baldwin SI. and Jenifer SI., providing scene security. At approximately 4:08 a.m., Sergeant Fiore advised that I was relieved of my duties at the scene and should report back to the Central Police District to complete my report. NFAljlt Supervisory Officer: Reporting Officer:
PO JODI K MCGILL I.D.: _ __

I.D.: 3904

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Report 12

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as: 11/9/2012 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer-Involved Shooting Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch Date/Time: 11/09/201202:52 Reporting Officer: PO NATHANIEL L LUJAN 4471 Special Routing:

From Date/Time: Thru Date/Time: Report sent:

CONTACT

JEREMY P LUND MIW DOB: _1978 (34 yrs)

NARRATIVE: On 11/9/12, I was acting in my official capacity as a City of Madison Police Officer, wearing full military-style uniform, and driving fully marked squad C414. I was assigned to patrol services in the Central District, working as 503 from 11 :00 PM to 7:00 AM. After clearing from a call near the intersection of N Henry St and W Gilman St, I heard PO Steve Heimsness announce on city channel 1 a report of shots fired near his location at 513 S Baldwin St, in the city of Madison. Please refer to the other officer reports under this case number for additional information regarding this investigation. It was at this point that I drove to the scene of PO Heimsness, at which time I activated my squad's overhead emergency lights and siren. I drove in emergency mode to PO Heimsness' location, operating my vehicle with due regard for traffic. At approximately 2:53 AM, I arrived near the scene of the incident. Due to the fact there were multiple MPD squads on the 500 block of S Baldwin St, I parked my squad just south of Williamson St on S Baldwin St in an attempt to block traffic from entering the crime scene. I was later instructed by Sgt Wiering to move my squad and block the south side of the intersection of Jenifer St and S Baldwin St. It was at this point that I assisted with setting up crime scene tape so that no unauthorized foot traffic would proceed on the 500 block of S Baldwin St. After setting up the crime scene tape, I remained on scene near my squad, which had its emergency lights activated. The time this outermost perimeter was set up and secured was approximately 3:05 AM. I was told by Sgt. Krahn that authorized personnel would be able to cross this line of crime scene tape due to the fact that the primary partitioned off area was further down the block. It was at that point where a log would be kept of persons coming and going from the immediate area closest to the scene. Please refer to PO Cherne's supplemental report, as she maintained this log during my time on scene. I was later instructed by Sgt Krahn to attempt contact with residents of the 500 block of S Baldwin St and attempt to seek a statement from them in the event that they had not spoken to police earlier.

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At approximately 6:35 AM, I contacted a resident o f . S Baldwin St apt. identified verbally as Jeremy P. Lund. Lund told me he had already spokeii'TO a male police o~r with a larger frame wearing a leather jacket and baseball cap. Due to the fact that I had been on scene earlier, I knew this person to be PO Tyler Grigg. Please refer to PO Grigg's supplemental report for additional information regarding his statement from Lund. At approximately 7:45 AM, I was told by Sgt Krahn to clear from the scene, as another officer had been assigned my duties at the outer perimeter. I then drove to the CCB, wherein I dictated this report and spoke to the command post and advised them of my role in this incident. NFNace Supervisory Officer: Reporting Officer: PO NATHANIEL L LUJAN
I.D.: _ __

I.D.: 4471

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Report 13
MADISON POLICE DEPARTMENT

Report Completed: 111912012 Occurred Incident: Dispatched as: 10 - Residential Burglary 10- Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call Date/Time: 111091201202:46 Dispatch Date/Time: 11/09/201202:52 Reporting Officer: PO KATHRYN A CHERNE 3222 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

NARRATIVE: On 11-09-12, at approximately 2:46 a.m., officers were dispatched to 513 S. Baldwin St. reference someone inside the home that had possibly broken in. Several officers responded and a few moments later I heard PO Steve Heimsness that shots had been fired. PO Sonny Martinez and I immediately responded. I also heard PO Heimsness advise that officers were okay on scene and that the subject was down. As we continued to respond in, PO Heimsness advised that the subject was PNB. As we approached the scene and parked, several other officers were also arriving. As I walked up to the area of 513 S. Baldwin St., I observed PO Troumbly standing next to a white male that was lying on the sidewalk. I also observed several other officers at the residence and Investigator Mike McEvoy was also on scene with yellow police line tape. As Inv. McEvoy began putting up the tape, Sg!. Karen Krahn, who was also on scene, requested that I begin to take a log of everyone who was at the scene. As the pOlice line tape was still being put up, I noted that police officers Zulma Franco, Stacy Troumbly, Carrie Hemming-Cotter, Sg!. Tony Fiore, PO Tyler Grigg, PO Chad Crose, PO Sonny Martinez, Sg!. Galen Wiering, PO Bernie Albright and PO Jacob Conrad were all on scene or walking up to this area of the scene. During this time fire/rescue was also approaching the area and EMTs and paramedics were approaching the downed male. From Medic 1 I identified a Todd Crawley, Jeff Vogen, and from Engine 3 I identified a Kevin Kruchten, Jeff Annen, Jim Lombardi and Patrick Kearney. I also observed that PO Jeff Felt had arrived on scene. At 3:08 a.m., Medic 1, which had been parked in the scene, did exit along with all of the personnel associated with it. At the same time, Engine 3 personnel did exit the scene, as well. At this time the crime scene tape was up surrounding the scene and I made a log of everyone as they came in and out of the scene. At 3:12 a.m., Sg!. Galen Wiering, PO Carrie Hemming-Cotter, PO Stacy Troumbly and Sgt. Krahn exited the scene. At 3:14 a.m., PO Bernie Albright left the scene.

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At 3:15 a.m., Sgt. Tony Fiore and PO Zulma Franco exited the scene and PO Bernie Albright entered the scene. At 3:16 a.m., PO Albright exited the scene. At 3: 17 a.m., PO Franco entered the scene. At 3:21 a.m., PO Albright entered the scene and left at 3:22 a.m. At 3:23 a.m., Sgt. Karen Krahn and Sgt. Tony Fiore entered the scene and each exited the scene at 3:25 a.m. At 3:25 a.m., Sgt. Galen Wiering and Sgt. Krahn entered the scene and left at 3:26 a.m. At 3:27 a.m., PO Albright and Sgt. Krahn entered the scene and left the scene at 3:28 a.m. At 3:35 a.m., PO Dave Mertz entered the scene and left at 3:36 a.m. At 3:41 a.m., Inv. Parr arrived and remained on scene with Inv. McEvoy. Inv. McEvoy and Inv. Parr remained on scene until I was relieved at 6:35 a.m. At 3:42 a.m., PO Dan Frei entered the scene and left at 3:45 a.m. At 4:14 a.m., Sgt. Galen Wiering entered the scene and exited at 4:16 a.m. At 4:34 a.m., Vincent Tranchida (medical examiner) and Kurt Karbusicky (an investigator for the Medical Examiner's Office) arrived on scene and remained there until 4:38 a.m. At 4:38 a.m., Detective Michelle Riesterer arrived and entered the scene and left at 4:42 a.m. At 4:48 a.m., Detectives Greg Esser and Michelle Riesterer entered the scene and left together at 5:21 a.m. At 5:02 a.m., Sgt. Karen Krahn entered the scene and left at 5:12 a.m. At 5:33 a.m. Detective Riesterer entered the scene and left at 5:54 a.m. At 5:35 a.m. PO Mertz entered the scene and left at 5:36 a.m. PO Mertz entered the scene again at 5:40 a.m. and left at 5:50 a.m. At 5:43 a.m., Tranchida, Karbusicky and Mike Schlicht, also from the Medical Examiner's Office, entered the scene and Schlicht and Karbusicky left at 6:30 a.m. and Tranchida left at 6:31 a.m. At 5:50 a.m., Detective Julie Johnson arrived and exited the scene at 5:51 a.m. She reentered the scene at 5:52 a.m. and exited at 5:54 a.m. At 5:52 a.m. District Attorney Mary Ellen Karst entered the scene and left the scene at 5:54 a.m. At 5:53 a.m., Detective Dorothy Rietzler entered the scene and left the scene at 5:54 a.m. At 5:57 a.m., Detective Julie Johnson entered the scene and left the scene within that minute.

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At 6 a.m., Detective Johnson entered the scene again, leaving at 6:07 a.m. At 6:07 a.m., DA Mary Ellen Karst, Det. Michelle Riesterer, De!. Dorothy Rietzler, De!. Julie Johnson entered the scene and remained on scene until I was relieved at 6:35 a.m. At 6:19 a.m., PO Mertz entered the scene and left the scene at 6:30 a.m. At 6:27 a.m., Funeral Director from Ryan Funeral Homes, Stacy Patterson, entered the scene and left the scene at 6:30 a.m. with the downed subject. I was relieved at 6:35 a.m. by PO Andy Slawek. While I was maintaining log, Sg!. Galen Wiering requested that I record the license plates of vehicles parked on the block there. The vehicles parked on the street starting from Jenifer S!. and traveling south toward Spaight and on the west side of the street bore the following license plates: 270-SXF; 290-SGU; 702-HDW; 922-LUR; WDH-111. On the east side of the street in the same order the license plates are as follows: 430-RUA; 146GGG; California license plate 6FVZ370; Truck plate AE3958; 413-UAK; 116-PKR. Also parked in the driveway adjacent to 514 S. Baldwin was Wisconsin 153-RGG. On the other side of 514 S. Baldwin was WML-318. In the driveway between 513 and 515 S. Baldwin was 152-TNV. At 6:35 a.m., I advised PO Slawek of the individuals that still remained on scene, which were as follows: Officer Zulma Franco, Detectives Michelle Riesterer, Dorothy Rietzler, Julie Johnson and District Attorney Mary Ellen Karst, and Investigators Parr and McEvoy. I then checked in with Sg!. Krahn and left the scene. NFA Supervisory Officer: Reporting Officer: PO KATHRYN A CHERNE jmn
I.D.: _ __

I.D.: 3222

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Report 14

MADISON POLICE DEPARTMENT Report Completed: 11/9/2012 Occurred Incident: Dispatched as: 10- Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETIE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201202:47 Reporting Officer: PO JACOB L CONRAD 4872 Special Routing:

From Date/Time: Thru Date/Time: Report sent:

OFFICER NARRATIVE On 11/9/12 at 2:47 am, officers were dispatched to 513 S Baldwin St. in reference to a possible residential burglary in progress. At that time, I began heading in the direction of the call. Upon my arrival on scene, I was instructed by Sgt. Karen Krahn to take a perimeter position in the rear southeast corner of the residence while other officers cleared the residence. After the residence had been cleared, I was then instructed by Sg!. Krahn to take a perimeter post on the outside of the south side of the scene. While on the perimeter post, I noted the license plates of all the vehicles that were parked on the street around or in the scene. The vehicles located around or in the scene were WI registration 413-UAK, which was parked in front of 511 S Baldwin St. WI registration 116-PKR was parked in front of 513 S Baldwin S!. MI registration 1HMZ10 was parked in front of 515 S Baldwin SI. WI registration 137-PCS was parked directly behind the vehicle with the Michigan plate that was parked in front of 515 S Baldwin SI. WI Endangered plate 45856E was parked on the northeast corner of Spaight and Baldwin SI. on Baldwin SI. WI registration 538-KEF was parked on Baldwin SI. in front of 1256 Spaight SI. TN registration G1262F was also parked on Baldwin SI. in front of 1256 Spaight SI. Finally, WI registration 152-TNV was parked in the driveway between 513 S Baldwin SI. and 515 S Baldwin SI. NFNjak 1.0.: _ __ __

Supervisory Officer: Reporting Officer: PO JACOB L CONRAD

1.0.: 4872

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53

Report 15 MADISON POLICE DEPARTMENT Report Completed: Occurred Incident: Dispatched as: 11/9/2012 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Field Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Residential Burglary Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11109/201202:52 Reporting Officer: PO CARRIE K HEMMING-COTTER 2627 Special Routing:

From Date/Time: Thru DatelTime: Report sent: 11/9/125:39 AM

NARRATIVE: On 11/09/12 at 0247 I was on a threats complaint at 445 W Johnson St when I heard officers sent to an address on S Baldwin St for a burglary in progress. I then heard PO Heimsness air information that a suspect was down and the channel 1 emergency marker was turned on. Therefore I left the call I was on and started to the S Baldwin call emergent. While en route, I was advised by dispatch that PO Heimsness had called out an officer involved shooting with the suspect down. I happened to be monitoring the MFD dispatch channel and as I turned on to Baldwin, I heard station 3 get paged to the same incident I was responding to, therefore as I was pulling up I knew that there was no advanced medical care yet on scene. I grabbed my medical jump kit and responded directly to the suspect that had been shot. The suspect was laying supine on the edge of what appeared to be a driveway, partially in the terrace area. PO Stacey Troumbly was standing next to him. She advised that the suspect had just had agonal breathing. Since the down time was very short, even though it was a traumatic PNB, I felt I needed to attempt resuscitative efforts. I asked PO Troumbly to start compressions as I cut the suspect's shirt off. I cut through two shirts, but I do not recall the descriptions of those shirts. I found the suspect had what was consistent with a gun shot wound to his upper right chest and then another similar wound in his right armpit area. Both were actively bleeding and gurgling, indicating a thoracic/pulmonary wound. I attempted to bandage them with an Olase bandage and hold pressure on the bleeding while PO Troumbly continued with chest compressions. In order to allow chest compression to not be interrupted, I chose not to roll the suspect to search for additional wounds. The suspect's eyes were open and I could see his pupils were dilated and not responding to light. His mouth/airway was filling up with blood. I attempted to clear his airway by rolling his head to the side to let the blood drain out, but the mouth/airway continued to fill up with blood. Upon MFD arrival I informed them we had a traumatic PNB with at least two gunshots and an uncontrolled airway full of blood. MFD personnel did suction the airway. I took over compressions for PO Troumbly as the defibrillator pads were applied. The suspect had good pulses with compressions but had no independent detectable pulse and the cardiac monitor showed asystole. MFD decided to stop resuscitative efforts. The time was noted to dispatch which I later found in the call notes was at 0300. I assisted MFD with covering the decedent with a blanket. I then stayed with PO Troumbly as assigned by Sgt Karen Krahn as PO Troumbly had been on scene when the shooting occurred. I was released from my assignment with PO Troumbly as she was being accompanied by PO Dan Frei to an interview location.

Supervisory Officer: Reporting Officer: PO CARRIE K HEMMING-COTTER

1.0.: _ __ 1.0.: 2627

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jmn

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Report 16

55

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
11/9/2012

10 - Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer Involved Shooting Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch Date/Time: 11/09/201202:47 Reporting Officer: PO SARAH E BOESPFLUG 4019 Special Routing:

From DatelTime: Thru Date/Time: Report sent:

CONTACT

HOWID'D: CONTACT

.S
_S

~BALLY

IAN K ANDERSON MNV DOB: _1979 (32 yrs) BALDWIN ST MADISON WI 53713

HOWID'D: CONTACT

REBECCA A SCHROEDER FNV DOB:_1981 (31 yrs) . . S BALDWiN ST MADISON WI 53713 C: mBALLY

~ DOB: _1981 (30 yrs)
BALDwiN ST MADISON WI 53713 C:

CHRISTINA R ANDERSON

OFFICER NARRATIVE On November 9,2012, at 2:47 a.m., I responded to the 500 block of S. Baldwin SI., where I made contact with Sergeant Krahn. Sergeant Krahn asked that the neighborhood be canvassed and that neighbors be contacted to see if anything was seen or heard that evening. I contacted the residents of 507 S. Baldwin SI. and identified each of them individually. The first individual I identified was Ian K. Anderson. Ian stated that he was awoken just a short time prior to my contact with him by the sound of a very loud bang. Ian stated that it sounded as if the bang came from inside of his residence and he waited a couple minutes and then immediately sawall of the lights from the police cars. Ian stated that at that time, he knew something wasn't quite right and he just waited until he was contacted by a Police Officer. Ian stated that other than that, he did not see anything and only heard the one loud bang. I then made contact with Christina Anderson, who also lives at.-s. Baldwin SI. Christina stated that she was awoken by Ian when he heard one loud bang and that~ too then sawall the police car lights and realized something must not be right. Christina stated that she too just waited for contact from the Police Department. Christina stated that she had not heard anything and would not have woken up if Ian hadn't woken her. I then spoke with Rebecca Schroeder, who also lives at.S. Baldwin SI. Rebecca stated that she was awoken by the sound of several police sirens in the area, looked outside, and sawall of the lights and just went back to bed at that time. Schroeder stated that she did not hear or see anything other than thaI.

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At that time, other officers were contacting other neighbors and Sergeant Krahn released me from the area, NFAljlt Supervisory Officer:
1.0,: _ __

Reporting Officer:

I.D,: 4019

PO SARAH E BOESPFLUG

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Report 17

57

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
11/9/2012

Case No: Ref. No: Grid:

2012-320242 Supplement

10 - Residential Burglary 10 - Residential Burglary

Sec/Area: 410 CENTRAL

MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch DatelTime: 11/09/201202:47 Reporting Officer: PO CHAD T CROSE 3997 Special Routing: VIDEO

From Date/Time: Thru DatelTime: Report sent:

VIDEO EVIDENCE On 11/9/12, Officer Heimsness was operating marked squad number C367, which is equipped with an in-car data, capture system. On 11/9/12 at approximately 4:23 am, I successfully downloaded all data files at the CCB data transfer downloading station for C367. OFFICER NARRATIVE On 11/9/12 at approximately 2:47 am, officers were dispatched to 513 S Baldwin St. reference a possible burglary in progress. A short time later I heard, via police radio, Officer Heimsness call out shots fired. I then responded to the scene along with Sgt. Fiore and Officer Jodi McGill. Upon arrival I was instructed by Sgt. Fiore to go to the rear of 513 S Baldwin st. while other officers were clearing the residence. I then went to the northeast corner of 513 S Baldwin St. while officers were clearing the residence. I then stood guard at the northeast corner of 513 S Baldwin st. I made sure that no one entered the scene from this area. NFNjak

Supervisory Officer:

1.0.: _ __

Reporting Officer: PO CHAD T CROSE

1.0.: 3997

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Report 18

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
11/9/2012

10 - Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer Involved Shooting Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201202:47 Reporting Officer: PO BERNARD J ALBRIGHT 4437 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

OFFICER NARRATIVE Initial Information On November 8, 2012, I was working the 4D13 assignment. I was dressed in full military-style Madison Police Department uniform. I was using marked squad car number C463. Response to Scene At approximately 2:50 a.m. on November 9,2012, I heard Officer Heimsness announce on channel 1 that there had been shots fired, with a suspect down, at the scene of the call he was on at 513 S. Baldwin St. I responded to that area from the 200 block of Langdon St. I arrived at approximately 2:53 a.m. There were already numerous officers on scene. I did not interview anyone as part of my duties at the scene. I did not handle any evidence while at the scene. My responsibilities were primarily scene security, including putting up yellow crime scene tape and making sure that no unauthorized people entered into the scene where they did not belong. Sergeant Wiering excused me from the scene at approximately 4:22 a.m. NFAljlt
Supervisory Officer: 1.0.: _ ___ __

Reporting Officer: PO BERNARD J ALBRIGHT

1.0.: 4437

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Report 19

MADISON POLICE DEPARTMENT Report Completed: 11/9/2012 Occurred Incident: Dispatched as: 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch Date/Time: 11109/201202:47 Reporting Officer: PO JEFFREY A FELT 2865 Special Routing:

From DatelTime: Thru Date/Time: Report sent:

NATHAN A ROYKO-MAUER MNV DOB: _1973 (39 yrs) BALDWiFrsTIMADISON WI C: EMPLOYER: "UvV-MADISON HOW ID'D: WI PHOTO DL CONTACT KIMBERLY A KRAUTKRAMER FNV DOB:_1986 (26 yrs) . S BALDvVi'N ST .MADISON WI C: '!jWMED STUDENr VERBALLY

CONTACT

.S

SCHOOL: HOWID'D:

OFFICER NARRATIVE At approximately 2:47 am on 11/9/12, I was working in my capacity as a K-9 officer for the City of Madison Police Department when a residential burglary in progress was dispatched at 513 S Baldwin St. Several downtown officers were dispatched and responded. I was near the address and began to head in that direction when Officer Steve Heimsness arrived on scene. Shortly thereafter, Officer Heimsness advised that there was a "10-10," which means a fight and that shots were fired. Officer Heimsness stated that the suspect was down. I arrived on scene at approximately 2:53 am. Upon arriving, there were already several officers on scene. Initially, I contacted Sg!. Karen Krahn who asked me to stay with Officer Heimsness, who had returned to his squad and was seated inside the squad near the intersection of Spaight St. and S Baldwin St. I walked over to the squad and spoke briefly with Officer Heimsness. I could see that Officer Dan Frei had arrived on scene and was walking in our direction. Officer Frei then relieved me and remained with Officer Heimsness. I walked back to Sg!. Krahn and contacted her to see what additional assistance she needed. She asked that we begin canvassing the nearby residences. Officer Tyler Grigg, Officer Sarah Boespflug and I began contacting residents on S Baldwin SI. north of the address of occurrence. I initially made contact a t . S Baldwin SI., which is a two-flat. After ringing the doorbell and knocking on the door several times, a male from the top apartment, no. 2, came to the front door. That individual was later identified with a WI photo DL as Royko-Mauer. Royko-Mauer stepped out onto the front porch of the residence where we spoke. I asked Royko-Mauer if he heard anything earlier. He told me shortly before I arrived at his door he was asleep upstairs in his bedroom. Royko-Mauer's bedroom faces the back side of the residence. He told me that he was awoken and heard some "indecipherable shouting." Next, he recalled hearing someone yell, "Get down." Royko-Mauer thought that he heard someone yell get down more than once but cou Id not be sure, that was followed by several what he

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thought were gunshots. Royko-Mauer estimated there were approximately five gunshots. He told me he then ran to the front of his residence, which faces the street where the shooting occurred, and looked out his front window. At that point, he said he saw several police officers out on the street. He told me that he did not hear anything additional. As I was speaking to him, a female from apt. Icame to her door. I asked her if she would mind going back into her residence, and after I was done speaking with Royko-Mauer I would come and speak with her. She did go back into her residence, and it was approximately at that time that a female, who I did not identify, came down from apt.' She was asking what had happened, and I told her there was a shooting next door, and she mentioned that she didn't think that their roommate had come home yet. I asked what the roommate's name was, and Royko-Mauer told me, "Paul Heenan." Royko-Mauer indicated that Heenan had been out drinking and they had gone to bed and were not sure if he had arrived home yet. The two of them went up to check and see if he had returned home. At that point, I knocked on the first flat. The female I had seen earlier came to the door. She was identified verbally as Krautkramer. Krautkramer told me that she did not hear anything. She was asleep and woke up to her doorbell ringing and someone pounding on her door. She told me she was apprehensive to come to the door because of the time and eventually looked out and saw the police were outside and did come to the door. She, again, did not hear anything. At that point, I returned to Sgt. Krahn and briefed her on the information I was provided. A short time later, Officer Frei asked me to stay with Officer Heimsness as he had another task to carry out. Officer Heimsness was still sitting in his vehicle, and I walked back over and stood by him for approximately 10 minutes or so. After a short time, Officer Frei, Sgt. Krahn and Sgt. Fiore came back over to Officer Heimsness's squad and had a conversation with him. Officer Heimsness then left the area. At that point, where Officer Heimsness's squad was parked at the intersection of S Baldwin and Spaight St., there was an opening in the outer perimeter of the scene. There was a squad parked inside the crime scene tape, which was C409. I did back that squad up to fill the void in the outer perimeter, which was created when Officer Heimsness's squad was moved. I did that at approximately 4: 15 am. Shortly thereafter, Sgt. Wiering contacted me and said that I could clear from the scene. NFNjak
1.0.: _ __

Supervisory Officer: Reporting Officer: PO JEFFREY A FELT

1.0.: 2865

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Report 20

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
11/9/2012

10 - Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201202:52 Reporting Officer: PO SONNY N MARTINEZ 4223 Special Routing:

From Date/Time: Thru DatelTime: Report sent:

OFFICER NARRATIVE On 11/9/12 at approximately 2:46 am I heard over the radio an officer involved shooting. Myself and Officer Cherne responded to the 513 S Baldwin St. address to assist with the officer involved shooting. When I arrived on scene, I was instructed by Sgt. Fiore to clear the residence with Officer Dave Mertz. After I assisted with clearing the residence, finding no other individuals present other than the homeowners, I then was instructed by Sgt. Wiering to gather the names of the firefighters on scene that were attending to the downed white male individual.
Medic 1

1. Jeff A. Vogen 2. Todd Crawley
Engine 3 1. Patrick S. Kearney 2. Kevin K. Kruchten After I gathered the firefighters' information and they had left the scene, I was instructed by Sg!. Wiering to now protect the downed individual for evidence and make sure nobody contaminates the scene. I began watching the downed individual at 3:08 am on 11/9/12. During that time only Sgt. Krahn made close contact with the body, retrieving one item of EMS property that was left behind, which was located on the right side off the right shoulder of the downed male. No other contact was made by Sgt. Krahn after that point. The next individuals to have close contact with the downed male was Inv. McEvoy and Inv. Parr for photos and evidence collection. The next individual to make contact with the downed male individual was then the medical examiners. The three medical examiners involved were Michael Schlicht, Vincent Tranchida and Kurt Karbusicky. Medical Examiner Karbusicky sealed the body bag at 6:25 am on 11/9/12. Stacy Patterson from Ryan Funeral Home assisted in placing the downed male into a funeral bag and onto the cot to the transport van. I then followed the transport van at 6:34 am on 11/9/12. At 6:41 am on 11/9/12 I then arrived to the morgue holding area with the downed male in the back of the van. I then maintained a visual view of the downed male individual still in the sealed bag as he was escorted into the holding room and then tagged by Medical Examiners Karbusicky and Schlicht. Medical Examiners Karbusicky and Schlicht then sealed the downed male individual into the Dane County morgue locker at 6:48 am on 11/9/12. I then had a brief discussion with Sg!. Krahn to see if there was anything else before I left the morgue area. Sgt. Krahn stated that at that point there was no need to stand by with the downed male since he was secured in the morgue area.

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NFNjak
Supervisory Officer: Reporting Officer: PO SONNY N MARTINEZ I.D.: _ __ I.D.: 4223

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Report 21

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
11/9/2012

10 - Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: HOMICIDE INVESTIGATION Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11109/201202:46 Dispatch DatelTime: 11/09/201202:47 Reporting Officer: SGT ANTHONY FIORE 2864 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

OFFICER NARRATIVE On 11/9/2012, at approximately 2:46 a.m., I heard officers being dispatched to the area of 513 South Baldwin Street for possibly a burglary in progress. Shortly thereafter, I heard Officer Heimsness advise on the air of shots fired. At that time, myself, Officer Jodi McGill, and Officer Chad Crose were in the City-County Building ending our tour of duty. We proceeded to that location in squad 504, arriving at approximately 2:54 a.m. Upon arrival at the scene, we parked near the intersection of Jenifer Street and South Baldwin Street and proceeded on foot to the area of 513 South Baldwin Street. As I approached, I did observe a male white subject lying on the ground near approximately the sidewalk in front of 513 South Baldwin Street. The suspect appeared ashen in color and did not appear moving. At that point, it appeared that the residence involved had not been cleared at which pOint I directed Officer Zulma Franco, Officer David Mertz, and Officer Sonny Martinez to assist me in securing the residence. I did speak briefly with the resident in that location who advised that his wife and 4 children were in the upstairs of the residence. Given his sense that his children would be upset, as well as his wife, I did have him accompany Officer Mertz and Officer Martinez into the upstairs as they secured the residence. Me and Officer Zulma Franco proceeded clearing the main floor without noticing anything obviously displaced. Once the residence was secured, I proceeded back outside and observed Officer Hemming performing chest compressions on the subject who was on the ground. I assisted Officer Hemming in providing light with my flashlight and stood by until EMS arrived on scene. I asked Officer Martinez to replace me so I could continue with other duties. I did assist by stationing Officer Crose in the back yard to the residence, as well as establishing directing officers to hang crime scene tape creating both an inner crime scene as well as a broader crime scene. I also directed Officer Felt and Officer Mertz to assist in canvassing the residents in the 500 block of South Baldwin Street. I remained on scene assisting with the coordination of the investigation efforts and conferred with Sergeant Krahn. I did not conduct any interviews, although I did speak briefly with the resident neighbor directly to the north of 513 South Baldwin Street. I advised him only that we had been called for some type of disturbance and that there was a party injured. I believe Officer Felt followed up with identifying and taking a complete statement from that subject. I remained on scene and did observe Officer Heimsness in his squad car parked near the intersection of Spaight Street. I spoke with him briefly and asked him, "Are you doing okay?" He stated, "I'm doing good." Once Captain Gloede arrived on scene, it was determined to meet Officer Heimsness at the CitY-County Building to download his squad video. I did direct Officer Crose and Officer McGill to assist in that task once we arrived at the City-County Building. We cleared from the scene at the direction of Captain Gloede and after informing Sergeant Krahn of doing so. NFAlmld

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64 64

Reporting Officer: Reporting Officer: SGT ANTHONY FIORE SGT ANTHONY FIORE

I.D.: 2864 I.D.: 2864

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Report 22 MADISON POLICE DEPARTMENT Report Completed: Occurred Incident: Dispatched as: 11/9/2012 10- Residential Burglary 10- Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

OFFICER-INVOLVED SHOOTING/BURGLARY Case Offense: Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: PO ANDREW B SLAWEK 2565 Special Routing:

From Date/Time: Thru Date/Time: Report sent:

OFFICER NARRATIVE On 11/9/12 I was dressed in full military-style uniform, working 6:00am to 2:00pm for the City of Madison Police Department in the Traffic Enforcement Safety Team unit. At early briefing I was advised that I would be needed for a perimeter at the address of an officer-involved shooting at 513 South Baldwin Street. Please see other reports for further information. At approximately 6:35am I arrived and took over the inner perimeter from PO Cherne. PO Cherne and I collaborated on our times and at that time I had the inner perimeter around the 513 South Baldwin Street, which was already roped off with crime scene tape. I received my instructions from PO Cherne that at this time the Sl's currently present, Parr and McEvoy, did not need to be noted entering or exiting, as they were on the scene conducting their investigation. PO Cherne did advise me that I needed to write anybody else who entered the inner perimeter, the time they entered, and the time they left. At 6:35am I did so. Time 6:35am 6:41am 6:43am 6:44am 6:48am 6:52am 6:58am 6:59am 7:01am 7:03am 7:08am 7:12am 7:16am 7:22am 7:23am 7:24am 7:37am 7:41am 7:39am 7:41am 7:42am 7:43am 7:50am 7:52am Persons Entered/Exited Detective Rietzler exited DA Mary Ellen Karst exited Detective Riesterer entered Detective Rietzler exited Detective Rietzler entered PO Dailey entered PO Z. Franco entered Detectives Johnson and Nachtigal exited Detective Riesterer exited Detective Johnson entered Detectives Riesterer and Nachtigal entered Detective Johnson exited Detective Riesterer exited Detective Johnson entered Detectives Rietzler and Nachtigal exited Detective Riesterer and DA Ismael Ozanne entered Sergeant Rahaman entered/exited DA Ozanne exited Detective Riesterer exited Detective Riesterer entered Detective Riesterer exited Detective Esser exited Detective Rietzler entered/exited Detective Johnson entered/exited
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At approximately 8:17am I was relieved by Officer Beatty, who then took the inner perimeter and made the following notes of who entered and exited the perimeter:
Time 8:22am 8:26am 8:26am 8:28am 8:29am 8:30am 8:30am Persons Entered/Exited Detective Esser and Julie Foley entered Detective Riesterer entered Detective Johnson entered Ser~eant Sergeant Tripke entered Sergeant Tripke exited Tr~ke Detectives Esser, Johnson, and Riesterer exited Patrick Love (508 South Baldwin Street) entered/exited

I then took over the inner perimeter from Officer Beatty at 8:34am, and the following is my log of who entered and exited the inner perimeter.
Persons Entered/Exited Jane Lombardo and Detective Nachti al entered

At approximately 8:51 am I was relieved by PO Alvarez, who did the following log of who entered and exited the inner perimeter. I then went in to assist with work in CV1. The following log is from PO Alvarez: Time 8:51am 9:04am 9:05am 9:06am
Persons Entered/Exited PO Slawek exited/PO Alvarez entered/Detective Nachtigal entered NachtiQal Detective Nachtigal exited Detective Nachtigal entered Foley exited/PO Alvarez exited

At approximately 9:06am I relieved PO Alvarez at the inner perimeter and took over log duties. The g:06am following is my log from 9:06am:
Time 9:11am 9:15am 9:18am 9:20am 9:24am 9:26am 9:34am 9:43am 9:43am Persons Entered/Exited Detective Nachtigal exited Lieutenant Strassman entered Lieutenant Strassman exited/Detective NachtiQal entered Nachtigal PO Dailey entered/exited Lombardo and Detective Nachtigal exited Lombardo and Foley entered Detective Nachtigal entered Resident Kevin exited Detective Nachtigal exited/entered

At approximately 9:50am PO Alvarez took over for me at the inner perimeter and I left for a quick break in my squad car. The following is what PO Alvarez noted:
Persons Entered/Exited Time 9:51am Detective Johnson entered Nathan Royko and Maurer (residents of 509 South 9:52am Street) Baldwin Streetl exited 9:51am Detectives Nachtigal and Johnson exited 9:59am Kevin O'Malley and Lombardo and Foley exited

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,-;;--- -

Persons Entered/Exited Lombardo entered/PO Slawek and PO Alvarez exited

----.--;,--:---;;--;--.;;:;-0;--.,--------,

At approximately 10:05am I replaced PO Alvarez in the inner perimeter, and the following are my notes from that monitoring: Time 10:05am 10:09am 10:15am 10:18am 10:19am 10:25am 10:27am 10:28am 10:30am Persons Entered/Exited DCSO Tim Schuetz entered/Lieutenant Olivas entered Lombardo entered/exited Detectives Helgren, Buechner, and Julie Foley entered Detectives Johnson and Nachtigal entered Detectives Buechner, Helgren, Nachtigal, Johnson, and Julie Foley and Lombardo exited PO Troumbly, Detective Buechner, Attorney Shower, WPPA rep Derkin (ph.), Detectives Austin, Helgren, Riesterer, and Esser entered Police Officer Dan Frei entered Detective Esser exited Detective Esser entered

At approximately 10:34am I was replaced again by PO Alvarez as he took the inner perimeter, and the following are his notes: Persons Entered/Exited Time 10:39am Detective Esser exited PO Troumbly, Detective Buechner, Attorney Shower, 10:45am WPPA Derkin, Detectives Austin, Helgren, and Riesterer, and PO Frei exited 10:52am Detectives Helgren and Buechner entered 11:02am Detective Esser entered/exited 11:03am Detectives Buechner and Helgren exited Detectives Buechner, Riesterer, Helgren, and 11:04am Investigator Holum entered 11:06am Detective Esser and Lieutenant Olivas entered 11:09am DCSO Scheutz entered 11:12am Lieutenant Olivas exited 11 :13am Detectives Esser and Riesterer exited 11 :15am DCSO Scheutz exited 11:16am Detectives Buechner and Helgren exited 11:36am Investigator Holum entered At 11 :36am I also came in and replaced PO Alvarez at the inner perimeter. I then noticed a mail person, later iden~ as Diane Rockett (female white,_60), and a taller male white, identified as Jay Baldwin _/56) enter from the south part of i:ra'krwin Street and were walking in front of 513 Baldwin heading to 511 Baldwin. I immediately stopped them at 11 :35am and USPS. found out that they were representing the USPS, They informed me that Officer Michael Beatty had 509, informed them that they could deliver mail to the entire block except for 509. At this time SI Holum did not want them at the scene at all, and I escorted them away from the scene at 11: 38am and advised them not to enter the scene until everything was taken down, down. Persons Entered/Exited Detectives D hr and Baio exited

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r.:;:-;~-c;;;:;~--

Time Persons Entered/Exited 11 :38am Detective Baio entered 11:41am Detective Baio exited 11 :43am Detective Baio entered Schmidt's Towing driver John Thorp (257 0500) escorted 11:59am in by Detectives Baio and Dyhr to move van with plate 702HDW off the street 12:03pm Thorp, Detectives Baio and Dyhr exited Detectives Messer, Johnson, Luedtke, Coroner Kurt 12:12pm Karbusicky, SI Mueller entered 509 South Baldwin Street 12:27pm SI Mueller and Coroner Karbusicky exited 12:29pm SI Mueller entered 12:34pm SI Mueller exited 12:36pm SI Mueller entered

I was then relieved by PO Beckfield at approximately 12:53pm, and my log ended and PO Beckfield continued his. NFl/jas Supervisory Officer:
I.D.:~_ _

Reporting Officer: PO ANDREW B SLAWEK

1.0.: 2565

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Report 23

MADISON POLICE DEPARTMENT Report Completed: Occurred Incident: Dispatched as: 11/9/2012 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer Involved Shooting Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11109/201206:02 Reporting Officer: INV THOMAS J PARR 2871 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

VICTIM

HOWID'D: INJURIES:

KEVIN T O'MALLEY MIW DOB:_1973 (39 yrs) Height: 5'09" Weight: 145 HairColor: ~yeColor: GRN 513 S BALDWIN ST MADISON WI VERBALLY SCRATCHES ON INNER RIGHT FOREARM/ NJURY ON OUTER RIGHT FOREARM

ATTACHED • Scanned copy MPD Buccal Swab DNA Sample Collection Form from Kevin O'Malley • Scanned copy of MPD Forensic Services Unit Video Form • Pictures of Victim's Key Ring as well as Kevin O'Malley's Injuries PROPERTY
INVT. Parr

Officer Involved Shooting

5135 Baldwin St

2871

Evid.
II

DESCRIPTION

WHERE FOUND

Swab Brand flat #

Collected
11/9/2012
AM

Tag"

Storage
11/9/2012

Storage

11/9/2012

eeB
10:36AM

eeB
10:59 AM

A
6

Scene Video

500 Block 5 Baldwin St House Key from 513 S Baldwin St Kevin Omalley's T·Shlrt from altercation Kevin Omalley's Red/Gry Pajama Bottoms Buccal Kit Kevin O'Malley Right Inner Wrist Kevin O'Malley Scratch House keys and ring from S13 5 Baldwin St

NA
Puritan Pur-Wraps /2910

4:42

291337
291338 291339

X

lckr 40

Wet Swab
Gry T-Shirt Red Pants

6:24 6:51
6:52 6:47 6:53 6:57

lckr 40 lckr 13 lckr 13 lckr 40 lckr 40 lckr 40

7

NA NA
Dynarex /21093
Puritan Pur-Wraps /2812

8 9 10 11

291340
291341 291342 291343

Wet Swab
Wet Swab
Keys

NA

INITIAL CALL FOR SERVICE

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On Friday November 9th, shortly after 2:47 a.m., I was inside the Forensic Services Unit Lab, monitoring the radio while doing lab work. I did hear the alert tone go off as an officer indicated shots were fired and a suspect was down. At that point in time, I made contact with Officer in Charge Sergeant Compton and indicated to him that I would be going to the scene. TELECONFERENCE WITH ON-SCENE INVESTIGATOR MCEVOY I then made telephonic contact with Investigator McEvoy several minutes later, who was already on scene. McEvoy indicated that he would need assistance in videotaping the scene, as well as evidence collection. We also discussed the need to call in additional Investigators to assist with this investigation. I then contacted Captain Richard Bach of the Madison Police Departmenl. He indicated that he would send Investigator Marie Burgette-Bach to assist in evidence processing of the officers involved in the shooting. He would also attempt to get additional resources to assist throughout the duration of this investigation. ARRIVAL AT SCENE I INITIAL OBSERVATIONS After I collected the necessary equipment, I placed myself on the call at approximately 3: 15 a.m. and made my way down to the main scene in the 500 block of S. Baldwin SI. I did arrive on scene at approximately 3:27 a.m. The current ground temperature was 39 Fahrenheit, based on my Forensic Services Unit work truck temperature gauge. I later found out through the National Weather Service website that around that timeframe, the wind was coming out of the south at 5 mph.
0

I had a brief discussion with Investigator McEvoy prior to entering the scene at 3:41 a.m. I noticed that the address of 513 S. Baldwin is on the east side of the street. It is mid-block in that location. The only overhead lighting noted in the area were two streetlights at the comer intersections for the 500 block of S. Baldwin SI. One was facing out over the Spaight SI. intersection. The other one was facing the Jenifer SI. intersection. The immediate crime scene, directly to the north and west of 513 S. Baldwin SI., was in total darkness upon my arrival. WALKTHROUGH OF SCENE Between 3:41 a.m. and 4:35 a.m., Investigator McEvoy and I did walk through the scene area to look for items of evidence. During this timeframe, I talked with Officer Dave Mertz of the Madison Police Departmenl. He helped clear 513 S. Baldwin SI. to make sure there were no other suspects inside upon his arrival to the scene. He indicated he did not observe any signs of forced entry on the house when he cleared it with other responding officers. I did do a walk around of 513 S. Baldwin St. and did not find any areas on the house indicative of forced entry. MCEVOY RECEIVES INFORMATION FROM KEVIN O'MALLEY I then stood by as Investigator McEvoy spoke with Kevin O'Malley, the homeowner for 513 S. Baldwin SI. It is believed there may have been potential skin-to-skin contact with the suspect and the homeowner, as O'Malley reports he and the suspect did struggle in front of the residence prior to police arrival. It is also believed that possibly the front door key for the residence had been left in the front door lock by the owners prior to going to bed. This could explain how the suspect gained entry to the residence.

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There was a key ring with keys sitting on a white heat register in the foyer of the residence adjacent to the front door. It is unknown if that key ring with house key was the one that may have been left in the front door lock prior to the suspect gaining entry. VIDEOTAPING OF SCENE/ POOR VISIBILITY DUE TO DARKNESS At 4:42 a.m., I filled out the Madison Police Department Forensic Services Unit Video Form. I then began my videotaping of the scene. Upon reviewing the video of the scene, most of the areas in and around the 500 block of S. Baldwin st. were in total darkness. We did have the command post vehicle come to the scene and we used exterior illumination to light up portions of the scene. My videotape did not capture areas in and around the suspect's body with that exterior illumination until after the command post vehicle arrived. Portions of my video were done without the exterior illumination and that explains the quality of the video itself. PROCESSING O'MALLEY AND HOUSE KEYS FOR EVIDENCE At approximately 6:00 a.m., I did go back inside 513 S. Baldwin SI. Officer Zulma Franco was holding standing inside. Detective Greg Esser was talking to the victim, who had already been verbally identified through Investigator McEvoy as Kevin O'Malley. After a brief conference with Detective Esser, I did take several photographs of the front door key and key ring that was sitting on that heat register in the foyer. I elected to take a swab of the house key for potential suspect DNA. That was done at approximately 6:24 a.m. by use of gloved hands. That swab was placed in double envelopes, waiting air-drying. After swabbing was completed, I verified that the key with "Bill's Key Shop" information stamped on it, did in fact open the front door lock. After that was completed by use of gloved hands, I placed the keys and ring back on the heat register. Please see my evidence matrix for further details on my evidence collection efforts. On the matrix, it shows evidence item numbers, as well as a description of each item of evidence. It also explains where each item of evidence was found. If the evidence had anything to do with DNA swab recovery, the swab brand and lot number for each of those swabs is on the matrix. It also explains the time collected and the property tag number associated with each item of evidence. Finally, it will show the disposition of each item of evidence in the City-County Building Property Room. Based on the fact that the suspect did make skin-to-skin contact with Kevin O'Malley, I elected to attempt a collection of O'Malley's DNA through a Buccal Swab Kit. At 6:47 a.m., I filled out the Madison Police Department Buccal Swab DNA Sample Collection Form. I advised O'Malley to read the form and sign it if he wished to give a sample of his DNA. He did read the form and sign in the affirmative at that time. I signed as the Investigator and Detective Esser signed as my witness. The original form was placed back inside the Buccal Kit. By use of gloved hands, I took a single wet swab of the inside left cheek of O'Malley. That was then re-secured back inside the Buccal Kit. COLLECTION OF KEVIN O'MALLEY'S CLOTHING O'Malley had already taken off his red and gray pajama bottoms to put on some blue jeans while talking with Detective Esser, prior to my processing efforts. He did have his original gray T-shirt on underneath a bluish/gray, long-sleeved, corduroy shirt. At that time, I asked O'Malley to recover his red and gray pajama bottoms that he was wearing at the time of the struggle with the suspect. He then returned a short time later with his pajama bottoms, as well as his gray T-shirt, which he took off to give to me. I collected the T-shirt and pajama bottoms and placed them in individual evidence bags.

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TWO AREAS OF INJURY FOUND ON RIGHT FOREARM OF KEVIN O'MALLEY I then asked O'Malley to specifically point out areas on his hands or arms where the suspect may have grabbed him. He kept pointing to his inner right forearm and wrist area. I did see what appeared to be several fresh scratches on his inner forearm area. I pointed at them with gloved hands and asked if those were recent. He indicated, "Those look new." I then had him check the outer portion of his right forearm and there was also what appeared to be some sort of red bump scratch forming on the outer right forearm. He indicated that was also apparently a new injury. I then took scaled photography of those areas. SWABBING O'MALLEY FOR SUSPECT CONTACT DNA I then re-gloved and took a wet swab for potential suspect DNA on those inner right forearm scratches. That was done at 6:53 a.m. That swab was placed in double envelopes and segregated from all other items of evidence to avoid cross-contamination issues. I then re-contacted Detective Esser. He concurred with my assessment to collect the keys and key ring sitting on the heat register in the foyer. That key ring and keys were collected by the use of gloved hands at 6:57 a.m. and placed in an evidence bag. ATTEMPT MADE TO FIND EVIDENCE OF BULLET STRIKES BEYOND SCENE I then went back outside and stowed my evidence in locked Forensic Services Unit Truck #2831. then assisted Investigator McEvoy with cursory measurements of the exterior scene location. I also attempted to canvass the 500 block of S. Baldwin St., specifically north and northwest of the area where the body was recovered, for potential bullet strikes in trees, cars, or houses. It is believed a round may have possibly passed through the suspect and continued on in a north/northwest direction. As of the time of this report, I was unable to find any evidence of a bullet strike to the north/northwest of the scene location. PROPERTY TAGGING OF EVIDENCE I then cleared from the scene at 9:17 a.m. and made my way back to the City-County Building Property Room. By use of gloved hands, I did recover the original copies of the Madison Police Department Buccal Swab DNA Sample Collection Form, as well as the Madison Police Department Forensic Services Unit Video Form. Both of those original copies were summarily photocopied and later scanned into Jpeg documents, which are attached to this report. The original paperwork was placed back inside their associated evidence bags. All items of evidence with the exception of the Scene Video Cassette were then sealed inside their evidence packages with thumbprint and evidence tape. Please see my evidence matrix for locker numbers associated with final disposition of property. The Scene Video Cassette stayed in my possession as I was going to duplicate it onto a DVD for the command post. The other six items of evidence were placed in their associated lockers at 10:36 a.m. on November 9th. SCENE VIDEO DUPLICATED FOR DVD COpy TO CP

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I then brought the Scene Video Cassette back to the Forensic Services Unit and made a DVD copy. Once that was completed, the Video Cassette was placed back inside its original evidence bag and sealed with thumbprint and evidence tape. That was then brought back down to the City-County Building Property Room and placed in locker number 40 at 10:59 a.m. ADDITIONAL INFORMATION After that was completed, I entered my photographs into the Mideo standalone Forensic Services Unit photo server. All photographs taken by my hand are true and accurate depictions of what I witnessed on scene. After that was completed, I briefed Lieutenant Kosovac at the command post reference my evidence matrix, as well as a copy of the DVD of the scene video. Please see my attachments to this report for further details. Several of the photographs depict the house key, other attached keys, and key ring from the heat register found in the foyer of 513 S. Baldwin St. The other photographs depict injuries found on the victim, Kevin O'Malley, while I processed him for evidence.

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Scanned copy MPD Buccal Swab DNA Sample Collection Form from Kevin O'Malley

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75

CJTY OF MADISON POLICE lJ!:!'ARTMgl'fr CONSF..NTH)HM FOR lHJCCAL SWAll ])NA SAMl'LE COLLECTION

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Scanned Copy of MPD FSU Video Form

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Madison Police Department
Forensit: Services Unit
Madison~

211 S. Cruroll SI. WI 537()) (608) 266-4991

Read and rea>rd tile Information on this form at til': beginning Of end of each Rilin the blanks and cross out the non-applicable Information.

_pe.

I am

1"'11 0 til l:} s'

--S, PH 11 n.

• an Investigator representing the aty of Madison Police

(name)

Department forensic Services Unit, which is located at 211 S. Carroll Street Madison, Wlsconsln. Additional assistance was provided by_--'IV"-hfr"-_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. by_..rIV"-lifr=--_ _ _ _ _ _ _ _ _._ _ _ _ _ __

(name and agency)

This videotape is being produced on F 11, 0" Y

IV",:)
(date)

<j T

,-1

• commendng at

approximately __"-,1_,_'V."",i,:-:'-"-,,,I>..!.l',-,~_ _ _ and represents a pictorial view of L..:.I_:_v.-:i.,;'l=I>-"",-,~_ _ _
(time)

This videotape will be filed under City of l'Iadl50n, Wlsconsin Police Department case number

12- 3 20<''1).

Property tag this form with the original videotape.

Photos of Victim Keys and Ring from Foyer Heat Register

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77

- .......;:::0-- '"

Inner Right Forearm Injuries to Kevin T. O'Malley

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Outer Right Forearm Injuries to Kevin T. O'Malley

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NFAljlt

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Supervisory Officer:

I.D.: _ __

Reporting Officer: INV THOMAS J PARR

I.D.: 2871

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81

Report 24
MADISON POLICE DEPARTMENT

Report Completed: Occurred Incident: Dispatched as:

11/10/2012

10 - Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Secl Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer Involved Shooting Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: INV MICHAEL G MCEVOY 2130 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

Description Where Found Puritan swab (lot 2910) containing Outer surface of left LS shirt sleeve of E 291330 Officer Heimsness possible suspect DNA Surface skin area of Officer Heimsness's Puritan swab (lot 2910) containing E 291331 possible suspect DNA left hand Puritan swab (lot 2910) containing Exterior surface of slide of Officer E 291332 handqun Heimsness's Glock handgun possible suspect DNA Dynarex swab (lot 22573) containing Sidewalk near deceased in front of 513 S. E 291333 Baldwin St. suspected bloodstain Winchester 9 mm cal spent brass shell Driveway of 513 S. Baldwin St. (near E 291334 casinq placard 1) Jllacard 1) casing Winchester 9 mm cal spent brass shell Driveway of 513 S. Baldwin St. (near i E 291335 placard 2) casing casinq 2) I Winchester 9 mm cal spent brass shell Driveway of 513 S. Baldwin St. (near E 291336 3) casing placard 3) II All eVidentiary Items were secured In locker #40 of the Central Police District property Intake room. OFFICER NARRATIVE On Friday, November 9,2012, at approximately 2:47 a.m., officers responded to a report of a burglary in progress where entry had reportedly been made to the front door of a residence at 513 S. Baldwin st. Minutes later I heard responding officers advise that there was a fight and shortly after advising of the fight, Officer Heimsness reported that shots had been fired and there was a man down. I immediately began responding to the scene and arrived at approximately 2:55 a.m. The area of the 500 block of S. Baldwin St. is comprised of residential homes. Most of these homes are older, two-story, single-family residences. Baldwin St. runs in a northlsouth direction and the residence in question is located approximately mid block, on the east side of the street. The residence at 513 S. Baldwin St. is a two-story home with a wooden porch attached to the front. The house faces the street in a westerly direction. It is located approximately mid block. Both sides of the street have residential sidewalks in front of the homes. This area of the 500 block of S. Baldwin St. is quite dark. The nearest streetlights are located at the intersections with Jenifer St. to the North and Spaight st. to the south. Each of these single sodium vapor streetlights are approximately 150 ft. away and the area of the midblock of S. Baldwin st. is quite dark. The front porch light of the residence at 513 S. Baldwin St. was on at the time of my arrival I arrived at approximately 2:55 a.m. Outside temperature at this time was approximately 35° Fahrenheit. Skies were clear and the wind was calm. The pavement and surrounding grass areas
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PROPERTY Status Tag

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were all dry. There was a visible moon out at this time of the evening; however, the moon was a small, crescent-shaped moon and was located low in the southeastern area of the sky, thus not adding much light to the outside lighting conditions. On arrival, numerous officers were already on the scene, as well as Sergeant Krahn. I observed an individual lying lifeless on the grass terrace near the sidewalk at the bottom of the driveway at 513 S. Baldwin st. The individual was positioned on his back. Officer Hemming and other officers had begun resuscitative efforts on the individual. Fire Rescue had not arrived yet. I began immediately securing the area using yellow and black crime scene tape. A large inner perimeter around the area of the residence, sidewalk, and street was taped off. A larger outer perimeter was secured at each end of the block, preventing any further traffic, both pedestrian and motor vehicle, from entering into the area. Fire Rescue did respond and attempted resuscitative efforts on the individual. In a short period of time, these efforts were terminated by fire rescue paramedics and the individual was then covered up using a white cloth blanket provided by Fire Rescue. The individual, who was later identified as Paul H. Heenan, was left undisturbed after resuscitative efforts were terminated. Minutes after arrival, I learned from Sergeant Krahn that Officer Heimsness had reportedly fired his weapon at the individual. I learned that Officer Heimsness had returned to his squad car. I found Officer Heimsness seated in the driver seat of his squad car at the SW corner of Baldwin St. where it meets with Spaight St. This location was approxirnately 150 ft. away from where the shooting incident occurred. Present with Officer Heirnsness at this time was Officer Dan Frei. I made brief contact with Officer Heimsness and Officer Frei and asked if Officer Heimsness could provide a brief snapshot to me as to what had occurred. I explained that this could be of great help in assisting us in deterrnining what may be potential evidence in the case and where the potential evidence rnay be located. This initial information is crucial to crirne scene investigators in aiding us in identifying and collecting all potential evidentiary items that may be involved. Officer Heimsness, while seated in his squad car, was very calm in appearance. He explained to me that as he approached the scene, he observed two individuals struggling in a physical altercation. One individual suddenly began aggressively attacking hirn. Heimsness was currently not wearing a jacket, was dressed in full military-style Madison Police Department uniform, and did have on a long-sleeved military uniform shirt. I inquired as to where the suspect's hands may have come into contact and Officer Heimsness indicated to me that he was certain there was contact along his sleeved left arm area, as well as his left hand. He further indicated that the suspect had been reaching for his firearm and thought the suspect may also have grabbed onto the end of his gun. Officer Heimsness indicated to me that he was certain he fired three shots, that the shots occurred on the sidewalk area, with him facing a general direction toward Jenifer St., while the suspect was facing a general direction south, toward Spaight st. Officer Heimsness indicated to me that after firing three shots in close proximity that the suspect had almost irnmediately dropped to the ground. After learning from Officer Heimsness that the suspect had aggressive physical contact with his left sleeve, hand, and possible weapon, I decided to swab these surface areas while at the scene. This was done prior to any contact with the deceased. I used certified DNA free Puritan brand swabs from lot 2910 and swabbed the exterior cloth surface area of the left sleeve of Officer Heimsness's longsleeved shirt. Officer Heimsness assisted in pointing out the area along his sleeve where he believed the aggressive physical contact had occurred. I used a separate certified DNA free Puritan brand

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swab and swabbed the left hand and finger areas where Officer Heimsness indicated the suspect had contact with. The third DNA free swab was used to swab the exterior surface area of the slide of Officer Heimsness's service weapon. During this time, Officer Heimsness had removed the weapon and kept it pointed down in a safe direction while I obtained the swab of the slide of the weapon. The weapon was then re-holstered without any manipulation or change to the weapon's load condition occurring. With the information provided by Officer Heimsness, I was aware, at this point, that we were looking for possibly three spent 9 mm caliber shell casings. I responded back over to the area of the scene at the bottom of the driveway of 513 S. Baldwin st. The ground in and around the driveway and grass terrace at the base of the driveway was sporadically covered with brown leaves due to the large trees in the area having already shed all of their leaves. Found among the leaf debris in the driveway, directly to the east of the sidewalk area, were three spent 9 mm cal brass shell casings. These casings were left in their original positions and were immediately marked with black numbered yellow placards 1, 2, and 3. These casings were located in the driveway along the east side of the sidewalk, directly adjacent to where the deceased was lying. The location of these casings is consistent with the officer standing in a single location while firing all three rounds and is further consistent with Officer Heimsness's statement to me that he was on the sidewalk, directly near where the individual had collapsed, facing a generally northerly direction when firing the rounds. With the officer facing a general northerly direction and with casings ejecting out the right side of the firearm, spent casings would be expected to be found along the east side of the sidewalk, in the area in which they were located. The ground area in and around the deceased was virtually free of any large bloodstains. Noted on the sidewalk area, in very close proximity to where the deceased was lying, were several small, dropletsized stains, measuring approximately 7 to 10mm in diameter and appearing circular in shape. These stains were directly next to where the deceased had collapsed on the ground and are consistent with coming from him. These stains were marked with black numbered yellow placard 5 and are depicted in photographs. No other blood droplets or other bloodstains were located in the area. Of the minimal bloodstains observed, their circular shape, and their corresponding location being directly next to the body, the bloodstain evidence is consistent with the deceased collapsing on the ground almost instantaneously after being shot. Investigator Tom Parr and I made contact with Kevin T. O'Malley in the kitchen area of his residence at 513 S. Baldwin St. Present at this time was Officer Zulma Franco, who was standing by in the residence with O'Malley. I asked O'Malley if he could explain to me briefly what had occurred and he indicated that he was awakened by his wife as she had heard sounds of somebody entering the home down near the front door. O'Malley indicated to me that he had come down from the second floor to investigate and that when he made it to the bottom of the stairway, which is in the foyer area directly near the front door, he had observed that the inner wooden front door was open. He then saw an individual standing in the entryway area of the front door. He indicated to me that after several brief moments, he recognized that it was an individual whom he had recently met by the name of Paul. He explained that Paul had recently moved into a residence two doors down toward Jenifer St. O'Malley '. indicated to me that Paul was was standing somewhat stooped forward and his head was down and that he thought Paul appeared drunk. I inquired as to whether he had made his wife aware of the fact that the apparent intruder was that of Paul the neighbor. He told me that he had not. He explained to me that he began to walk Paul home, proceeding down the sidewalk area toward Paul's residence at 509 S. Baldwin St., which is two residences to the north towards Jenifer St. Once arriving in front of Paul's residence, O'Malley indicated that Paul began to become physical with him. At that point, O'Malley indicated that he grabbed Paul around the collar area with both of his hands in

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an attempt to keep Paul away from him. During this time, Paul continued to struggle with him and was grabbing at his arms and hands and pushing O'Malley backwards down the sidewalk toward his residence. O'Malley indicated that when they got approximately near the driveway of his residence that he became aware that an officer was in the immediate area behind him. O'Malley indicated that he immediately disengaged from Paul and heard someone yelling, "Get down. Get down." A very short time after hearing that, he indicated that the officer fired two or three shots. I asked O'Malley how they leave their front door in regard to it being locked or unlocked and how the suspect would have gained entry to the residence as there was no apparent forced entry or damage to the door. O'Malley explained that they normally lock their front door, but this evening, they had left a key in the deadbolt keyhole on the outside of the door, because they were expecting their daughter to come home. O'Malley explained that at this point, he and his wife were uncertain which exact key or key ring they had left in the door, but he did indicate to me that there was a key ring now on the heat register of the foyer, just inside of the doorway, and that this small ring did in fact have a key to the deadbolt on it. He indicated to me that his wife thought this may have been the key that was in the lock on the outer side of the door, but O'Malley was uncertain. It would appear that the suspect had in fact gained entry by turning a key that was left in the lock on the outer side of the door. There were no signs of forced entry to the residence. During my interview with O'Malley, he was trembling and seemed quite visibly upset. I thanked him for his cooperation and explained that detectives would need to further interview him in more detail at a later time. Investigator Parr and I responded back outside and further examined the crime scene in an attempt to locate any further evidentiary items. We examined the front porch area of the residence and I noted on a middle wooden step leading up to the front porch that there was a small, wet area of an unknown clear liquid. This was initially marked with black numbered yellow placard 4 as possible evidence. A short time later, it was discovered that this puddle was attributable to a drip from the seam of the gutter of the residence located directly above it and was clearly water and not involved in this incident. No sample of the liquid was collected, due to its obvious state of not being involved. The black numbered yellow placard 4 is visible in overall photographs. At the front of the residence there are several steps leading up to a wooden porch to where the front entry doors are. The entryway to the residence consists of two doors. The first door is that of an older-style wooden storm-type door. This door has a window in the top half of it and there is no locking mechanism on this door. Once the storm door is open, there is another wooden front door that also has a window in the top half of it. This door has two deadbolt-style locks in it. The lower locking mechanism is that which is normally used according to O'Malley. He indicated to me that that the lower lock that would have had the key in it, on the outer side of the door. Photographs were taken depicting the front of the residence, including the porch and doors as described above. Due to the darkness of the area additional supplemental exterior lighting was obtained prior to creating a video and taking pictures of the scene. Once additional lighting was set up a crime scene video was made of the scene and immediate area and I then documented the exterior scene using a Canon EOS 50D digital camera, taking numerous overall and close-up photographs. These photos depict the exterior of the residence, sidewalk, and street areas in and around where the incident occurred. Additional photographs depict the evidentiary items located.

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At approximately 4:35 a.m., Medical Examiner Dr. Vincent Trancllida and medicolegal investigator Kurt Karbusicky had entered into the scene and made pronouncement of the deceased. The deceased was left in his original positioning at this time and was not disturbed prior to completion of all photographs. The scene was further documented with additional photographs and further examination for potential evidentiary items. After thorough documentation of the scene, Medical Examiner Dr. Tranchida reentered the scene with medicolegal investigator Kurt Karbusicky. This occurred at approximately 5:45 a.m. and at that time, a further examination of the deceased was completed. This preliminary visual examination appeared to reveal that the individual had sustained three possible bullet entry holes to the front center area of his chest. One additional apparent bullet hole entry was noted on the outer side of the deceased's left index finger at mid-joint and exited on the inner side of the finger. This additional bullet entry and exit hole to the index finger may be attributable to the hand being positioned in front of the chest at the time that one of the gunshot wounds to the chest was sustained. Dr. Tranchida carefully rolled the deceased onto his side and examined the back area of the deceased. Noted on the back was what appeared to be one bullet exit wound consistent with one of the rounds passing completely through the torso and exiting the back side of the suspect. The corresponding additional layers of clothing on the suspect were examined and one apparent bullet exit hole was found on the back side of the outer garment of the deceased. It would appear that of the apparent rounds that entered the suspect's chest, one of them exited out the back side of the suspect. Given the information known at this time in regard to the location of the officer and suspect at the time the bullet wounds were sustained, it would be most likely that the bullet exiting the suspect would be located somewhere north in a direction towards Jenifer St from the sidewalk/driveway area in front of 513 S. Baldwin St. A further and through examination of the deceased will be made at time of autopsy. At approximately 6:10 a.m., Assistant District Attorney Mary Ellen Karst arrived on scene and was given a walkthrough of the scene. An explanation of evidence located at the crime scene was given to her at this time. This was done at the request of the District Attorney's Office and was done prior to removal of the deceased. At approximately 6:25 a.m., Dr. Tranchida and medicolegal investigator Kurt Karbusicky then reentered the scene and the deceased was carefully placed into a body bag. During this time, I also placed and secured paper bags over each of the deceased's hands to preserve possible evidence that may be on them. The deceased was then secured inside the body bag using red seal number 55950. Photographs were taken of this seal and of the area under the deceased after the body was removed. At approximately 7:00 a.m., there was good ambient daylight in the general area. I took additional photographs depicting the area in the daylight. At approximately 7:20 a.m., District Attorney Ismael Ozanne had responded to the scene. Officer Parr and I met with him and gave him a walkthrough of the crime scene, explaining to him what had been observed and collected prior to his arrival. Up to this point in the investigation, it appears as if a single round exited the back side of the deceased. Given what had been determined at this point, it would appear that this round had been flying in a generally northerly direction along the sidewalk area proceeding toward Jenifer St. Investigator Parr and I expanded our search, examining areas along the residences, vehicles along the road, and any other solid objects a bullet may have struck. No evidence of any bullet strikes was

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located during this further search of the area. As of the time of this report, this round that had apparently left the body had not been located. Measurements were taken of the scene and crime scene diagrams will be completed depicting the overall block, as well as an additional crime scene diagram depicting the immediate scene in and around 513 S. Baldwin St., where the actual shooting occurred. The investigation is continuing. See other officers' reports for further details and information. NFAljlt
Supervisory Officer:

1.0.: _ __

Reporting Officer: INV MICHAEL G MCEVOY

1.0.: 2130

01/09/2013

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Report 25

MADISON POLICE DEPARTMENT Report Completed: Occurred Incident: Dispatched as: 11/9/2012 10- Residential Burglary 10- Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch Date/Time: 11/09/201206:02 Reporting Officer: DET PETER BAIO 3101 Special Routing:

From Date/Time: Thru DatelTime: Report sent:

DECEASED

PAUL H HEENAN MIW DOB:_1082 509 BALDWIN ST#2 MADISON WI

VEHICLE INFORMATION:

PROPERTY INFO' Status Tag # Lkr# Description Code 291349 MARS SEE VEHICLE E

Brand

Model

Serial No.

Est Value

Rec Value

EVIDENCE On November 9 th , 2012 I was asked to assist with an Officer Involved Shooting investigation and responded to the command post at the City-County building. I met with Lt Kosovac who asked me to respond to the 500 block of S. Baldwin St with Det Angie Dyhr to take custody of the suspect's vehicle which was parked in front of 508 S. Baldwin SI. Det Dyhr and I responded to this location and then made contact with Lt Strassman and advised him that we would be removing the vehicle. On this date I contacted Schmidt's Towing and at 11 :59am the vehicle was towed and Det Dyhr and I followed the vehicle to maintain the chain of custody. I noted that the vehicle was locked and there did n~e any damage to the outside of it however it was parked illegally by partially blocking the driveway at 508 S. Baldwin St and the passenger side wheels were on the curb. tow 0 erator Det Dyhr completed the tow card and gave a copy to t~e who was verbally identified as John Thorpe. The vehicle was placed in the garage at nd was placed on property tag number 291349 and I placed thumb tags on each door to show tha the vehicle was not entered. At 5:32pm Det Luedtke and I met with Investigators Shaul and Holum to search the vehicle after speaking with Det Riesterer. After we opened the van and searched it I did find in the center console a

_0

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&mall green pill bottle containing five pills with an "m" on one side and on the reverse side "751." The bottle was photographed and retained by Investigator Shaul as evidence. The vehicle was then re-secured and key was placed in a "parts bag" and hung on the property wall in the main garage at

End of Report/pwb Supervisory Officer: _________________________________________ 1.0. I.D. Reporting Officer: DET PETE BAIO

1.0. 3101

01/09/2013

92

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Name (If diHenmllhan Owner)

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Address

(If diffelanllhan OYmer 01 nol correct above)

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RE.W. ENTERPRISES. 608-249-7795

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96

Report 26

MADISON POLICE DEPARTMENT Report Completed: Occurred Incident: Dispatched as: 11/11/2012 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer Involved Shooting Addr of Occurrence: 513 S Baldwin St 11/09/2012 02:46 Call Date/Time: Dispatch Date/Time: 11/09/201206:02 Reporting Officer: INV JOEL A HOLUM 3232 Special Routing:

From Date/Time: Thru Date/Time: Report sent:

On 11/9/12, at approximately 11 :OOam, I reported to the intersection of Jenifer Street and S. Baldwin Street in reference to an officer involved shooting investigation. I was acting in my official capacity as an Investigator for the City of Madison Police Department-Forensic Services Unit (F.S.U.). I was operating marked #2848, a sports-utility vehicle assigned to the City of Madison Police DepartmentF.S.U. I conferred with Lt. Strassman, Detective Helgren, and Detective Buechner. Detectives Helgren and Buechner identified some chalk markings that were made based off of P.O. S. Troumbly's perspective and estimation of events leading up to the officer involved shooting incident that involved P.O. Heimsness. Detective Helgren and Detective Buechner asked me to take approximate measurements of the positions that were identified. They identified a blue "x" that was positioned in front of 503 S. Baldwin St. on the east sidewalk. They reported this was identified as the location/route where P.O. Troumbly approached on foot to the disturbance that originated at 513 S. Baldwin St. They reported that P.O. Troumbly began sprinting at this location, while indexing her taser. The detectives then identified a yellow "x" in front of 509 S. Baldwin St. that signified where P.O. Troumbly identified P.O. Heimsness in the driveway between 511 and 513 S. Baldwin St., between the sidewalk and the road. The detectives also stated that the yellow "x" was also the location where P.O. Troumbly heard three loud pop noises. Also on the terrace between the road and the east sidewalk, P.O. Troumbly identified the location of the adult male complainant. This area was marked with a white chalk line on the east curb/partial terrace just south of the driveway between 511 and 513 S. Baldwin St. I completed the measurements with the assistance of P.O. R. Alvarez. I also took overall photographs that captured P.O. Troumbly's vantage point. My measurements were ultimately inserted as additional measurements into Inv. McEvoy's original block diagram. I then left the scene at 1:30pm. I then returned at 2:45pm to utilize the F. S. U. metal detector in effort to recover a fired bullet. I used the metal detector and searched with Lt. Strassman, Detective Bauman, and Detective Julie Johnson. We searched the area east of the roadway and in the terrace and front yard areas of 511 and 513 S. Baldwin St. We were unable to locate a fired bullet. I left the scene at 3:40pm. NFA. Supervisory Officer: Reporting Officer: I.D.: _ __

I.D.: 3232
01/09/2013

94 97 97

INV JOEl A HOLUM INV JOEl A HOLUM

01/09/2013 01/09/2013

95 98

Report 27

MADISON POLICE DEPARTMENT Report Completed: 11/9/2012 Occurred Incident: Dispatched as: 10- Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: BURGLARY/OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch Date/Time: 11/09/201206:02 Reporting Officer: SGT ERIC S TRIPKE 2041 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

SUSPECT

PAUL H HEENAN MfW DOB:_982 (30 yrs) 509 S BALDWIN ST MADISON WI

NARRATIVE At approximately 6:10am on today's date I responded to the area of 513 South Baldwin Street to assist in scene security regarding the officer-involved shooting that had occurred at approximately 2:46am today. I arrived at approximately 6: 15am and at that point met with Sergeant Karen Krahn and got an overview of how the perimeter was set up, who was maintaining the crime scene log, and at this point went into the command vehicle (CV1) and met with Lieutenant Strassman. I was briefly apprised of the situation by Lieutenant Strassman and at that pOint obtained the names of the officers who were currently on duty. Those included fourth- and fifth-detail Officers Lujan, Mertz, Cherne (who was maintaining the crime scene log), Franco, and Martinez. After assessing the situation, I began relieving those officers with day shift and TEST personnel. I placed PO Beatty at the north end of the block near the crime scene tape, relieving Officer Lujan. I placed Officer McConnell at the south end by the crime scene tape to relieve Officer Mertz. Officer Slawek then relieved Officer Cherne in the inner perimeter and maintained the crime scene log. PO Dailey relieved Officer Franco inside of 513 South Baldwin Street, and Officer Martinez was soon released from the scene to follow the suspect's body to the morgue. At approximately 6:30am the suspect's body was removed from the scene, transported to the morgue pending its autopsy. At approximately 8:45am I supplemented the staffing with the addition of TEST Officer Ron Alvarez, who acted as a relief officer for the posts. Between 10:00am until I was relieved by Sergeant Rahaman at approximately 1:30pm, I assisted in allocating resources to ensure that the officers were getting relief, able to get food and use facilities. also maintained presence inside of CV1 during this time, assisting with communications as well as doing short errands to contact detectives that were on scene and so forth, per Lieutenant Strassman. As previously stated, at approximately 1:30pm I was relieved and returned to MPD's Central District, where I met with Lieutenant Kosovac and spoke to her briefly about my presence at the scene and report needs. NFI/jas Supervisory Officer: Reporting Officer: 1.0.: _ ___ __

1.0.: 2041
01/09/2013

96

99

SGT ERIC S TRIPKE

01109/2013

97 100

Report 28

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as: 11/9/2012 17 - Death Investigation 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: DEATH INVESTIGATION Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11109/201202:46 Dispatch DatelTime: 11109/201202:47 Reporting Officer: PO MICHAEL W BEATTY 2243 Special Routing:

From Date/Time: Thru DatelTime: Report sent:

CONTACT

HOW 10'0: CONTACT

.S

~BALLY

KAYLA L DRISCOLL FNV DOB:_1989 (23 yrs) 00B:_1989 _ S BALDviiiNsT'MAOISONWI C BALDviiiN ST MADISON WI

I

HOW 10'0: CONTACT

~BALLY

EMILY R SCHENDEL FNV DOB: _1989 (23 yrs) OOB: _ S BALDvViN ST' MADISON WI C:

EMILY E GOODWIN FNV DOB: _1979 (33 yrs) OOB: _ENI~T MADISON WI C:

HOW 10'0: CONTACT

~ALLY

KYLE R AUSTI MNV NPA C:

yrs)

HOW 10'0:

NARRATIVE On 11/09/12, I was in full MPD military style uniform operating unmarked TEST vehicle 252. MPO At approximately 6:00 am, I was instructed to respond to a death investigation at 513 South Baldwin Street to relieve fifth detail officers. On arrival at South Baldwin and Jenifer Street I met with Officer Nate Lujan and took his assignment guarding the death investigation scene and documenting any residents that came from the 500 block of South Baldwin Street. Lujan was relieved at approximately 6:30 am. At 7:00,A1 was contacted by Emily Goodwin who lives at the intersection of Baldwin and Jenifer Street; _ Jenifer Street. She advised me that her vehicle was parked inside the crime scene tape in the 500 block of South Baldwin Street and that she needed to remove her vehicle. The vehicle in question was a black Mazda 3 bearing California license plate 6FV2370. Goodwin advised me that she has nothing to add to the investigation occurring and she did not awaken during the night by any

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disturbances, noises and only learned of the incident when she woke up this morning. At 7:25 am, Goodwin did remove the vehicle from the death investigation scene. At 8:00 am, I observed contact Kayla Driscoll emerge from .South Baldwin Street. I made contact with Driscoll identifying her verbally and asked her if she ha&en contacted by any other officers reference this incident prior to contacting me. She said that I was the first officer she spoke with. Driscoll stated to me that she returned home the night before at approximately 11: 15 pm and did go to bed shortly thereafter. At approximately 3:00 am, she was awakened by loud reports and initially she thought that maybe she had dreamed that something had occurred. A short while later, she saw red and blue emergency lights outside her residence and had assumed that some sort of shots had been fired. She did return to sleep eventually and did not witness any other incident relative to the investigation. At approximately 8:30 am, I contacted Emily Schendel as she emerged from. South Baldwin Street with a white male identified verbally as Jeremy Lund. Lund advised that he had already spoken to officers earlier in the morning and had given a statement to whoever that officer was. Schendel stated to me that she is a very deep sleeper and had gone to bed early this morning at approximately 1:45 am. At approximately 3:00 am, she was awakened by Lund and was told that a shooting had just occurred outside in the 500 block of South Baldwin Street. Schendel did not have any other information to relay relative to the investigation. At 9:47 am, I was contacted outside the death investigation scene area by Kyle Austin. Austin stated to me that his vehicle was parked inside the crime scene tape which was a rnaroon Buick with license plate 430-RUA. Austin was temporarily staying with a friend at an unknown address on Spaight Street. He parked the vehicle at approximately midnight and did not return to the vehicle until now. Austin did not have any information reference the investigation and did not hear any noises the night before. At 1:30 pm, I was relieved from my death investigation scene post by Officer Alvarez. NFl/bis Supervisory Officer: Reporting Officer:
PO MICHAEL W BEATTY I.D.: _ __

I.D.: 2243

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Report 29

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as: 11/9/2012 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: BURGLARY I OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11109/201202:46 From DatelTime: Thru DatelTime: Dispatch DatelTime: 11109/201206:02 Reporting Officer: PO RONALD A ALVAREZ 2303 Report sent: Special Routing:

OFFICER NARRATIVE: On 11/9/12, at approximately 8:30 a.m., at the beginning of my tour of duty, I immediately responded to the scene of an officer-involved shooting at 513 S Baldwin SI. Having been directed to the scene by Sgt Eric Tripke, upon arrival I immediately reported in with him. Sgt Tripke requested that I proceed around the perimeter posts and check with the officers on posts and give them breaks. During the time that I was on-scene, I did perform various tasks, including an outer perimeter at both the north and south ends of S Baldwin St as well as relieving and serving as the inner perimeter log officer. I did relieve Officer Andy Slawek, who was serving as the inner perimeter log officer, on three separate occasions. See Officer Slawek's log report for those three specific times. I also relieved Officer Dailey and Officer Beatty at two points. Those officers were, in fact, guarding the north end of S Baldwin SI. Also during this time, I did assist with Investigator Holum in measuring the scene for his scene diagram. At approximately 1:25 p.m., I did relieve Officer Scott McConnell of his post at the south end of S Baldwin SI. I remained in that position until I was relieved of my post at approximately 4:00 p.m. by Officer Beckfield. It should be noted that at no time during my presence on-scene did I interview any witnesses or victims. NFAlcmb
Supervisory Officer: 1.0.: _ ___ __

Reporting Officer: PO RONALD A ALVAREZ

1.0.: 2303

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Report 30

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:

11/9/2012

17 - Death Investigation 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: DEATH INVESTIGATION Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: SGT RAHIM H RAHAMAN 2791 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

NARRATIVE On 11/09/12, I was assigned to supervise the North District from 5:30 am until 1:30 pm. During my shift I was wearing full MPD military style uniform. At approximately 6:15 am, I was requested to respond to 513 South Baldwin Street. Upon arrival, I made contact with Lieutenant Tim Strassman and was requested to supervise the perimeter units. Officers that were assigned to the perimeter Mike Beatty, Scott McConnell, Andrew Slawek, Paul Dailey, Andrew Beckfield, and Ron Alvarez. At approximately 1:45 pm, I was relieved by Sergeant Lori Schwartz. Please see the other officers reports for further information. NFI/bls
Supervisory Officer:

I.D.: _ __

Reporting Officer: SGT RAHIM H RAHAMAN

I.D.: 2791

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Report 31

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as: 11/9/2012 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: PO ANDREW S BECKFIELD 2860 Special Routing:

From Date/Time: Thru Date/Time: Report sent:

OFFICER NARRATIVE: On 11/9/12, I was assigned to assist with the investigation that was ongoing at 513 S Baldwin SI. At 12:53 p.m., I had relieved PO Andy Slawek, who was monitoring the inner perimeter of the investigative scene. I monitored this scene until 1 :40 p.m., when Lt Strassman stated that the perimeter could be broken down and opened. During my time monitoring this scene, no new individuals had entered the scene. I did note that at 1:02 p.m., Detective Julie Johnson, Detective John Messer, and Detective Gregg Luedtke did exit the inner perimeter. At 1:04 p.m., Special Investigator Joel Holum and PO Ron Alvarez left the inner perimeter. NFNcmb
Supervisory Officer: Reporting Officer: PO ANDREW S BECKFIELD 1.0.: _ __

1.0.: 2860

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Report 32

MADISON POLICE DEPARTMENT Report Completed: Occurred Incident: Dispatched as:
11/9/2012

10 - Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer Involved Shooting Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch DatelTime: 11109/201206:02 Reporting Officer: DET JULIE L JOHNSON 2867 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

WITNESS

BENJAMIN H RECHT MNV DOB:~978 (34 yrs) . S BALI'NViNST MADISON WI C: EMPLOYER: UNIVERSITY OF WISCONSIN - PR()FE~SOR

WITNESS

LAUREN G KROIZ FNV DOB: _1980 (32 yrs) BALDwiN ST MADISON WI C: EMPLOYER: mvERSITY OF WISCONSIN - PR()FE:SS<

.8

HISTORY

OFFICER NARRATIVE On November 9,2012, I was at the scene on Baldwin Street and Lt. Strassman asked me to go t o . S. Baldwin St. to see if the residents there had been interviewed yet. • Baldwin is a single family residence. CONTACT WITH RECHT At approximately 7:40 a.m., I made contact with Recht, who stated that they had spoken briefly to an officer earlier. He invited me in and said that he and his wife were sleeping and that something woke him up about 3:00 in the morning, and he knew that because he looked at the clock. He said he heard someone yelling loudly, "Get down. Get down." He stated he then heard three shots very close together, and then heard a siren. He said the siren came pretty quickly behind the shots. He stated their bedroom is upstairs and the windows face Baldwin St. Recht said he looked out the window and saw police car, and said, "I saw a guy lying on the street and pOlice officers were around him. I saw them doing CPR on the guy." He said he didn't know who the person on the ground was. He said some officers came to the house earlier this morning and took his statement, and he went back to sleep after the officers left. He said he is from Chicago and knows what gunshots sound like. He said he saw the police were there taking care of the problem, so he did not think much of it. He said he has no idea what happened as he hasn't listened to the news. Recht told me his wife is still upstairs sleeping. CONTACT WITH KROIZ At this time Kroiz came downstairs and it was obvious that she is several months pregnant. Kroiz confirmed this and told me because of the pregnancy she is exhausted and therefore a very sound sleeper. She told me she had been sleeping soundly but she did wake up she heard three shots being fired. She said her husband was awake and told her something was going on. Kroiz said, ''I'm pregnant. I wasn't gonna go out there and get involved. I feel bad, but I rolled over and went back to sleep."

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Kroiz told me that they are from Chicago and that hearing gunfire in the middle of the night is not unusual. She stated it is unusual here, on Baldwin St., and that this is actually a very quiet street and they were quite surprised that something like this had happened. She said they really didn't have any information and didn't really know anything. She said she didn't hear anything else besides the shots and that she fell back asleep. I asked them if they knew the residents' at 509 Baldwin and they said no. They said they knew Rob and Marline pretty good, and some of the other residents, but the people at 509 had just moved in. I gave them my card and explained to them that we were going to have our Crime response program service available and if they needed anything they would provide services. I thanked them for their cooperation and left. NFNjlt
Supervisory Officer:

1.0.: _ __

Reporting Officer: OET JULIE L JOHNSON

1.0.: 2867

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Report 33

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as: 11/9/2012 10- Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer Involved Shooting Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/2012 02:46 Dispatch DatelTime: 11/09/2012 02:47 Reporting Officer: PO TYLER J GRIGG 4363 Special Routing:

From DatelTime: Thru Date/Time: Report sent:

CONTACT

JEREMY P LUND MIW DOB:_1978 (34 yrs) . S BALDwiN ST ~ADISON WI 0:

HOW 10'0: CONTACT

~BALLY

BRYNNE MCBRIDE FIW DOB: ~977 (35 yrs) ~ BALDWIN ST MADISON WI 0:

HOW 10'0: CONTACT

~BALLY

HOW 10'0:

HELEN NONN FIW . S BALDWIN ST MADISON WI 0: VERBALLY

OFFICER NARRATIVE On November 9,2012, at approximately 2:47 a.m., officers were dispatched to 513 S. Baldwin SI. reference a possible home invasion in progress. Shortly after the call was dispatched, I heard over the radio officer 508 explain that shots were fired and a subject was down. I then responded to the scene and activated my emergency lights and sirens. I was dressed in full military-style Madison Police Department uniform and operating marked squad car C443. I arrived on scene and positioned my squad car on Jenifer SI. just west of Baldwin SI. It should be noted that there is no camera footage on my squad car of the scene. Multiple officers arrived before me. I began to put up crime scene tape around the address of 513 S. Baldwin SI. I put crime scene tape in between houses and alleyways in the immediate area to block any pedestrian traffic.

. !II

I was then directed to coordinate with other officers on scene to begin going door to door to gather various witness statements, if any.

Baldwin St. Apt. At S. Baldwin SI. ApI. I spoke with Jeremy P. Lund. Lund explained to me that he works third incident, he explained that he was sitting in his chair in his living room, shl and during the time awake. Lund described to me that he heard people shouting, "Stop. Stop." Lund could not discern if it was a male or female voice. Lund told me that soon after, he heard a gun go off. Lund described the gunfire as five to six shots and told me it was definitively gunfire. Lund reported that immediately after the gunfire, he heard someone yell, which possibly was a female voice. Lund was unable to make out any words that the female was yelling. Lund told me that he then ran upstairs, to where his girlfriend

o~e

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was, to cover her up and possibly protect her if need be. Lund was unable to provide any further information regarding the incidenl. _ S. Baldwin st. made contact at Baldwin SI. and spoke to a Brynne McBride. McBride told me that she was sound asleep in her bed, but was awoken by two distinct "pops." McBride told me that she heard a 'pop, pop,' and then a female voice. McBride could only explain this female voice as being possibly angry. I asked McBride to explain why she thought the female voice was angry. McBride was unsure and explained to me that she heard loud talking, almost yelling. McBride told me that again, she was woken from a sound sleep to hear the 'pop, pop.' McBride told me that it did sound like possible guns or fireworks .

mn

.S.

. , . Baldwin St. lihe'n spoke with Helen Nonn at.S. Baldwin SI. Nonn explained to me that she was asleep in her bed when she heard three loud bangs. Nonn pOinted toward Spaight SI. and Baldwin SI. and thought that possibly the bangs came from that direction, but she was unsure. Nonn told me that after the three bangs, a couple minutes later, she heard sirens off in the distance and then looked out the window and saw squad cars and police officers on the scene. Nonn told me that she did notice that her alarm clock read 2:50 a.m. after she heard the three loud bangs. I was then directed by Sergeant Galen Wiering to provide scene security on the corner of Baldwin SI. and Jenifer SI. At approximately 4:00 a.m., Sergeant Krahn advised that I would be relieved of my posl. NFAljlt
Supervisory Officer:

1.0.: _ __

Reporting Officer: PO TYLER J GRIGG

1.0.: 4363

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109

Report 34

MADISON POLICE DEPARTMENT Report Completed: 11/9/2012 Occurred Incident: Dispatched as: 10- Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING INVESTIGATION Addr of Occurrence: 513 S Baldwin St From DatelTime: Call Date/Time: 11/09/201202:46 Thru DatelTime: Dispatch Date/Time: 11/09/201206:02 Report sent: Reporting Officer: DET CYNTHIA A BUECHNER 2965 Special Routing:

DECEASED

PAUL H HEENAN MNV _1982 (30YRS) STACY J TROUMBLY FNV _1983 (29YRS) 211 ~ROLL ST MADISON WI 53703 VERBALLY CITY OF MADISON

WITNESS

HOWID'D EMPLOYER

MENTIONED KEVIN O'MALLEY MNV _1973 (39YRS) PROPERTY INFO' Status Tag # Lkr# Description Code NPD FOLDING POCKET KNIFE E 291350 15 WITH 3 INCH BLADE Attachments: Photos of pocket knife INITIAL REPONSE On November g, 2012 I was contacted at home by Officer In Charge Sgt. Dave Compton who asked me to come in to assist in this officer involved shooting investigation. I arrived at the command post for this investigation at approximately 5: 1OAM and was briefed by Detective Denise Armstrong. After being briefed, Lt Kosovac requested that I contact the officer that was second on scene, identified by Lt. Kosovac as Stacy J Troumbly, and accompany her to the WPPA Headquarters located on John Nolen Drive, where I would interview her. I made contact with Officer Troumbly in Forensic Services where she was standing by with Officer Dan Frei. I introduced myself to Officer Troumbly and I made arrangements to meet Officer Troumbly and Officer Frei at the WPPA Headquarters. INTERVIEW WITH STACY TROUMBLY I meet Officer Troumbly and Officer Frei at the WPPA Headquarters at approximately 5:35AM. On the way up the stairs to the WPPA office, Officer Troumbly informed me that she had recovered a pocket knife from the deceased male's front right jean pocket. I asked her to, hold on to this knife until I spoke with her reference this investigation. I stood by with Officer Troumbly and Officer Frei until WPPA's attorney, known to me as Andrew Schauer, arrived at the office to speak with Officer T roumbly. Officer Mati Baker was also present at the WPPA office.
01/09/2013

Brand

Model

Serial No.

Est Value

Rec Value

107 110

Prior to leaving the command post, I was asked to count the rounds that Officer Troumbly had in her magazines and firearm. Officer Troumbly was not wearing her duty belt and told me that she left her equipment in her locker at the Central District. At 5:53AM Officer Troumbly gave me permission to enter her locker and gave me her locker combination. I passed this information on to the command post. At approximately 7:08AM, I had Officer Troumbly turn over the knife that she had taken off of the deceased male, identified through the command post as Paul H Heenan, to my custody so she could change clothes. I later took photos of this knife and property tagged the knife under tag #291350 placing it in locker 15 at NPD. This knife had a switch on the handle to open the blade. The total length of the knife was 7 inches with the blade measuring 3inches long. The photos of this knife are attached to my report. At approximately 8:05AM, Detective Tom Helgren arrived to assist me with the interviewing Officer Troumbly. At 8:17AM Detective Helgren and I began our interview with Officer Troumbly. Also present during this interview was Attorney Schauer. Officer Troumbly reported that she usually works 8pm to 4am, but was called into work prior to her scheduled shift to cover 2E 11 's beat. She told us that she started her shift between 6:35pm and 6:40pm and covered 2E 11 's beat until 8pm. Officer Troumbly reported that she was not dispatched to any calls of service during the time she was covering 2E 11 's beat. She told us that her regular beat assignment is a relief car downtown and at 8pm, she began riding 4D14. She stated that November 8 was her first da~ back to work after her days off. Officer Troumbly reported that she went to bed on November 8 between 3AM and 4AM and woke up at 10AM. She stated that she ate a bowl a cereal and then took a nap between 1PM and 3PM. She told us that she ate after waking up from her nap. She told us that she does not wear glasses or contacts. She stated that she was not currently taking any over the counter or prescribed medications.
1h

Officer Troumbly stated that she was dispatched to her first call at 8: 12PM, which was a domestic. She told us that she spent approximately 4 hours on this investigation with probable cause existing on the suspect in that investigation. She stated that she got back on the street from this investigation around 12AM and was dispatched to Johnny O's reference an ID issue, made a traffic stop, and went on a theft call with D7 where she checked the area for D7. She reported that she also went to the CCB where she did follow-up, checked emails, and ate dinner Officer Troumbly reported that she was working on a report in the parking lot of an industrial business located on the southeast corner of E. Main and Patterson St. She told us that at approximately 2:40am, officers were dispatched to the 500 block of S. Baldwin Street for a burglary in progress. She stated that the officers dispatched were at the square or west of the square and since she was closer to this call than the officers dispatched, she volunteered to go. She reported that Officer Heimsness cleared from the call he was assigned to and volunteered to respond to this burglary in progress also. Officer Troumbly reported that dispatch advised that the caller was upstairs with four children and the caller's husband went downstairs to investigate the possible burglary in progress. She told us that she exited the parking lot onto East Washington travelling eastbound turning right onto S. Baldwin Street. She reported that she knew the burglary in progress was in the 500 block of Baldwin, but she could not recall the exact address. She stated that she was travelling to this call routine and did not have her emergency lights and siren activated. She reported that just prior to her crossing Williamson Street; she heard Officer Heimsness state on the radio that he was "23." She stated that after she crossed Williamson Street, she turned off her headlights.

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Officer Troumbly stated that she parked her marked squad in front of the bus shelter in the 400 block of S. Baldwin St. just north of where Jennifer Street intersects with S. Baldwin st. She stated that as she exited her squad, she saw a flashlight flicker toward her from the area of Spaight Street and S. Baldwin St. She told us that this flashlight flicker came from Officer Heimsness who was signaling to her his location and direction of travel through his flashlight flicker. She stated that she did not see Officer Heimsness squad. Officer Troumbly reported that Officer Heimsness was walking to the east side of S. Baldwin so she walked diagonal from the west side of S. Baldwin near Jenifer St to the east side of S. Baldwin crossing Jenifer St. Officer Troumbly reported that as she was beginning to walk down the east side of the sidewalk in the 500 block of S. Baldwin St, she heard a radio transmission with Officer Heimsness saying that he was in contact, so she began to walk at a faster pace toward his location. She stated that as she was walking southbound on the sidewalk she saw three people in the middle of the block on the sidewalk. Officer Troumbly told us that prior to Officer Heimsness saying that he was in contact, Dispatch advised that the husband of the caller was wearing a gray shirt. She stated that Dispatch did not air a description of the suspect. She reported that as she was approaching the area of where Officer Heimsness was out with the two other subjects, she saw a male in the gray shirt, later identified by the command post as Kevin O'Malley, moving back and forth from the sidewalk in front of 513 S. Baldwin to the porch of 513 S Baldwin St. She told us that she was aware of O'Malley's presence, but did not focus on him when she was approaching as his clothing matched the description of the caller's husband that was aired by Dispatch. She stated that as she was approaching 513 S. Baldwin, she heard Officer Heimsness command "get back" and "stop." Officer Toumbly reported that she saw Officer Heimsness in a physical confrontation with a male wearing a black jacket, who was later identified by the command post as Paul Heenan. She stated that this confrontation was taking place just north of the porch of 513 S. Baldwin on the sidewalk. She told us that Heenan was standing with his back in her direction and between her and Officer Heimsness. She stated that she observed Officer Heimsness and Heenan going from side to side and Officer Heimsness continued to give commands of "stop," "back," and "get back" to Heenan. She stated that she was also able to observe that Officer Heimsness had one arm out pushing Heenan back in an attempt to create space between him and Heenan. She stated that seeing Officer Heimsness's actions and hearing his verbals, she knew that Officer Heimsness was in distress so broke out into a sprint toward Officer Heimsness's location. She stated that as she was sprinting, she pulled out her taser with her right hand, going across the front of her body, bringing the taser out of the holster. She stated that as she was bringing the taser up from its holster, she heard "pop, pop, pop" which she believed to be gunfire so she holstered her taser and drew her firearm. She estimated that she was approximately 10 to 15 feet away from Officer Heimsness and Heenan when she heard this gunfire. Officer Troumbly stated that after hearing the gunfire, she saw Heenan stagger backwards two steps and fall backwards with his head landing on the terrace near an object similar to a tree or pole. She stated that after the shots were fired she saw O'Malley from the right side of her vision as she was approaching. She stated that O'Malley stated something to the effect "0 my God" and walked into his residence at 513 S Baldwin St. She stated that both her and Officer Heimsness were giving Heenan commands of "get down," "stay down," and "don't move." She told us that when she approached Heenan his head was on the terrace and his feet were on the concrete approach to the driveway just north of 513 S. Baldwin St. She stated that she had her gun drawn on Heenan and was giving commands to "don't move." She told us that Heenan's arms were moving and she could tell he was having difficulty breathing. She

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advised that she moved toward Officer Heimsness who was standing not more than 3 feet west of Heenan and asked him if he was okay. She told us that as she was approaching Officer Heimsness to ask him if he was okay, Officer Heimsness was on the radio telling dispatch that shots were fired. She stated that Officer Heimsness told her he was okay and she looked briefly toward 513 Baldwin St to visually clear the area for threats. She told us that she then inched east, still maintaining cover on Heenan and visually checking the area for any potential threats. She stated that once she had visually cleared the area, she holstered her gun, put on latex gloves, and began to render aid to Heenan. She advised that she opened up Heenan's jacket and saw that he had a wound to the middle of the left side of his chest and wound to the middle of the right side of his chest. Officer Troumbly stated that she applied pressure to both wounds. She advised that she could feel that air was escaping these wounds and she continued to apply pressure. She stated that Heenan did not make any statements and she could hear gurgling sounds. She reported that she then heard agonal breathing at which point she checked for a pulse, but could not locate a pulse. Officer Troumbly told us that she never saw O'Malley after he entered his residence when shots were fired. Detective Helgren asked Officer Troumbly if she could recall times of any of the events that occurred and she told us she could not recall or estimate the times of these events occurring nor the length of these events. She stated that she remembers that a channel was set up for this investigation and Sgt. Krahn was the next to arrive on scene. She stated that she had informed Sgt. Krahn that Heenan was PNB. She stated that Sgt Krahn told her to frisk Heenan for weapons and that was when she located the pocket knife she had turned over to my custody. She stated that she found this pocket knife in Heenan's right front jean pocket. She reported that this knife was clipped on to his pocket with the knife being in his pocket and the clip being on the outside of his pocket. Officer Troumbly reported that Officer Carrie Hemming then arrived on scene and began dressing Heenan's wounds and applying pressure to the wounds while she began administering CCR. She stated that Officer Hemming then took over CCR until paramedics arrived on scene. Officer Troumbly stated that Sgts began showing up on scene and she was told to stay with Heenan. She stated that she stood by for awhile with Officer Hemming and then they were directed to go sit her squad. She advised that prior to leaving the area; she and Officer Hemming checked their person for any casings. She stated that she was then told to go to CCB where she stood by with Officer Hemming and Officer Frei prior to coming the WPPA Headquarters. Officer Troumbly reported that she did not see Heenan or O'Malley with any weapons. She told us that the only words she heard O'Malley say were "0 my God" when he went into his home after the shooting. She told us that the only words she heard Officer Heimsness say were the commands to Heenan, shots fired over the radio, and telling her she was okay when she asked. She stated that she did not hear Officer Heimsness say anything else. Officer Troumbly advised that she did not see anyone else in the area of the 500 block of S Baldwin nor did she hear anyone say anything while she was on scene. I asked Officer Troumbly if she had any further information provide that we did not ask her about and she stated at this time she did not have any further information to provide at this time. This interview concluded at 9:03AM. Detective Helgren and I responded to the command post to provide a summary of the information we learned from Officer Troumbly. WALK THROUGH WITH OFFICER TROUMBLY AT THE SCENE At approximately 10: 1OAM, Detective Helgren and I met Officer Troumbly in the 500 block of S Baldwin St. to walk through the scene Also present during this walk through was Attorney Schauer, WPPA's Director of Field Services Joe Durkin, Detective Michelle Riesterer, Detective Greg Esser, and Officer Dan Frei.

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When we started the walk through, Officer Troumbly pointed out the bus shelter where she parked her squad. This bus shelter is located on the west side of the 400 block of S. Baldwin St just north side of Jennifer Streel. She reported that when she exited her squad, she saw Officer Heimsness flash his flashlight indicating to her that he was walking to the east side of S. Baldwin Street in the 500 block. She stated that she walked diagonally from her squad to the east side of the 500 block of S. Baldwin crossing Jennifer Street. She pointed out that as she was walking up the corner curb approaching the sidewalk she saw that there was a physical confrontation occurring near the middle of the 500 block of S. Baldwin. She stated that there was an orangish/yellow light illuminating Officer Heimsness. She stated that from her prospective, Officer Heimsness was standing to the left of Heenan facing him. She told us that she saw Officer Heimsness push Heenan back with his left hand. She estimated that Heimsness and Heenan were not more than 1 % to 2 feet apart at this time. She told us that she did not see anything in Officer Heimsness's or Heenan's hand. She stated that Heenan then moved in front of Officer Heimsness so she could no longer see Officer Heimsness. Officer Troumbly told us that she could hear Officer Heimsness give loud and direct orders to Heenan telling Heenan to "stop" and "get back" as she was approaching. Officer Troumbly reported that when she approached the driveway between 503 and 507 S. Baldwin SI., told dispatch she was "23" and began running toward Officer Heimsness and Heenan. She stated that she normally tells dispatch that she is "23" as she is approaching a call in her squad. She told us that did not know why she waited until she was approaching the scene on foot to tell dispatch she was "23," She told us that she saw that Officer Heimsness and Heenan were in a physical altercation so she began drawing her taser as she was approaching the front of 509 S. Baldwin SI. She reported that as she was just to the south of the porch of 509 S. Baldwin St, she heard "pop, pop, pop" so put her taser back in the holster and drew her firearm. She told us that she had her firearm drawn just before she approached 511 S. Baldwin SI. Officer Troumbly advised that she witnessed Heenan stagger backwards for two steps and then fall back with his head landing near the light pole just north of the approach to the driveway for 511 S. Baldwin and his feet were on the landing to the approach of this driveway. She stated that when Heenan went down, she saw that Officer Heimsness had his firearm drawn. She reported that she saw O'Malley out of the right side of her vision and stated that O'Malley was standing near the street on the southwest corner of the terrace near the approach of the driveway when the shots were fired. She reported that after the shots were fired, O'Malley walked into his house. Officer Troumbly reported that she and Officer Heimsness were giving orders to Heenan to "stay down." She stated that she had her gun drawn on Heenan and walked in a triangle from Heenan's head onto the front lawn of 511 S. Baldwin St covering Heenan with her firearms to Officer Heimsness's location. She stated that as she was doing this triangle, Officer Heimsness was radioing in to dispatch that shots were fired. She stated that Officer Heimsness was standing on the approach of the driveway to 511 S. Baldwin near the sidewalk to the south of Heenan approximately 3 feet from Heenan. She advised that Heimsness still had his weapon drawn and she asked him if he was okay. She stated that she could not remember Officer Heimsness's exact response, but knows he gave a positive response indicating to her that he was okay. Officer Troumbly stated that she then moved back to the north east in a triangle to the head of Heenan to visually clear the immediate area. She stated that she then came to the side of Heenan, holstered her weapon, put gloves on, and began to render aid. I asked Officer Troumbly about lighting in the area. She told us that she could only remember the orangish/yellow light, but did not know the location of this light. She did not recall any other lighting in

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the area. Del. Helgren asked Officer Troumbly if she or Officer Heimsness were using their flashlights and she stated that neither one of them had their flashlights out until aid was being rendered. I asked Officer Troumbly if the physical altercation she witnessed started at different area than where the shots were fired. She stated that from a distance it looked like the physical altercation began more in front of 513 S. Baldwin and moved to the area of the driveway between 511 S. Baldwin and 513 S. Baldwin. We didn't have any further questions for Officer Troumbly, so she left the scene. The walk through of the scene concluded at approximately 10:35AM. SI Joel Holum responded to the scene and Detective Helgren and I walked him through what we were told by Officer Troumbly so he could make a diagram of the events she described. When I later returned to the command post after doing the walk through at the scene with Officer Troumbly, I learned that the rounds in Officer Troumbly's firearm and magazines had not been .counted. At approximately 11 :43AM, I entered Officer Troumbly's locker and removed her duty belt and then secured her locker. At 11 :46AM Detective Helgren and I counted the rounds in Officer Troumbly's firearm and magazines and there were no rounds missing. I secured Officer Troumbly's duty belt in her locker at approximately 11 :50AM.

Supervisory Officer: Reporting Officer:
DET CYNTHIA A BUECHNER

1.0.: _ __

1.0.: 2965

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Report 35

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
1119/2012

10- Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch Date/Time: 11109/201202:47 Reporting Officer: DET DENISE E ARMSTRONG 2601 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

SUSPECT

PAUL H HEENAN MIW DOB~982 (30 yrs) 509 S. BALDWIN ST. #2 MADISON WI KAREN J KRAHN FIW DOB: _ 9 5 9 (53 yrs) 211 S. CARROI'I"ST. MADISON WI W: (608) 261-4296 PERSONAL KNOWLEDGE KEVIN O'MALLEY 513 S. BALDWIN ST. MADISON WI 'CONTACTED

CONTACT

HOW ID'D: WITNESS

INTERVIEW WITH SGT. KAREN KRAHN: On 11/9/12 I assisted in this investigation. I was directed by Lt. Kosovac to interview Sgt. Karen Krahn. I spoke with Sgt. Krahn in the Central District sergeant's office. I have known Sgt. Krahn since I began my employment with the Madison Police Department over 15 years ago. DISPATCH: Sgt. Krahn told me she heard the call for S. Baldwin St. come out of the radio when she was outside Logan's in the 400 block of W. Johnson St. Sgt. Krahn said she had not been dispatched to the call, but because it was dispatched as a burglary in progress she started driving toward the scene. Sgt. Krahn said she recalled the dispatcher advising there was a burglary in progress and that the wife, who was calling, heard noises downstairs. Sgt. Krahn said dispatch advised the husband had gone downstairs and provided his clothing description as plaid flannel pajama bottoms and a gray t-shirt. Sgt. Krahn recalled hearing PO Heimsness going "23," which means arrival on scene. Sgt. Krahn said PO Heimsness had been on another call and that two other MPD units were originally dispatched to this call. Sgt. Krahn said she heard PO Heimsness clear from the call he was on and volunteer to respond to this call, which was in his beat. Sgt. Krahn told me PO Troumbly was not originally dispatched to this call either, but had gotten on the radio and advised she was on E. Washington Ave., closer than one of the originally dispatched units, and would be responding. SGT. KRAHN ROUTE: Sgt. Krahn recalled driving down E. Johnson St. to Blair st. and then turned left onto E. Washington Ave. to head east. Sgt. Krahn said as she turned onto E. Washington Ave. she heard PO Heimsness arrive at the scene. Sgt. Krahn believed approximately 30 seconds later PO Troumbly arrived on scene. Sgt. Krahn stated she was not driving with her lights or siren on but recalled crossing State st. and having to wait for a pedestrian who was walking against the traffic light. Sgt. Krahn told me

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she flipped her emergency lights on to get by the pedestrian because although she was not responding emergently, she was in a hurry to get to the call because it was a burglary in progress. Sgt. Krahn told me she was at E. Washington Ave. and Patterson St. when she heard PO Heimsness call out "shots fired". Sgt. Krahn told me she immediately activated her emergency lights and siren and proceeded toward the scene. Sgt. Krahn said she approached southbound on S. Baldwin St. and put her squad at the intersection of S. Baldwin St. and Jennifer St. to block traffic.
SGT. KRAHN ARRIVES ON SCENE: Sgt. Krahn said she approached the scene on foot and saw the deceased, later identified as Paul Heenan, lying on his back on the north side of the driveway between 513 and 511 S. Baldwin St. Sgt. Krahn described that he was near the sidewalk and terrace area near a pole on the western edge of the driveway. Sgt. Krahn said she saw the suspect had a chest wound consistent in appearance to a gunshot wound. Sgt. Krahn told me the suspect's eyes and mouth were open and he appeared to be deceased. Sgt. Krahn stated as she approached the scene, she saw PO Heimsness holding his service weapon in both hands in the "low ready" position maintaining focus on the suspect. Sg!. Krahn stated PO T roumbly was kneeling next to the suspect and assessing his condition.

Sgt. Krahn told me she asked PO Heimsness if he was the shooter and he confirmed that he was. Sgt. Krahn recalled that either PO Heimsness or PO Troumbly told her the suspect had a knife clipped in his right front pants pocket. Sg!. Krahn recalled seeing the silver clip of the knife on the outside of the pocket. Sgt. Krahn told me PO Troumbly removed the knife. Sgt. Krahn stated she directed PO Troumbly to frisk the suspect, which PO Troumbly then did. Sgt. Krahn said the suspect was not handcuffed.
PO HEIMSNESS INITIAL STATEMENT: Sgt. Krahn told me she approached PO Heimsness and the two started walking away from the scene, back toward PO Heimsness' squad which was parked to the south of the scene on S. Baldwin St. Sgt. Krahn said PO Heimsness stated to her that when he pulled up to the scene, the suspect was "struggling with the homeowner". Sgt. Krahn said PO Heimsness told her he ordered the suspect to the ground but the suspect did not comply. Sgt. Krahn said PO Heimsness told her, "He came at me and I shot to get him off of me." Sgt. Krahn said PO Heimsness made these statements of his own will and not in response to any questions she asked him. Sgt. Krahn told me she did ask PO Heimsness if he was injured and he replied that he was not.

Sgt. Krahn asked PO Heimsness if he wanted to sit in his car, which PO Heimsness agreed to do. Sgt. Krahn said she walked PO Heimsness down to his car. Sgt. Krahn told me after PO Heimsness was in his car, PO Hemming arrived on scene and PO Hemming and PO Troumbly started CCR on Paul Heenan. Shortly thereafter, Fire Rescue arrived on scene. Sgt. Krahn told me PO Felt was the fourth officer to arrive on scene and was directed to stand by with PO Heimsness. Sg!. Krahn told me Sg!. Fiore, PO Martinez, PO Franco and PO Mertz arrived on scene next and proceeded to clear the residence at 513 S. Baldwin St. Sgt. Krahn stated PO Crose and PO Conrad were directed to the back of the residence at 513 S. Baldwin S!. when they arrived. Sg!. Krahn said once the house was clear, PO Franco stood by with the family upstairs. Sgt. Krahn told me PO Dan Frei arrived on scene and then stood by with PO Heimsness in place of PO Felt.

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INTERVIEW WITH KEVIN O'MALLEY: Sgt. Krahn said while she was at the scene, she overheard PO Franco's interview with Kevin O'Malley, the homeowner, while they were talking on the steps just inside the front door. Sgt. Krahn told me she heard Kevin identify the decedent as "my neighbor from two doors down". Sgt. Krahn said Kevin told PO Franco the neighbor was drunk and had come to Kevin's residence. Sgt. Krahn said Kevin commented that he was trying to tell the officer that Paul Heenan was his neighbor. Sgt. Krahn described how Kevin put his hands, palms up, as he said this to imply that he didn't understand how this could have happened. Sgt. Krahn told me PO Franco left the residence to brief other officers on what Kevin had said, but then went directly back into the residence and remained with the family until detectives arrived on scene. Sgt. Krahn said she was advised by one of the officers that Nathan and a female were spoken to at 509 S. Baldwin St. and advised their roommate Paul Heenan hadn't come home yet. Sgt. Krahn said at that point she began to think that the decedent was Paul Heenan. PO TROUMBLY'S STATEMENT: I asked Sgt. Krahn if she had spoken with PO Troumbly about what she had seen. Sgt. Krahn said she did. Sg!. Krahn told me PO Troumbly advised she had walked into the area on foot from Jennifer St. on the east side of the street. Sgt. Krahn said PO Troumbly reported seeing PO Heimsness and Heenan "close together". PO Troumbly reported to Sgt. Krahn she then heard three shots and described herself as being three feet away at the time the shots were fired. PO Troumbly described to Sgt. Krahn how she saw the suspect stagger backward and fall down. I asked Sgt. Krahn if she heard any radio transmissions between the time PO T roumbly arrived on scene and PO Heimsness called out shots fired. Sgt. Krahn said she had not but that PO Conrad reported hearing a partial keying of the microphone and the word "fight". SECOND CONTACT WITH PO HEIMSNESS: Sgt. Krahn told me she approached PO Heimsness once the scene was under control and checked his welfare. Sgt. Krahn said PO Heimsness was with Inv. McEvoy and described seeing Inv. McEvoy swabbing PO Heimsness' hand. PO HEIMSNESS WEAPON: Sgt. Krahn said she heard Inv. McEvoy ask PO Heimsness how his magazines are loaded. Sgt. Krahn recalled PO Heimsness saying he carries a Glock 17 and that he keeps his weapon fully loaded, meaning 17 rounds in the magazine and one in the chamber. Sg!. Krahn said PO Dan Frei was with PO Heimsness at this point and that she did not ask PO Heimsness any questions. Sgt. Krahn said during this contact with PO Heimsness, he asked how PO Troumbly was doing. Sgt. Krahn recalled PO Heimsness saying he "didn't even know where she (PO Troumbly) was" during this incident. Sgt. Krahn described PO Heimsness as "calm and together" during her contact with him. I asked Sgt. Krahn if there was anyone outside when she arrived at the scene. Sgt. Krahn said no one was out there except for PO Heimsness, PO Troumbly and Heenan. SCENE:

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I asked Sgt. Krahn what the lighting was like. Sgt. Krahn told me it was dark. Sgt. Krahn stated there are streetlights in the neighborhood but there are also very large trees. Sgt. Krahn said it was "pretty dark" and described how when PO Hemming and PO Troumbly were conducting CCR on Heenan that they said, "We need some light here" and Sgt. Fiore illuminated the body with his flashlight.

I asked Sgt. Krahn if she remembered whether PO Heimsness had a flashlight and she told me she did not recall but that PO Heimsness usually does. I asked if PO Heimsness had a flashlight in his hand and Sgt. Krahn said he did not because she recalled him having both hands on his service weapon when she arrived on scene. I asked Sg!. Krahn if there were outside lights on at 513 S. Baldwin S!. when she arrived and she told me she did not think so. Sg!. Krahn could not recall if the door to 513 S. Baldwin S!. was open or closed, but said the homeowner (Kevin O'Malley) was not outside. I asked Sg!. Krahn if there were any visual obstructions and she told me there were no!. I asked Sg!. Krahn if she smelled any gunpowder when she arrived and she said she did no!.
PO HEIMSNESS EQUIPMENT: I asked Sg!. Krahn about PO Heimsness' uniform. Sg!. Krahn said PO Heimsness was wearing a long-sleeved MPD military uniform shirt. Sgt. Krahn stated PO Heimsness did not appear disheveled when she saw him, but also commented that she did not look closely. I asked Sg!. Krahn about PO Heimsness' radio and Sg!. Krahn told me she believes PO Heimsness usually loops his radio cord around his back. Sg!. Krahn could not recall how PO Heimsness' radio was. Sg!. Krahn told me PO Heimsness does not wear an earpiece. I asked Sg!. Krahn if PO Heimsness was wearing gloves and she told me he was no!. I asked if PO Heimsness had a taser and Sg!. Krahn said she did not recall. I asked Sg!. Krahn if she had been on any other calls with PO Heimsness on this night and she said she had not. Sgt. Krahn said she had started work earlier than PO Heimsness. Sgt. Krahn told me PO Heimsness was working 5D8. Sgt. Krahn recalled that after she had arrived on scene she had requested a channel. Sg!. Krahn stated she, PO Heimsness and PO Troumbly were the only officers on scene at the time she requested the channel. Sgt. Krahn told me when she asked for the channel PO Heimsness had commented that they probably do not need a channel because "he's dead."
1.0.: _ __

Supervisory Officer: Reporting Officer:
DET DENISE E ARMSTRONG

1.0.: 2601

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Report 36

MADISON POLICE DEPARTMENT Report Completed: 11/9/2012 Occurred Incident: Dispatched as: 10- Residential Burglary 10 - Residential Burglary Case No: Ref. No: Grid: 2012-320242 Supplement MARQUETTE

Sec/Area: 410 CENTRAL

Case Offense: OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/2012 02:46 Dispatch Date/Time: 11/09/201206:02 Reporting Officer: DET JUSTINE V HARRIS 3790 Special Routing: DT RIESTERER, DT ESSER

From DatelTime: Thru DatelTime: Report sent:

SUSPECT

PAULHHE~

STATUS: CONTACT

MIW DOB:_1982 (30 yrs) 509 S BALDWIN ST 2 MADISON WI DECEASED MICHAEL G MCEVOY MIW DOB:_1962 (50 yrs) 211 S CAR~ST MADISON WI 53703

MENTIONED STEPHEN HEIMSNESS MIW 211 S CARROLL ST MADISON WI NARRATIVE On 11/9/12 I was asked, as part of my ongoing investigation of the officer-involved shooting which had occurred at 513 South Baldwin Street, to interview Investigator Mike McEvoy, who had been present soon after the shooting. Lieutenant Kosovac wanted me to interview Investigator McEvoy as he had had contact with Officer Heimsness, who had been involved in the shooting. I interviewed Investigator McEvoy in one of the small interview rooms at the Central Police District. I asked Investigator McEvoy what shift he had been working when the shooting had occurred. Investigator McEvoy stated that he had started the evening at 11 :OOpm and said his shift was scheduled to end at 7:00am the following morning. Investigator McEvoy stated that he was working as an investigator when the shooting occurred. Investigator McEvoy stated that his area of responsibility was the entire City of Madison. I asked Investigator McEvoy to tell me from the beginning of the first dispatch what occurred. Investigator McEvoy stated that at approximately 2:46am he heard Dispatch announce that there was a "B&E in progress." Investigator McEvoy stated that his understanding was that the wife in the home was calling this in and that her husband had gone to investigate the burglary. Investigator McEvoy stated that Dispatch described the husband as wearing red flannel pajama pants and a gray T-shirt. Investigator McEvoy stated that a short time, possibly just a couple of minutes, later Officer Heimsness announced that he was on scene. Investigator McEvoy stated that very soon after that, someone (he's not sure who) announced over the radio that there was a "10-10." Investigator McEvoy is aware that this is a standard police code for fight in progress. Investigator McEvoy stated that very soon after that, he heard Officer Heimsness state over the radio, "Shots fired. Man down."

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Investigator McEvoy stated that Officer Heimsness sounded calm and not excited. Investigator McEvoy stated that Officer Heimsness sounded "very professional." Investigator McEvoy immediately responded to the scene where this had occurred. Investigator McEvoy stated that he arrived on the scene at 2:55am. Investigator McEvoy believes he was responding from the Bedford St and John Nolen Drive area. I asked Investigator McEvoy what he saw when he arrived on scene. Investigator McEvoy stated that he observed that Sergeant Krahn was already on scene. Investigator McEvoy stated that he also observed Officer Stacy Troumbly and other officers (he was not sure which) were present. Investigator McEvoy stated that he observed the deceased, later identified as Paul Heenan, lying on the sidewalk near the utility pole. Investigator McEvoy observed that there were officers attempting CCR on Heenan. Investigator McEvoy stated that at this point he assisted with getting crime scene tape put up around the area. Investigator McEvoy believes that they were able to lock down the scene relatively quickly. Investigator McEvoy stated that during this time, the Fire EMS emergency crews responded, attempted resuscitation, and ultimately left. Investigator McEvoy does not remember how he became aware that Officer Heimsness was the officer who shot Heenan. Investigator McEvoy believes that someone perhaps told him this while he was on scene. Investigator McEvoy stated that after he found this out, he walked over to the squad in which Officer Heimsness was seated. Investigator McEvoy stated that Officer Heimsness's squad was located on Baldwin Street at Spaight Street. Investigator McEvoy stated when he arrived at the squad, Officer Heimsness was in the squad with Officer Dan Frei. Investigator McEvoy noted that Officer Heimsness was dressed in his long-sleeve military uniform. Investigator McEvoy asked Officer Heimsness if he would be willing to give a "snapshot" of what had occurred. Officer Heimsness agreed to do this. Officer Heimsness gave Investigator McEvoy the following statement while Officer Heimsness was still sitting in the squad car. The squad car was located approximately 150 feet away, based on Investigator McEvoy's measurements, from the scene of the incident. Investigator McEvoy described that the account that Officer Heimsness gave was based on Heimsness' memory and not a direct view of the scene as it currently stood. Investigator McEvoy asked Officer Heimsness to give him information on approximately how many rounds they should be looking for, how many casings, any areas where there might be DNA transfer, and other issues related to evidence collection. Officer Heimsness told Investigator McEvoy that the suspect, Paul Heenan, came at him. Officer Heimsness stated to Investigator McEvoy that Heenan was grabbing at Officer Heimsness's left arm. Officer Heimsness believed that there was possible DNA transfer on the left sleeve of his uniform shirt and also possibly on his left hand. Officer Heimsness also explained that Heenan was reaching for and possibly may have grabbed the barrel end and slide area of his gun. Officer Heimsness stated to Investigator McEvoy that he believed he fired three rounds in quick succession. He described the direction of fire. Officer Heimsness explained that he was on the south side of the sidewalk and was facing the suspect, who was on the north side of the sidewalk. As Officer Heimsness described this, Investigator McEvoy believed that, based on Officer Heimsness's description, Officer Heimsness would have been firing towards the Jenifer Street area. Officer Heimsness told Investigator McEvoy that Heenan went down to the ground right away after he had

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fired the shots. Officer Heimsness explained that he believes that the incident occurred pretty much right where Heenan fell to the ground. Investigator McEvoy described Officer Heimsness as "very calm and very cooperative." Officer Heimsness appeared to Investigator McEvoy to want to be of assistance in the investigation. Investigator McEvoy also noted that Officer Heimsness seemed to be trying to keep his left sleeve and arm area protected from any contamination that might affect the DNA transfer. In addition to trying to collect DNA from these areas, Investigator McEvoy also had Officer Heimsness remove his gun from his holster so that Investigator McEvoy could swab it for DNA transfer. Investigator McEvoy did ask Officer Heimsness to call him or contact someone in the department if he remembered anything else that might be of evidentiary value to the investigation. Officer Heimsness did agree to do this. Investigator McEvoy stated that this was the end of his contact with Officer Heimsness. NFl/jas Supervisory Officer: Reporting Officer: DET JUSTINE V HARRIS
I.D.: _ __

I.D.: 3790

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Report 37

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as: 11/9/2012 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/2012 02:46 Dispatch DatelTime: 11/09/201202:47 Reporting Officer: DET KRISTINE ACKER 2781 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

CONTACT

JEFFREY FELT

'CONTACTED

MNV
211 S CARROLL STREET MADISON WI EMPLOYER: CITY OF MADISON POLICE On 11/9/12 at about 12:22 pm and 1:45 pm, I contacted P.O. Jeffrey Felt via telephone. P.O. Felt stated that he had rested for a couple of hours and was able to speak with me at this time. I asked P.O. Felt to tell me what, if any, recollection he had about what P.O. Heimsness may have said to him upon contact with P.O. Heimsness this morning. P.O. Felt told me that he arrived in the area this morning, and there were already 8-10 officers on scene. P.O. Felt stated he contacted Sg\. Karen Krahn, who told him to go check in with P.O. Heimsness, who was presently seated in a squad car. P.O. Felt advised that he went to P.O.Heimsness, who was still seated in a squad car. P.O. Felt advised that he (P.O. Felt) stood outside of the squad P.O. Heimsness remained seated during their approximate 1 minute conversation. Please note, at the time of this incident, the decedent's name was not known, however for clarity in reading, I will refer to him by name as Paul Heenan. P.O. Felt told me that he approached P.O. Heimsness and just asked how he was doing. P.O. Felt said that P.O. Heimsness replied, while staring straight ahead, "I was sent to a burglary," as if in disbelief of this whole situation. P.O. Felt said that P.O. Heimsness told him that he (Heimsness) saw the male (Heenan) fighting with the homeowner upon his (Heimsness') arrival on scene. P.O. Felt stated that P.O. Heimsness said the homeowner disengaged from the fight or struggle with Heenan, while he (Heimsness) had his handgun out, giving orders for Heenan to get on the ground. P.O. Felt said that P.O. Heimsness told him that Heenan charged at him (Heimsness). P.O. Felt advised that P.O. Heimsness said he (Heimsness) and Heenan struggled and Heenan either grabbed his (Heimsness') handgun, or attempted to grab his handgun. P.O. Felt advised that he stood with P.O. Heimsness until P.O. Dan Frei approached, at which point he (Felt) parted their company. P.O. Felt mentioned that he spoke with P.O. Heimsness about 30-45 minutes after this initial contact with him, but they just talked about things not related to this matter, such as the upcoming shift pick process. I asked what P.O. Heimsness' emotional state was. P.O. Felt said that during his first contact with P.O. Heimsness, P.O. Heimsness seemed "normal," and not overly emotional, however his speech pattern was a little quicker than when he talked to P.O. Heimsness 30-45 minutes later.

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P. O. Felt commented that he could only imagine that an officer would be in shock and processing adrenalin.

I told P.O. Felt to let me know if he remembered anything else in the coming hours/days.
NFA

Supervisory Officer: Reporting Officer:
DET KRISTINE ACKER

I.D.: _ __

I.D.: 2781

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Report 38

MADISON POLICE DEPARTMENT Report Completed:
11/9/2012

Occurred Incident: 17 - Death Investigation Dispatched as: 10- Residential Burglary Case Offense: DEATH INVESTIGATION Addr of Occurrence: 513 S Baldwin SI Call DatelTime: 11/09/2012 02:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET JAMAR J GARY 3268 Special Routing:

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

From Date/Time: Thru DatelTime: Report sent:

CONTACT TONY FIORE EMPLOYER: MPD, SERGEANT, BADGE NO. 2864 OFFICER NARRATIVE On 11/09/12 De!. Michelle Riesterer asked me to follow up with Sergeant Tony Fiore in reference to PO Steve Heimsness reference the above listed case. On 11/9/12 at 6:52pm I interviewed Sergeant Tony Fiore in reference to his contact with Police Officer Steve Heimsness. I advised Sergeant Fiore that I had reviewed his supplemental report and I asked him if he remembered having any conversation with Officer Heimsness. Sergeant Fiore stated that he spoke with Officer Heimsness after the scene was secure, who was seated in the driver's seat of his squad car at the time with the driver's-side window down and his left arm resting on the windowsill of the driver's-side door. Sergeant Fiore stated that he briefly asked Officer Heimsness, "Are you doing okay?" Sergeant Fiore stated that Officer Heimsness replied, "I'm doing good." Sergeant Fiore stated that he did not speak any further with Officer Heimsness, and he stated that Officer Heimsness did not speak at all about the incident he had been involved in or any other details to Sg!. Fiore. I asked Sergeant Fiore if there were any other individuals around that could have heard what Officer Heimsness was saying to Sergeant Fiore or to anyone else at the time Sergeant Fiore had contact with Officer Heimsness. Sergeant Fiore stated that Officer Dan Frei was already speaking with Officer Heimsness when Sergeant Fiore approached PO Heimsness. Sergeant Fiore stated that he also believed that Investigator Mike McEvoy had interactions with Officer Heimsness. Sergeant Fiore stated that he spoke with Officer Dan Frei about how to return Officer Heimsness' squad car back to the CCB in order to download the squad video from the vehicle. Sergeant Fiore stated that he overheard Officer Frei ask Officer Heimsness if he wanted someone else to drive the squad car to the CCB. Sergeant Fiore stated that he heard Officer Heimsness respond, "No, I'll drive." Sergeant Fiore stated that he really didn't see anybody else speak with Officer Heimsness. I asked Sergeant Fiore what Officer Heimsness's demeanor was like when he spoke to him. Sergeant Fiore stated that Officer Heimsness seemed normal but focused. Sergeant Fiore added that Officer Troumbly appeared "starry-eyed." NFlljas Supervisory Officer: Reporting Officer: I.D.: _ __

I.D.: 3268
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DET JAMAR J GARY

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Report 39

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
11/9/2012

10 - Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER-INVOLVED SHOOTING 1 DEATH INVESTIGATION Addr of Occurrence: 513 S Baldwin SI Call Date/Time: 11109/201202:46 From Date/Time: Dispatch DatelTime: 11/09/201206:02 Thru DatelTime: Reporting Officer: DET GREGORY SESSER 2779 Report sent: Special Routing:

SUSPECT STATUS: CONTACT

PAULHHE.N MNV DOB. 982 (30 yrs) DECEASED MEGAN P O'MALLEY FNV DOB:_1972 (39yrs) 513S BALDWIN ST MADISON WI C : . -

EMPLOYER: CONTACT

WALDORFSCHOOL-SCHROEDER~

KEVIN T O'MALLEY MNV DOB:_1973 (39 yrs) 513 S BALD"'if\ii'N'ST MADISON WI C: _ _ EMPLOYER: GREAT LAKES - COMMUNICATIONS/~NT OFFICER NARRATIVE: On 11/9/12, I was at home and I received a telephone call from Lt Tim Peregoy of the Madison Police Department. Lt Peregoy informed me that there was an officer-involved shooting and that the address of occurrence was 513 S Baldwin St in the City of Madison, Dane County. Lt Peregoy asked that I respond in to the Central Police District to assist in this investigation. Upon arrival, I made contact with the Officer In Charge at the time, Sgt Dave Compton. Sgt Compton informed me that the address of occurrence was, in fact, 513 S Baldwin St and that CV1 was already on-scene and that I should respond to the scene and made contact with the scene commander, Captain Carl Gloede. At apprOXimately 4:19 a.m., I arrived outside of the scene near the intersection of Jenifer St and Baldwin St. At approximately 4:48 a.m., I entered the scene in an effort to make contact with the homeowner/victims in the O'Malley household at 513 S Baldwin St. As I entered the scene and was walking on the sidewalk from the south to the north, I inadvertently dropped a pack of gum (brand Orbit) within the crime scene. The Orbit gum pack, in general, however, did not appear to touch, nor was it anywhere near any of the placarded items of evidence that Investigator McEvoy had been working on. I was not even aware that I had dropped this pack of gum from my coat. Shortly thereafter, I learned that a pack of gum was located within the scene by Investigator McEvoy, and I promptly checked in with McEvoy, looked at the pack of gum and confirmed that it was mine. I entered the residence of 513 S Baldwin St at approximately 5:00 a.m. and made contact with Megan P. O'Malley and Kevin T. O'Malley. In making contact with Kevin T O'Malley, he informed me that he and Megan have lived in Madison for the last 10 years, having lived at 513 S Baldwin St, in the home

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that they own, Kevin O'Malley also informed me of the following four children in their family who were in their household at the time of the incident now being investigated:
The first child is date of bi identified was an date of birth child,

birthday of ~nd I childisa-.r disa--'

Primary Interview with Kevin O'Malley After much discussion as to where to interview Kevin O'Malley and Megan O'Malley, we ultimately made the decision to interview Kevin O'Malley in his residence, Kevin O'Malley and Megan O'Malley were very upset about what had happened, and they were primarily concerned with the welfare of their children, and how their children were going to perceive the events that unfolded on this evening, Kevin and Megan O'Malley were very insistent that they be in their home when their children wake up, Again, Kevin O'Malley stated that his four children - aged 12, 9, 5, and almost 2 years - were upstairs, asleep at this time,
I explained to Kevin O'Malley that I wanted him to simply start from the beginning and tell me what he knew, Kevin O'Malley stated that he was in bed with his wife, Megan, and their youngest daughter, _ All of the bedrooms in their home the upstairs portion of this two-story dwelling at 513 ~in Sl. Kevin O'Malley stated woken up prior to the events that soon unfolded and that his wife was likely awake with that he had likely, based on his recollection, , Kevin O'Malley stated that Megan woke him up and fallen back asleep, Sometime shortly told him that somebody had just opened their door and come into their house, Kevin O'Malley stated that he got up and he and his dog, a mixed lab/hound canine, went to the top of the stairs to address who had come into their home, Kevin O'Malley stated that he thinks it's possible that his dog barked, but he couldn't say for certain, Kevin O'Malley stated that he and his dog then went to the top of the stairs and he told his dog, "Go get 'em, Jake," Kevin O'Malley told me that Jake is the name of their dog, Kevin O'Malley stated that as he was at the top of the stairs, he could see a male at their front door, and that their front door was open, Kevin O'Malley stated that he could not recall at this time, when he was looking from the top of the stairs down towards their front door, whether this male was directly inside their house or at the threshold of their door. Again, however, Kevin O'Malley stated that their front door was opened, Kevin O'Malley stated that he was not sure if the screen door was opened, and again he could not tell me exactly if this male was standing inside their house at the time, or if he was at the door threshold, Kevin O'Malley stated that he then proceeded down the steps toward the front door. Kevin O'Malley stated that at this time he believed he began to recognize this male as a neighbor who had moved in during the last week or so, named Paul. Kevin O'Malley stated that he walked down the stairs and confronted Paul, who was standing, again, inside of their house or at the threshold of their front door. At this time, Kevin O'Malley stated that he recalled asking this male if his name was Paul, asking, "Paul, right?" Kevin O'Malley stated that this male responded, "Yeah," Kevin O'Malley stated that he recalled saying to Paul something to the effect of, "What's going on? This is our house," Kevin O'Malley stated that Paul did not respond to his question, Kevin O'Malley stated that he could sense that Paul was "struggling for words," I asked Kevin why Paul was struggling for words, and Kevin told me that he, in his quick assessment of Paul, believed that Paul was intoxicated, I asked Kevin if he smelled the odor of an intoxicant from Paul, and Kevin told me that he could not recall at this time whether he smelled an odor of an intoxicant coming from Paul. Kevin did state, however, that Paul was barely able to speak, Kevin O'Malley also stated that he thought that Paul said to him, "It's cold," At this time, Kevin stated to me that he was now thinking that he needed to get a key back from Paul. I asked Kevin about this, and he informed me that the front door of their residence locks automatically,

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and he believes that the key was likely left in their front door. Kevin went on to explain that, sometimes in their family, their keys to the front door are left in their front door, adding, "It's a bad habit." Kevin O'Malley stated that his wife, Megan, had taken the dog for a walk after she had gotten home, and he believed that Megan had left the keys in the front door. Kevin O'Malley stated that he had fallen asleep sometime in the early evening hours, and that he recalled that his daughter had been at a book festival and that she had come home around 9:00 p.m. Kevin O'Malley stated that once he realized that the person who was in his house had not been breaking in but was, rather, an intoxicated neighbor, he asked Paul for the key, because he believed that Paul had likely used the key to get into their house. Kevin O'Malley stated that when he asked Paul for his key, Paul reached into his pocket and pulled out a set of keys on a keychain, and that this set of keys that Paul had pulled out were not the keys that he was looking for. Kevin described the keys that Paul pulled out of his pocket as being a big set of keys. Kevin O'Malley stated that after he told Paul that these were not the keys that he was talking about, Paul reached into another pocket and pulled out an iPhone. Kevin O'Malley stated that he also reached into Paul's pockets, looking for this key. Kevin stated that he believed as he was feeling Paul's pockets for his key, he felt a box of cigarettes in Paul's pocket; the exact pocket was unknown to him. At some point during this interaction, Kevin stated that he and Paul stepped out onto their front porch. Kevin stated that he also observed at the bottom of the stairs a cigarette that appeared to have been slightly smoked. Kevin stated that he believes that he picked this cigarette up and gave it to Paul as he was trying to get Paul to get off of his property. Kevin stated that after he came to realize that Paul couldn't find his key, he wanted to get him off his property. I explored the key issue again with Kevin, and Kevin told me that Megan thinks that the keys she left in the door were the keys on a chain with other keys now on the radiator. Kevin stated that he saw as he walked down the stairs these keys and he remembered thinking that these were probably not the keys that Paul had used to come into his home. Kevin added that the keys on the radiator were in the location that they normally leave their keys and he figured it would have been odd that Kevin would have placed them in the exact same location. Kevin stated that for this reason he was thinking that perhaps Paul had found the sale key in the door and he now couldn't see it, therefore Paul must have had the key on himself or in one of pockets and he wanted it back. Kevin again told me that he was thinking at that time 'where is this key?' and he wanted to get it back from Paul. Kevin stated that once he came to the conclusion that he wasn't going to be able to get this key back from Paul, he wanted to get Paul back to his house. I asked Kevin if he was aware at this time that police officers had been summoned to come to his residence, and he informed me that he was not aware of this. Kevin stated that at this time when he was at the front door to his residence, talking with Paul, Megan had shouted down from their upstairs bedroom area, asking him if she should call 911. Kevin stated that he yelled back to Megan, "No." Kevin stated that he told Megan this because he knew that the person who had come into their house was a neighbor, and he knew that this neighbor, Paul, was intoxicated. I asked Kevin if he knew where Paul lived, and he told me that he did. I asked Kevin what he was wearing, and he stated that he was wearing a gray t-shirt with plaid pajama-bottom pants. Kevin stated that he remembered that Paul lived a couple houses away, towards Jenifer St, from his house. Again, Kevin stated that Paul had made the statement that it was cold outside. Kevin stated that as he was telling me all of this, he recalled that when Paul told him it was cold outside, Paul had actually tried to step past him and come more into his house. Kevin stated that he had to block Paul from

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coming more into his house. I asked Kevin to describe exactly how this happened, referring to his blocking Paul from coming more into his house. Kevin stated that as Paul tried to come more into his house, he probably tapped Paul on his shoulder to get him to come out of his house. Once outside and on the sidewalk, Kevin stated that he was walking in front of Paul as he was trying to get Paul to head back towards Paul's house which was two doors away to the north. I asked Kevin how far ahead of Paul he was when he was trying to walk Paul home, and he estimated that he was five-to-ten feet in front of Paul on the sidewalk as he was walking Paul back towards Paul's house. Kevin stated that Paul did not seem to know which apartment was his (referring to Paul's apartment). Kevin stated that once he got to Paul's front door on the sidewalk area, he stopped and was trying to show Paul that this was Paul's house. Kevin stated that Paul indicated to him that this was not his (Paul's) house. Kevin stated he had to tell Paul again that this was, in fact, his house, and he recalled asking Paul if he wanted help getting into his apartment. Kevin stated he recalled saying to Paul, "You live with Nate, right?" According to Kevin, Paul responded by saying, "Yes." Kevin stated he recalled asking Paul if he wanted him to knock on the door so he could help him get inside, and Paul had said, uNo," Kevin stated that at this time, because he was seemingly getting nowhere with Paul in terms of getting him home, he said to Paul, "Were you at the bar?" Kevin stated that Paul responded to his question by saying, "Why?" Kevin stated that he responded to Paul by saying, "Because you came in our house. I could have called the cops." At this time, Kevin stated that Paul's demeanor changed dramatically. Kevin stated that Paul turned towards him and said, "Okay, you wanna get weird?" It was at this time that Kevin told me that "Paul then came at me." Kevin stated that, all of a sudden, "Paul turned," referring to his derneanor. I asked Kevin to describe exactly how it was that Paul came at him. Kevin stated that he immediately felt threatened because Paul physically came at him and grabbed onto his arms in an aggressive manner. Kevin stated that he grabbed the collar of Paul's coat. Kevin stated that Paul was pushing him backwards, and that he had to hold onto Paul's collar to hold Paul off. Kevin stated that Paul was pushing him, and he remernbered thinking that things had now turned ugly and that he was now going to have to yell for help. Kevin stated that he also recalled thinking, "How am I gonna get out of this situation?" Kevin stated that as he was thinking this, he heard somebody come up from behind him. Kevin stated that his back was towards Spaight Street, and that he heard someone come up from behind him and it turned out to be a police officer. Kevin stated that his first thought was that perhaps the person coming up from behind him was a neighbor. Kevin stated that once he realized that an officer was onscene, he felt relieved that he didn't have to scream for help. Kevin stated that he noticed it was a police officer when he saw the police officer with the officer's handgun out of its holster, with the gun pointed towards Paul. Kevin also stated that he recalled thinking that he hoped the officer knew who the suspect was. Kevin stated that he recalled hearing the officer yell, very loudly, "Get down, get down!" Kevin stated that once the officer yelled at Paul to get down, Paul's attention was directed away from Kevin and towards the police officer. Kevin stated that Paul did not get down. Kevin stated that Paul then went at the police officer. Kevin stated that he then circled around towards the terrace, as he had been on the sidewalk, and he believed he recalled yelling out loud, "He's a neighbor, he's a neighbor!" Kevin stated that he then recalled circling around even more, and ended up in his driveway for his residence. Kevin stated that he saw the police officer then shoot Paul, and he also at this time saw another pOlice officer coming from the north, or, generally speaking, on the sidewalk from the Jenifer

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St area. Kevin stated that he heard the police officer who had shot Paul tell the other responding police officer that Paul had been trying to get his gun. At this time, I again asked Kevin to describe the physical confrontation that Paul had with the first police officer on-scene. Kevin stated that it happened very quickly. Kevin stated that the tussle that he (Kevin) had with Paul lasted "less than 15 seconds." Kevin stated that the tussle between the police officer and Paul was also likely less than 15 seconds. Kevin stated that Paul "kept going after the police officer." Kevin also at this time stated that he recalled Paul saying to the police officer who shot him, prior to the shooting, "Oh, you too." Kevin stated that Paul said this to the police officer once Paul noticed that the police officer was on-scene. Kevin stated that after the pOlice officer and Paul had their physical struggle with each other, somehow the police officer and Paul had disengaged, and the police officer then shot Paul. Again, Kevin stated that he was not exactly sure how it was that the police officer and Paul had disengaged. In general, Kevin described how Paul charged at the police officer, with Paul's hands up, going towards where the police officer's gun was pointed forward. Kevin stated that he thought that the police officer was trying to get Paul on the ground, but Paul did not comply. Kevin also stated he recalled seeing that the police officer had tried to turn his gun away from Paul as Paul charged the police officer. Kevin stated that Paul and the police officer were face-to-face with each other when Paul attacked the police officer. Kevin stated that right after the shooting ocurred, he ended up going into his house. Kevin could not describe exactly how close or how far away he was from Paul and the officer when the officer shot Paul, but in general stated that he was pretty close, standing in his driveway and that the shooting occurred on the sidewalk at his driveway. Kevin stated that he moved away and into his driveway to get away from the officer who had his gun out. Kevin stated, "It seemed like Paul was going at the police officer's gun." Again, Kevin reiterated that once Paul noticed the police officer on-scene, Paul redirected his attention towards the police officer and said out loud, "Oh, you now." I asked Kevin if Paul's engagement with the police officer was aggressive, and Kevin stated, "Yes." Kevin stated that Paul turned from an intoxicated person who was having a hard time speaking into an all-of-a-sudden very different person. I asked Kevin if he felt that the police officer was readily identifiable, and Kevin stated, "He was to me." Kevin did state, however, that it was very dark outside, but, even though it was dark outside, he was able to identify that there was a uniformed police officer on-scene. I asked Kevin if Paul physically touched the officer's gun, and he stated that he did not know for sure. I asked Kevin why it was that he could not say for certain whether Paul had grabbed the officer's gun, and he stated it was because he was moving very quickly in an effort to try to get away from Paul and the officer's physical struggle. Kevin stated that after the officer and Paul had physically engaged with each other, Paul and the officer had separated very briefly, and the officer delivered two to three shots into Paul. I asked Kevin if the police officer said anything that he recalled hearing, and he stated that he did not think he heard the officer say anything. I asked Kevin if he said anything, and he said that after the police officer shot, he said, out loud, "Jesus Christ, I can't believe that just happened." Again, Kevin stated that he heard the officer who shot Paul say to the other officer who had just arrived on-scene that Paul had gone for his gun. Kevin stated that he then went inside his house. I noted that Kevin was still wearing the gray t-shirt that he had on when this incident occurred, and I noted that the gray t-shirt had the words, "Mess Hall Press," printed on the front of the t-shirt. I asked Kevin where his plaid pajama pants were, and he told me he had changed out of them and he was currently wearing a pair of jeans. Kevin also confirmed that he did not have any shoes on and did not have a coat on at the time of the incident.

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At approximately 6:45 a.m., using a white piece of lined notebook paper, Kevin and I diagramed the scene from Kevin's perspective. Kevin wrote and completed the diagram. After Kevin completed the diagram, I dated it, provided my initials of G.E., and my IBM number of 2779. Kevin was later asked to sign this diagram that he had drawn. The diagram, in general, shows three houses, including Paul's house at 509 S Baldwin St, the house in between Paul and Kevin's house (511 S Baldwin St), and Kevin's house at 513 S Baldwin St. In general, on this diagram Kevin used a zero or an "0" to mark the progression of his movement throughout this scene. As well, Kevin used an "X" to identify the movement or locations that Paul was in throughout this scene. Lastly, Kevin identified the primary shooting officer with a triangle as the officer progressed through the scene. See the attached diagram photocopy. I will later property tag this diagram for evidentiary purposes. I asked Kevin to describe how many feet he believed the officer and Paul were from each other when the officer shot Paul. Kevin estimated that the officer and Paul were approximately 5-6 feet apart when the officer shot Paul. At this time, Kevin expressed to me how hard this is to fathom. Kevin stated that, in his opinion, it would be very different if the person who ended up being shot - Paul had been somebody other than a neighbor. At approximately 6:50 a.m., Investigator Parr came into the residence and took swabs of Kevin's right forearm. Kevin had identified his right forearm as being the location on his body where Paul had grabbed him. Kevin also added the Paul had grabbed both of his forearms but he was now focused on his right forearm. As we were examining Kevin's right forearm, we observed what appeared to be a minor abrasion. As Kevin was showing Investigator Parr this minor abrasion on his right forearm, he told Investigator Parr that this was possibly an abrasion he sustained from Paul because Paul "grabbed it with a lot of force." Kevin was now becoming very upset as he was talking about how his 5-year-old daughter and the 6year-old girl from Paul's house were friendly and had played together. Kevin stated that, in general, he knows that Paul lives two doors down with three other people, to include a mother, a father, and this 6-year-old daughter. At this time, Kevin told me that on the previous Sunday, he had met Paul, when he was in his front yard on Sunday morning, raking leaves. Kevin stated to me that he had heard that there was a new little girl who had moved into the neighborhood, and that she had come over. Kevin now stated that he recalled tha~irl's father's name is Nate, and that this little girl, when she came over, wanted to play with _ As well, Kevin stated that Paul stopped by and introduced himself and told him that he, Paul, had recently moved in. As well, Kevin stated that he saw Paul on 11/8/12 as he had come home for lunch and observed Paul working on Paul's green van, which was parked across the street on Baldwin St. I asked Kevin if _ and Nate's daughter had, in fact, played together on that Sunday, and he stated no. Kevin~ this little girl who lived in Paul's apartment as being "adorable," and that when she had stopped by she had even made the comment to them that they should lock their bikes up because neighbors were saying that people steal bikes in this area. Kevin stated that he thought that this family had moved in recently from the Evansville area. Kevin stated that he thought that the mother of the family that Paul lived with was a musician. Kevin believes that they all had moved in approximately 1 Y, weeks ago. Kevin stated that he has worked at Great Lakes Education since January, and that they had lived previously in Chicago and also had lived in the Santa Cruz, CA area. At this time, I ended my contact with Kevin. Throughout the course of the day, I had occasion to be in contact with Kevin several

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times. I had the occasion to speak with Kevin again at approximately 10:50 a.m. When I contacted Kevin on this occasion, I asked him a couple of questions. I asked Kevin specifically about the events that occurred after the shooting. Kevin stated that he immediately went inside his house. Kevin stated that he then recalled Officer Zulma Franco come into his residence with her gun out, and that they cleared his house. Kevin stated that he thinks he had contact with his wife, Megan, and he believes that he had possibly gone upstairs to contact Megan, but he couldn't say for certain. Kevin stated that he primarily remembered the officers coming into his house to clear his residence. I asked Kevin if, after the shooting, he observed the officers do anything, and he stated he only recalled the shooting officer tell the second officer that Paul had gone for his gun. I asked Kevin if he witnessed the officers render any aid to Paul, and he stated that he did, but only from inside of his house as he had quickly went back into his house. Kevin stated that he looked out his front picture window and recalled seeing officers performing CPR on Paul. Kevin could not recall exactly which officers were involved in the CPR of Paul. I asked Kevin if he had been drinking any alcohol on this evening, and he stated that he had had one beer on 11/8/12 at approximately 7:00 or 7:30 p.m., prior to the kids going to bed. Kevin stated at this time that he thought he had fallen asleep around 8 p.m. Kevin stated that he thought that Mwezy came home around 9 p.m. Kevin state that he thought Megan had come home around 9 p.m. as well. Kevin stated that Megan was working late in her classroom, as she is a teacher at the Waldorf school, and that after working in her classroom, Megan had gone out with a friend to eat at an unknown location. Kevin stated that Megan went to eat with her friend who Kevin identified as Elizabeth Arth. Kevin then checked his cell phone and noted that he received a text from Megan at 9:58 p.m. and that the text said, "Door please." Kevin stated that he let Megan in at 9:58 p.m. after getting this text from her because Megan did not have her keys. Kevin stated that he came down and let Megan in and then went back upstairs and went to bed. Kevin stated he was not using any medication, nor had he ingested any drugs.
EVIDENCE

On 11/10/12 I property tagged the diagram that Kevin O'Malley made with me while in his home at the time of my interview with Kevin. This diagram was tagged under number 291437 and secured in locker 40 of the CCB evidence room. NFAlcmb Supervisory Officer: Reporting Officer: DET GREGORY SESSER
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1.0.: 2779

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Report 40

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MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as: 11/9/2012 10 - Residential Burglary 10- Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11109/201202:46 Dispatch DatelTime: 11/09/201202:52 Reporting Officer: PO ZULMA J FRANCO 4361 Special Routing: VIDEO

From DatelTime: Thru DatelTime: Report sent:

VICTIM

HOW 10'0:
VICTIM

KEVIN T O'MALLEY MNV DOB:_1993 (19yrs) Clothing: Gray T-shirt with red & gray checkered n,,;:,m: n~;'''''~ 513 S BALDWIN ST MADISON WI H: VERBALLY

h"t'."m

HOW 10'0: MENTIONED

MEGAN P O'MALLEY FNV DOB:_1972 (40 yrs) Clothing: Pajama dress to mid thigh with white or beige background and blue print and an orangelred jacket 513 S BALDWIN ST MADISON WI C: VERBALLY *JUVENILE*
FNV 513 S S ST MADISON WI VERBALLY BY MOM

HOW 10'0: MENTIONED

*JUVENILE* DOB: 513S 513 S ST MADISON WI VERBALLY BY MOTHER *JUVENILE*
(9 yrs) 513 S BALDWIN ST MADISON WI VERBALLY BY MOTHER

HOW 10'0: MENTIONED

HOW 10'0: MENTIONED

*JUVENILE' 2 yrs) SONWI

VIDEO EVIDENCE: On 11-09-12, at approximately 2:47 a.m., I was operating marked squad car C409, which is equipped with an in-car data capture system. On 11-09-12, at approximately 7:20 a.m., I successfully downloaded all data files at the Central basement data transfer downloading station.

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NARRATIVE: On 11-09-12, at approximately 2:47 a.m., I was dispatched to 513 S. Baldwin St. reference a residential burglary in progress. I was dressed in full military-style MPD uniform, driving fully marked squad car C409. I was working out of the Central District as 5D7 during the hours of 11 p.m. to 7 a.m. I was acting in my full capacity as a city of Madison police officer. City channel one dispatch operator advised that the complainant was reporting someone breaking into her home and that the incident was in progress. I heard on city channel one PO Heimsness working as 5D8 state that he would be headed to the address and asked to be assigned to the call. While en route, I also heard PO Dave Mertz, working as 5D1, and PO Troumbly, working as 4D14, get assigned to the call. While en route, I heard city channel one dispatch operator advised the caller was stating that she was upstairs in a bedroom with four children while her husband, who was described as a male white wearing a gray shirt and pajama bottoms, was downstairs. I then heard PO Heimsness advise via channel one air that he had arrived on scene. A few seconds later, I heard PO Troumbly also advise that she was on scene. I then heard PO Heimsness's voice come on channel one air to say something that I could not make out. A few seconds later, I heard PO Heimsness air on channel one something similar to, "shots fired, shots fired, we're 10-2, David-8 advising shots fired." I activated my lights and sirens and continued en route to the address. While en route, I heard via channel one dispatch Sgt. Krahn advise that she had arrived on scene. A few seconds later, I arrived on scene and placed my squad car a couple of houses south of 513 S. Baldwin st. On arrival on scene I observed Sgt Krahn walking toward the driveway directly north of the address. observed PO Troumbly standing at the end of that driveway and I observed a person's body lying face up on the ground. I could observe that this individual was wearing blue jeans and what appeared to be a multicolored scarf. I then observed PO Heimsness briefly talk with Sgt. Krahn. I then observed PO Troumbly begin to do chest compressions on the individual lying on the ground.

Interview with Kevin O'Malley
I then observed a white male, who I later verbally identified as Kevin O'Malley, step outside the door of 513 S. Baldwin St. onto the patio. I directed O'Malley to get inside the house. He stated something similar to, "That's my neighbor--I said that was my neighbor," as he stepped inside the house. I observed PO Mertz also arriving on scene. Sgt. Krahn directed us to clear the home. I walked up the stairs and again made contact with Mr. O'Malley who was in the foyer of the home. Mr. O'Malley stated something similar to, "This is not necessary. I have kids upstairs. He didn't even come into my house. He's our neighbor." I asked O'Malley if the only people in the home were his wife and four kids upstairs, to which he replied yes. PO Mertz and PO Martinez cleared the upstairs of the home while Sgt. Fiore and I cleared the downstairs of the home. It should be noted that no one was found on the downstairs area of the home.

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I stayed inside the home with O'Malley who was visibly shaken and upset. O'Malley stated his kids were upstairs scared and confused as they had heard the shots fired. O'Malley stated something similar to, "I can't believe this happened. I was yelling at the officer that he was my neighbor." O'Malley stated he was upstairs in his bedroom with his wife. O'Malley stated, "I think we heard a key." O'Malley explained that their daughter had been out and that sometimes they leave a key in the door lock due to the front door locking itself when closed. O'Malley explained that they lock the door with the lock but they leave the key inside the lock on the outside of the door. O'Malley stated, "I heard the door open and the dog was barking." O'Malley stated he came downstairs and midway down the stairs he observed a male standing right outside the frame of their front door with the front door open. O'Malley stated he observed that the male had his head down. O'Malley said, "I recognized it was Paul from two doors down." O'Malley stated he was able to recognize that Paul was intoxicated. O'Malley stated he did not know how he knew Paul was drunk but he was able to see that he was "pretty drunk." O'Malley stated, "I asked where were the keys." O'Malley explained he had observed a set of keys laying on the furnace on the inside of the house next to the stairs where they usually place their keys. O'Malley stated he did not believe that Paul had been able to come inside and place the keys on the furnace and then step back out. O'Malley stated he did not see a key on the door and that is why he began to ask Paul for the key. O'Malley stated, "I was trying to talk to him but he didn't recognize me." O'Malley said, "He introduced himself to me on Saturday because they just moved into the neighborhood." O'Malley stated he said, "You're Paul, right?" O'Malley stated Paul was looking around his pocket for the keys but could not find them. O'Malley said he walked outside and guided Paul down the street to his residence, which is two houses down. O'Malley explained Paul's residence is two houses north of his on the same side of the street. O'Malley stated that Paul followed behind him as they walked down the street. O'Malley stated that once he arrived in front of Paul's address he said, "Do you want me to get Nate to live with you?" O'Malley stated, "He didn't understand you were coming?" O'Malley stated that at some point Paul placed his hand up to his mouth as if he was going to throw up. O'Malley stated he stated to Paul, "You were in my house. I could have called the cops," and he said Paul replied something similar to, "You want to get weird?" O'Malley stated Paul became aggressive and grabbed him (O'Malley) on the arms. O'Malley stated he grabbed Paul on the collar. O'Malley stated that while they were grabbing each other he was trying to place space between himself and Paul and was walking backward toward his home at 513 S. Baldwin. O'Malley stated, "I looked over my shoulder and saw a police officer with his gun out." It should be noted that while O'Malley was describing what was going on, he was also being very physical and demonstrating to me with his hands and body the motions that he was taking while verbally explaining what was going on. O'Malley stated, "I pulled away because I did not want to be involved with that and I circled around the officer." O'Malley stated, "Another officer showed up and was yelling to get down and he (referring to Paul) then went after the police officer." O'Malley demonstrated with his hands that when he pulled away from Paul, Paul did not get down on the ground and instead was waving his hands in front and was walking toward the police officer. O'Malley explained that he was unsure if Paul had gone after the officer's gun, stating that everything happened very fast and that this whole thing lasted "ten to fifteen seconds." O'Malley stated that while he was pulling away and moving around the officer with the gun, he was telling the officer something similar to, "That's my neighbor, it's my neighbor." O'Malley stated he had
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gone around the officer with the gun and ended up on his driveway when "I saw shots," O'Malley stated he believed there had been two to three shots fired, O'Malley stated that after the shots were fired he went inside of his home, O'Malley stated, "Why did this happen? They just moved here, I think he was a nice guy--he looked like a nice guy." O'Malley stated a 6-year-old girl lives at the residence where "Paul" lives. O'Malley stated another male also lives at that residence. O'Malley stated he could not believe that he had seen his neighbor get shot. O'Malley was able to observe from his front window that the body had been covered with a white sheet. O'Malley stated, "Is he dead?" I advised O'Malley that at the moment I believed the individual had passed away. During approximately a 15-minute period after my initial interview with O'Malley, I was standing by with him in the downstairs area of the home, O'Malley, every so often, had questions and comments about the situation, O'Malley asked me if it was protocol for officers to respond to this type of call with their guns drawn, I advised O'Malley that due to the information that we had, which was there was a residential burglary in progress, yes, it was protocol for officers to respond to these types of calls with their guns drawn. O'Malley asked why officers did not defuse the situation by talking as opposed to shooting at the individual. O'Malley also asked why individuals do not get shot in a leg or a hand, and why shots had been fired although the individual was not armed. O'Malley also made several comments on how he would explain this to his children who were now very scared and confused about the situation, O'Malley also verbally demonstrated a lot of concern for the 6-year-old who resides in the same home as the individual who had been shot. It should be noted that O'Malley stated he was unsure if the keys that had been left in the lock at the front door were the keys that were now on the furnace or if "Paul" still had a set of their keys on his person. It should be noted that while I was interviewing O'Malley, his wife, Megan O'Malley, was upstairs with their four children.

Interview with Megan O'Mallev Please note that due to the family all having the same last name, I will refer to the wife and kids by their first names and continue to refer to the husband as O'Malley, his last name, Megan O'Malley (verbally identified) c~nstairs while O'Malley went upstairs to take care of the kids, Megan stated she was nursing " _ my little one." Megan stated she was in bed with O'Malley and O'Malley was sleeping, Megan said she heard the dog barking and he usually barks but this time he kept barking. Megan stated that she heard someone come inside the house, She explained that the keys had been left in the doorknob on the outside of the door. She stated, "I think my dad was supposed to come over." Megan stated that when she heard the door, she realized the keys had been left in the doorknob, making it easy for someone to come inside, Megan stated that she woke Kevin up and told him something similar to, "Kevin, someone's in the house." Megan stated that O'Malley was still dazed and went downstairs with the dog. Megan stated she heard O'Malley say to the dog, "Get 'em!" Megan stated their dog is a really nice dog. Megan stated she then heard O'Malley asking for keys in a firm voice, Again, she stated that O'Malley is a really nice guy and doesn't usually speak in that manner to anyone. Megan stated she could not hear what was going on for a bit and so she yelled at O'Malley, "Do you need me to call 911?" O'Malley replied, "No." Megan stated, "I didn't know if he could answer yes, I
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thought why shouldn't I call 911." Megan stated she then heard O'Malley say, "No, don't." Megan stated that since she did not know what was going on downstairs, she gathered all the kids and went into the back room and called 911. Megan stated 911 asked what O'Malley was wearing and that she did not know how she was able to remember that he was wearing the gray shirt and the checkered pajama pants. Megan stated that she remembered 911 dispatch asking if there were any weapons or if she knew the description of the person coming in the house, and all she could say was "I don't know, I don't know." Megan stated she then heard her husband outside say something similar to, uNo, don't." Megan stated she then heard the gunshots. Megan stated she believed her 12-year-old daughter said something similar to, "Jesus Christ." It should be noted that Megan described her 12-year-old daughter reacting to the sound of the gunshots by saying "Jesus Christ." It should be noted that Megan had some of the same concerns that O'Malley had and was stating that she was worried that due to the situation her kids would fear or end up not liking police. Megan stated that the kids were asking questions with regard to someone being the bad guy and she did not know how to say or answer these questions. Megan stated she felt very bad about what had occurred and especially felt bad for the 6-year -old girl that resides at the same house as the guy that had been shot. Megan stated that her daughter is friends with the 6-year-old girl who she refers to as " . ' Megan asked questions about scene protocol and she asked how long it would be before the body was picked up and the scene would be cleared up. It should be noted that I was in the O'Malley's home from approximately 3:02 a.m. to 7 a.m. During my time in the home, it should be noted that O'Malley and Megan took turns being upstairs with the children. I spent all of my time in the downstairs area of the home and had very minimal contact with the children. I had contact with three of the four children in a very simple capacity, mainly to say hello. It should also be noted that during my time in the O'Malley home, both Mr. O'Malley and Megan had several questions about how the neighborhood would deal with the occurrence and about the resources that we would have for the victim's family, as well as for the rest of the community. 80th O'Malley and Megan stated they had lived in the neighborhood for approximately 10 years and that the neighborhood was a very tight-knit community. It should also be noted that Megan made contact with her employer at a private school on the west side of Madison (this is the same school that her kids attend). It should also be noted that Investigator Parr and Investigator McEvoy made contact with O'Malley while I was standing at the residence. Please refer to their reports for full details. It should also be noted that Detective Esser and Detective Riesterer made contact with both O'Malley and Megan at the residence while I was standing by. At approximately 7 a.m., PO Paul Dailey relieved me at the scene. NFA Supervisory Officer: Reporting Officer: PO ZULMA J FRANCO
jmn

1.0.: _ __
I.D.: 4361

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Report 41

MADISON POLICE DEPARTMENT Report Completed: Occurred Incident: Dispatched as: 11/9/2012 17 - Death Investigation 10 - Residential Burglary Case No: 2012-320242 Field Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Death Investigation Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11109/201202:46 Dispatch Date/Time: 11/09/2012 06:02 Reporting Officer: PO PAUL M DAILEY 2949 Special Routing: CIS / DET JULIE JOHNSON

From DatelTime: Thru Date/Time: Report sent: 11/9/122:04 PM

CONTACT HOWID'D: CONTACT HOWID'D: CONTACT

KEVIN O'MALLEY 513 S BALDWIN ST MADISON WI BY OFFICER ZULMA FRANCO MEGAN O'MALLEY 513 S BALDWIN ST MADISON WI 53704 VERBALLY BY ZULMA FRANCO

HOWID'D:

.S

ADAM K PHAM M/U DOB:_1985 (27 yrs) BALDii\ii'Fl"'ST MADISON WI 53703 C: VERBALLY

OFFICER NARRATIVE: On 11-9-12, I was assigned to the Central District. I was dressed in full military-style uniform, and operating a marked patrol squad car (C458). In briefing at the beginning of my shift, I learned that there had been an officer-involved shooting on the 500 block of South Baldwin Street, and I was dispatched to assist at the scene there. I had difficulty in signing on to the computer, but arrived at S. Baldwin Street within my first hour of my shift. Upon arrival, I was contacted by Sgt Karen Krahn, who was working the scene along with other officers. Sgt Krahn advised me to go in to 513 S. Baldwin St, where Officer Zulma Franco was maintaining standing. Sgt Krahn said she wanted me there to relieve Officer Franco, and to, "provide a police presence for the family," and to maintain standing. I was not instructed to create and maintain a log of persons entering, nor was I instructed to interview anyone. I was admitled to 513 S Baldwin by Officer Zulma Franco. She said that she has been in contact with the family that lives here, whom she identified as Megan and Kevin O'Malley (spelling phonetic), and their four children, ages 12yr, 9yr, 5yr, and 2yrs. I took over for Officer Franco at approximately 6:54am, and she left the building. During my time on scene in the house, numerous detectives and investigators and other officers came and went. When I did have contact with any of the O'Malley family, we just made "small talk" and I did not discuss with them the events surrounding the shooting. I did not specifically interview either Kevin or Megan, nor did they offer anything that pertained to the shooting. I saw other Detectives interviewing Megan and Kevin. Megan and the children left for school around 7:40am. Kevin remained at the house.

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I was in the house until approximately 8:28am, at which time Detective Greg Esser instructed me to leave the residence and check in with a sergeant. I wished good luck to Kevin O'Malley, and left the house. I contacted Sergeant Eric Tripke. Sgt Tripke instructed me to assist other officers in maintaining the outer perimeter at Jenifer Street, which was taped off (as was an inner perimeter, which was manned by other officers). I was not instructed to create or maintain a log of persons entering, but only to keep non-authorized persons out. During the time I was assisting at the perimeter, only authorized persons entered the perimeter (detectives, a deputy coroner, etc). At one point I was contacted by a citizen at the tape line. He was identified verbally as Adam K Pham, who lives in the corner house at.S Baldwin St,. Pham said he heard one gunshot at 2:45am. I started to point out that it was an interesting cOincidence that he noted the time of gunshots to be 2:45am, since that was exactly the time one of the news media sources was using of the alleged gunfire. Pham acknowledged that he heard this time of the shooting on the news, and now said he "[has] no idea when" he heard the single gunshot. He said he was at home in his _ apartment at Baldwin when he heard the single gunshot. I said I would get~d pass it along to a detective in case Pham needs to be interviewed. Pham had no other information.

.S

Around 1:24pm, Sgt Rahim Rahaman instructed me to go to the CCB and write up my report, and to sign it before leaving for the end of the day. I did as he instructed me to do. NFNcmb Supervisory Officer: Reporting Officer:
PO PAUL M DAILEY

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Report 42
MADISON POLICE DEPARTMENT

Report Completed: 11/9/2012 Occurred Incident: Dispatched as: 10 - Residential Burglary 10 - Residential Burglary

Case No: Ref. No: Sec/Area: Grid:

2012-320242 Supplement 410 CENTRAL MARQUETTE

Case Offense: Officer Involved Shooting Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET DIANE C NACHTIGAL 2899 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

CONTACT (9 yrs) MADISON WI Grade 4

*CONTACTED*JUVENILE*

SCHOOL: HOW 10'0: GUARDIAN: MENTIONED

KEVIN O'MALLEY" FATHER, 513 S. BALDWIN ST., C:6086280212 *JUVENILE* yrs)

MENTIONED . . . - -

~

*JUVENILE*

MENTIONED

*JUVENILE*

MENTIONED KEVIN O'MALLEY U/U 513 S BALDWIN ST MADISON WI MENTIONED MEGAN R O'MALLEY U/U DOB:_93 513 S BAL~ ST MADISON WI H: On 11/09/12, I was asked by Det. Michelle Riesterer to interview of Kevin O'Malley and may have witnessed some of the incident. ._istheson

s.

I spoke with Dustin in his bedroom at 513 S. Baldwin Street. After introducing myself to him, I told him that as part of my job, I spoke to kids about things that they may have seen or heard. _was able date of birth and home a~ve me the cell pho~ his to tell me his full rents and sister Mom's cell number i s _ Dad's number i~and s number I asked him if he had a cell phone yet and he said he was hoping to ge one for his I had two rules that I would like him to follow. I said that sometimes I might make a mistake and say something wrong. I asked to correct me if he heard me say something that was not correct and he told me that he wou~. I also explained to_hat the main rule I had was that I needed him to tell me the truth. I asked _ i f he knew t e l erence between the truth and a lie and he said yes. When I asked him to ~ the difference, he shrugged was wearing a Chicago Bears t-shirt and had a Bears blanket on his bed. his shoulders. _

\

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When I asked him if I were to say that his blanket was a Packer blanket, would that be the truth or a lie. He said it would be a lie because it had Bears wrilten on it. I stated to him that if he was at school and he saw a boy in class take a pencil from another student and when the teacher asked the boy if he took the pencil and the boy said no, would that be the truth or a lie. _ said it would be a lie. I asked if asked_if it was a good thing or a bad thing to tell a lie. He said it~ad. I asked him what would ~n if that boy lied to his teacher at school. He said that the boy might have to miss recess and write a leiter of apology. I asked"if he would promise to tell me the truth and he said that he would. who he lived with. He told me that he lives with his dad Kevin, mom Megan and his is 5,_who is 12 and~ho is 1. They also have a dog named Jake. i he s~a room with anyone and he told me that he shares a room with _ T h e "De(Jroom we were sitting in contained two beds. One bed was up against the wall on ~e of the room. The other bed, which was was against the eastern wall. _sleeps with his head on the southern end of th~_sleeps with her head facing sleeps reMrthern end of the bed. There are two windows in the room~dow faces into the northern backyard of the residence and the second window b y _ bed faces in a western direction. Both windows are covered with a curtain. When I looked ot'rt'O!"ilie western facing window, I could see the driveway between 511 and 513 S. Baldwin Street.

_s,

me that his parents have their own room,_has her own room next door to~nd room and _sleeps in a crib in a I asked_to tell me about his night last night He told me that he went to bed around 9:30 which w~r than normal for him. He nOilmall goes to bed around 8:30 pm. He said had gone to sleep . him. slept in his parents' room and both she and come home from her friend's house and also wen 0 bed around 9:30 pm. normally sleeps with the door cracked slightly and he saw that the bathroom was on when he went to bed, but it was off when he woke up later.

c=-

~tated to me that he was woken up by the sound of Jake barking really loudly. He then heard
the sound of the screen door opening and then the front door opening. He heard his dad get up and go downstairs. Jake was still barking really loud and then he heard his mom ask his dad if she should call 911. _ s a i d he heard his dad say no. I asked_f Jake normally barks when he hears noises a~aid Jake will bark every time someone even walks by their house. He told me that he is normally a deep sleeper, but when he heard Jake barking he said the barking sounded different to him. When I asked him why it sounded different, he told me that it sounded alarming and louder than normal. He also said Jake was running around the main floor while continuing to bark.

"'said that he heard the front door opening and it sounded different that it normally does when
someone comes home. He stated that when his parents come home, he hears the screen door open, then the front door open and then he hears the sound of them putting the keys on top of the radiator. _ said this time he heard the screen door open, then the front door open, but not the sound of ~s being put on the radiator. He said that sometimes the key will be left in the front door and thought his mom might have left it in there when she got home after taking the dog for a walk. He thought she took Jake for a walk around 10:00 pm. I asked him what happened next and he said his mom came into his room w i t h _ a n d ' " His mom was still on the phone with 911 and he heard her say that someone is~reak In. She also said she was with the kids in the bedroom and her husband was downstairs. ~tated that they were all sitting on his bed and then_pulled her mattress into the room. ~rd his

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dad yelling in a loud voice and _said it sounded like he was scared. Then, he heard his dad talking to the police inside of th~e. He heard his dad say he was confused and he thought it was his house. His dad said to the police "that he had just moved into an apartment two or three houses down." His mom left the room and also went down to talkii!0 the olice. He heard his mom ask who it fell asleep and eventually he did was, but he didn't hear anything after that. _ a n too. I asked. if he looked out of the ~ any Ime and he said no. He told me that he didn't hear or see anything until the police came to talk to them. Before he fell asleep,_old me that he remembered seeing the police come upstairs and they said they were just che~round.

I asked_how he felt while this was going on. He told me that he felt scared and that nothing like this has~appened before. We were just finished with our interview when his sister came in and said it was time to leave for school.
End of report. Supervisory Officer: Reporting Officer:
DET DIANE C NACHTIGAL

1.0.: _ __

1.0.: 2899

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Report 43

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
11/9/2012

10 - Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer-Involved Shooting Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201202:47 Reporting Officer: DET DOROTHY A RIETZLER 2526 Special Routing:

From Date/Time: Thru Date/Time: Report sent:

WITNESS 2 yrs) Height: 5'00" Weight: 95 HairColor: . GRN 513 S BALDWIN ST MADISON WI H: C:

*JUVENILE*

NARRATIVE: On 11/09/2012, Detective Michelle Riesterer requested that I interview a juvenile in reference to this in her parent's bedroom separate from the other children with her investigation. I spoke with _ mother Megan O'Malley's ~sion. INTERVIEW OF MWEZI O'MALLEY: I will refer to_hrough this report._advised that she has lived at 513 S Baldwin St with her told me three family for th~ight years. She stat~ was born in California. _ siblings and identified them five years o l d ' " nine years old, , one year that she old. She stated her and her fat~ame is Kevin. is in seventh grade at I asked her if she knew the difference between a truth and lie and she stated that she did. I gave her an example of her brother k on the table while they were eating breakfast. I asked her if her brother told her mother that she had spilled the milk, if it would be the truth or a lie. She right me that she would tell me the truth as to what she heard away stated it would be a lie. during this incident as she anything. - . t a t e d she went to bed at approximately 10:00 PM and that her bedroom is the back corner of ~se. She stated she woke up to a noise and initially she thought it was her mother coming back from the meeting that she had that evening. She stated, however, that when she woke up, she realized that her mother was on the phone with 911 and she heard her dad's name as well as her mother giving their address. Her brother Dustin was crying, so she went into the back bedroom with all three of the siblings and her mother. Her mother had the door shut while she was talking to the on the phone. _ a l s o heard her mother say something about some guy being in their house. _ d i d not hear who was in the house. She did hear, however, her dad yelling, and it sounded like t~ere outside on the sidewalk. She heard two voices, but stated mostly it was her dad. She distinctly remembers her

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dad yelling, "God damn it". She stated it sounded like her dad was scared, and when he came up the stairs after this happened; he even looked scared She stated after she heard her dad yell, she then heard sirens. She stated the sirens sounded like they were far away, towards the Willy Street area. She stated then the sirens stopped, and she believes that her mom was still on the phone. It was then that she heard a voice, and she thought it might have been either the police officer or a neighbor, but she knew it was not her father. She stated she heard "Hey" really loud. She stated her mother was now off the phone and was talking to them, advised trying to calm her and her siblings down. She stated she then heard one loud bang. _ she did not see anything as she stayed in the bedroom with her siblings.

to"

~dvised that when her dad came back upstairs, he stated the individual that was outside

~Iike the guy that was

living with "-.," family. She described " . as a little kid that lives two doors down. She told me her dad came~the bedroom and stayed Mthem and told _ t h a t this guy had grabbed his arms. She stated her dad told her that he told the police officer ~rson was a neighbor and he just wanted to walk him home and try to calm him down. Her dad described the neighbor as having a "tough time" and that he had been drinking. She stated that her dad believed this individual's name was Paul.

~ dog insisted on being allowed in the room I was talking with _ _ stated her ~ told her they heard her dog bark and this is what woke them ~e ~ proudly telling me that the dog is her dog. The dog is a large, (over 100 Ibs), black lab with a gray face. •could not provide any further information.
End of Report/ace Supervisory Officer: Reporting Officer: DET DOROTHY A RIETZLER
I.D.: _ __ _ __

I.D.: 2526

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Report 44

MADISON POLICE DEPARTMENT Report Completed: 11/9/2012 Occurred Incident: Dispatched as: 10· Residential Burglary 10· Residential Burglary Case No: 2012·320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer Involved Shooting Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/2012 02:46 Dispatch DatelTime: 11109/2012 06:02 Reporting Officer: DET GREGORY SESSER 2779 Special Routing:

From Date/Time: Thru DatelTime: Report sent:

SUSPECT

PAUL H HEENAN MNV DOB: ~982 (30 yrs)

WITNESS

MEGAN P O'MALLEY FNV DOB: _ 9 7 2 (40 yrs) 513 S BAL~ST MADISON WI C: EMPLOYER: MADISON WALDORF SCHOOL, SCI-lRC)EC)ER

SON WI . TEACHER

MENTIONED KEVIN T O'MALLEY MNV DOB: _1973 (39 yrs) RELATION: MEGAN P IYMALLEY'S HUSBAND MENTIONED RELATION: MENTIONED RELATION: MENTIONED RELATION: MENTIONED RELATION: OFFICER NARRATIVE During the course of this investigation I responded to 513 S. Baldwin SI. and made contact inside of the residence with Megan O'Malley. I interviewed Megan O'Malley in her dining room, at their dining room table, at approximately 7: 13 a.m. on November 9, 2012. Megan O'Malley was incredibly upset about the events that unfolded on this evening and as such, refused to leave her children, who were in her household and had just woken up. Megan O'Malley stated that a couple of her children heard the events unfold at the time of the shooting in question and she needed to be near her children to guide her children through this process. Megan O'Malley informed me that she is a teacher at the Madison Waldorf School on Schroeder Rd. in the city of Madison. *JUVENILE* *JUVENILE* *JUVENILE*

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Megan O'Malley and her husband, Kevin O'Malley, both had made the decision - and they were very emphatic about this - that they needed to be at home when their children awoke this morning, as we were in her home, some officers in full uniform and some detectives in plainclothes. Megan O'Malley was very accommodating to the officers and detectives and we were working with her to make sure that she felt as though her children were b e i i icarei ' n g O'Malley was very insistent that taken i i of. Me an her children go to school on this day at the Megan also informed me that she teaches at the Waldorf school and that s e 00 nee e 0 e a Ie to go to school today. In sitting down with Megan, I was in a private setting with her so that I could speak with her without Megan being overheard by any other potential witnesses. Megan stated to me that at the time that this incident had occurred, she was in bed, in her upstairs bedroom, with her husband, Kevin, and their baby, _ Megan stated that she was awake with_and that she was nursing'-in her be~she heard their front door open. Megan ~at their front door has a lomiiai"rocks automatically and that when this front door's lock opens, it makes a very distinctive noise that she is familiar with. Megan O'Malley stated to me that she remembered when she heard the front door open she was thinking to herself that she had left the keys in the front door and that someone had just come into their house. Megan O'Malley stated that she remembered thinking that somebody should not be coming into their house and that she was immediately scared. Megan O'Malley stated that she remembered thinking to herself, could it be one of her neighbors who had come into their house needing some kind of help. Megan then stated that she remembered thinking to herself that this was not the situation, because if it had been one of her neighbors who had come into their house needing some kind of help, they would have whispered upstairs to them, but this did not occur. Megan O'Malley then stated that she was also thinking in her mind could the person who had just come into her home possibly be the very suspicious neighbor who lives in their area who feeds their dog raw meat. Megan stated that her mind was racing and that she was searching her mind as she was assessing who could have possibly come in her home. Megan stated that on this evening, prior to going to bed, she had arrived at home at approximately 9:45 p.m. Megan O'Malley stated that after she got home from the Weary Traveler, she had taken their dog out for a walk. Megan said that she walked their dog for approximately 25 minutes down to the river and back. Megan said when she returned home from walking the dog she left the keys in the front door. Megan O'Malley then stated that her friend had her key ring and her car, so the keys that she used for her residence were the keys that her parents sometimes use. I asked Megan if the keys that she was referring to were the keys that were now on the radiator and she stated that this was accurate. Megan confirmed that their keys are not ever hidden outside. Megan stated that she often leaves the keys in her front door and she feels bad about this now, in retrospect. Megan stated that when she heard somebody come into their house, she remembered not hearing anything else and that she definitely got a bad vibe. Megan told me that she thinks her dog barked when the front door was unlocked and opened. Megan stated that she told Kevin, her husband, who was in bed with her, to go check on this. Megan stated that she told her husband, Kevin, that somebody had just come into their home. Megan stated that she was certain that whoever it was who had come into their house had actually come into their home and had not simply just unlocked their door.

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Megan stated that Kevin and their dog were upstairs and that Kevin told the dog to go downstairs and "go get 'em." Specifically, Megan stated that she heard Kevin tell Jake, the dog, "Go get 'em." Megan stated that she then heard Kevin go down the stairs toward the front door. Megan stated that she could hear Kevin telling the person that had come into their home to leave or go away. Megan stated that she also overheard Kevin talking to this unknown person about the keys. Megan stated that her thought was now that Kevin couldn't find her keys. I asked Megan if she could hear the other person who had come into their home and she stated that she could not. Megan stated that this contact between Kevin and this unknown person was fairly quick. I asked Megan how Kevin sounded and she stated that he sounded in control, but added that Kevin is always in control. Megan stated that she then recalled yelling down to Kevin, asking Kevin if she needed to call 911. Megan stated that Kevin yelled back up to her, "No." Megan added that she found this response from Kevin to be unusual, because he did not say anything else besides "No." Megan stated that she remembered thinking to herself, what if the person who had come into her home had a gun pointed at her husband and he (the unknown person in their home) was telling Kevin to say "no" to her question about calling 911. Megan stated that she was afraid at this time and that the whole situation seemed very strange to her and that her job was to protect her children and her family. Megan stated that she then called 911. Megan stated that she recalled the 911 operator asking her if the person in her home was armed and she told the 911 operator that she did not know. Megan stated that the 911 operator asked if anybody in the house was in harm's way and she again told the 911 operator that she did not know. Megan also stated that she recalled the 911 operator asking her what her husband was wearing. Megan stated that she told the 911 operator that her husband was wearing a gray T-shirt and plaid pajama pants. Megan stated that the 911 operator kept her on the line the whole time and that she kept asking the 911 operator to tell her if her husband, Kevin, was okay. Megan stated that the 911 operator told her that he would update her if he had any information. I asked Megan if she was aware of whether or not Kevin had left out of their house and she stated that she could not tell if Kevin had left or not. Megan then stated that she recalled hearing Kevin outside, yelling, "No," or something like this. Megan stated that Kevin's yell was very loud and clear. Megan stated that she then heard two gunshots. Megan stated that she felt fairly certain that what she heard was gunfire. Megan stated that on one hand, it seemed like it was far away, but on the other hand, it seemed like it was very close. Megan then stated that she heard Kevin come into the house and that Kevin came up the stairs and met her. I asked Megan if Kevin said anything to her and she stated that Kevin had said that "it was Paul, their neighbor." Megan stated that the kids were now up and that she and Kevin both immediately directed their attention toward comforting their children and that they did not talk anymore about this. I asked Megan which children of hers she believed had heard the shooting and she stated and_ that it was _ At this time, Megan made it very clear that she needed to take her children to school. Megan was becoming very upset as she was attempting to describe to me exactly what had happened. Megan needed very much to get her children out of the house and away from the area and into a school environment to achieve some sort of normalcy. Detective Riesterer and I agreed to allow Megan and her children to go to school at this time. Investigation in Progress/jll
Supervisory Officer:

I.D.: _ ___ __
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Reporting Officer: DET GREGORY SESSER

1.0.: 2779

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Report 45

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
11111/2012

10 - Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St 11/09/201202:46 Cali DatelTime: Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET ANN J TURNER 2330 Special Routing:

From Date/Time: Thru Date/Time: Report sent:

Interview with Police Officer Steve Heimsness
NARRATIVE: On 11/10/12 at 10:45 PM Detective Michelle Riesterer and I met with Officer Steve Heimsness and MPPOA Union Attorney Jordan Loeb from Cullen, Weston, Pines and Bach. We met at the Central District to interview Officer Heimsness. Detective Riesterer asked the majority of the questions and I documented the questions and answers. The interview was not recorded. I asked PO Heimsness how tall he is and how much he weighs. PO Heimsness said he is 5'8", 170 pounds. PO Heimsness was asked if we could start with what shift he works. PO Heimsness said that he works nights, which is 5th detail. He started his shift on November 8 1h at the normal time, which would have been 10:45pm. He was a late car and he was working 508. PO Heimsness said he has worked in the Central District for 12 years; he has had the regular beat of 508 for the last 3 years. PO Heimsness was asked what his sleeping pattern was the night before. PO Heimsness said he came home in the morning which would have been the morning of the 8 th . He got done with his shift at his normal time. I am aware that 508 is a late shift with the work hours of 10:45pm to 7am. PO Heimsness said he went home; he stayed up until about 10:30 AM, he was doing Union business like ordering merchandise and some paperwork. Then he went to bed, he thinks around 10:30 AM. He woke up at 7:00PM that night. He went into work, where he ran on the treadmill. He started his shift at the normal briefing time of 10:45 PM. PO Heimsness said he was wearing his full military uniform, which included his long sleeved shirt, the normal badge and brass that he would wear on his shirt, and his service bars on the sleeves. He had his badge was on his uniform, he was not wearing any type of jacket that night. PO Heimsness was asked about the calls that he had that night prior to this one. He said it was a very quiet night and he's not sure if he had any calls before the noise complaint. He said he went to Plan B to monitor the bar because that's the night that Plan B has their 18 and over night and there are frequently issues with that such as noise complaints and other disturbances. He said he was monitoring Plan B and then went back to the central station. He was at the station when he was dispatched to a noise complaint. PO Heimsness said he went to the noise complaint. Detective Riesterer asked him if he remembers in briefing for that night or any other recent briefings where he has been advised of any incidents that are going on in his beat that he patrols. PO Heimsness said that he knows there have been burglaries in the area, he knows that earlier in the summer that there were both strong armed robberies and armed robberies that were happening between the Baldwin, Jenifer and Spaight Street areas, especially over near Schley Pass because there is a problem home over there with bad people in it. The bad people meaning those are the suspects in the strong armed robberies and the robberies. He said he knows that there were several times when customers or

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patrons that had been going to bars along Williamson Street, especially people at the Crystal Corner tavern, were being preyed upon and robbed over the summer, especially at bar time. He said that he knows that there have been a lot of e-mails and other type of things put out at work that he would consider heads up information and that it was information from the analysts and others sending out information about the armed robberies and the burglaries. He doesn't remember any specific names or specific incidents, he just knows it was ongoing information sharing. PO Heimsness said that he tries to patrol the area a lot at bar time because of the number of drunken people coming out of the bars at night who are easy targets for the suspects who are doing the robberies and the armed robberies. He said he is also aware that there have been burglaries that are happening in his beat and neighborhood. PO Heimsness was asked where he got that information from. PO Heimsness said hears it from the day officers because the day officers are usually the ones who have to take the burglaries. He said at night it's very hard to patrol the houses and look for that type of behavior and type of suspect information because there's a lot of foot traffic in the area and it's also so dark that it would be really hard to catch anybody. Detective Riesterer asked if we could start with the call that he had before this incident. PO Heimsness said he would start with the noise complaint. He said that he was at the station, which would have been the City County Building, and he was dispatched to 606 S Brearly Street for a noise complaint. He said he had been to that address before for a noise complaint and he knows it's a building that's near the Lutheran church on Brearly Street. He knows that 606 S Brearly is a house with apartments in it. One of the apartmenst was the subject of the noise complaint. For this call he drove his squad to the area and he parked in the church parking lot somewhere near the northeast corner. The noise complaint was specific to loud guitar playing. PO Heimsness said that he is a guitar player himself and he uses an amplifier so he knows what that sound is. His squad was in the church parking lot and he walked to the address listening for the loud guitar music when the call for the burglary in progress came out. He said that he notified Dispatch that the noise complaint on S Brearly Street was unfounded. He said that he was only three or four blocks away from Baldwin Street and this was a much higher priority call than the noise complaint so he turned around and walked back to his squad. PO Heimsness said that the call on Baldwin Street was also in his beat. Once he got in his squad he drove down Jenifer Street. PO Heimsness corrected himself and then said no, he thinks its Spaight, and then he thought no, it was Jenifer, and he looked as though he thought about it for a little bit and then he said no, he thinks it was Spaight Street that he drove on. He remembers Dispatch telling him the call was a burglary in progress and there was something about the homeowner, he remembers looking at the call on his computer and he knows there was a woman's name in the call and that a woman called and that the woman calling heard someone at her front door and someone came in her front door into the house. PO Heimsness said he tried to read the call notes to get the entire information but he couldn't read all the call notes because he can't scroll his computer screen and drive safely at the same time. PO Heimsness said that he knows he was close so he didn't have to drive like crazy to get to the location. He knows when he responded to Dispatch to let them know that he is going to go to a call that he gives his location to the dispatcher but not all of the other officers do. He believes that because it was dispatched as a burglary in progress, other officers were getting on the air saying they wanted to go but he didn't know where they were coming from. PO Heimsness said he thinks he probably drove about 30 miles per hour to get to Baldwin Street. He did not turn on his lights or siren because he did not want to notify the suspect that the police were coming and he didn't want anyone to run. He said he is an EVOC instructor so he knows that he can drive without lights or siren on to an emergency call for this type of call. While he was driving to the call in his squad, Dispatch was giving updates over the air. He knew that someone had come into the house and that the woman's husband went downstairs to check. PO Heimsness said he is listening to this information from dispatch as he is driving. When he gets to

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Baldwin Street and Spaight Street, he turned off his squad head lights because he didn't want any suspects who might be acting as a lookout or an accomplice to know that his squad was pulling up and he did not want to alert any suspects that the police were there. He parked on the southwest corner of the intersection against traffic, he believed on the even side of the street, on Baldwin St. PO Heimsness said he knows what house was the target house because he used to rent an apartment someplace in the 400 block of S Brearly Street so he knew where the address on Baldwin Street would be because he use to walk his dog in the area. PO Heimsness said that once he parked his car against traffic on Baldwin Street that he got out of his squad and walked towards the target house at an angle across the street. He noticed that there were a lot of trees and he also knew that there was not a lot of street lights. He did not want to walk on the sidewalk because he wanted to be able to walk where he was somewhat concealed so that he could take a look at the target house to see if he could figure out what was going on. PO Heimsness said as he was partway across the street, while walking at an angle towards the target house, Dispatch gave an update over the air and he heard that the husband was wearing a white or light colored shirt and gray plaid pajama pants. He thinks he got that description as he was halfway across the street. That's also about the same time he saw another squad up on Baldwin approaching Jenifer Street with its lights off, kind of in a stealth mode. PO Heimsness said he didn't know who that officer was. He said there are a lot of new officers and he is not sure who was even in that squad when it pulled up with its lights off. He wanted the other officer to know where he was so he turned on his flashlight and "blipped it" a couple times so that the other officer would know where he was. He said he only blipped his flashlight because he also did not want to give his position away, again because he did not know if there were any lookouts or accomplices. After he blipped his flashlight a couple of times he put his flashlight away in his flashlight holder on his duty belt. PO Heimsness said he was continuing to walk across the street at an angle towards the target house. As he was doing all of this, he could also see the house numbers to the target house, which he said was 513 S Baldwin Street. He could see that the screen door to 513 S Baldwin Street was closed but the interior door was open. He said he could see clearly without his flashlight because the porch light was on and there was also enough other light from the street lights. He could not hear anything and he did not see anything in front of him as far as any activity or movement. PO Heimsness said that he stopped on the terrace and was waiting for more officers and there was a tree on the terrace to his left. He could see the house but he could not see what was happening on the sidewalk. He was listening but he could not hear anything. He could not hear any movement or talking. He was using the tree as concealment but because he could not hear anything, he stepped onto the sidewalk. As soon as he stepped onto the sidewalk he saw movement to his left and looked down the street towards Jenifer Street and he saw a man in white or light colored shirt and gray pajama pants struggling and wrestling with another guy in dark clothes. PO Heimsness said he knew that the guy in the white or light shirt and gray pants was the homeowner based on dispatch description so he assumed the other guy was the suspect doing the burglary. PO Heimsness said that when he was standing by the tree he noticed the two of them struggling, they were towards the property line right by 513 Baldwin Street, possibly down from there, meaning closer to Jenifer Street. He saw that they were both standing up, they were both wrestling and pushing and shoving each other. He saw that the homeowner had the light shirt and the gray pants on and the other guy was a white male in dark clothes and he figured that was the suspect. He saw that the two of them were grappling, holding onto each other, pushing back and forth. He said things were being said to each other but he couldn't hear what they were saying. He thought that the homeowner was kind of on his (Heimsness) right and the other guy was on his (Heimsness) left. The homeowner was more towards the target house but they were both moving around wrestling.

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At this Point Detective Riesterer asked PO Heimsness if he could stand up and show her how the two, homeowner and suspect, were grappling or wrestling. I observed that PO Heimsness demonstrated by using Detective Riesterer as the suspect. They were standing within inches of each other. Both of them had their arms up on the shoulders of the other and were grabbing clothing with their hands. PO Heimsness described that they, the suspect and homeowner, were wrestling around and moving around while holding onto each other's shoulders with their hands. PO Heimsness said that from what he saw, the suspect and the homeowner grabbed each other using both hands to the clothes, to the shoulders of each other and they were twisting and turning. He could see the homeowner based on Dispatch's description and he thought ok, the other guy is the burglar and they are in some sort of fight. PO Heimsness knows that this suspect is a burglar, he does not know if he has any weapons. PO Heimsness said he knows that this is a serious incident so, "I gunned the guy, mostly the suspect, and I yell get on the ground now". Detective Riesterer asked what he was doing when he pulled his gun out. PO Heimsness said "I yelled get on the ground now. They both looked at me. The husband lets go and goes away. I'm probably 15, 20 feet away by now." PO Heimsness said the suspect then turns towards him. PO Heimsness said, "I took my non gun hand and I point at him and I yell, you get on the ground, get on the ground now." PO Heimsness said that he has his gun in his right hand and he is using his left hand to point at the suspect and he is giving loud orders, telling the suspect to get on the ground. PO Heimsness said the suspect ignores him and "he walks quickly towards me. He's sayingn ' no, fuck you god dam mit, no, fuck you god dammit.' He gets up on me quickly and I back up to get distance." PO Heimsness explained that the suspect walks really quickly towards him, it wasn't really a run but "he closed the distance very fast". PO Heimsness said that as the suspect is advancing on him quickly, he pulls his gun hand, with the gun it in, back towards his right shoulder but still in a position where he can see his entire gun within his vision. He has his left hand extended out and is yelling at the suspect to get down, get on the ground. The suspect is saying back to him, " , No, fuck you god dammit '''. PO Heimsness said that the suspect approaches him very quickly and uses his (suspect) right hand and reaches out and grabs his (Heimsness) left hand. PO Heimsness is trying to push him (suspect) off but somehow the suspect is able to grab his (Heimsness) hand and squeezes it very hard. PO Heimsness said that he felt immediate pain and he is trying to push the suspect away with his left hand. His (Heimsness) right, gun hand is still pulled back. PO Heimsness said that his pinkie and hand hurt very badly and that it hurt for several hours after the incident. PO Heimsness continued by saying as he is trying to push the suspect away with his left hand, the suspect is still coming at him and advancing on him. PO Heimsness said that he has his right hand back by his right shoulder and he is trying to back up. He knows that he is on the sidewalk and he can back up somewhat but he does not know how far. He is trying to do a rolling step backwards so he doesn't trip and fall down because he knows if he falls down, the suspect is going to get on top of him and have the advantage. PO Heimsness said that as the suspect is squeezing and hurting his (Heimsness) left hand, the suspect is using his (suspect) left hand to grab at his (Heimsness) gun. PO Heimsness said that the suspect's left hand was grabbing directly towards his ( Heimsness) gun plus he (suspect) is still pushing and squeezing and trying to grab his ( Heimsness) other hand and still advancing on him (Heimsness). PO Heimsness said that all of this is happening very quickly. PO Heimsness said he tried to disengage by pushing away but the suspect is still advancing on him. PO Heimsness said he knows that he can take some steps backwards but he knows there is going to be a curb or other things that can cause him to trip and fall and he cannot turn his back and run away because he knows that you never turn your back on a suspect. PO Heimsness said that even in a good situation like with field sobriety tests, you don't turn your back on a suspect because you never know what could happen. PO Heimsness said you certainly don't do it when someone is being aggressive.

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PO Heimsness said that some of this seems like it is happening in slow motion, he remembers thinking and seeing all of these things at once, he knows he had tunnel vision, PO Heimsness said he is trying to push the suspect away with his (Heimsness) left hand, The suspect is trying to take his (Heimsness) gun away, He said the suspect is looking directly at his gun and "his eyes are locked on my gun," The suspect is grabbing his gun at the same time, PO Heimsness said he thinks the suspect is trying to disarm him, PO Heimsness said, "He's still trying to get my gun, He's trying to disarm me, I know if he disarms me, he's going to shoot me," PO Heimsness said at that point "I give him a big push with my hand, I get a strong two handed grip and I shoot three times, He staggers back, he goes down, he goes down on the sidewalk, I keep my gun on him to cover him, That's when I see Stacey Troumbly, It's almost like magic that she appears, I didn't see her before that." I observed at this point that PO Heimsness took off his glasses and his lips were trembling, PO Heimsness continued saying he knows he can take the shot because he could not see the homeowner and he could tell there was no one else around, PO Heimsness said, "I thought my background was clear, he's trying to get my gun, I think, if he gets my gun, he's going to shoot me," At this Point in the interview PO Heimsness starts to cry and starts coughing and is having some difficulty completing his sentences, PO Heimsness said that he remembers that after shooting the suspect he, meaning Heimsness, was really mad because "the guy made me shoot him, I was pissed off at the guy that he made me shoot him", PO Heimsness said he remembers saying god dammit but that is because he was upset and mad that he had to shoot this person, At this Point in the interview we did take a very brief break, The break lasted approximately two minutes, Detective Riesterer asked PO Heimsness if he was able continue, PO Heimsness said he was, Detective Reisterer asked if the suspect touched his gun, PO Heimsness responded he doesn't know if the suspect ever touched his gun, I asked PO Heimsness to talk about what happened after the shots, PO Heimsness said that after the shots, he stood there and covered the suspect with his weapon, He saw Stacey (PO Troumbly), the other officer, and that PO Troumbly held back for a little bit. PO Heimsness said he did not want to approach the suspect. He saw that the suspect was on the ground. He saw the suspect was moving and there was some groaning, but then it stopped. PO Heimsness said that he thinks that at some Point he got on the radio and told Dispatch what happened. He thinks it's before he swore and said the words god dammit, but he's not positive. He knows that PO Troumbly, the other office, started to attend to the suspect, who was on the ground. PO Troumbly told him that the suspect was PNB (pulse less non breathing), PO Heimsness said he remembers getting on the air and telling Dispatch that the suspect was PNB but at some Point they also put him on another channel so he's not sure, he thinks he told channel one that the suspect was PNB when he should have gotten on the other channel to do it. PO Heimsness said somewhere about this time Sergeant Krahn got there. Sergeant Krahn said are you guys OK and then Sergeant Krahn took him out of the scene. PO Heimsness said he has no idea who else as far as officers was even there. Sergeant Krahn told him that he had to remove himself from the scene so he walked over to his squad and put himself in the squad and stayed there until Investigator McEvoy came and spoke with him. At this Point in the interview, PO Heimsness was crying and was having some difficulty talking without having to take long pauses. After some few minutes of sitting, Detective Riesterer asked PO Heimsness if he would be able to show us on a map of the area where he parked his squad and where he thought he was standing, PO Heimsness did draw in where his squad was parked by drawing in a vehicle. He made dash marks to show the direction he walked. He said he could not remember exactly where all the cars were parked on the street. Along the dash line there is a circle with an F in it, for where he thinks he was standing when he flashed his flashlight. This is when he noticed the other squad pull into the area, He thinks that is when he got the description of the homeowner. He put the number one in,

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where he stopped to listen to see if he could hear what was going on as far as the burglary in progress. PO Heimsness said he remembers he was near a tree because he wanted to use the tree for cover and concealment. He believes he was somewhere between a car and a tree when he heard the description of the homeowner from dispatch. He doesn't remember hearing anything going on as far as a disturbance or an argument or a fight. That's also about when he noticed the door was open to 513 S Baldwin and the porch light was on. PO Heimsness said he thinks that is when he stepped out into the sidewalk but he can't remember if he stepped straight onto the sidewalk or if he went at an angle. This position is identified on the map with the number two. PO Heimsness said he knows that when he got to the sidewalk that is when he saw the suspect. PO Heimsness said the suspect was by the lot line between the two houses, which he thinks was 511 and 509. PO Heimsness put an S for suspect thinking that is where he first saw the suspect. PO Heimsness said he thinks that is where he first saw the twisting and the struggle and the grappling between the suspect and the homeowner. Detective Riesterer asked him where he was when he gave commands. PO Heimsness said he thinks he was on the sidewalk by the tree, "That's when I drew and got their attention. Both turned and looked right at me. They separated and the suspect came right at me. I may have taken some steps forward. I believe I did but, I think I did but I'm not sure." PO Heimsness Pointed on the diagram where he thought the shooting happened; he thinks he took a couple steps forward. Detective Riesterer asked if he was able to identify himself at all. PO Heimsness said no I didn't, I gave orders to get on the ground, get on the ground now. Detective Riesterer asked PO Heimsness what happened once he gave the orders. PO Heimsness said they both turned and looked at him. Detective Riesterer asked did you see the homeowner. PO Heimsness said that after they turned and looked at him, the homeowner moved off to his (Heimsness) left. PO Heimsness said "I lost sight of hm. I don't know where he went. He had both his hands up." PO Heimsness demonstrated the homeowner by putting both of his hands up in the air, elbows bent with palms facing PO Heimsness. Detective Riesterer asked if that is a reaction that he gets normally from people when he gives loud verbal orders. PO Heimsness said sometimes yes and sometimes no, it depends on the people. PO Heimsness said that he saw the homeowner put his hands up and he thought the homeowner was reasonable with his reaction. He knew that that was the homeowner and he saw the homeowner move off. Detective Riesterer asked what the reaction was from the suspect. PO Heimsness said "The suspect turns and comes towards me. It was hostile aggressive action. I had my gun out. That indicates to me it is an assaultive behavior and he wants to fight. It wasn't what I was looking for. He should have gotten down. He's a threat and he's coming at me." Detective Riesterer said, so the neighbor is off someplace and the suspect is engaging, what did you feel. PO Heimsness said "He came towards rne quickly. His hands were up in front of him and his fists were partially clenched. His tone was lowered, like hostility, saying 'no, fuck you.' Detective Riesterer asked PO Heimsness to demonstrate and show us what he was doing and what the suspect was doing. Both PO Heimsness and Detective Riesterer stood up in the room. PO Heimsness said that he started out being farther away from the suspect than this room would allow. He is estimating that they were about 10-15 feet apart and then the suspect turns on him. The suspect says, no fuck you god dammit. PO Heimsness showed us and said that he has his gun out and he is pointing at the suspect with his left hand. I observed that PO Heimsness has his left arm stretched out and that he is pointing his left index finger. PO Heimsness said that he is ordering the suspect to get down on the ground and the suspect takes good sized quick steps, saying 'no fuck you'. The suspect has his hands up. PO Heimsness said he is doing a rolling back step with his gun out but the suspect is coming at him faster than he can back up without falling down. PO Heimsness said that the suspect is using his right hand to grab Heinsness left hand and his (Heimsness) left hand is outstretched so the suspect is grabbing his ( Heimsness) left hand with his ( Suspects) right hand and at the same time trying to grab at PO Heimsness' gun with his (Suspects) left hand. PO Heimsness said that they are in very close proximity to each other. I observed that he and Detective Riesterer are

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approximately six inches or less apart. PO Heimsness is demonstrating by having Detective Riesterer standing as close as he thought the suspect was to him. Detective Riesterer estimated the distance to be between five or six inches apart. PO Heimsness said this is all happening very quickly. He knows when the suspect is grabbing at his gun they were very close. PO Heimsness said has his gun pulled back by his shoulder but he could still see his hand and the gun. He knows the suspect is trying to disarm him and he is afraid that if the suspect gets his gun the suspect is going to use it against him and the suspect is going to kill him. PO Heimsness said he also knows that the suspect can disable his gun also. Detective Riesterer asked PO Heimsness why he thought that. PO Heimsness said that he is a Glock armorer and he carries a Glock, he knows that if the suspect is able to push his slide back even very slightly it can make his gun non-functional and that it will not work. He said the barrel unlocks and it tips away and it makes the firing pin and the striker not release. PO Heimsness said that all these things were going through his head as the suspect is trying to grab his gun and he is trying to keep the suspect back. Detective Riesterer asked if all those things about the Glock are running through his head. PO Heimsness said no, he just knew that he needed to get distance from the suspect so he could make sure his gun worked. PO Heimsness said that the suspect is swatting and grabbing at him and his gun. The suspect is using his left hand to grab at his (Heimsness) gun and the suspect's right hand is grabbing and swatting at his (Heimsness) hand. PO Heimsness says they are less than six inches apart, "Now I'm worried that he's too close, I can't get away, he's going to disarm me and use the gun on me. So I give him a push, step back and one, two, three. I shoot three times. He makes a groaning noise." Detective Riesterer asked PO Heimsness to try and slow down and explain this part a little better. PO Heimsness said that because he's afraid of being disarmed and having the suspect use the gun against him, he pushed the suspect, describing it as "I pushed out and I think I stepped back at about the same time. I think I was blading before that" and then PO Heimsness squared off by taking a step back with his left leg and as soon as he squared off, he fired center mass at the chest three times. PO Heimsness said the suspect fell to the ground and the suspect made groaning noise and then that was it. I asked PO Heimsness to show me what he meant by blading. PO Heimsness said he thinks he may have has his body slightly turned, he demonstrated by putting his left foot, hips and shoulders slightly forward of his right foot, hips and shoulders. PO Heimsness said he thinks he did this to get his gun farther away from the suspect. I asked PO Heimsness why he did not turn his back on the suspect and run, because some people are going to ask that question. PO Heimsness said that in his mind he is never going to turn his back on a suspect and that is just not something you do as a police officer. He knows that he and the suspect are very close and that turning away and exposing his back is not an option for him and it's not something he's going to do because he doesn't know what the suspect is going to do to him if he turns his back. PO Heimsness said "I can't get away, I can't turn". PO Heimsness said that in processing these thoughts, things slowed down. I know I had tunnel vision. He's within six inches of me and grasping at my gun. I can't get away. I can't back up. I can't go anywhere without tripping and falling, and he's going to fall on top of me. He's going to have the advantage and he's going to take my gun away from me and kill me. I don't think I had any other option." Detective Riesterer asked PO Heimsness if he knows how much time passed between the times he started verbal's until the time the suspect aggresses. PO Heimsness said from the time I started giving orders until he comes after me, about a second. Detective Riesterer asked how much time until he gave orders until he had to use deadly force. PO Heimsness said, "My best guess if four to five seconds, at the most five seconds." I asked PO Heimsness again why he didn't think he could turn his back on the suspect. PO Heimsness said "If I turn my back to him, I'm vulnerable. I can't defend myself. You don't turn your

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back on a suspect for anything ever, even if they're cooperative. You can't do that. He's trying to attack me. It's not safe; I'm just not doing it." There was an approximate one minute pause in the interview. We all stayed in the room. Detective Riesterer asked PO Heimsness about being the beat officer in the area and some of his routines that he does. PO Heimsness said that he does do foot patrol as much as he can. He said some of the officers don't like it but he likes to do foot patrol. He frequently does a lap where he parks his squad in the 1200 block of Williamson Street and then he either walks towards Mickey's on the bike path or to Dickinson or to Plan B, and then he turns around and he walks the other way. So if he parks in the 1200 block, one loop would be to walk to the 1500 block and then turn around and come back. Another loop would be to walk down towards the 900 block and then come back to where his squad is. Detective Riesterer asked why he does foot patrol in the area. PO Heimsness said because it's a really busy area, especially on Thursday nights. He said that Plan B has the 18 and older night and there are a lot of bars that have bands. He said there is just a lot of foot traffic and pedestrians in the area and bar time is a time when the patrons at the bars are vulnerable because they've been drinking or they're on foot and it's dark. He said there are at least six or seven bars on Williamson Street between the 900 block and the 1500 block. He said there's a lot of foot traffic. He said that he goes to the bars and talks to the bouncers. Some of them know him. He's also been to some of these places off duty. He usually does the foot patrol laps by himself because he can't get other officers to do it because they have their own beats to take care of. PO Heimsness talked some about Plan B, which is a bar, and that Thursdays and some Fridays are the 18 and up drinking nights. He said that there have been a lot of complaints about foot traffic and noise. He said this particular night, on the 8th into the 9th, Plan B was very quiet and he did not do any foot patrol. He said it was not a very nice night out, it was cold and there wasn't a lot of foot traffic that night. Detective Riesterer asked PO Heimsness if he is currently on any prescription drugs. PO Heimsness said no, he advised he has nothing prescribed that he's suppose to take. He doesn't even take aspirin, medications or vitamins. He tries to avoid that stuff. Detective Riesterer asked PO Heimsness what he was feeling when he made his decision to use deadly force. PO Heimsness said"l was afraid, I was afraid he was going to take my gun and kill me, I was afraid he'd kill me." Detective Riesterer asked PO Heimsness if he would do a walk though of the scene tonight following this interview. PO Heimsness agreed. The walk though will be covered in a separate report. The interview ended at 12:04 AM.

Supervisory Officer: Reporting Officer:
DET ANN J TURNER

1.0.: _ ___ __

I.D.: 2330

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01/09/2013

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Report 46

MADISON POLICE DEPARTMENT Report Completed: Occurred Incident: Dispatched as:
11/12/2012

10 - Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch Date/Time: 11/09/201206:02 Reporting Officer: DET ANN J TURNER 2330 Special Routing: Scene walk through with Police Officer Steve Heimsness

From Date/Time: Thru DatelTime: Report sent:

On 11/10/12 at approximately 12:35am Detective Riesterer. Attorney Loeb. PO Heimsness and I met at the corner of Spaight St and S Baldwin St to do a scene walk through with PO Heimsness. Detective Riesterer asked the majority of the questions. I documented the questions and answers. The walk through was not recorded. PO Heimsness indicated that he parked his marked squad on S Baldwin St, at the curb against traffic facing Jenifer SI. He walked diagonally across the street towards 513 S Baldwin. He could see 513 S Baldwin very well with the porch light on. PO Heimsness said that he thinks he was midway across the street and continuing to move when he saw the other squad with its lights off. That is when he blipped his flashlight so the other officer would know where he is. PO Heimsness said he stopped about 5-6 feet from a tree. The tree was on the south side of him. He could see that the screen door to 513 was closed but the interior door was open. PO Heimsness said he was listening and looking. He stepped out onto the side walk and he could see the homeowner and the suspect were struggling. PO Heimsness said he pulled his gun and began to give verbals, get on the ground. I observed that PO Heimsness was now standing in-between 515 and 513 S Baldwin. I asked if this is where he was standing when he first saw the suspect and homeowner. PO Heimsness said that he believed so. PO Heimsness said that the suspect and home owner were down by 513, 511. PO Heimsness said," I think that as I was walking up I was ordering them to get on the ground, I walked closer to see what they were doing. I was by a tree. I saw them wrestling closer to 511 but on the lot line." PO Heimsness said he was, " by the tree, I see them, I got on the radio and told them (dispatch) I see them. He's fighting with the homeowner, I think I was walking while I'm on the radio. I was doing like three things at once. Walking, talking on the radio and drawing my weapon." PO Heimsness said he thinks he was by 513 S Baldwin but closer 513 than 515. Detective Riesterer asked where he was when the suspect engages him. PO Heimsness said the suspect and home owner were closer to 509 when he saw them, he thinks he and the suspect engaged closer to 511 near the telephone pole. PO Heimsness said, "this is all an estimate because I don't know for sure, It's bigger now than I recall". Detective Riesterer clarified with PO Heimsness that now that he is looking at the actual scene some of the distances are different than what he remembers but he believes he is close with what he told us. While talking with PO Heimsness and going through the scene with him, Detective Riesterer put green spray paint marks on the sidewalk and curb to indicate locations that PO Heimsness pointed out to us. Detective Riesterer plans to return with an investigator to measure the distances. The walk through interview ended at 12: 50am

Supervisory Officer:

1.0.: _ ___ __

Reporting Officer: DET ANN J TURNER

I.D.: 2330

01109/2013

161 164

Report 47

MADISON POLICE DEPARTMENT Report Completed: Occurred Incident: Dispatched as:
11/12/2012

10 - Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/2012 02:46 Dispatch DatelTime: 11/09/2012 06:02 Reporting Officer: DET ANN J TURNER 2330 Special Routing:

From Date/Time: Thru DatelTime: Report sent:

Second Interview with Police Officer Steve Heimsness

On 11/12/12 at 9:15am Detective Riesterer and I met with PO Heimsness and his attorney Jordan Loeb at the CCB in an interview room. The purpose of this meeting was to allow PO Heimsness to review his statements because the initial interview was not recorded. PO Heimsness reviewed the draft report and requested some minor changes which I made, The original report was initialed at the bottom of each page by PO Heimsness and me indicating that PO Heimsness agreed with the information in the report, At 11 :03 am Detective Riesterer, PO Heimsness, Attorney Loeb and I were in an interview room so that we could ask some additional questions, Detective Riesterer asked PO Heimsness if he saw anything in the suspects hands, PO Heimsness responded, " No", Detective Riesterer said to PO Heimsness, will you show us the distance between you and the suspect when you delivered your rounds,? PO Heimsness said he is estimating that he was about 2 % feet away, PO Heimsness said, because when I did it, the shove was weak, he (suspect) did go back like this, PO Heimsness said and demonstrated that he shoved the suspect with his left hand, Detective Riesterer asked if his left hand is his non- dominant hand, PO Heimsness answered yes, Detective Riesterer asked what happened after he shoved the suspect with his left hand, PO Heimsness said he saw the suspects upper body move backwards, PO Heimsness said that he had tunnel vision and he only saw about 3 feet around, Detective Riesterer asked what PO Heimsness saw, PO Heimsness said that he saw the suspect from about his (suspect) belt line to his head, PO Heimsness demonstrated this by positioning himself with his feet almost touching Detective Riesterer's feet and his body is about 2 % feet away, PO Heimsness said his arms are closer because he had his gun in his hands, PO Heimsness said he gave the suspect a shove and the suspects upper body moved backwards so the suspects upper body was moving away from him when he fired, PO Heimsness said he does not know if the suspects feet moved, Detective Riesterer asked PO Heimsness, when this was going on did you hear anything at all during this encounter besides what the suspect said,? PO Heimsness said he heard the shots but they were muffled, I asked PO Heimsness if he would go back to when he first saw the suspect and the homeowner wrestling and he pointed his gun at the suspect and gave loud verbal commands, PO Heimsness said, "They stopped and looked at me, I said you get on the ground", I asked PO Heimsness if he heard anyone, other that the suspect, say anything once the home owner backed up, PO Heimsness said, "No, the homeowner backed up and I lost sight of him, I only heard the suspect say, ' no fuck you', I heard no other sounds,"

01/09/2013

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165

Detective Riesterer asked if he had anything to change now that he has been out to the scene. PO Heimsness said that there is a mark on the original diagram where he thinks he first engaged with the suspect and homeowner. Now that he has seen the area again he believes he was closer to them. PO Heimsness said he gave his first verbals when he was around the front of 513. He thinks he took a couple of steps and was just past the driveway, on the terrace of 511, just past the telephone pole when he and the suspect were struggling over his gun. I asked PO Heimsness, when you first saw the suspect, right after the suspect turned toward you, did you see anything in the suspects hands. PO Heimsness said, No, in his hands? I couldn't see anything. I asked him if he saw anything in the suspects hands during the time the suspect was trying to get his gun. PO Heimsness said that with his (suspect) right hand he was grabbing my hand I couldn't tell if he had anything in his hand because my arm was blocking it. With his other hand I could see that his hand was open, he was grabbing at my gun to grab onto it. I asked PO Heimsness if he could see that the suspects hand, the one going for his gun was open, why he didn't re-holster or if he thought to re-holster. PO Heimsness paused and said," No, I was in the middle of trying to keep him off me. In hind sight why would I re-holster, I'm in the middle of a fight, I might miss my holster, I might drop it, I want to keep my hand on it to keep it secure, he's trying to get it, if I drop it he might get it, he's trying to kill me, that's my best tool. Why would I want to go to a lower option, why would I risk losing it, I'm gonna keep it in my hand and use it if I have to, he's trying to kill me. Detective Riesterer asked PO Heimsness if he has anything more to add. PO Heimsness said no. He said he will be available for any additional questions.

The interview ended at 11: 15am.

Supervisory Officer: Reporting Officer:
DET ANN J TURNER

1.0.: _ __

I.D.: 2330

01/09/2013

163

Report 48

166

MADISON POLICE DEPARTMENT Report Completed: Occurred Incident: Dispatched as:
11/13/2012

10 - Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/2012 02:46 Dispatch Date/Time: 11/09/2012 06:02 Reporting Officer: DET ANN J TURNER 2330 Special Routing: Third interview with PO Steve Heimsness.

From Date/Time: Thru Date/Time: Report sent:

On 11/12/12 at 2pm Detective Riesterer, PO Heimsness, Attorney Loeb and I met at the CCB to review my report from the last interview. PO Heimsness initialed the bottom corner of each page indicating he agreed with the information in the reports. Detective Riesterer asked PO Heimsness some additional questions. Detective Riesterer asked PO Heimsness if he has heard the deceased subjects name. PO Heimsness said he found out the deceased person's name but he does not know him professionally or personally. If he has met him professionally in the past he does not remember it. Detective Riesterer asked PO Heimsness why he decided to pull his service weapon at the time he did. PO Heimsness said that he "needed to confront a burglary suspect who was in a physical struggle with a victim." I asked PO Heimsness what he was thinking when he was dispatched. PO Heimsness said, " I was sent to a felony in progress, it's a high risk incident, I could be confronting a suspect that doesn't want to get caught, they might have to go to prison. Confronting a suspect can be dangerous, they could have a weapon or be armed". Detective Riesterer asked, when you were engaged with the suspect and you had your body bladed and your weapon up by your shoulder, have you ever been trained to do that. PO Heimsness said, "no I can't say exactly that. I guess it was sort of modified, we are trained to bring your gun toward your chest for better control and security of the gun." Detective Riesterer asked why he had his weapon there. PO Heimsness said, "I had the suspect at gun point, I pulled it back to get it away". PO Heimsness said he pulled it back to get it away from the suspect. PO Heimsness said he believes he had his weapon closer to his chest, not up by his face or shoulder, so that he could keep it secure but also away from the suspect. Detective Riesterer asked if he could have fired his weapon from that position. PO Heimsness said yes but he doesn't know how accurately. Detective Riesterer asked why he stopped firing. PO Heimsness said, "he (suspect) stopped aggressing, he went down, I fired till he stopped."

Supervisory Officer: Reporting Officer: DET ANN J TURNER

1.0.: _ __ _ __

I.D.: 2330

0110912013

164 167

Report 49

MADISON POLICE DEPARTMENT Report Completed: 11/9/2012 Occurred Incident: Dispatched as: 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET GREGG LUEDTKE 2524 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

SUSPECT

PAUL H HEENAN MNV 509 S BALDWIN ST 2 MADISON WI

CONTACT

JAMES E PARR MNV DOB:_1985 (27 yrs) _ AId'm'ST MADISON WI C: _ _ W: EMPLOYER: ST ADVOCATES, 612 W MAI~ STATUS: INTERVIEWED BY PHONE, 11/9/12, 8:17am

NARRATIVE On 11/9/12 at approximately 8:15am Detective Ann Turner asked if I could make contact with James Parr. Detective Turner told me that Parr contacted 911 and provided information reference this criminal investigation. Detective Turner asked me to complete a phone interview with Parr at this time. I later spoke to James E. Parr at 8:17am. I identified myself to Parr and told him that I was asked to contact him regarding the information he had provided to 911 Dispatch reference the ongoing criminal investigation on South Baldwin Street. I asked Parr if he was the person that made phone contact with 911, and he said that he was. I asked Parr to advise what information he had provided to Dispatch. Parr told me that he was lying down awake in his apartment bedroom at _Spaight Street when he overheard an unknown person yelling outside. I asked Parr what s~c statements he heard while lying in his bed. Parr told me he heard a male voice yell, "Get down, get down on the ground." I asked Parr if he heard any additional statements made outside his residence, and he replied, "I did not hear any other words." Parr confirmed that it was most likely a male voice or a male giving the commands to get down. I asked Parr what happened next. Parr told me that within 30 seconds he overheard three gunshots in rapid succession. Parr could not give an estimated time lapse between each gunshot but stated that all three happened very quickly, while stating out loud, "Pop, pop, pop." I asked Parr if he overheard any statements of voices after the gunshots had occurred. Parr told me he did not hear any other voices talking and only heard a police siren within the next couple of minutes. I asked Parr if he happened to respond to his window and look outside to verify what had just happened. Parr told me that he remained on his bed and did not look out his window. Parr told me that his window faces the west side of the house and his apartment is on the first floor. Parr told me that by the location of the gunshots, he estimated that the shots occurred near the intersection of

01109/2013

165 168

Spaight and Baldwin. Parr told me he was only guessing and had no idea where the gunshots had taken place. I asked Parr if he lived alone or had other roommates. Parr told me that he did have a roommate, whom he identified as Russ McMinn. Parr told me that McMinn did not wake up and Parr did not have any conversation with McMinn reference the gunshots that he had heard early this morning. Parr told me that he would provide my information to Russ and have Russ contact me by phone in order to obtain a statement from him. As of 6:15 on 11/91 have not heard back from Russ McMinn. Parr told me that there was an additional tenant at 1316 Spaight Street who lived above him on the second floor. Parr told me that he believed this person was home at the time he heard the gunshots. I asked Parr why he thought there was an individual home above him at that time. Parr told me that he thought he overheard a person get up and start walking around in the bedroom directly above him after he heard gunshots. Parr told me he could not provide me with the identification of the individual who lived above him, but he would contact him and also have this person call me for a statement.

I asked Parr if he had been drinking on 11/9 prior to hearing statements and gunshots from his
residence. Parr told me he was not drinking that morning and had not ingested any prescription or other illegal drugs. Parr did estimate that he most likely made contact with Dispatch around 2:55am, but he was not certain of this time. Parr could not provide any additional information and I ended my phone contact with him at this time. NFI/jas
Supervisory Officer:

1.0.: _ __

Reporting Officer:

1.0.: 2524
DET GREGG LUEDTKE

01/09/2013

166 169

Report 50

MADISON POLICE DEPARTMENT Report Completed: Occurred Incident: Dispatched as: 11/9/2012 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St . Call Date/Time: 11109/2012 02:46 Dispatch Date/Time: 11109/2012 06:02 Reporting Officer: DET PETER BAIO 3101 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

CONTACT

D/"\I,-'-"'V'"

ST #3 MADISON WI (BUSINESS ADDRESS)

HOW 10'0:

VERBALLY

CONTACT WITH PETKOVSEK On November 9 'h , 2012 I was asked to assist with an Officer Involved Shooting that had occurred at 513 S. Baldwin St. I was asked to call two people who resided in the neighborhood for the purpose of determining if they had witnessed anything. I made telephone contact with Larry Petkovsek who was verbally identified who said that his business office was located at 503 Baldwin St but he did not live there. Petkovsek said that he was not there during the evening hours and was not present during the incident and that he only knew about the incident from what he had seen on TV. I asked Petkovsek if he had any vehicles parked at this address and he said that his 1999 Silver Chevy Tahoe, WI PL# 298FLU, was at the address and it had been there since the previous night. I did complete a data check on this license plate number and confirmed what Petkovsek had told me. I also attempted to contact Michelle Haas at 608~ho resides at _Baldwin St but I did not receive a call back from her. End of Report/pwb Supervisory Officer: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1.0. Reporting Officer:
==-:c=::-:::...,-,-:,--_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I.D. ==-===-=-:-:-::--_______________ 1.0. 3101

DET PETE BAIO

01109/2013

167

172

Report 51

MADISON POLICE DEPARTMENT Report Completed: 11/9/2012 Occurred Incident: Dispatched as: 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer Involved Shooting Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11109/2012 02:46 Dispatch DatelTime: 11109/2012 06:02 Reporting Officer: DET ANGIE N DYHR 3787 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

SUSPECT

PAUL H HEENAN MNV DOB:_1982 (30 yrs) CATHERINE R CAIRNS FNV DOB:_1961 (51 yrs) _SPAImfi'ST MADISON WI H:

CONTACT

C:

MENTIONED STEPHEN C CAIRNS MNV DOB:_1957 (55 yrs) _SPAI~T MADISON WI ATTACHED • Email correspondence from Kristofer Noon to Stephen Cairns OFFICER NARRATIVE On November 9, 2012, I assisted in a neighborhood canvass with Det. Baio. We were assigned to the officer-involved shooting =ccurred outside of 513 S. Baldwin St. At approximately 1:25 p.m., I contacted the resident of_Spaight St., identified verbally as Catherine R. Cairns. Cairns invited Detective Baio and I into her residence. I asked Cairns if she was aware of the investigation that was occurring in the neighborhood. She advised that she heard briefly on the news that there was an attempted robbery where an officer shot the suspect. Cairns advised that her husband, Stephen, received an email that morning from their neighbor, Kris Noon. She advised that Noon's residence was located on the corner of Spaight St. and S. Baldwin st. She advised that the email from Noon reported that there was a shooting after a breakin at 513 S. Baldwin St. Noon was requesting that neighbors get together to talk about the break-ins and what they could do to protect their neighborhood. Cairns reported that she believed that in the email, Noon reported that his residence was burglarized recently and Noon was concerned with the safety in the neighborhood. Cairns reported that she believed the email was also addressed to other neighbors and specifically to Officer Steve Magyera, whom she believed is the neighborhood liaison. Cairns provided me with a copy of the email from Noon. The email was sent on Friday, November 9, at 5:32 a.m. A copy of this email is attached to this report. I asked Cairns if she had witnessed or heard the incident at 513 S. Baldwin St. Cairns reported, "I was awakened by gunshots." Cairns stated, "Three gunshots, close together." Cairns advised that she was awakened by the sound of the gunshots at 2:50 a.m. She recalled, when she awoke, she looked at bedside alarm clock. Detective Baio asked Cairns how she knew that the sounds she heard were gunshots. Cairns stated, "It was one, two, three, right in a row, consistent. Not like fireworks," Cairns

01/09/2013

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commented that she thought that it was strange that she did not hear multiple sirens. Cairns advised that she did hear a "siren," which came quickly after she heard the shots. Cairns advised that she did not call police because she heard the siren and believed that an officer was responding. Cairns advised that she had problems getting back to sleep and she believed that she was awake for approximately 45 minutes. Cairns advised that her husband, Stephen, slept through the gunshots and was not aware of what had occurred until the morning, when he received the email from neighbor Kris Noon. I asked Cairns if she talked personally with Noon or any of her neighbors. She advised that they did not receive any other emails from Noon and had not been in contact with any of their neighbors. She advised that they attempted to catch the 11 :00 AM news and caught the tail end of the story. Cairns advised that her backyard backs up to 513 S. Baldwin St. and she knows the residents and their children. She advised that Kevin and Megan O'Malley reside at 513 S. Baldwin St. and they have at least five children in common, ranging from 2 years to high school age. Cairns reported that she knew some of the residents in the 500 block of S. Baldwin St., beginning with Kris and Helen Noon, whose residence is on the corner of S. Baldwin St. and Spaight St. The property located at.S. Baldwin St., she advised, was a rental property and had a first and second floor. She advis8cl"!flat she did not know any of the renters who live at this residence. Investigation in Progress/jlt Supervisory Officer: Reporting Officer:
DET ANGIE N DYHR

I.D.: _ __

I.D.: 3787

01/09/2013

169 174

Steve Cairns
From:

Sent: To: Cc:

Subject:

Kristofer Nonn Friday, November 09, 2012 smagyera@cityofmadison.com; Scott Thornton cd()lsEm@~cityolfm'ldi~;on.com;Ian marsha rummel; helen nonn; cdolsen@cityofmadison.com; Ian Anderson; kevin o'malley; marline pearson; rob kennedy; megan o'malley; pat jones; Mary Ann McBride; Steve Cairns; Steve Cairns Robbery and Shooting on 500 block of S. Baldwin Street

Steve and Scott, I know that you mayor may not yet be aware of this, but there was, earlier tonight, a fatal shooting of a robber by a police officer following a break-in at 513 S. Baldwin Street. As you can Imagine, this has been a very traumatic expelience for everyone on our street, and I wanted to reach out to you to ask if we as neighbors could request a meeting with you, or whoever is the MPD police liason for Marquette Neighborhood, to discuss what has happened, to talk about how we support each other, and to discuss ways and strategies to help prevent such things from happening In our neighborhood in the future (distribute formal contact information, neighborhood watch, leave porch lights on, lock car and house doors, etc.). I know that there have been a rash of break-ins and robberies on our block over the past number of months - we have been the victim of two such incidents, which were reported to MPD and handled by Officers Tyler Grigg and Emily (Lawson? I will confirm this). It does seem, however, that things seem to be escalating, going from breaking into cars and garages to a home invasion while a family is asleep. We appreciate your thoughts on this, and look forward to discussing it further to ensure that we all work together to make our neighborhood safe. Thank you for your time, and Helen Nann Baiclwin Street - Kris) - Helen)

1

01109/2013

170 175

Report 52

MADISON POLICE DEPARTMENT Report Completed: 11/9/2012 Occurred Incident: Dispatched as: 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Officer Involved Shooting Case Offense: Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET JENNIFER J MUNDT 3690 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

On Friday, November 9 th , 2012, Detective Paul Bauman and I were assigned to canvass the 600 block of South Baldwin Street as well as a few of the houses to the east and west of South Baldwin Street on Spaight Street and Rutledge Street to see if the residents had seen or heard anything related to the shooting that occurred in the early morning hours that day.

John McCall Tigert, mlw, _/89, 1018 Woodmont Boulevard, Nashville, TN, 37204 - visitor at the residence. Tigert informe~hat he was sleeping on the couch in the living room. Tigert told us that he woke up when he heard his friend, Lian Tarhay, walk past him and go out the front door. Tigert told us that he believed that Tarhay had spoken to the police around 3:00 a.m. Tigert told us that he was not sure if Tarhay got up because she heard the gun shots or because she heard officers knocking on the door. Tigert informed us that he rolled over and went back to sleep after Tarhay walked past him. Tigert told us that he did not hear or see anything related to the shooting. Matthew Mella - not at home, unknown if he was spoken to by police Lian Tarhay - not home, but allegedly spoke to police around 3:00 a.m.

"spaight Street #2
No answer at the door.

"'Spaight Street
No answer at the door. Mailbox indicates that K. Erickson, H. Blum and A. Mentele live at the residence.

No answer at the door. Mailbox indicates that Carly, Ryan and Jaimie live at the residence.

No answer at the door. Mailbox indicates that Michael A. Walker, Gerald Simon, Mike Simon and Thomas Simon live at the residence.

01/09/2013

171
176

.spaight Street (Mailbox with no apt. number)
No answer at the door. Mailbox indicates that C. Tweed, L. Barlow, A. Manley, and C. Davenport live at the residence.

. Wattnem advised that she was at the Weary Tamara A. Wattnem, f/w, _ 8 5 , approximately 1: 15 a.m. celebrating her birthday. Traveler from approximat~O p.m. u Wattnem advised she walked home, alone, from the bar to her residence. Wattnem advised that she did not hear or see anything related to the shooting or the events that occurred prior to the shooting and that she had not even heard about the shooting until we told her. Wattnem advised that while at the Weary Traveler, she did not observe any disturbance or anyone behaving disorderly. Charles F. Taylor, m/w,_83, _ _ Taylor informed us that he was at the gym until approximately 10 p.m. Taylor told~ome from the gym sometime between 10:30 p.m. and 11 :00 p.m. Taylor told us that upon his arrival home, he showered, watched movies until approximately 1:00 a.m. and fell asleep. Taylor told us that he did not see or hear anything related to the shooting or the events that occurred prior to the shooting.

No answer at the door. Mailbox indicates that Meredith Coulson lives at the residence. A note inside the front that Coulson is the resident to be called in the event of an emergency and lists her telephone number.

No answer at the door. Mailbox indicates that Ashley Rouillard, Karen Bednar and Kristin Bednar live at the residence.

No answer at the door. Mailbox indicates that Brian W. Huttenburg lives at the residence.

Trisha M. Dobbs, f/w, _ 8 9 , _ _ Dobbs informed us that she woke up to go to the bathroom and saw theTgi1rs of a~ on scene. Dobbs informed us that she did not see or riii!!0 hear anything related to the shooting or the events that occ.rredr i othe shootin . Dobbs 85, was home informed us that her boyfriend, Oneximo A. Gonzalez, m/h, sleeping during the incident. Dobbs advised that Gonzalez e t e house or work before she (Dobbs) woke up. Dobbs told us that she has not spoken to Gonzalez about the shooting and that she believed that because he sleeps through "everything", he probably did not hear anything either.

01/09/2013

172 177

No answer at the door. Mailbox indicates that a person with the last name of Daniels lives at the residence.

No answer at the door. Mailbox indicates that Bhim Nimgade lives at the residence . . . Spaight Street. No answer at the door. Mailbox indicates that W. Kyngesburye lives at the residence.

~Spaight Street (one building)
No answer at the doors. Mailboxes indicate that Ludenking lives in • Levesque & Knier live in • Freitag lives i n . Dreifurst lives in .and Poler lives i n . No specific mailbox for an apartment. thus it is uncertain whether that apartment exists. _Spaight Street Dana M. Hoffman, f/w,_68, Hoffman informed us that she was awake due to insomnia when she hearcrmree gun informed us that her husband and her daughter slept through the sound of the gun shots and that she did not wake them up. Hoffman told us that she did not see or hear anything related to the shooting or the events that occurred prior to the shooting . . . . .paight Street No answer at the door. No information about residents.

No answer at the door. Mailbox indicates that Kathryn Zvara Sweet lives at the residence . . . outh Baldwin Miriam M. Jungwirth, f/w, _ 7 1 ( 6 0 8 _ Jungwirth advised that she, her husband Russell J. Jungwirth (m/w, _rrT'}'WOke up at 4:30 a.m. to their alarm clock. Miriam Jungwirth advised that neither she nor her~and saw or heard anything related to the shooting or the events that occurred prior to the shooting. Russell Jungwirth was not at home when Miriam Jungwirth was contacted by us. "South Baldwin. No answer at the door. Mailbox indicates that Elizabeth A. Falendysz lives at the residence.

~
No answer at the door. Mailbox indicates that Heidi, Bob and Lily Hensley live at the residence.

~
01109/2013

173 178

John M. Kowske, mlw, _81, ( 6 0 8 ) _ Kowske advised that he was sleeping and did not see or hear anything related to the shoOiiri'9Or"m"e events that occurred prior to the shooting. Meyers advised that he spent the night at his John P. Meyers, mlw, -"81 girlfriend's residence a~d until approximately 10:00 a.m. on Friday, 11/09/12, thus he did not see or hear anything related to the shooting or the events that occurred prior to the shooting. Meyers and Kowske informed us that they have a third roommate who was not home at the time of our contact. Meyers and Kowske told us that the roommate, Kale Teh (608) _ did not see or hear anything related to the shooting or the events that occurred prior to the ~Meyers and Kowske advised that Teh told them about the shooting after he saw the scene while taking an early morning walk with his dog, Donkey.

South Baldwin Street • • •

No answer at any of the apartment doors. No info on residents .

;outh Baldwin Street

No answer at the door. Mailbox indicates that Ambuel and Brown live at residence.

"South Baldwin Street
No answer at the door. Mailbox indicates that Joshua Hagenow and Jamie A. Lelle live at residence. Per resident at 611 South Baldwin Street, Hagenow and Lelle are out of the state and were not home during the shooting.

"'§outh Baldwin Street
Sarah Kinser, flw, _/77. Kinser advised that she is a server at the Weary Traveler and that she worked from 5 p.m. until 11 :45 p.m. on Thursday night. Kinser informed us that she was home by midnight and in bed by 1:00 a.m. Kinser advised that while at the Weary Traveler, she did not observe any disturbance or anyone being disorderly. Kinser told us that she did not see or hear Kinser advised that anything related to the shooting or the events that prior to Fell was not home during she lives with her boyfriend, Adam N. Fell (mlw, our contact with Kinser.

_outh Baldwin Street
No answer at the door. No information about residents .

. . ;outh Baldwin Street.
No answer at the door. Mail indicates that Aaron Collins, Kathryn Collins and Netalee Shein man live at the residence . . . . outh Baldwin Street. .. Debra J. Lamers, f/w,_54, (608~ Lamers informed us that at approximately 2:45 a.m., she woke up when she heard two gun~mers told us that after the shots were fired, her

01/09/2013

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golden retriever, Bodie, jumped on the bed. Lamers told us that after hearing the gun shots, she watched the "commotion" that was occurring down the street from her residence. Lamers told us that she did not see or hear anything related to the shooting or the events that occurred prior to the shooting.

_

Rutledge Street

No answer at the door. No information about residents.

_Rutledge Street
No answer at the door. No information about residents.

til

After completing our cavass, Lt. Tim Str~an asked Detective Bauman and me to see if we could attempt to make contact with anyone at . . South Baldwin Street .and.south Baldwin Street

"South Baldwin Street.
No answer at the door. No information about residents.

"'South Baldwin Street.
No answer at the door. No information about the residents.

NFA.

Supervisory Officer:

1.0.: _ __

Reporting Officer: DET JENNIFER J MUNDT

1.0.: 3690

01/09/2013

175 180

Report 53

MADISON POLICE DEPARTMENT Report Completed: Occurred Incident: Dispatched as:
11/9/2012

10 - Residential Burglary 10- Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer-Involved Shooting Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch Date/Time: 11/09/201202:47 Reporting Officer: DET DOROTHY A RIETZLER 2526 Special Routing: WITNESS KRISTOFER M NONN MNIJ DOB: _1979 (33 yrs) _ S BALDWIN ST MADISON WI C: EMPLOYER: ARCHITECTS FIRM

From DatelTime: Thru DatelTime: Report sent:

"KEY

W: (608)

MENTIONED HELEN L.M. NONN DOB: _1982 (30 yrs) NARRATIVE: On 11/09/2012 at approximately 7:25 AM, I interviewed Kristofer Nonn in reference to this investigation. I identified Nonn verbally and he allowed me access into his home to speak with him. He stated that he went to bed the night before at approximately 10:30 PM. He stated their bedroom is in the front corner of the house adjacent to the sidewalk. He stated that both he and his wife, Helen Nonn, were awakened from a large bang. Helen told Kristofer that the noise sounded like gunshots and told her husband to go look. He stated that it startled him also because they have had stuff stolen from their property and this was in the back of his mind, too, as to whether somebody was outside trying to enter their garage or steal something. He stated he looked out the front window and saw a body on the ground in front of his neighbor Kevin O'Malley's house and he saw Kevin O'Malley standing on his front porch. Nonn stated O'Malley's porch light was on when he looked out the window. He stated he saw a marked police squad parked the wrong way on S Baldwin St at the corner of S Baldwin St and Spaight St by the stop sign but he did not see a police officer. He stated he did not hear voices or sirens after he looked out. At 2:55 AM, Nonn sent a text to Kevin O'Malley's phone, "what's up is everyone okay", and he did not receive a text back. He stated he sent a text to Ian and Kristina Anderson to see if they were okay at telephone 3: 11 AM. He read the text to me, "WTF- know what's going on?" They sent back there apparently was a house invasion at Kevin's house. They also made reference to a shooting and that Kevin was going to need their support. He said he did not hear back from Kevin until Kevin sent him a text at 5:09 AM. I asked him when he looked out the window and saw the body on the ground if he had seen anybody move the body and he stated the body had not been moved. Nonn did not believe that his wife Helen could provide any further information in reference to this incident. No further information. End of Report/ace Supervisory Officer: Reporting Officer: DET DOROTHY A RIETZLER
01/09/2013

I.D.: _ __

I.D.: 2526

176 181

Report 54

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
11/9/2012

10 - Residential Burglary 10- Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer-Involved Shooting Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch Date/Time: 11/09/201202:47 Reporting Officer: DET DOROTHY A RIETZLER 2526 Special Routing:

From Date/Time: Thru DatelTime: Report sent:

TARA K CAMFIELD FlU DOB: _1978 (34 yrs) ~ENIF'E'R'ST MADISON WI 53704 C: EMPLOYER: ~ 8:00-4:00PM

CONTACT

W:

NARRATIVE: Dispatch contacted the command post in this incident stating a woman identified as Tara Camfield had contacted them, stating she heard a male voice just prior to hearing sirens. Lieutenant Linda Kosovac requested that I contact her in reference to this investigation. On 11/09/2012 at approximately 9:35 AM, I spoke with Camfield over the telephone. Camfield advised that she went to bed the night before at approximately 8:00 PM and woke up at 2:00 AM because she could not sleep. She stated she was playing with her cat, and around 2:30, (Camfield is not exactly sure of the time), she heard a man outside on the sidewalk. She stated her bedroom is in the front of the house upstairs. She stated this individual sounded "super duper upset". She believed at that time something had happened because he had sounded so upset. Camfield stated it sounded as if he was out of breath and thought maybe he was even running from the police because then she heard multiple sirens within a minute after hearing this noise. She stated the sirens did not last long and then they were turned off. She believed the sirens were coming from the East Washington area. I asked her if she heard anything specific when this male voice yelled, and she stated she did not. She described the yell as one sentence and described it as a loud "involuntary utterance". She does not believe if this person was walking on Baldwin St that she would have heard this individual. Camfield stated she did not look out the window because she was scared. She stated she did not hear or see anything else and just wanted to provide that information. No further information. End of Report/ace
Supervisory Officer:
1.0.: _ __

Reporting Officer: DET DOROTHY A RIETZLER

1.0.: 2526

0110912013

177 182

Report 55

MADISON POLICE DEPARTMENT Report Completed: 11/9/2012 Occurred Incident: 10- Residential Burglary Dispatched as: 10- Residential Burglary Officer-Involved Shooting Case Offense: Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch DatelTime: 11/09/201202:47 Reporting Officer: DET DOROTHY A RIETZLER 2526 Special Routing: Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

From DatelTime: Thru DatelTime: Report sent:

WITNESS

MELISSA A HAYNES FfW DOB: "'19~(38 yrs) . . , BALDVi7l'FTST..,ADISON WI C: EMPLOYER: ~RUCTOR FOR UNIVERSITY OF WI

'-'Lf'I<:><:> ,

DEPT

NARRATIVE: On 11/09/2012 at approximately 6:43 AM. I made contact with Melissa Haynes in her apartment at . .SS. Baldwin SI. apartment. I identified Haynes verbally and she stated she lives alone in the Tartmenl. She stated she moved into this top floor flat on 8/01/2012. She stated she was sleeping in the rear of the apartment on the north side of the house. Haynes advised that she woke up quickly when she heard gunshots. She stated she knew right away the sounds were gunshots because she used to live in SI. Louis and has heard them before. She stated she only heard two shots. Haynes stated she did not hear anything prior to the shots and then she heard sirens. Haynes advised that she could not provide any other information as she did not look outside. NFl/ace

Supervisory Officer: Reporting Officer: DET DOROTHY A RIETZLER

1.0.: _ ___ __ 1.0.: 2526

01/09/2013

178 183

Report 56

MADISON POLICE DEPARTMENT Report Completed: Occurred Incident: Dispatched as: 11/9/2012 10- Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer-Involved Shooting Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201202:47 Reporting Officer: DET DOROTHY A RIETZLER 2526 Special Routing:

From Date/Time: Thru DatelTime: Report sent:

WITNESS

DAVID W ENGSTROM MNV DOB: _1987 (25 yrs) Height: 5'11" Weight: 165 HairColor: B~yeColor: BRO BALDWIN ST.MADISON WI C: EMPLOYER: ~DGEAR CORP ~:00-4:30, M-F

.S

WITNESS

KATY E SMITH FNV DOB: _1986 (26 yrs) Height: 5'06" Weight: 140 HairColor: rro-'EyeColor: BRO ~ BALDWIN ST.MADISON WI EMPLOYER: UwVET DIAGNOSnc LAB - 8:00 - 4:00,

NARRATIVE: On 11/09/2012, I was working as a Central detective with the City of Madison Police Department. I was directed by Lt. Linda Kosovac to make contact with the command post at the scene of this officerinvolved shooting at 513 S Baldwin St in reference to assignments. I made contact with Lt. Tim Strassman, who requested that I speak with the occupants of.S Baldwin St. I arrived at the command post at approximately 5:35 AM. On 11/09/2012 at approximately 6:43 AM, I made contact with David Engstrom and Katy Smith in their home a t . S Baldwin St in apartment. Apartment Hlis the lower flat of this two flat house. They stated th~ad lived at this address for llie last approximately year and a half. Both individuals were ID'd verbally. I spoke with them in the living room of the house, which was directly adjacent to the sidewalk in front of their house. Engstrom stated he fell asleep early on the couch. He stated he woke up to a loud bang, which actually sounded like trash being dumped into the waste management truck out in front of the house. He stated he looked outside and saw squad cars. He stated the blinds to the living room were closed when he woke up. He stated that he did not hear anyone talking, yelling or sirens. Katy Smith stated the only sound she heard were sirens. She stated she was in the bedroom near the rear of the house. I noted there were string lights on the porch that were on when I came into the residence. Smith and Engstrom agreed the string lights were left on overnight. The string lights drape the front of the porch. I noted there is only one streetlight at each end of this block on S Baldwin St. NFl/ace Supervisory Officer: Reporting Officer: _ _ _ _ _ _ _ _ _ _ _ I.D.: _ __ I.D.: 2526
01/0912013

179

184

DE: T DOROTHY A RIETZLER

01109/2013

180 185

Report 57

MADISON POLICE DEPARTMENT Report Completed: 11/9/2012 Occurred Incident: Dispatched as: 10 - Residential Burglary 10 - Residential Burglary Case No: Ref. No: Sec/Area: Grid: 2012-320242 Supplement 410 CENTRAL MARQUETTE

Case Offense: Officer Involved Shooting Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/2012 06:02 Reporting Officer: DET JULIE L JOHNSON 2867 Special Routing:

From Date/Time: Thru DatelTime: Report sent:

ROBERT D KENNEDY JR DOB: _1951 (61 yrs) BALDiiiiiN'ST MADISON WI H: EMPLOYER: UW - TRANSPORTATION PLANNER

WITNESS

_S
!:!J!:Ii

'CONTACTED

WITNESS

MARLINE E PEARSON FIW DOB:_1950 (62 yrs) . S . BAL~ ST MADISON WI H: EMPLOYER: 'lViATC-CRIMINOLOGY INSTRUCTOR

'CONTACTED

WITNESS

EMORY K PEARSON FIW DOB: _1988 (24 yrs) . S . BAL~ ST MADISON WI C: EMPLOYER: GREAT DANE-DOWNTOWN

'CONTACTED

OFFICER NARRATIVE On 11/09/12 I was on scene at 513 S. Baldwin and was instructed by Lt. Strassman to speak with the occupants at 511 S. Baldwin. On 11/09/12 at approximately 6:30 am I made contact with Kennedy at his home S. Baldwin. S. Baldwin is a single family residence. I identified myself to Kennedy and asked him if he had ~n interviewed by the Police yet. Kennedy stated he had not, and told me he lives here with his wife Marline and his adult daughter Emory. I asked if I could speak to them separately, and Marline and Emory left the room. Kennedy told me he and his wife have lived her for many years, and know most of the neighbors quite well. Kennedy told me that this morning he and his wife were upstairs sleeping, and that their bedroom windows face Baldwin Street. Kennedy told me that Kennedy told me that he woke up because he heard someone yelling right outside his home and then he heard what he thought were three "shots" close together. He said, "They seemed like gunshots." Kennedy told me that he looked at his watch and noted that it was approximately 2:53 a.m. Kennedy told me that he was not wearing his glasses, but got up to look out the window. Kennedy said that he saw a police car. He said he put on a pair of pants and went downstairs and looked out the front door, and saw some police officers right outside his house. He said he could see a man lying on the ground, and saw that there were some EMTS's working on that person. He said he could not see the person's face, and did not recognize the person on the ground. He told me his fear was that something had happened to one of

_

at.

01109/2013

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their neighbors. He said he put on his glasses and went up stairs and woke up his wife and told her something had just happened. Kennedy told me he went back downstairs and checked on Emory, because sometimes she came home late, and he just wanted to make sure she was home safe. He said she was awake and that later when they talked about this, Emory told him she had heard the gun shots, but did not get up. I asked Kennedy how many voices he heard yelling and if they were male or female, and he said it sounded like more than one male voice. He said it was loud enough that it woke him up, but he could not make out the words. Kennedy said the voices sounded, "Male and angry." He said he is not sure how long the yelling went on before he woke up, but he said that after he woke up the to the sounds of the men yelling, "It was only a few seconds later. .. I heard the gunshots." When I first came into the residence he and Emory were watching the news. I asked him if they had said anything on the news about it and he said they said it was a break in, and he asked if his neighbors were ok. I assured him they were and asked him how well they know the O'Malley's. He said they know them pretty well, and know they have 4 small children. He told me they are a very nice family and great neighbors. I asked him if he knew the people that lived in 509 Baldwin and he said not really, as they had just moved in very recently. Kennedy asked me if they were safe and I said that they were. He said they used to have a neighborhood watch many years ago, but the neighborhood was so safe now, that it just wasn't something they kept up. He said he would like to get it started up again, as they have recently had a few cars broken into and things like that. I told him a neighborhood watch was never a bad idea. CONTACT WITH EMORY I then spoke to Emory who told me that she was asleep in her bedroom, which she told me is towards the back of the house. Emory told me she thought she was dreaming because she heard what she thoug ht were three distinct shots, and said, "Like gunshots ... but also like firecrackers." She said she then heard sirens. Emory told me she did not get up but she heard her parents get up and she looked at her clock which read 3:00 am. Emory told me her parents came into her room to see if she was home and safe, and she said that is when she got up. Emory told me she looked out the front door, and saw a covered body on the ground. Emory said she had no idea who it was or what had happened. She said she did not know the new neighbors at 509. CONTACT WITH MARLINE I spoke to Marline who told me she was sound asleep when her husband woke her up this morning, and she had no idea what time it was. She said he said, 'You need to get up ... something terrible has happened next door." She said he told her, "Alii know is there is a body out there and the policed are telling us we are safe." Marline told me a neighbor Kris Nonn sent her a text message telling her that someone had tried to break into their neighbor's home. She said she called him back and he told her that he had heard on the news that it was a break-in, but that was all he knew. Marline told me she did look out the door and saw the body, but did not recognize the person. Marline asked if Kevin and Megan O'Malley were ok and I assured her they were. I asked Marline how well she knows the people at 509 Baldwin and she said they just met them a week or so ago when they moved in. She said she isn't even sure of their names, just that they had moved in a week or so ago, and they seemed like nice people.

0110912013

182

187

I then spoke to all three of them together and gave them my card, and told them we had crime response personnel available to talk to them about this incident, and I would give them their names. Marline wanted to know if she could go over to O'Malley's to make sure they were ok, and I told her she would have to wait as they were with some detectives, but that later on that would be fine. I asked them if there was anything else they could think of and they all replied negatively. I told them that if and when they needed to leave for work or leave for any reason, they should just step outside and let an officer know so we could get their vehicle outside of the crime scene tape. I gave them my card and thanked them for their cooperation and lef!.

NFAljlt Supervisory Officer: Reporting Officer:
DET JULIE L JOHNSON I.D.: _ __ _ __

I.D.: 2867

01/09/2013

183 188

Report 58

MADISON POLICE DEPARTMENT Report Completed: 11/9/2012 Occurred Incident: Dispatched as: 10- Residential Burglary 10- Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: OET JULIE L JOHNSON 2867 Special Routing:

From Date/Time: Thru Date/Time: Report sent:

WITNESS

ANDREW J SERNATINGER MNV DOB:_1987 (25 yrs) .WILLI~N ST MADISON WI C:

NARRATIVE While on scene at 513 South Baldwin Street, I was notified by an officer that there was a person wanting to make a statement reference the shooting this morning. I went to the perimeter at Jennifer Street and made contact with Sernatinger at approximately 12: 15 pm. Sernatinger He stated that he got up this morning at approximately 2:50am and was walking his dog in the 1100 block of Williamson Street. He said he heard "pop, pop, pop," and then said he heard a car coming down Williamson Street from the direction of the Capital going eastbound down Williamson Street. He stated the car was going very fast and it drove by his location, "very quickly." Sernatinger described the car a boxy-looking car, approximately 15 years old, "like a Jeep, but not a Jeep." He said it was a four-door, and that it was gray or green in color. He stated that this car was "not being pursued by the police" but approximately three to four minutes later, he saw the squad cars go by and heard sirens. He stated that he was just concerned in case this car had been involved in the shooting. He said after he heard about the shooting on the news, he thought he should come forward. He said he could not see inside the vehicle so he could not describe the driver and did not know if there were any passengers. He said he did not look at the license plate. He said he had no other information. He said he after he heard about the shooting on the news, he thought he should come forward. I thanked him for the information, and he left. NFI/jas Supervisory Officer: Reporting Officer: OET JULIE L JOHNSON 1.0.: _ ___ __

1.0.: 2867

01/09/2013

184 189

Report 59

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:

11/9/2012
10 - Residential Burglary 10 - Residential Burglary

Case No: Ref. No: Grid:

2012-320242 Supplement

Sec/Area: 410 CENTRAL

MARQUETTE

Case Offense: OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET JULIE L JOHNSON 2867 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

WITNESS

JONATHAN M TIGERT MNV DOB: _ 9 8 9 (23 yrs) "WOO~NTAIN BL NASHVILLE TN C:

OFFICER NARRATIVE On 11/9/12 I was on scene at Baldwin Street and asked by LT. Strassman to contact the occupants at • Spaight Street. .paight Street is a .partment building. At approximately 8:40 am I did not get an answer at apartment and noted the names on the mailbox were; Amy Woulfe, Ebru Selin Selen, Tyler R. and Char'l!eWoulfe. The names on the mail box for apartment evere; Lian Tarhay, and Matthew Mella, and I did make contact with Tigert. Tigert told me he is from Tennessee and is just visiting Tarhay. I asked him if he knew if officers had spoken to anyone at the residence earlier this morning, and he said they were. He said he knew Tarhay spoke to them. Tigert told me he was sleeping when Tarhay woke him up and told him the police were there, and were asking if he heard or saw anything. He said he did not hear or see anything, and had no idea what was going on. He said after she woke him up he went back to sleep. He said he still did not know anything or anyone who lived in the neighborhood. I thanked him for his cooperation and left. NFl/jas
Supervisory Officer: I.D.: _ __

Reporting Officer: DET JULIE L JOHNSON

I.D.: 2867

01/09/2013

185 190

Report 60

MADISON POLICE DEPARTMENT Report Completed: 11/9/2012 Occurred Incident: Dispatched as: 10- Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer Involved Shooting Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201202:47 Reporting Officer: SGT JASON M SWEENEY 2795 Special Routing:

From Date/Time: Thru Date/Time: Report sent:

OFFICER NARRATIVE As part of my duties as the training sergeant for the City of Madison Police Department, it is my responsibility that any time an officer is involved in a shooting that I retrieve the matching weapon out of my inventory and replace the officers weapon that will be taken into evidence. At approximately 3:50 a.m., I did receive a call from the Officer in Charge, Sergeant David Compton. Sergeant Compton informed me that Officer Steve Heimsness had been involved in a shooting and would need to have his gun replaced. At that time, I did respond to the training center, at which point I did remove a Glock 17 matching Officer Heimsness's weapon. The serial number on this Glock 17 was GYT967. At that time, I did have three empty Glock 17 magazines. I did fill all three of these magazines with duty ammunition, 17 rounds each. In addition, I also supplied the extra round, which would be chambered. In total, I did respond to the City-County Building with three full magazines and one extra round for the chamber, totaling 52 rounds. I did transport this said weapon to the City-County Building, at which point I met up with Officer Heimsness and Investigator Marie Burgette Bach. I did turn the above weapon and all associated magazines over to Investigator Marie Burgette Bach. Investigator Marie Burgette Bach indicated that she would ultimately turn this weapon over to Officer Heimsness. NFAljlt Supervisory Officer: Reporting Officer: SGT JASON M SWEENEY
1.0.: _ __

1.0.: 2795

01/09/2013

186 191

Report 61

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as: 11/9/2012 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer-Involved Shooting Addr of Occurrence: 513 S Baldwin St 11/09/201202:46 Call DatelTime: Dispatch DatelTime: 11109/201202:52 Reporting Officer: PO RICHARD D BRUESS 4466 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

NARRATIVE: On 11/9/12. I was working 5C1, and at approximately 5:40 AM, I was requested by dispatch to respond to the Central Police District. Dispatch advised that I was to go directly to the command post that had been set up for the officer-involved shooting that occurred earlier in the night. When I arrived at the command post, I checked in with Captain Gloede, who advised me that I would be assisting the command post with administrative tasks until I was relieved later in the morning. I stayed at the command post until approximately 8:21 AM, when I was relieved by PO Chris Masterson. NFNace
Supervisory Officer:
I.D.: _ ___ __

Reporting Officer: PO RICHARD D BRUESS

1.0.: 4466

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MADISON POLICE DEPARTMENT Report Completed: 11/9/2012 Occurred Incident: Dispatched as: 10- Residential Burglary 10- Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer Involved Shooting Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11109/201202:46 Dispatch DatelTime: 11109/2012 06:02 Reporting Officer: DET ERIC A VOSBURG 3246 Special Routing:

From Date/Time: Thru Date/Time: Report sent:

CONTACT

HOW 10'0: STATUS:

PAUL H HEENAN MNV DOB:_/1982 (30 yrs) Height: 5'11" Weight: 140 509 S BALd':IVm"'STREET #2 MADISON WI BY MEDICAL EXAMINERS OFFICE DECEASED

Attachments: WSCL Receipt of Physical Evidence Autopsy Worksheet For Toxicology Analysis Letter to Medical Examiner's Office PROPERTY INFO' Status Tag # Lkr# Code WSCL E 291360 291358 WSCL E WSCL E 291359 E 291361 WSCL 291362 WSCL E WSCL 291363 E 291364 WSCL E

Description Gastric Contents Bile Sample Urine Sample Tissue sample - brain Tissue sample - liver Four tubes of blood DNA card

Brand

Model

Serial No.

Est Value

Rec Value

AUTOPSY: On the morning of Friday November 9th , I was assigned by Lt. Kosovac to attend the scheduled autopsy of Paul H. Heenan. I arrived at the Medical Examiner's Office around 8:30 am. The following persons also were in attendance from the Madison Police Department: InVestigator Marie BurgetteBach and InVestigator Brian Shaul. Those in attendance from the Medical Examiner's Office included: Dr. Tranchida, Robbie Lowry, Mike Schlict and Dr. Tranchida's assistant Bob LNU. I was present for the entire autopsy that lasted approximately five hours. Please see InVestigator Burgette-Bach's report for a complete timeline, a list of additional evidentiary items collected and the completed MPD autopsy checklist. Prior to the start of the autopsy, I was advised by Dr. Tranchida that Paul Heehan had been identified on scene by use of a Wisconsin Photo 10. At completion of the autopsy, Dr. Tranchida advised that Paul Heenan had several gunshot wounds to his torso with injuries to multiple organs. See Dr. Tranchida's report for complete details and findings. I did complete and faxed a form letter to the Dane County Medical Examiner's Office requesting a copy of the autopsy report when it is completed.
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ITEMS CONVEYED TO THE WSCL: Upon completion of the autopsy, I took possession of the above listed items that were collected by Dr. Tranchida. I then conveyed the items to the central police district property room and packaged the items with use of evidence tape. Del. Baio assisted me in doing this. Prior to taking the items directly to the WSCL, I did speak with Evidence Specialist Roland Torres from the WSCL. We packaged the items as prescribed by Torres before arriving at WSCL.
Once at the crime lab, I turned over the above listed evidence to evidence specialist Hailey Bradford at 3:38pm. NFAleav

Supervisory Officer: Reporting Officer:

1.0.: _ __

!.D.: 3246

DET ERIC A VOSBURG

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MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
11/9/2012

10- Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch Date/Time: 11/09/201202:47 Reporting Officer: DET KRISTINE ACKER 2781 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

On 11/9/12 at about 11:50 am, Del. Mark Hull and I responded to the Dane County Medical Examiner's Officer morgue to take custody of any credit cards, receipts, paperwork the deceased, Paul Keenan, may have had on him at the time of this incident. It was necessary to do this at this time to pursue additional investigative options. Del. Hull and I met with Investigators Marie Burgette Bach and Brian Shaul. At approximately 12:00 pm, Inv. Shaul handed over to me two bags, one of which appeared to contain receipts, and the other of which appeared to contain credit cards and/or other membershiplidentification cards. I did not look extensively through either package. I brought these packages over to the City County Building, where I turned them over to Del. Bob Weyh, for further inspection and property tagging. NFA

Supervisory Officer:

1.0.: _ __

Reporting Officer: DET KRISTINE ACKER

1.0.: 2781

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MADISON POLICE DEPARTMENT Report Completed: Occurred Incident: Dispatched as: 11/9/2012 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch Date/Time: 11/09/201206:02 Reporting Officer: PO BRIAN G SHAUL 3916 Special Routing: SELF

From DatelTime: Thru Date/Time: Report sent:

SUSPECT

PAUL H HEENAN MNV OOB: _1982 (30 yrs)

OFFICER NARRATIVE On 11/9/12 at approximately 7:04am I received phone contact from Captain Bach requesting I respond in to work early to assist with an officer-involved shooting investigation. I did respond to the Forensic Services Unit, where I met with Investigator Marie Burgette Bach and was informed I would be assisting her as she attended the autopsy of a party who was deceased. This party was identified to me as Paul H. Heenan. I accompanied Investigator Burgette Bach to the Dane County morgue, where the autopsy commenced at approximately 8:30am. Throughout the course of the autopsy, I assisted Investigator Burgette Bach in collecting evidence and packaging it for her. Several items of evidence were turned over to Investigator Burgette Bach. I did continue to assist Investigator Burgette Bach until the conclusion of the autopsy and returned to the Forensic Services Unit at approximately 2:45pm. For further information, see Investigator Burgette Bach's report. Investigation continues. NFl/jas Supervisory Officer: Reporting Officer: PO BRIAN G SHAUL I.D.: _ __ I.D.: 3916

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MADISON POLICE DEPARTMENT Report Completed: Occurred Incident: Dispatched as:
11/10/2012

10- Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Addr of Occurrence: 513 S Baldwin St 11109/201202:46 Call DatelTime: Dispatch DatelTime: 11/09/201206:02 Reporting Officer: PO BRIAN G SHAUL 3916 Special Routing:

From DatelTime: Thru Date/Time: Report sent:

SUSPECT

Paul H Heenan MNV DOB:_1982 (30 yrs)

PROPERTY INFO' Status Tag # Lkr# Description Code Keys E 291427 CPD9 Kevs recovered from suspect 291429 CPD9 Green pill bottle containinQ 5 pills containing E Narrative:

Time 8:59am 5:40pm

On 11/9/12 at approximately 8:00am I was acting in my official capacity as an Investigator for the City of Madison Police Department Forensic Services Unit. I was requested to assist Investigator Burgette-Bach in attending the autopsy of suspect Paul H Heenan. During that autopsy, I assisted Investigator Burgette-Bach in collecting evidence. See Investigator Burgette-Bach's report for further information. During the autopsy, at approximately 8:59am, I was requested to collect a carabiner containing numerous keys that was recovered from the suspect's clothing. The carabiner and keys were photographed by Investigator Burgette-Bach prior to collection. It appeared the keys were comprised of several possible vehicle keys and numerous miscellaneous keys. I maintained custody of these keys until they were later provided to Detective Baio at approximately 5:25pm on 11/9/12. At approximately 5:25pm on 11/9/12 I met with Detectives Baio and Luedtke at the Madison Police Detective Baio advised he would be completing a Department vehicle impound facility on _ search of a green Chevy Van, WI PC 7~hich he had earlier secured inside the facility. Detective Baio advised he believed the key to the van was on the carabiner that I had taken custody of during the autopsy of Heenan. I took overall photographs of the vehicle prior to detectives entering it. I provided the carabiner and keys to Detective Baio and he was able to determine that one of the keys opened the van. I took overall photos inside the van once the van was opened prior to it being searched by Detectives Baio and Luedtke. Detectives Baio and Luedtke then searched the interior of the van. Detective Baio drew my attention to a green pill bottle that was situated in a lower front center console compartment of the vehicle. I took a photo of this pill bottle inside the compartment. I then retrieved the pill bottle and observed that it appeared that the prescription information had been torn off. There was handwriting on what remained of the adhesive-affixed label. This writing read, "For P from Dr. V."

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I opened the pill bottle and observed 5 circular pills with "M" imprinted on one side and "751" imprinted on the other. I later used the drugs.com pill identifying service to determine that these pills were Cyclobenzaprine Hydrochloride, 10mg. These pills also photographed inside the bottle. Detective Baio requested I retain custody of the pill bottle and tag it. At approximately 5:40pm on 11/9/12 I placed the pill bottle in a paper bag and secured it inside my squad car. Detectives Baio and Luedtke completed their search of the vehicle and advised that there were no additional items of evidentiary value inside. Detective Baio re-secured the vehicle. Detective Baio advised the vehicle key would remain at _ I took the carabiner and remaining keys back from Detective Baio. I then returned to the Forensic Services Unit and placed the keys and pill bottle in my secure evidence locker. Upon returning to work on 11/10/12, I retrieved these items from my secure evidence locker and property tagged them, placing them in secure locker 9 in the MPD Central Property Room. NFA.

Supervisory Officer:

I.D.: _ __

Reporting Officer: PO BRIAN G SHAUL

!.D.: 3916

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MADISON POLICE DEPARTMENT Report Completed: 11112/2012 Occurred Incident: Dispatched as: 10- Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St 11/09/201202:46 Call DatelTime: Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET JUSTINE V HARRIS 3790 Special Routing:

From Date/Time: Thru DatelTime: Report sent:

SUSPECT

PAUL H HEENAN MNV DOB:~1982 (30 yrs) 509 S BALD"Wiiii#2 MADISON WI

KURT C KARBUSICKY MNV 115 W DOTY ST RM 2144 MADISON WI W: (608) 266-6008 EMPLOYER: DANE COUNTY MEDICAL EXAMINERS OFFICE

CONTACT

NARRATIVE: On 11/9/12, as part of my ongoing investigation of the officer involved shooting which had occurred at 513 S. Baldwin, I was asked to make contact with Kurt Karbusicky, Medical Examiner Investigator. My purpose for contacting Karbusicky was to coordinate notification of the family with an initial investigation regarding the deceased suspect, Paul Heenan. I spoke with Karbusicky by phone while he was en route to Heenan's parents' home. Heenan's parents had been identified as John and Doris Heenan. Karbusicky stated that he felt it would be potentially problematic to have me accompany him to the initial notification. Karbusicky explained that given the manner of Heenan's death, that having law enforcement present might make a difficult situation more volatile. Karbusicky agreed to contact me once notification had been made and provide me with the contact information and details of the initial interview of the parents. Karbusicky was unable to locate John and Doris Heenan at their home in Oregon, WI He did later locate and notify them at each of their places of work. Karbusicky relayed to me that the Heenans would prefer that law enforcement not visit them on this day, but that they would be willing to take phone calls from us. Karbusicky also told me that he did locate a vehicle belong to Paul Heenan at the family home. Karbusicky stated this vehicle, a Subaru, had NY plates. Karbusicky stated that the Heenans had provided him with the following information regarding their son Paul: The Heenans stated that Paul had lived in New York City for approximately 7-8 years. While in NY, Paul had gotten involved in "all kinds of trouble". The Heenans explained this as Paul was using alcohol and drugs to the pOint of abuse. The Heenans stated that Paul was abusing alcohol and prescription drugs. Paul married a woman named Sarah Mae Saslaw. They are still legally married, but currently separated. They do not have any children.

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The Heenans explained that Paul decided to move back to Madison in an effort to get some order back in his life and address the AODA issues. Saslaw did accompany him, but was not in favor of the move. They arrived in Madison around July 4th, 2012. Saslaw was unhappy here and left 2 weeks later, moving out to Portland, OR. The Heenans stated that Paul had no significant medical history. They stated that Paul had never attempted suicide to their knowledge and had no mental health history, except for the AODA issues. They stated he is not a violent person. The Heenans stated that Paul has been working part-time at DNA Studios, a local music studio. John Heenan stated that the last time he spoke to his son was 11/8/12, by phone. He stated that Paul told him he was going to be taking the dogs to the dog park with his friend Amelia. Doris Heenan stated that she last contacted Paul through text message. Doris explained she and Paul were texting each other regarding the battery in the family's van which Paul had been driving. She stated that the battery had been having problems and Paul was attempting to fix it. Doris stated that the last text she received from Paul "didn't seem right". She stated that in his last text, Paul seemed overly excited about having fixed the battery. She explained that the text seemed out of character for Paul and contained a lot of exclamation points. Please see my report covering contact with John Heenan for additional information. Karbusicky stated that he still needed to contact Saslaw. Karbusicky and his supervisor, Barry Irmen, felt that an "in person" notification was the most appropriate form of notification. Karbusicky contacted Portland PD and asked them to make contact at the address which he had retrieved from the recent letter which Saslaw had sent to Paul Heenan. Karbusicky relayed to me that Portland PD had been unable to locate Saslaw at this address, but did believe it to be a valid address for her. He stated that they would continue to try contacting her throughout the day. I conveyed to Karbusicky how important it was for us to know when Saslaw was notified so that we could interview her regarding her recent contact with Heenan. I provided Karbusicky several contact numbers for me, including my personal cell phone, so that he could let me know as soon as notification had been made. At approximately 8:00 pm that evening, I received a phone call from Karbusicky stating that they were still unable to locate Saslaw. Karbusicky stated that they had even made attempts to contact her mother on the East coast, in order to ask for her assistance in locating Saslaw. At this pOint they had not been able to contact the mother either. Karbusicky stated that if "in-person' contact did not occur soon, they would suspend efforts and make attempts to call her in the morning. Karbusicky stated he was planning on attending the case briefing scheduled for 11/10/12 at 8:30 AM and would inform the lead detectives of the status of his efforts then. I thanked him for his efforts and for keeping us informed. End of report.

Supervisory Officer:

I.D.: _ __

Reporting Officer:

I.D.: 3790
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DET JUSTINE V HARRIS

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Report 67

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as: 11/9/2012 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

OFFICER INVOLVED SHOOTING Case Offense: Addr of Occurrence: 513 S Baldwin St 11/09/201202:46 Call Date/Time: Dispatch DatelTime: 11/09/2012 02:52 Reporting Officer: DET MARIANNE F STATZ 2404 Special Routing:

From Date/Time: Thru Date/Time: Report sent:

VICTIM

PAUL HEENAN MNV DOB: _ 9 8 2 (30 yrs)

CONTACT

.S

AMELIA E ROYKO MAURER FNV DOB:_1974 (38 yrs) Height: 5'03" Weight: 120 HairColor: ~yeColor: BRO BALDWIN ST APT.MADISON WI C : _

NARRATIVE: On 11/9/2012 I received a call requesting my assistance with an officer-involved shooting. Upon my arrival at the command post I was asked to respond to the scene. At approximately 5:25AM I arrived on scene and was briefed. There was a female standing on the porch of 509 S. Baldwin St that was believed to possibly be the wife of the deceased-although at that time there was not a positive identification of the deceased but he was believed to be Paul Heenan.
Detectives Julie Johnson, Diane Nachtigal and I responded to the front porch where a white female later identified as Amelia Royko Maurer was standing. I made contact with Amelia, identified ourselves, and asked her to step inside her residence. As we were walking to her second floor apartment she immediately began to ask questions about the identity of deceased person. I explained that at this point we did not have any information we could share and when we entered her apartment I saw a white male later identified as Amelia's husband Nathan Royko Maurer. Nathan stated that he already made a statement to the police, Amelia commented that her child was sleeping and she did not want her awakened-these statements caused some initial confusion as to whether we were at the correct address, however it quickly became evident that Amelia knew Paul Heenan as she asked if he was the deceased and she said that he was her roommate.

Amelia stated that she was worried about Paul because he did not come home. I asked her for Paul's full name and description. Amelia stated that his name was Paul Heenan and his birthday was _82. She described him as a white male with curly, bushy, brown hair, approximately 5'10" with a ' - t build. I asked if she could recall what he was wearing last night when she last saw him. She stated she did not recall specifically but believed he was wearing blue jeans and dark outer clothing. I asked if he had any tattoos or piercings. She stated no. I asked Amelia to provide me with some background information about Paul, such as how long she has known him and how they came to be roommates. Amelia stated that she has known Paul since he was 18 years old, that they became friends because they are both involved in the music industry. Amelia stated that she, her husband, Nathan and her daughter,.and Paul moved into

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. . South Baldwin St. Ion November 1 of this year because she and Nathan had been living in the country and wanted to ownsize and live in Madison and that Paul had been living with his parents in the town of Oregon WI and it seemed like a good idea to share expenses. Amelia stated that Paul had been living in Brooklyn NY with his wife, Mae Saslow but they were divorcing so he moved back to the Madison area. Amelia stated that she and Paul spent a great deal of time walking their dogs at the dog park and during their conversations she was "vetting him" as a possible roommate. She stated that Paul told her that the reason for the divorce was that Mae had "cheated" on him. She stated that Paul told her that he and Mae decided to move to Portland Oregon and on the way they stopped over to spend some time in Madison. Amelia stated that Mae again cheated on Paul while they were in Madison with Brian Daley, one of the owner's of DNA Studios, which was where Paul was currently working. Amelia stated that Paul told Mae to go on to Portland and that he would be staying in the Madison area.

~a stated did not know Paul's parents names but was able to provide their phone number, • _ Amelia stated that Paul told her that he was having a difficult time with the divorce and that he asked her if she thought he may be an alcoholic because he was drinking a lot. Amelia stated that she asked him if he needed to drink in the morning and if he felt he needed to drink to get through the day, she stated that he told her that was not the case and she told him that he should not make too much of it as it seemed that his drinking was situational in relation to his marital problems. I specifically asked if Paul had been in recovery for alcohol or other drugs. She stated no and that she had no reason to believe he was an alcoholic. She stated that when they began planning to move in together she told Paul that she had ground rules for anyone who lives in her home given the fact that she has a young daughter. Amelia stated that she has no problem with Nathan and Paul having a few beers but does not allow excessive alcohol consumption. Amelia stated that she did not allow Paul to smoke cigarettes in the apartment. She stated that Paul was abiding by her rules. I asked if her ground rules were specifically in place because she had concerns about Paul. She stated no, the ground rules were in place because she does not want her daughter exposed to negative influences.
Amelia stated that as far as she knew Paul had gotten his drinking under control on his own. She stated that at his request she got him in touch with a therapist and he wanted to accompany her in her meditation practices and recently asked when they could begin. Amelia stated that Paul was a very gentle person and an "optimist." She stated that she checked in with him frequently to see how he was handling the divorce and he told her he was doing great. Amelia stated that Paul said his dad told him to "stop being a little girl and get over it" in regards to his divorce. She stated that Paul's dad is of a different generation. I asked when Paul's dad made that statement. Amelia stated that she believed he said it around the time that they moved into the apartment. Amelia stated that Paul seemed to be looking forward to his future, that they were writing songs together, and their goal was to have a "set" which is 10 songs prepared by November 15 so Amelia could record them as is a musician. Amelia commented that when a musician leaves Madison it is to become successful and that the best way to return to Madison is to perform here rather than return to live as there are few opportunities for musicians to be successful here; she stated that the fact that there is only one recording studio-the DNA Studio on Winnebago validates her opinion. Amelia stated that Paul told her that when he was at the studio Brian went out of his way to be helpful assumedly because he felt guilty for sleeping with Paul's wife. She stated that Brian had planned to follow Mae to Portland; but she made it clear that it was simply a one-night stand so Brian stayed here. Amelia stated that one thing she found odd was that when Paul paid his rent-the check was from his mom. I asked how much Paul paid for rent-she stated that the total rent is $1050, which they divide three ways and add on an extra $25 because they have dogs. She estimated Paul's rent to be $370

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and he offered to pay more which she declined. She stated that around the 2 nd of November Paul told her that he would pay her the $175 for the security deposit and that he would have it on Sunday. I asked Amelia to tell me the events of the previous night. She stated that she, Nathan and GiGi met Paul at approximately 5:30 for dinner at La Ling Sing-she did not recall Paul having anything to drink with dinner, after dinner they stopped at the Weary Traveler for a beer and around 6:30PM Paul said he needed to go get some money. She stated that he likely went to the TYME machine at the Willy Street Co-op and she believes Paul had an account at the UW Credit Union. Amelia qualified her statement as she was not certain Paul actually went to get money, or if he simply used it as an excuse to step outside and smoke a cigarette. She stated that once Paul returned, he asked Nathan if he could owe him a beer-which Nathan said was fine. Amelia stated that they walked home from the Weary Traveler, arriving at the apartment around 7PM and when she checked the mailbox she discovered a card which she believed was from Paul's wife and when she showed it to Paul he said something to the effect of "I'm not even gonna check it. It may be something too heavy." Amelia stated that he left the card in the mailbox and did not open it and when she was on the porch this morning it was still in the mailbox.

!!

Amelia stated that her daughter_is extremely fond of Paul, they all hung out for a bit and Paul and Played a game. Amelia stam'd""lTlat ~ent to bed around 8:30, and Paul left around 9:00. melia stated that she believed that Pa~s going to the High Noon or the Frequency on King Street to check out some bands. She stated that Paul would have walked to the High Noon but was unsure if he would have walked all the way to the Frequency on King St. She pointed out his green van and thought that it was parked in the same place she last saw it but was not certain.

Amelia stated that before Paul left, she asked him what time he was planning on being home because the downstairs neighbor is studying for her doctorate degree, and when they moved in, that neighbor made it clear to them that she does not like to be woken up in the middle of the night. Amelia stated that their dogs bark when people come in. She stated that Paul said he would be back around midnight. Amelia stated that since they are still in the process of ~cking and her daughter's room is not ready, she slept upstairs and Nathan slept downstairs with"n the room adjacent to the kitchen. Amelia stated she did not hear the shots but was awakened by Nathan around 3:00AM and it immediately seemed significant to her that Paul was not home. She stated that she first thought that he "crashed" on someone's couch to avoid making too much noise and that he would come home around 6:00 or 7:00AM. She stated that she called Paul's best friend Matt Kramer a t _ According to her cell phone she called at 4:49 am and Matt Kramer said that he had ~aul. Amelia stated that she also called Paul's friend Cliff Fredrickson but he did not answer and she called DNA Studios at 244-0111, but no one answered there either.

at_

As we were speaking, Amelia was trying to process what happened, she asked several times if Paul was the deceased. I had occasion to speak with Detective Johnson who was with Kurt Karbisuky and learned that they had identified Paul and his parents would be notified as soon as possible. I asked if I could share the information with Amelia as she seemed to be reasonable and cooperative. I was told that I could share the information as long as she did not make any calls. I told Amelia that it was extremely important that Paul's parents learn of his death in person from a professional and that the manner in which they learned this news may have lasting impact on how they heal from this tragedy. She agreed and stated that she understood and would not call anyone. When Amelia learned the news she became tearful; but maintained her composure and control and immediately began to plan for how she would prepare her daughter for this news. She stated that she completely understood that Paul's parents needed to be contacted in a respectful manner and that by calling or texting or

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having any communication about what was going on would have a very negative impact on things. She began to then cipher through in her head out loud what may have happened. She stated that their apartment is in a blue house and they only recently moved which made her hypothesize that perhaps Paul went to the wrong house as she was talking she mentioned that the O'Malley's lived a few doors down and that their house was also blue and that someone tried to break in. I asked how she knew that-she stated that when she was on the front porch this morning, the woman who lives in the next house was talking to her through the window and told her that somebody had tried to break into the O'Malley's. Amelia mused that Paul did not need money and that he would never break into anybody's house. She stated that it was possible that he may have "tied one on" and may have simply tried to get in the wrong house. She reiterated that there was no way Paul would have broken into anybody's home and that he certainly would not have broken into a home where there's four children and a dog. Amelia stated when they moved in one of the neighbors warned them that strollers and other personal items were being taken off of the common porches. I asked Amelia how she gets into her apartment and if it is security locked. She stated that the main door is in a sense security-locked but it does not lock automatically as it is a dead boll. She stated that they always lock the door and when they came home from the dinner she used the key to unlock the door. She stated that they also keep their apartment locked. She stated that she and Paul had a conversation about guns and Paul, who she stated had a slight build and was not physically intimidating told her that he was able to live in Brooklyn NY without carrying a gun so he did not need a gun to feel safe. Amelia pointed out a Leatherman tool that was on the table and said that there was a possibility that Paul carried something like that on his person because he was often out at night going to clubs as he was in the music industry. Amelia stated that it was strange that Paul's dog was not barking and it usually does she stated that she thought it may be possible that since Paul's dog was not barking, he may have come in, put his stuff away, and gone out to have a cigarette and became disoriented. I asked if she would have heard him come in, and she stated she does not know. By this time Nathan joined us and he did not hear Paul come in. Amelia wanted to know when Paul's parents were notified so that she could contact their friends. I told her I would make every effort to do so. I gave her an opportunity to ask questions and provided her with my contact information. I also made her aware that at some point we would likely need access to Paul's room. Amelia was struggling with the news but was holding her composure, her daughter entered the kitchen just as we were wrapping up and Del. Nautigal and I left at approximately 7:00 am.

Investigation Continuingllmc

Supervisory Officer:

I.D.: _ __

Reporting Officer: DET MARIANNE F STATZ

I.D.: 2404

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Report 68

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
11/10/2012

10- Residential Burglary 10- Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: DEATH INVESTIGATION Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET TRACIE A JOKALA 3234 Special Routing:

From Date/Time: Thru DatelTime: Report sent:

Attached: Oregon, WI Police Department Incident Reports, 9 pages including fax cover. NARRATIVE:
On 11/9/12, the Oregon, WI Police Department was requested to fax incident and contact reports regarding Paul H Heenan. This was facilitated by PO Norra Prohaska. On 11/9/12 at apprOXimately 4:29pm, the attached reports were faxed to the Central District. End of report.

Supervisory Officer:

I.D.: _ ___ __

Reporting Officer: DEI TRACIE A JOKALA

I.D.: 3234

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OREGON POLICE DEPARTMENT
383 Park Street

Oregon, Wisconsin 53575-1494Non-Emergency: (608) 835-3111 Fax: (608) 835-5625
'v.nn"L·A~G~E·O"F~O~R~E~G~O"N~~------------------------------------·D~OUGLASH VILLAGE OF OREGON DO-UGLAS H.

Est. 1883

PETTIT PETTIT Chief of Polioo

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Fax Number (608) 835-5625

TO:

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FACSIMILE TELEPHONE NUMBER: ( FROM:
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SUBJECT: __-+-__________ ~______________

TOTAL PAGES: (including cover page)____ page)._ _ _
MESSAGE~: MESSAGE,~:

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______________
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____________________ ___________________

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Run: 11/09/2012 Oregon Police Department Incident Report 383 Park Street, Oregon, WI 53575 (608) 835-3111

01-2411

Case No, 01-2411 Occurred, 05/07/2001

I Descr:
1:22am

Speeding Violation

I Reported: I Status:
Phone:

05/07/01

1:22am

Location: 800 BLK MAIN ST N, Oregon Officer: C. O'Neil COMPLAINANT CLR BY ARREST

Addr: 383 PARK ST
ARREST

OREGON POLICE DEPARTMENT
OREGON, WI 53575

(608)

835-3111

HEENAN, PAUL H_ Addr: 1!!122OCUST GROVE RD I DOB.: 82 Age: 18 Hair: rown Eyes, Blue

OREGON, I'll 53575 Sex: Male Height: 5' 8"

Race: White Weight: 130

Court: ADULT MUNICIPAL / / DL: AM B594507 346.59(1) Impeding Traffic by Slow P. HEENAN Vehicle Registration: WI/AN33518 VIN; wr/AN33518 Year: 1989 Make: Chevrolet Model: Narrative OFFICER Ih~ORMATION: On 05/06/2001 I Officer Chad O'Neil was working for the Village of I Oregon Police Department, dressed in full police uniform, working 11P-7A I1P-7A shift, and operating fully marked squad #102. ORIGIN OF INCIDENT: On 05/07/2001 at approximately 1:22Am I was traveling North bound in the 800 block of North Main Street. I observed a blue colored vehicle I traveling South bound on North" Main Street. I estimated the speed of this vehicle to be approximately 35MPH. Doppler audio indicated the vehicle was in range by a clear tone, and tone confirmed my estimation of speed. Environment check was negative. A stable reading of 35MPH in the target A window was noted. After the vehicle proceeded past my squad I continued r South bound on North Main Street. I activated the rear facing radar unit. The suspect vehicle continued to accelerate. A stable reading of 38MPH was then noted in the target window. A reading of 23MPH was noted in the patrol window. The squads speed was confirmed by my squads speedometer. After a 3 second stable reading was maintained the speed was manually locked. The subject vehicle was bearing Wisconsin registration A/N 33 518. This vehicle was stopped in the 600 block of North Main Street. CONTACT WITH DRIVER: I contacted the driver of the suspect vehicle. I identified myself as a police officer for the Village of Oregon. I informed the driver I I I observed him operating at 38MPH in a 25MPH zone. I asked the driver if he had any justifiable reason to be operating at this speed and he said he did not. I asked the driver for his li'isconsin photo drivers license and he \-las Value: Color: Blue

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oregon Police Department Incident Report

01-2411

Narrative Continued (page 2) ...
--------------~-----------------------------------, --------------------------------------------------~

identified as; Paul H Heenan M/W .....,82. I informed Paul he would be re~g a citation for speeding.

ISSUANCE OF CITATION: I returned to my squad and after performing a records check thru DATA I issued the following: PAUL CHEVY C#B594507 DEP $66.90 M/W 82 A/N 33 SIB/WI SPEEDING 13 OVER 5223 CUST GROVE RD 346.57 OREGON 53575 COURT: 06/05/2001 8PM MUN The pink copy of this citation was handed to Paul and I explained the methods of disposition to.him. I asked Paul if he had any questions regarding the citation and he stated he did not. I thanked Paul for his cooperation and released him. MISC INFORMATION: Radar tested Ok before and after the stop. Paul was cooperative throughout my contact with him. No further
Entered By: G. Kluever

.AN

OFFICER: SUPERVISOR: COPIES SENT TO:

DATE: DATE:
SENT BY:

FOLLOW UP?
TIME:

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Run: 11/09/2012 Oregon Polioe Department Incident Report 383 Park Street, Oregon, WI 53575 (608) 835-3111
Case No: 00-0213

00-0213

I

DeBcr: Traffic Accident

- Property Damage

l
2:07pm

Occurred: 01/13/2000
Location~

2:07pm - 01/13/00

m) 2:45 p m/ Reported: 01/13/00

746 MAIN ST S, Oregon

Officer: Offc. B. Lehmann COMPLAINANT OREGON POLICE DEPARTMENT Addr: 383 PARK ST OREGON, WI 53575
CAR OWNER

I Status:
Phone:

CLR BY ARREST

(608) 835-3111

Addr:
DOB. :

Race: White

ARREST

HEENAN, PAUL H. Addr: 5223 LOCUST GROVE RD, OREGON, WI 53575 Sex: Male DOB.:111111/82 Age: 17 Height: 5'8" Hair: ~ Eyes: Blue Court: ADULT MUNICIPAL / / AM A345688 346.89(1) Inattentive Driving WITNESS
Ph:
"'-"''-'VL',
Hair~

Race: White
Weight, 130

DL: WI

(60B) WI 53
Sex:

17 Brown

Male

'Height: 6'0"

Weight:

Race: White 250

CAR OWNER ph: ( 6 0 S ) Addr: 746 S MAIN ST, OREGO~75 DOB.: _ / 7 4 Age: 25 Sex: Female Race: White Weight: 110 Hair: ~ Eyes: Blue Height: 5'9"
SHREVE, DAWN M.

J. HEENAN Vehicle

Registration: WI/AB48688 Year: 1998 Make: Toyota D. SHREVE Vehicle Registration: WI/BJ70527 Make; Year: 1989 Make: Ford Narrative

VIN: 4TANL42NSWZ013608 Model: TACOMA

Color: Gold

VIN: IFTEX15N9KKB49879 Model: F150

color: White

.J

I I

OFFICER INFO: INFO; On 01/13/2000 I Off Brian Lehmann was working for the Village of Oregon I Police Department, dressed in full police uniform, operating marked squad
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page!

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Oregon Police Department Incident Report

00-0213

Narrative Continued (Page 2) ...

#l, and working 7Am-3Pm shift. INITIAL INFO! INFO: At approximately 2:07Pm I received a call from dispatch to respond to the address of 746 South Main Street, in Oregon, for a two car accident. This accident just occurred in front of this residence. It was reported there were no injuries and no road blockage. ARRIVAL AT SCENE: Approximately 3 minutes later I arrived on scene. I noticed two vehicles on the North bound side of South Main Street. I observed a two tone white/blue Ford pick up which appeared to be parked on the North side of the road. I observed a gold colored Toyota pick up that appeared to have rear ended the parked Ford pick up. I observed three male whites standing around these vehicles. INITIAL CONTACT: I made contact with the individuals and asked who was involved. One of the males identified himself to me as the driver of the Toyota. One of the male whites identified himself as a witness to this accident. The third male was riding in the vehicle with the witness but said he did not see anything (this male was not identified). WITNBSS STATBMENT: r first interviewed the ver ally ident.. idenMif'ed himself to me as; as: M./W idenMif' ed ./w 82. bo 0 stated he and his fr' fr be e South Main Stre nd were just South of the intersection of South Perry Parkway.lIIII said he observed the gold colored pick up come down and around the ben~ the 700 block of South Main Street, heading North bound . . . . . . said he noticed this vehicle make this bend in the road in a norm~hion. II1II said the vehicle then began veer.'nto the right and slammed right in~e back of the park Ford pick up. said he stopped right away to make thi ' sure this driver was ok and he 0 is a friend of this person driving the Toyota. II1II said this driver told him he was not injured and then went to cont t~ner of the Ford he just ran into. there was nothing else he observed and this ended my contact wi

:we

pick He was I then identified the driver of Unit #l, the Toyota piCk up. I Paul identified to me with his Wisconsin photo drivers license as: Panl H Paul again informed me he was not injured. Heenan M/W

DRIVER OF UNIT #1: #1!

1IIIIV82.

DRIVERS STATEMENT:
I asked Paul to tell me what happened to cause this accident. Paul stated he was driving North bound in a normal fashion. He estimated as he came around the bend in the 700 block of South Main Street, he was going no faster than 30MPH. Paul said he noticed his right pants leg had caught on the bottom back portion of the heel of his foot and was effecting his ability to control the gas pedal. Paul said he took his foot off the gas pedal and reached down to try to re arrange his pant leg. Paul said he only looked down for a period of less than 5 seconds. Paul said when he came back up and looked forward again he saw the parked Ford pick up directly in Pord front of him and just had time to slam on the brakes when he struck the back of this parked vehicle. Paul said he was able to get out of his injUred. vehicle through the driver side door and he did not feel injured. Paul said his friend Jeff had just stopped at the scene. Paul said he then went and contacted the resident inside 746 South Main street and told her he had

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Oregon Police Department Incident Report

00-0213

Narrative Continued (Page 3) ... just ran into her truck. Paul said the resident then called the police. I did notice Paul was wearing pants that appeared to have long pant legs that were somewhat baggy and this could have caught on the bottom part of his shoe. Paul had already completed the bend in the road and was traveling in a straight line when the accident occurred. This bend in the road had no effect on this accident. Paul said he was wearing his seat belt and his vehicle is equipped with air bags, and they did not deploy. Paul was not sure if the passenger air bag was activated or not. Paul estimated his speed at the time he impacted the Ford at approximately 20MPH because he had taken his foot off the gas and would have been de-accelerating. INFO ON UNIT #1: Unit #1 is a 1998, Toyota Tacoma, pick up truck, gold, Wisconsin truck registration A/B 48 688, V#4TANL42N8WZ013608. Insurance is with Farmer's Insurance. O~mer is Paul's father, John H Heenan. The vehicle suffered severe damage to the front and was not driveable. The vehicle was removed from the scene by Boettcher's Towing and was towed to Quality Auto Body on East Washington Avenue in Madison. ISSUANCE OF CITATION; After receiving all the statements from witnesses and Paul, and due to my observations, I informed Paul he would be receiving a citation for Inattentive Driving. I then issued the following: PAUL HIifiE N TOYOTA C#A345688 DEP. $78.20 M/W 82 A/B 48 688/WI INATTENTIVE DRIVING 5223 L GROVE RD 346.89(1) OREGON 53575 COURT: 02/01/2000 8PM MUN I gave Paul the pink copy of the citation and explained the methods of disposition. Paul said he understood. Paul's mother had arrived on scene during my investigation. Upon my completion of speaking with Paul I released Paul to his mother and she gave him a ride from the scene. UNIT #2: Unit #2 was the legally parked White/blue Ford pick up. This vehicle was parked in front of the home at 746 South Main Street, facing North bound along the North side curb, just south of the residence driveway. There were no vehicles positioned behind this vehicle. I made contact with the resident at 746 South Main street. She verbally identified herself to me as: Dawn M Shreve F/W II1II/74. Dawn stated she was home at the time of the accident which she~mated to have taken place at approximately 5 minutes after 2Pm. It should be noted upon my questioning both Jeff and Paul reference to the time of this accident, they all agreed it was approximately 5 minutes after 2Pm. Dawn said she was just walking through the living room and heard a loud noise. She looked out the window and saw her truck jump forward a little bit. Dawn said she went outside and the driver of the truck that just hit her truck was coming up the driveway. This driver told her he had just run into her truck. Dawn said she told this driver she would call the police. UNIT #2 INFO: Unit #2 is a 1989, Ford, F150, pick up, white/blue, Wisconsin truck registration B/J 70 527, V#lFTEX15N9KKB49879, insurance with State FaL~ Insurance. This vehicle sustained moderate damage to the driver side rear corner. The vehicle remained in its park~d location but the damage did not appear it would effect the driveability of the vehicle.
WEATHER CONDITIONS:

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4

Oregon Police Department Iacident Report

00-02U

Narrative Continued (page 4) ...

At the time of this accident the weather was clear and sunny. There was snow on the ground and the snow was melting causing the roadway to be wet. Due to the fact the driver was operating North bound the sun was behind his position and would not have been a factor for visibility.

ADDITIONAL INFO; Paul stated to me he did look up just prior to hitting the Ford and did have time to slam on his brakes. This was consistent with the fact I found approximately 6' of skid marks at the scene left by Unit #1. The debris was cleaned up by Boettcher's. I was cleared from this scene at approximately 2:45Pm. The driver of Unit #1 and the owner of Unit #2 did exchange names at the scene . .No further
Entered By: G. Kluever

OFFICER: SUPERVISOR: COPIES SENT TO,

DATE: DATE:

FOLLOW UP? TIME:

SENT BY:
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Run: 11/09/2012 Oregon Police Department Incident Report 383 Park Street, Oregon, WI 53575 (608) 835-3111 Case No. 01-0130 Occurred, 01/07/2001 Location, UNION RD

01-0130

I Descr:
1

Traffic Warning

- Written
01/07/01 6:57pm

6: S7pm

I Reported,
Oregon

@ PERRY PKWY S,

Officer, Offc. M. Tomlinson
WARNED
HEENAN, PAUL H.

I Status:

INACTIVE

Addr, 5223 LOCUST GROVE RD, OREGON, WI 53575 DaB.: _ / 8 2 Age: 18 Sex: Male Hair: ~ Eyes: Blue Height, 5'8"
P.HEENAN vehicle

Race: White Weight: 130

Registration: WI/AN33518 VIN: Year: 1989 Make: Chevrolet Model: Narrative ISSUED wRITTEN WARNING #12390 FOR DEFECTIVE HEAD LIGHT. SEAT BELT X 2. NFA Entered By: G. Kluever

Value: Color: Blue

OFFICER: SUPERVISOR: COPIES SENT TO:

DATE:

For~LOW

UP?

DATE: SENT BY:

TIME:

01/09/2013

209

214

Run: 11/09/2012 Oregon Police Department Incident Report 383 Park Street, Oregon, WI 53575 (608) 835-3111

99-5760

,~-

Case No: 99-5760 Occurred: 11/14/1999

I

Deser! Traffic Warning

-

Written
11/14/99

8:30pm

I Reported:
I

8:30pm

Location: 300 BLK OAK ST N, Oregon Officer: offc. R. Michels Status, INACTIVE

WARNED
HEENAN, PAUL H_

Addr:.2 LOCUST GROVE RD I OREGON, WI 53575 DOB.! 82 Age: 17 Sex: Male Height: 5'8" Hair: rown Eyes: Blue
P. HEmNAN Vehicle

Race: White Weight: 130

Registration: Wr/AG48 688 VIN: Year: 1988 Make: Toyota Model: Narrative ISSUED WRITTEN WARNING #10232 FOR SPEEDING 35/25 ZONE.

Value: Color: White

SEATBELT X 2.

NFA

Entered By: J. Packard

OFFICER: SUPERVISOR:
COPIES SENT TO;

DATE: DATE:

FOLLOW UP? TIME:

SENT BY:
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Report 69

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
11/9/2012

10- Residential Burglary 10- Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET KRISTINE ACKER 2781 Special Routing:

From Date/Time: Thru Date/Time: Report sent:

ATTACHMENT: PRESERVATION LETTER TO AT&T On 11/9112, I checked Fonefinder.com, a website on cell phone provider for Paul Heenan's cell phone belong to "Omnipoint Communications" in New at Omnipoint Communications, as none of the numbers worked. ied in the past, to determine the I saw that it was supposed to without success to reach anyone

I called Veriz:on Wireless, as I am aware that Paul Heenan had an iPhone, and the only two providers for service are supposedly AT&T and Verizon. I spoke with Matthew of the Verizon Subpoena Compliance Center who told me he showed that number belonged to an AT&T subscriber.

~elonged to one of their subscribers. Camille told me to send this preservation letter to iheir ~ubpoena Compliance center.
On 11/9/12, I faxed that attached preservation letter to the National Subpoena Compliance Center for AT&T, that they preserve the requested records for Paul Heenan's reported cell phone number of
1.0.: _ __

On 11/9/12, I spoke with Camille of the AT&T Subpoena Compliance Center, who confirmed that_

Supervisory Officer:

Reporting Officer: DET KRISTINE ACKER

1.0.: 2781

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j\1adisoll Police Department
City-County Building 2) 1 S. C~m-o!l Street 'ivladison. WiSCOhSiJl 53703 60S 266 4022 (TDD) 608 266 6562

DATE:{-

t

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/')

Your FAX Number: _______________________ ____________________

FROM:

4{~
MAD1Sow-POUITDE?ARTMENT (PATROL) 211 S. CARROLL STREET MADISON, W)SCONSlN 53703-3303

Office Telephone:

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FAX Number: _ _ _J.f6E!!;(j~8't21 2~61l:::2>92t:±4~g=-.--Y:'cC'1'-(l,P-~ I{

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Total Number of Pages (Including this cover sheet): -"k::><=..)_ __ -"c,,::X"'-..) __ Commen5: ____________________________________________________________ ___________________________________________

~.

If you do not receive all the pages indicated, or if you have any problems, cali (608) 266-4923 as soon as possible, or respond to the office phone number indicated above.

CONFIDENTIALTIY: This facsimile transmission is intended only for use of the individual or entity to which it i, addressed. It may contain information that is privileged, confidential or exempt from disclosure under applicable law If the reader of this message is NOT the intended recipient or an agent authorized to receive this transmittal 0" behalf of the intended recipient, please notify us immediately by telephone and return the message to us by mail. All, unauthorized review, use, copying, dissemination Of. distributIon of the contents of this communication is strict!; prohibited.

F:\f'd root\R r:ports\ Word\f 0 rTn;3ticd Clij116§?ft9f3 Ct:\f2.'( COY <:r. dQ.

212

Madison Police Department
Noble Wray, Chief of Police

Case 12- 320242
City-County Building 211 S. CalToll Street Madison, Wisconsin 53703 6082664022 (TOO) 608 266 6562

www.madisonpolice.com

11/9/12 AT&T National Subpoena Compliance 11760 UW Hwy 1 North Palm Beach, FL 33408 Fax: 888-938-4715 Attn: Custodian of Records I am writing to make a formal request for the preselVation of records and other evidence pursuant i leiter pertains to a phone number held by to 18 USC 2703(f) pending further legal your AT&T customer with the number of Please preselVe all incoming/outgoing call details, voicemail, all cell tower site information related to calls made and received on this phone number, and all incoming/outgoing text messaging for this , Central number from the date of 11/8/12 at Midnight through 11/9/12 at 11 :59 ,Central Standard Time (CST). I understand you hold these records indefinitely upon request, but I am requesting they only be held for 6 months while additional legal process is pursued for obtaining this information. Should you have any questions about this request, please contact me at 608-245-3659, or kacker@cityofmadison.com .

* Do not disclose, as disclosure may impede an on-going criminal investigation.
* Please fax or email confirmation of receipt of this leiter.
I appreciate your help and assistance in this matter.

Detective Kristine Acker
City.ofMadison Police Department 2033 LondondelTY Drive Madison, WI 53704 608-245-3659 PH 608-245-3677 Fax 608-575-4509 Cell kacker@cityofinadison.com

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Communication Result Report (Nov, 9. 2012 2:57PM) ~
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0110912013

214 219

Report 70

MADISON POLICE DEPARTMENT
Report Completed: 11/9/2012 Occurred Incident: Dispatched as: 10- Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer Involved Shooting Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11109/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET DIANE C NACHTIGAL 2899 Special Routing:

From DatelTime: Thru Date/Time: Report sent:

NATHAN A ROYKO MAURER MfW DOB:_973 (39 yrs) Height: 5'09" Weight: 165 HairColor: ~yeColor: BRO . S . BALDWIN ST.' MADISON WI C: _ _ W EMPLOYER: "UW-MADISON DIV. OF INFORMATION TE~ HOW ID'D: VERBALLY CONTACT AMELIA E ROYKO MAURER FfW DOB:_1974 (38 yrs) Height: 5'03" Weight: 127 HairColor: ~ EyeColor: BRO S. BALDWIN ST. MADISON WI _ 'VERBALLY

CONTACT

'CONTACTED

'CONTACTED

if

HOWID'D:

MENTIONED MAE SASLAW

FlU
PORTLAND OR C:

On 11/09/12, I received a call from Del. Justine Harris. She asked me to try and find a contact phone number for the suspect's wife. I spoke with Amelia Royko Maurer. I asked her if she had a phone number for Heenan's wife. She called a friend of his named Cramer, who then sent her a text I later relayed that information to message with a phone number for Mae Saslaw the command post. CONSENT TO ENTER RESIDENCE Nathan told me that they were planning on leaving the residence to take Gigi on a play date. Originally, Nathan had planned to stay home, but now stated that he was leaving as well. I explained to him that we needed to look at Paul's room and asked him if it would be possible for me to maintain standing just outside of the room or if he would at least leave the front door unlocked. Nathan asked me if I had received permission from Paul's parents to search the room. I explained to him that his parents had no legal standing on the room and told him that I would like his permission to enter the residence. He asked me if we would need to search the whole apartment and if he would be allowed to take his laptop with him when he left. I told Nathan that he was certainly free to take his laptop and that we were only concerned at this time with searching Paul's room, but that we would have to enter the common areas of the apartment in order to get into the room. He stated to rne that he would have to talk to Amelia first. I told Nathan that if needed, we would apply for a search warrant for Paul's room. I also said that if the warrant was granted and they were not home and their residence was locked, we would have to force entry to conduct the warrant on him room.

0_

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220

Nathan went inside and spoke with Amelia. Approximately five minutes later, Nathan exited the residence and handed me a set of two keys. He told me that one opened the front door deadbolt and the second opened the door to their apartment. He again asked me if we were going to search the entire apartment and I told him that we were only interested in Paul's room. I asked him if he was giving us permission to enter the apartment and he said yes. During this conversation, Jane Lombardo from the Crime Response Program was present and she offered to return the keys to Nathan. Nathan also asked her to call him when the police were finished with the scene. At approximately 12:00 pm, I had to leave the scene. I handed the keys to Det. John Messer who had arrived to participate in the search. I instructed him to return the keys to Jane Lombardo. I then cleared the scene at approximately 12:05 pm. End of report.

Supervisory Officer:

I.D.: _ __

Reporting Officer: DET DIANE C NACHTIGAL

!.D.: 2899

01/09/2013

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Report 71

MADISON POLICE DEPARTMENT Report Completed: 11/9/2012 Occurred Incident: Dispatched as: 10- Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer Involved Shooting Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET DIANE C NACHTIGAL 2899 Special Routing:

From Date/Time: Thru Date/Time: Report sent:

SUSPECT

PAUL H HEENAN MNJ DOB:_/1982 (30 yrs) Height: 5'11" Weight: 140 HairColor: ~yeColor: BLU 509 S. BALDWIN ST. #2 MADISON WI C:

NATHAN A ROYKO MAURER 'CONTACTED MNJ DOB:_1973 (39 yrs) Height: 5'09" Weight: 165 HairColor: ~yeColor: BRO ~. BALDWIN ST. •MADISON WI C: _ _ W: (608) 265-4903 EMPLOYER: "U'\iV-MAOISON OIV. OF INFORMATION TE~ HOW 10'0: VERBALLY MENTIONED AMELIA E ROYKO MAURER FNJ 00B:_1974 (38 yrs) Height: 5'03" Weight: 127 Color: ~ EyeColor: BRO S. BALDWIN ST. tilMAOISON WI C: HOW 10'0: ERBALL Y

CONTACT

I

·

MENTIONED SON WI

'JUVENILE'

On 11/09/12 at approximately 4:00 am, I received a call from Telestaff alerting me to an officer involved shooting investigation. I called and spoke with the OIC, Sgt. Compton. He told me that additional resources were needed and asked me to respond to the scene at 512 S. Baldwin Street. At approximately 5:00 am, I arrived at the scene located in the 500 block of S. Baldwin Street. I was contacted by Sgt. Karen Krahn and given a brief synopsis of the events that had occurred. Lt. Strassman was on scene in CV1 and asked me to assist Oet. Flynn Statz with interviewing the residents o f . S. Baldwin St. .ecause we believed they might have information regarding the identity of the suspect. Oet. Flynn-Statz and I contacted the female on the front porch of her residence. I had observed her standing outside watching the activities taking place. She was verbally identified as Amelia E. Royko Maurer. Amelia allowed us to enter her apartment and speak with her and her husband. I escorted the male upstairs to the third floor into a room that he said was being used as a music studio. I

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observed a futon with a blanket and pillows, as if someone had recently been sleeping there. I also saw numerous musical instruments and boxes. The male was verbally identified as Nathan A. Royko Maurer. I explained to Nathan that we were currently working on an investigation and he immediately asked me if the person who had been shot was Paul. He said that they were concerned because their roommate, who was later identified as Paul H. Heenan, had not arrived home that night: I asked him how he knew Paul and he stated that Paul and Amelia are musicians and are going to be collaborating on an album. Nathan said he has known Paul since 2003 or 2004. I asked N~n how long they have lived at their current address and he told me that he, his wife and daughter ~ad recently moved out of a four bedroom house they had been renting in Evansville. They began moving into their new apartment sometime on Saturday October 27 and were completely out of their old one by either October 30 or 31 st . Nathan stated that Paul had previously been living in New York with his wife, but they are currently going through a divorce. He said Paul began moving his stuff into the apartment sometime around Saturday November 3 and finished around Monday November 5. Nathan told me that Paul's wife Mae lives in Portland, Oregon. I asked Nathan to tell me about his activities last night. He stated to me that ~ot off from work at 5:00 pm and rode his bike to the Lao Laan Xiang restaurant to meet Amelia, _and Paul for dinner. They ate dinner and left sometime around 6:30 or so. Then they went to the Weary Traveler to play Uno and have a drink. I asked him if Paul was drinking also and he replied yes. Nathan said he thought Paul had one drink there. Afterwards, they all walked back home. room Nathan told me that since they are still in the process of unpacking, they haven't set yet, so he slept with her in the third room to the right of the front door when you walk in. He explained to me that the first door to the right is the bathroom, the second door is going to b e ' " room and the third room is the master bedroom. I asked Nathan where Amelia slept last nightHe said she had initially slept in the master bedroom with. but Amelia has a cold and decided to sleep upstairs by herself instead of Nathan to allow.o get some sleep. I asked Nathan where Paul sleeps. He pointed to a room directly across the hall from where we were talking. The door was shut and he said it was because Paul has a German Shepherd and he was in the room for now. I asked Nathan when he last saw Paul. He said Paul left the apartment sometime between 9:30 pm and 10:00 pm to go scout a band. Before he left, Paul told him that he would be home around midnight. He told me that Paul works as a sound engineer for DNA Studios and said he wanted to see a band that he was hoping to record at his studio. Nathan said he didn't know where Paul was going to see the band or if he was meeting anyone. I asked Nathan if he knew if Paul drove a vehicle when he left last night and he said he didn't know. He stated that Paul has a green van that belongs to his parents and he saw it parked out front this morning. I later observed a green van with WI. Plate 702HDW parked on the south side of Baldwin Street, facing east. Nathan said he didn't know if Paul drove the van and parked it there when he came home or if the van had been parked there the whole night. Nathan stated to me that he was still awake at approximately 12: 15 am and didn't hear Paul come home. He said that the dogs would have made a lot of noise if Paul had come home and since he didn't hear anything, he assumed Paul hadn't come home that night. Nathan said he doesn't know what time he fell asleep, but was woken up by the sound of angry shouting from outside. He said he couldn't hear what was being said, but described it as sounding like a street fight. Then he heard a male voice shouting "Get down! Get down!" then heard 5 to 6 gunshots. Nathan immediately got out of bed and went out to the main room and looked out of the window that faces in a southeasterly direction. He said he saw something that looked crumpled up on the ground and then saw two cops walking around. Nathan said approximately 30 seconds later, he heard sirens.

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I asked Nathan if he could tell what the crumpled object was on the ground. He told me that he could tell it was a body and it looked like a black male. Nathan stated that he could see that the body was lying face up, with the head pointed towards his address. He saw officers perform CPR on the subject and then put a sheet over him. Nathan said he began taking photos on his Iphone. Approximately 20 minutes later, a police officer came to their address, rang the doorbell and then banged on the front door. The loud banging woke Amelia up. The officer told them that they had received a call for a burglary and when the officer arrived, he had a confrontation with the suspect. Nathan said he immediately thought what if he went to the wrong house. They then started worrying that Paul had not come home and began calling his phone and sending him text messages. Amelia called some of Paul's friends to see if they knew where he was. Nathan also checked Paul's facebook page but didn't see any recent activity posted. He then checked his phone and said the text messages looking for Paul were sent at 2:59 am and 3:22 am. He thought the first text was sent almost immediately after the shots were fired. No one said that they knew where Paul was. I asked him if Paul used drugs and he said that he didn't know Paul to use drugs or drink too much. I asked Nathan why he was so worried about Paul. He stated that his main reason for texting Paul was to warn him in case he was coming home that something was going on on their street. I asked Nathan if they knew of any problems in the area. He told me that shortly after they moved in, one of the neighbors told them about some things being taken from porches in the area. Nathan also told me that Amelia had mentioned seeing a Cadillac parked on their street on Monday. He said she noticed it because their street is posted for no parking on Mondays. She had just arrived home and for some reason she thought that the car might be casing the place. She was reluctant to walk into her address in case they were watching her to see where she lived. I asked Nathan if he knew any of his neighbors. He stated that he met the neighbor that lives next door to the left of their house, or two houses down. Their names are Ian and his son Harper. Nathan also told me that he met the O'Malley family who lives two houses down from the right of his address. At this time, I received a phone call from Det. Julie Johnson, asking me if the roommates of Paul had any information on his next of kin. I went downstairs and asked Det. Flynn Statz if she had that information. She asked Amelia if she had a phone number or address for Paul's parents. Det. Flynn Statz notified both Amelia and Nathan that the suspect had been identified as Paul. I gave my business card to Nathan and explained to him that we were going to have someone from the Victim Witness Unit get in touch with them. I also asked him to call me if they had any other questions. Nathan said he was going to call into work today and that they were also going to take Gigi to her play date to get her out of the house. Prior to leaving the house, I asked Nathan to send me copies of the photos he took on his Iphone. When I returned to the South District Station, I observed· several emails containing the photos. I have printed them out and attached them to this report. End of report.

Supervisory Officer:

I.D.: _ __

Reporting Officer:

I.D.: 2899

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Report 72

MADISON POLICE DEPARTMENT
Report Completed: Occurred Inciden!: Dispatched as: 11/9/2012 10- Residential Burglary 10- Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: DEATH INVESTIGATION Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET TRACIE A JOKALA 3234 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

CONTACT

KRISTOPHER R KORNELL : "KRIS" MIW DOB: 979 (33 yrs) Height: 5'10" Weight: 165 5' 10" HAZ SON MADISON WI

W:

EMPLOYER: """'-'<:." , HOWID'D: HOW 10'0: PRIOR CONTACTS STATUS: CONTACTED AT THE FREQUENCY NARRATIVE: On 11/9/1, at approximately 6:45pm, I contacted the Frequency bar and music venue via phone. I spoke to a male, later identified as Kristopher R Kornell, who stated he could answer questions about bar patrons from the previous evening. I responded to meet him personally; Det. Kym Woodly accompanied me. Upon arrival, I met with Kornell, whom I recognized from past professional contacts. Kornell stated he was the only employee working last night. I asked him if he was familiar with a male named "Paul Heenan", and provided him a physical description. Kornell responded that he was not familiar with that person. Kornell stated that last night between 7-8:30pm they had a comedy show. He recognized most of the patrons as regulars. After that, the bar emptied out for the most part, and only a few patrons remained. He closed the bar at approximately 1:30am, and believes he departed at about 2:303:00am. During the remainder of the evening, there was no band, just the jukebox playing. I asked Kornell if there were any incidents, disturbances, or problem patrons last evening. He replied, "No issues; pretty tame night." Kornell stated the Frequency does not have video surveillance. End of interview.

Supervisory Officer:

__ I.D.: _ ___

Reporting Officer: DET TRACIE A JOKALA

I.D.: 3234

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Report 73

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
11/9/2012

10- Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Burglary Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201202:47 Reporting Officer: DET GEORGE A CHAVEZ 2402 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

CONTACT

LARRY V WALSH MNV DOB:_1971 (41 yrs) 701 E. wA~'I'IITI~I!'hoN AVE. (BRASS RING) MADISON WI H: ( 6 0 8 ) _ CURT V BRINK MNV DOB:_/1951 (61 yrs) 701 E.wAS~TON AVE (THE BRINK) MADISON WI H: ( 6 0 8 ) _ JOEY A. DUNSCOMBE MNV DOB: _1975 1201 WILLlAMWN ST. (WEARY TRAVELER) MADISON WI H: ( 6 0 8 ) _

CONTACT

CONTACT

On 11-09-2012 at approximately 9 am I was asked to report to the City County Bldg (211 S. Carroll St) to assist with an ongoing investigation of a Burglary/Officer Involved Shooting. Lt. Kosavac asked me to do a preservation letter for accounts on Paul Heenan. There were two accounts located for Heenen. Officer D. Clark assisted me in sending a preservation letter direct to Facebook via email. I will attach copies of the preservation letter and the receipt from the face book law enforcement response team. Lt. Kosavac asked, Detective Baker and I to go to 701 E. Washington Ave. and attempt to locate any video that may have been captured the night of 11-8-12 from 8 pm until the venues closed that evening. We first made contact with Walsh who indicated they were recently working on the video and camera's in the Brass Ring and had a purse stolen the weekend before and were concerned they would lose the video from that crime and shut down the computer and video system. Walsh stated, they did not have any video for the time frame we were attempting to get. Walsh did provide me with the phone number of the owner of the High Noon Saloon-Kathy_or c e l l _ I did make a call to Kathy explaining what I was looking for and conta~tion fo~y had video capabilities. We then contacted Brink who also informed us, the Brink was going through a computer and video upgrade and their systems were down at this time and they would not have any video from the time frame we were looking for.

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We then made contact with Dunscombe who informed us, the Weary Traveler has no video capabilities at all within the Weary Traveler. Dunscombe said, he is the head chef at the Weary Traveler and indicated the business is open until bar close. Detective Baker provided Dunscombe with his business card in case follow-up is needed. It should be noted, I provided Walsh and Brink with my business card as well. We did attempt contact with the Crystal Corner and Frequency, but both locations were closed at this time.

NFA

Supervisory Officer:

I.D.: _ __

Reporting Officer: DET GEORGE A CHAVEZ

I.D.: 2402

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From:

Sent:

To:
Subject:

records@fb.com Friday, November 09,20129:42 AM Clark, Dustin Preservation Request Received

We are in receipt of your preservation request and will take reasonable steps to preserve the requested records and evidence. The case number for your request is [Facebook Case #167220). PLEASE NOTE, this data will expire 90 days from preservation date. To request an extension, please login to the Online Request System here: https://www.facebook.com/records/ Thank you, Facebook Law Enforcement Response Team WARNING: Requests to Facebook through this online request system may be made only by governmental entities authorized to obtain evidence in connection withofficial legal proceedings pursuant to Title 18, United States Code,sections 2703 and 2711. Unauthorized requests will be subject to prosecution. By using this token you are acknowledging that you are a government official making a request in official capacity.

1
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Madison Police Department
Noble Wray, Chief of Police City-County Building 211 S. Carroll Street Madison, Wisconsin 53703-3303 PH 608 266 4022 TTYfTextnet 866 275 6529 pollce@cityofmadlson.com www.citvofmadlson.com/oolice

As of Feb 2012: Attention Detectives: Facebook now does only automated this link: preservation requests see https://VI'\vw.facebook.com/security/preservation/
Facebook 160 I S California Avenue Palo Alto, CA 94304 Alto: Security Department Fax Number: (+1) 650-644-3229 Subpoena Compliance: A search warrant is fOlthcoming. Please preserve all data and infOlmation associated with the following F acebook profile

• • • •
• • •

• •

Facebook User ID/Gronp ID; ID: Full Name: Paul Heenan Birthdate: .,982
Phone Dum er:

Address: 509 S Baldwin #2


Unknown email address.

Listed below is my contact information. Title and Badge Number - Detectivel Badge 2402 Name - George Chavez Physical address - Madison Police Department, 211 S Carroll SI, Madison, '1'1'153703 Telephone number/e-mail: (608)266-43961 gchaveztalcitvofmadison.com

Thank you,

Detective George Chavez

111912012-Pall! Heenan fa«bcol; pre>trl'a!ion,docx

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November 9, 2012 Page 2

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Report 74

MADISON POLICE DEPARTMENT Report Completed: 11/9/2012 Occurred Incident: Dispatched as: 10- Residential Burglary 10- Residential Burglary Case No: Ref. No: Sec/Area: Grid: 2012-320242 Supplement 410 CENTRAL MARQUETTE

Case Offense: DEATH INVESTIGATION Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11109/201202:46 Dispatch DatelTime: 11109/201206:02 Reporting Officer: DET JAMAR J GARY 3268 Special Routing:

From DatelTime: Thru Date/Time: Report sent:

WITNESS

TOM G PUTZER

HOWID'D: STATUS: NARRATIVE

CONTACTED BY PHONE

On 11/9/12 I received an email authored by PRT Christopher Brozek that was forwarded by the OIC LI. T. Knight in reference to an individual by the name of Tom Putzer, who had contacted the OIC's office and advised that he may have had information about the officer-involved shooting that occurred on 11/9/12. At 3:54pm on 11/9/12 I received a phone call from an individual who identified himself as Tom Putzer. Putzer stated that he had some information that he found suspicious and thought may have been related to the officer-involved shooting that occurred on South Baldwin Street. Putzer stated that at 4:00pm on 11/8/12 he was behind his house with his daughter Emily and Emily's toddler, and they were trying to put Emily's toddler into a stroller. Putzer described his house as sharing a driveway with his neighbor, and the driveway goes some distance behind both houses. Putzer stated that he was standing behind his house but in the driveway area. Putzer stated that he observed a male white walk up the driveway between his house and his neighbor's house from the sidewalk. Putzer stated that the male white walked completely behind his neighbor's house but remained in the driveway area. Putzer stated that the individual did not say anything or make any attempt to contact anyone inside of his neighbor's house. Putzer stated that his daughter Emily did say hi to the individual, but he could not remember if the male white responded to his daughter Emily. Putzer stated that the male white then walked down the driveway back to the sidewalk and that was the last point that Putzer stated he could see him because he was dealing with the stroller. Putzer described the male white as being 30ish with shorter blond hair. Putzer stated that the male white was wearing a dark coat, possibly navy blue, but he was not sure about the pants. Putzer stated that the male white did not have any tattoos or facial hair. Putzer described the male white's hair color as lighter or blond. Putzer stated that he had never seen the individual before and did not know if he lived in the area. Putzer stated that it was possible that it was a contractor doing an estimate for his neighbor, but he was not sure. Putzer described the male white as 5'10" to 5"11, 150 to 160 pounds.

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I asked Putzer if he heard anything around 2:45 am during the morning of 11/9/12. Putzer stated that he did not. Putzer also asked his daughter Emily if she had heard anything, and she stated that she had not. I asked Putzer if he was awakened by police sirens or emergency lights in the area, and he stated that he was not. Putzer stated that he was approximately five houses down Jenifer Street from South Baldwin Street, and he believed that he could see the houses on South Baldwin Street, but he not during the night reference the incident. Putzer added that he does sleep with a which may have drowned out the noise.

I then ended my phone contact with Tom Putzer.
NFI/jas
Supervisory Officer:

I.D.: _ __

Reporting Officer: DET JAMAR J GARY

I.D.: 3268

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Report 75

MADISON POLICE DEPARTMENT Report Completed: Occurred Incident: Dispatched as:
11/9/2012

10 - Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/2012 02:46 Dispatch Date/Time: 11/09/201206:02 Reporting Officer: DET JULIE L JOHNSON 2867 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

CONTACT

EMPLOYER: OFFICER NARRATIVE:

I contacted Hamilton, and identified myself to him and told him Fuller had given me his contact information. Hamilton stated that he got to work about 9:30 a.m. on Friday and he worked in the kitchen until 6 p.m. He stated from 6 p.m. to 3 a.m. he was bartending. He stated he was there all night and did not leave. He stated that closing is actually at 2 a.m., but then they stay later to clean up and do things like that, so they leave around 3:00 am. Hamilton told me that he does not know Heenen personally, but knows there was smaller white male in his 30's whose first name is Paul who was at the bar drinking last night, and that Fuller later gave this guy a ride home. (For the report purposes I will refer to him as Heenen). Hamilton told me that times are tricky for him, but he knew that, "Same Paul guy," (Heenen), had been in there earlier in the evening. He said he thought the guy was eating dinner with a man a woman and their small child. He said he believes that at that time Heenen and the father each had one alcoholic drink, and that the mother and the child each had a non-alcoholic drink. He said that is all he knows about that. He said he doesn't know who paid or how they paid. Hamilton said that same guy showed up again later, by himself. He said it could have been around midnight. He said he is not exactly sure of the time but that seemed about right to him. He said he was sitting by himself at the bar. Hamilton said there was no one else talking to him or anything. Hamilton told me that Heenen ordered three drinks, one at a time, either vodka and tonic or vodka and soda, he couldn't remember off the top of his head but knew it was a vodka drink. He told me that Heenen drank the first two very slowly, that he would order one drink and drink it, then order the next. Hamilton said, "When he got to the third one, he started to pass out." Hamilton told me about 1: 15 am they give last call even though they can serve until 2:00 because it always takes people a while to finish their drink or they want to order one more drink and finish up what they're doing. Hamilton said that Heenen had ordered his third drink well before 1: 15 am. Hamilton said he doesn't know what Heenen drank earlier, but he didn't really drink that much at that time because he drank the two drinks, and he only drank about Y, of the third drink. Hamilton said, all

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of a sudden it looked like, "It hit him really quick. He put his head on the bar on his arms like you do when you're in school and the teacher tells you to put your head on the table." He said you put your arms down in front of you and then put your head on top of your arms. He said, "That is what this guy did." I asked him if he saw him leave to go to the bathroom or anywhere and he said Heenen got up, "After I woke him up. I kind of had to nudge him to wake him up, so I wake him up and he got up and went over by the restrooms." Hamilton said it he did not see exactly where Heenen went or what he did. He said Heenen came back to the bar and a little while later; Fuller gave him a ride home. Hamilton said he was really worried about this guy. He said didn't want to see him driving home because the alcohol just looked like it really hit him. He said, "and it is not like I over served him, he really seemed fine till all of a sudden, Wham!" I asked him if he saw Heenen take anything besides alcohol and he said no. He told me he has seen a lot of people who are under the influence of drugs, but he said this guy just seemed like a guy who had too much to drink. He didn't seem wired up or wacked out, just a drinker. I asked him if Heenen did anything else at the bar and he said, "Oh yeah, he had a sneezing fit for like five minutes, he would sneeze a bunch of times, then he wouldn't sneeze for a second, and then he'd sneeze a bunch more times." He said that actually it was after the sneezing fit that Heenen suddenly seemed to "Lose it, he put his head down and was totally out of it." He said he was "Just totally out of it. All of a sudden he seemed, whammed out. I asked him what he meant by that, and he said just like he just passed out, he was out of it. He told me Heenen suddenly couldn't talk, and he could not get him to move or do anything. He said when he did wake him up he was staggering, and would just grunt. I asked him what he thought happened, and he said again the guy seemed small, he doesn't know how much he drank before that, but it looked like it hit him really quick and really hard. He said truthfully he kind of that thought that maybe the guy had smoked a bunch of weed before he got there and started drinking. He said, "Then the alcohol hit him and he just went out." I asked him how Heenen paid for the drinks and he stated he paid cash. He stated Heenen only paid for the first two drinks and did not pay for the third. I asked him if there was anything else he could remember about Heenen and he said no. I thanked him for the information and asked him if it would be okay to contact him again if we had any more questions, and he stated that was no problem, he was happy to help. He asked me if the guy (Heenen) was ok, and I told him I couldn't talk about it at this time. He said again no problem and said we should call him if we needed anything else. NFNcmb Supervisory Officer: Reporting Officer: DET JULIE L JOHNSON
I.D.: _ ___ __

!.D.: 2867

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Report 76

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as: 11/9/2012 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET JULIE L JOHNSON 2867 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

WITNESS

EMPLOYER: OFFICER NARRATIVE: I was on-scene at 513 S Baldwin St when at approximately 9:52 am, Officer Scott McConnell notified me that a person had just arrived at his perimeter and told Off. McConnell that he had given Paul Heenen a ride home last night, and was worried that something had happened to him. Detective Nachtigal and I made contact with Fuller, who verbally identified himself to us. Fuller first asked us if Heenen was all right and I asked Fuller how he knew Heenen. Fuller told us he is the owner of the Weary Traveler on Williamson St, and that he has known him for plus-or-minus 10 years. Fuller said he met Heenen about 10 years ago at a wedding in Florida for a mutual friend. He said Heenen lived in Madison for a while and then moved to New York, but had recently come back to Madison. Fuller told us that Heenen is a musician and works at DNA studios, which is a music recording studio. Fuller told us he and Heenen are mutual friends with Amelia Recho (PH) and her husband Nathan. He said Heenen and he talk music and that Heenen comes to his business the Weary Traveler to eat and drink, and talk about music. Fuller told us that sometime between 6:30 and 8:00 pm last night Heenen and Amelia and Nathan and their daughter, were at the Weary Traveler eating or having a drink. He said they were there a while, maybe an hour, he's not sure, but he thought that they all left together, but is not sure what time they left. Fuller told us that around midnight, Heenen came back by himself and was drinking at the bar. Fuller said Heenen did not seem very drunk, he was just listening to music and at one point Fuller and Heenen went back to Fuller office and they were talking music. He said Heenen was lucid, and went back to the bar and said, "All of a sudden he had a huge fit of sneezing at the bar, and then he seemed really drunk, so drunk I took his drink away and I threw it out." I asked him if he knew what Heenen had been drinking and he said he was drinking a mixed drink - vodka and tonic, or vodka and soda. He said it definitely had vodka in it. Fuller told us he was concerned because when he was first talking to Heenen, Heenen seemed fine. He said however after this "sneezing fit" Heenen, "Became nonverbal, he was staggering, he got up off the bar to go to the bathroom and ended up in the women's room." Fuller stated he went to

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confront him and told Heenen that he's got to get him home, and explained that he can't have nonemployees in the bathroom and that they would get him a ride home. He said he asked Heenen if he wanted a cab but Heenen would not respond. He said that he told his employees to "lock him down" until he could give him a ride home. I asked him what he meant by 'lock him down' and he said make sure he's safe, keep him out of trouble, and don't let him drink anymore. He said he told Heenen they were worried about his condition, and that he would give him a ride home. I asked him if he knew if Heenen had driven to the bar and he said he knew Heenen hadn't driven there because there was no car in the 101. I told him it would have been a green van, and he said there was no green van in their lot when he took Heenen home. Fuller told he asked Heenen where he lived and that Heenen was finally able to tell him it was 509 Baldwin SI. He said he asked Heenen if it was south or north Baldwin, and told us that Heenen did not answer. Fuller told us he prodded him verbally a little bit and asked him if it was, "On our side of East Washington Ave or the other side, 'our side' meaning the side the bar was on," and he said finally Heenen did reply 'this side.' He said that at approximately 1:50 a.m. that he and Heenen left the bar together in his, Fuller's, vehicle and he drove down S Baldwin SI. until he saw the house number 511, so he stopped the car and pOinted to us the house he stopped in front of which I saw was 511 S. Baldwin. Fuller told us he was on the opposite side of the street but he watched Heenen walk across the street towards 509 so he left. He said it would have been around 2:00 am when he dropped Heenen off. Fuller told us he went back to work to finish closing, and it was after 3:00 am when he drove by Baldwin on his way home, and sawall the squad cars. He said he did not think at the time it would have had anything to do with Heenen. He said, "He's a rational kid, he was in a good mood until the weird sneezing fit, then he shut down verbally. He went from hero to zero just like thaI." Fuller told us he thought Heenen had total of three vodka tonics from midnight until he took him home. I asked him if he knew if Heenen used drugs, and he said he doesn't really know him like thaI. He said he just knows him through music and their mutual friend Amelia. Fuller told us he doesn't know if he's ever used drugs, but that he has never seen Heenen do drugs, but then said again he doesn't really see him much. I asked him if he knew if Heenen went to the bathroom before his sudden change from not seeming drunk to totally out of it, and he said he just saw him there afterward, in the women's bathroom. He said, "That's how out of it he was." I asked him if the bar has any video surveillance and he said no. Fuller asked again if Heenen was ok, and I told him I could not tell him anything at this time, but as things progressed, there would be a media release. I gave him my card and asked him if we could contact him if we had more questions and he said yes. I thanked him for his cooperation and he lefl. Re-Contact with Fuller I was asked to re-contact Fuller, and I made contact with him at approximately 11 :24 am. I asked him if he knew how Heenen had paid for his drinks and how much he had to drink when he was there earlier. He said he did not know, but said Hamilton would. Fuller told me he was very upset and said "Now I know why you are asking all these questions." He told me he did not like the questions we were asking and said, "Paulie was a good kid, and he would never go after anyone." I told him I understood his concern for his friend, and that is why we want to do a thorough investigation. He said he understood we had a job to do, but said he still did not like it. I asked him if he knew where Heenen would have went if Heenen had told somebody he was going to check out a band, and he said he had no idea where Heenen was earlier in the evening except for the time he would have

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been at the Weary Traveler with Amelia and Nate and their daughter. He said he could not even think of where he would start to tell us that he might have gone to listen to a band. He said as far as he knew, there were no big names or new names playing that Heenen would have gone to, but said he did not really know him that well. Fuller said again how strange it was that he (Heenen) was fine and then suddenly he had this huge sneezing fit and then seemed to be extremely intoxicated to the point where he couldn't walk or talk. Fuller said his bartender Brian Hamilton would have better information for me regarding what exactly he drank, how much he drank, and if he left the bar at all to use the restroom other than after he got "really out of it" and he found him in the ladies' room. He gave me Hamilton's contact information. Before I could ask any more questions, he said, "It that's all then goodbye," and he hung up. NFNcmb Supervisory Officer: Reporting Officer: DET JULIE L JOHNSON
I.D.: _ __ _ __

I.D.: 2867

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Report 77

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:

11/9/2012
10 - Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

DEATH INVESTIGATION Case Offense: Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch Date/Time: 11/09/201206:02 Reporting Officer: DET TRACIE A JOKALA 3234 Special Routing:

From DatelTime: Thru Date/Time: Report sent:

WITNESS

BREAGEN FULLER C' _ _

EMPLOYER: OW~VELER DETJULlEJOHNSON HOWID'D: STATUS: RECONTACTED VIA PHONE NARRATIVE: On 11/9/12, at approximately 4:45pm, I was requested by Det. Michelle Riesterer to re-contact the owner of the Weary Traveler regarding bar patrons present on the night of 11/8/12 into 11/9/12. I was able to speak to Breagen Fuller via phone at approximately 4:55pm. Fuller stated that the first time the decedent, identified as Paul H Heenan, was in the bar, it was full capacity. This was during dinner. Fuller stated he recalled some "familiar faces" in the establishment during that time, but could provide no particulars on names or identities. The second time Heenan was in the bar, there were numbers "in the teens". Fuller could not pinpoint any particular patrons, but did recall a MIW named "Josh" who was in the bar at the same time as Heenan. Fuller described this patron as "someone you don't particularly want to entertain in your establishment". Fuller has only seen "Josh" a few times, and knows nothing about him, other than he probably lives somewhere in the area and appears to be "younger than 30". "Josh" is confrontational with other patrons and tends to cause issues in the bar, so staff does not take the effort to entertain him or keep him as a customer. Fuller recalled that at one point he did see "Josh" talking to Heenan, and he went over and told Heenan, "Man, you don't wanna talk to that guy." That was the end of it. Fuller believed the bartender may have told Heenan this as well. Fuller could provide no other insight as to the exact identities or names of the patrons that evening. End of report.
Supervisory Officer:
1.0.: _ __

Reporting Officer: DET TRACIE A JOKALA

I.D.: 3234

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Report 78

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as: 11/9/2012 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer Involved Shooting Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET ROGER B BAKER 2304 Special Routing:

From Date/Time: Thru Date/Time: Report sent:

SUSPECT STATUS: CONTACT

PAUL H HEENAN MNV DOB:_1982 (30 yrs) DECEASEo-

EMPLOYER: OFFICER NARRATIVE On November 9, 2012, while assisting with this investigation, during the mid-afternoon hours, Detective Patterson and I responded to the DNA Music Labs recording studio located at 2057 Winnebago St., known to be owned by two individuals, believed to be associates of the decedent in this case, Paul Heenan. These individuals had been preliminarily identified in the command post as Mark Whitcomb and Brian Daly. After arriving at the DNA studio at approximately 1:40 p.m., the studio appeared closed and we could not gain a response at any of the entrances. I then placed a phone call to a cellular number obtained for Whitcomb and was able to speak with him. I then identified myself to Whitcomb by name and as a Madison Police Department detective, asking if I could speak with him, which he was agreeable to. Whitcomb then responded to the studio from his home nearby, arriving at 1:50 p.m. I subsequently identified myself to Whitcomb by my department-issued photo ID card. Detective Patterson also identified himself to Whitcomb as a Madison Police Department detective. Whitcomb was already aware that Paul Heenan had been killed earlier in the morning. Whitcomb was emotionally upset, however, agreed to speak with us. At several times during our interview, he hesitated in providing information, however, continued to freely speak with us after we explained the nature of why we needed to ask him certain questions. Whitcomb informed us that Heenan was a "freelance engineer" and was working at the DNA studio in that capacity, which involved helping musicians record albums. Whitcomb stated that he had known Heenan for the past 15 years and described him as a close friend. Whitcomb reported that Heenan worked for him for apprOXimately three to four years before Heenan moved to New York several years ago. Whitcomb conveyed that while Heenan was living in New York, they remained in contact with each other and remained close friends, often involving Heenan helping him solve technical problems with equipment over the telephone.

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Whitcomb went on to report that Heenan moved back to the Madison area this past summer of 2012, stating that Heenan moved in with his parents, who reside in the area of Oregon, Wisconsin. Whitcomb advised us that Heenan's wife, Mae Saslaw, also moved here with him, commenting that their plan was to ultimately move together from the Madison area to Portland, Oregon. Whitcomb informed us that Heenan's marriage subsequently dissolved after they moved to Madison and that Saslaw ultimately left for Portland, Oregon, while Heenan elected to continue residing here. Whitcomb described Heenan as 'sensitive, artistic, brilliant, and non-aggressive.' Whitcomb informed us that after Heenan's move back from New York, he was "okay," but was struggling with alcohol abuse, which may have involved other drugs, as well, that he did not specify. Whitcomb explained that he and Heenan spoke together about employment options for Heenan in the studio if Heenan could remain sober. Whitcomb advised us that he rents his studio to individual clients who are making recordings, stating that Heenan would fill in when needed to help clients. Whitcomb reported that he was aware of Heenan's substance issues through another friend, whom he declined to identify. He went on to state that during his discussions with Heenan, Heenan selfadmitted that he had a SUbstance abuse issue. When I asked Whitcomb to describe Heenan's demeanor when he had been drinking, he stated that Heenan was often "social" and "cordial." It was at this point that Whitcomb disclosed that he believed that Heenan may have been abusing pharmaceutical medications. While speaking further with Whitcomb about Heenan's interpersonal interactions with others, he stated that he had never witnessed Heenan act in a confrontational manner with anyone before. Whitcomb stated that Heenan seemed to be doing well during the last two months. According to Whitcomb, Heenan appeared to be dealing well with the conclusion of his marriage with Saslaw, acknowledging that it was better for both of them to end their marriage. Whitcomb reported that Heenan was happy to be living back in Madison and was also happy with his recent efforts at obtaining sobriety. Whitcomb informed us that his last contact with Heenan had been the previous evening, November 8, 2012, between approximately 9:30 and 10:00 p.m., when Heenan stopped by the recording studio to pick up a paycheck. Whitcomb reported that Heenan had walked to the studio with his dog. Whitcomb advised us that after picking up his paycheck, Heenan was walking home with his dog, when Heenan sent him a text message to his above-listed phone number at approximately 10:00 p.m., stating, "Thanks for being good for me Mark. We are gonna light this town up soon." Whitcomb explained that this was a harmless reference to work that they planned to do in the music industry in Madison. When asked, Whitcomb stated that he was unaware of any past suicidal intentions or tendencies on Heenan's part. Whitcomb advised us that he was unaware of any history of delusions or other mental health issues that Heenan may have experienced in the past. Whitcomb commented that when Heenan spoke about his breakup with Saslaw, he was "super upbeat" and conveyed that he was "drying up," which I understood to be a reference to his process of becoming sober. When I asked Whitcomb if Heenan had ever had negative experiences with law enforcement before, Whitcomb stated that he didn't know. Whitcomb did comment that Heenan was known to be a person who felt passionately about the expression of individual freedom and thought that because of this, there may be a story that he was unaware of about Heenan having past police contact somewhere, although he was unsure. When I asked Whitcomb if he had any knowledge about whether or not Heenan was known to carry weapons, he stated that he had learned from a friend that Heenan carried a knife. When I asked him

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to identify the source of this information, he stated that he learned this from a mutual friend and musician named Scott I believe to be, based on New World contacts, Scott T. Beardsley, male white, 969. Detective Patterson a discussion with Whitcomb about disclosing any information that may have been shared about this incident between mutual friends in their social group. Whitcomb was initially taken aback by this, expressing hesitation and questions about why he was being questioned about this. Detective Patterson and I explained to Whitcomb the preference for interviewing contacts and witnesses before they speak together about an incident to try to ensure that we obtain unbiased statements. Whitcomb then asked us why we would be asking about his discussions with others who may have already been interviewed. We explained to him that information could be missed or new details gleaned by being as thorough as possible to cover all aspects about what each person connected in some way to the investigation may know to further the investigative effort. Whitcomb was then agreeable to continue providing us with this information.

It should be noted that during this interview, Detective Patterson and I established that Whitcomb is ,,,,;n,t .. ri with two individuals whom Heenan had recently begun living with at the residence located SI.. Apl._These individuals were identified as Amelia C. ROYekO-Maurer female 1974, and her husband, Nathan Royko-Maurer, male white, 1973. li~[:ln<,,,d Wtlitcorr,b u"~,,,u~e'u that at approximately 4:00 a.m. that morning, he received a p one call from Amelia Royko-Maurer that he did not answer. Whitcomb went on to state that he subsequently listened to a voice message later in the morning that Amelia had left for him. When asked about the content of this voice message, Whitcomb conveyed that Amelia informed him in her voice message that "some shots went off at a burglary and Pauly's not here." Whitcomb went on to convey that in her message, Amelia expressed that she was wondering whether Heenan may have been with him.
Whitcomb stated that at approximately 10:00 a.m. that morning, he returned Amelia's phone call. Whitcomb reported that upon speaking with Amelia, she conveyed to him that "people should call Paul's parents." Whitcomb shared with us that when he asked Amelia why that should happen, he went on to ask if she had any information that she could share with him. Whitcomb went on to disclose that Amelia then conveyed to him that the coroner should be the one to tell Heenan's parents. Whitcomb conveyed that Amelia then shared with him that she had discovered that there had been a burglary in progress involving a shooting outside of their home. According to Whitcomb, Amelia went on to inform him that when that occurred, she could not locate Heenan in their residence of 509 S. Baldwin SI. ApI. 2, which caused her to become alarmed. Amelia then reportedly explained why she had called him, as well as other mutual friends, early in the morning, to see if he may have been involved somehow in what had occurred. Whitcomb, acknowledging that this was not first-hand information, also involved Amelia's husband, Nathan Royko-Maurer, in the conversation. Whitcomb went on to state that they decided that they would meet in person to discuss this matter at a mutual friend's home, which I understood to have occurred at the home of Matthew S. Kramer, male white, _ 1 9 7 5 , located -..whitcomb reported that this occurred at Kram~e between approximately 10:30 ~a.m., which also involved Scott Beardsley. Whitcomb reported that during this meeting, Nathan Royko-Maurer shared with the group that apparently, early in the morning, Heenan had been drinking and had been dropped off in front of their residence by someone that they know. Whitcomb, however, did not identify this individual. According to Whitcomb, they learned from Nathan that the house directly adjacent to theirs where this incident reportedly occurred has an exterior that looks similar to theirs. Whitcomb advised that they learned from Nathan that Heenan had approached the wrong house and found that the key to the front door was protruding from the lock at that adjacent residence. Whitcomb stated that they then learned from

at_

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Nathan that Heenan had opened the door and entered the residence, when the female resident of that house called for police assistance, believing that a burglary was occurring. Whitcomb went on to share with us that he learned during this meeting, apparently from Nathan, that the male resident of that home investigated the intrusion into the home and reportedly recognized Heenan as a neighbor and was going to walk him home to their residence next-door when this male resident reportedly made a comment to Heenan about his intoxicated state or his drinking. Whitcomb stated that they then learned from Nathan that Heenan reacted adversely to this joke or comment and a conflict occurred, as Heenan was reportedly upset that this male resident called him out on his drinking. Whitcomb went on to state that he then learned during this meeting that a police officer arrived, who was in the process of giving verbal directions to Heenan that appeared to be directions such as "down" or "lay down," which were repeated several times. Whitcomb advised that he learned during this meeting that as the officer was giving these directions to Heenan, Heenan advanced toward the officer, which involved either Heenan walking or running toward the officer, when gunshots were reportedly fired, resulting in Heenan's death. It should be noted that Whitcomb did not specify where Nathan or Amelia Royko-Maurer had obtained this information that they shared with their group. Whitcomb did not offer any additional information about Heenan or his knowledge of this incident. Whitcomb did state that he believed that Heenan and Saslaw had been married for approximately two years. He went on to state that she left the Madison area for Portland, Oregon, apparently three weeks after she arrived, at some point, I believe, during this past summer. I did confirm with Whitcomb that he is a co-owner of the DNA studio with an individual named Brian Daly, whom, based upon New World queries, I believed to be Brian Daly, male white, _ _ 1965, who has a reported cell number o f _ I did attempt to reach Daly via tele~up an interview, reaching his vOicemail.ldid~Oice message for Daly, requesting that he return my phone call; however, as of this time, I have not received a return phone call from Daly. At one point during Whitcomb's interview he mentioned learning from Amelia that the night before 11/8/12 Heenan was possibly planning to go to Genna's Lounge located at 105 W. Main St to see a band, however understood that he likely did not make it there. Based upon these comments, Amelia may have more specific information about whether or not Heenan had any plans to visit Genna's Lounge that evening or following early morning. It should be noted that during a previous interview I conducted with Matthew Kramer I learned from him that he is married to an individual he identified as Heidi K Kramer FIW .173. Whitcomb did not identify Heidi Kramer as taking part in their previously described group discussion. Detective Patterson and I did not receive any additional information from Whitcomb and concluded our interview with him at 2:35 p.m. NFAljlt
Supervisory Officer:
I.D.: _ __

Reporting Officer: DET ROGER B BAKER

I.D.: 2304

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Report 79

MADISON POLICE DEPARTMENT Report Completed: 11/9/2012 Occurred Incident: Dispatched as: 10- Residential Burglary 10- Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: RESIDENTIAL BURGLARY/OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 From DatelTime: Dispatch DatelTime: 11/09/201206:02 Thru DatelTime: Reporting Officer: DET ROGER B BAKER 2304 Report sent: Special Routing:

SUSPECT STATUS: CONTACT

PAUL H HEENAN MNJ DOB: _1982 (30 yrs) DECEASED ER 975 (36 yrs) Height: 5'10" Weight: 145 . BLU

COMMENT: NARRATIVE On 11/9/12 while assisting with this investigation, I was asked to attempt to make contact with several individuals that had been identified as friends or associates of the decedent, Paul Heenan, who may have had recent contact with him. At approximately 12:00pm I made contact via telephone with Matthew Kramer, who had been identified as one of these individuals. Upon speaking with Kramer, I identified myself to him by name and as an MPD detective. When I asked Kram~ with him, he advised me that I could speak with him at his residence located at _ _ _ _ _ _ . I then responded to Kramer's aforementioned residence along with Detective Reggie ~son, where we made contact with him at 12:04pm. It should be noted that Kramer was visibly upset and was at times tearful, while at other times he appeared to be angry and working to maintain his composure. Kramer declined to speak with us in his residence; however, he agreed to speak with us in my detective squad car, which was parked in the street in front of his house. Kramer informed us that he was aware that Paul Heenan had been killed. He informed us that he had known Heenan for eight to nine years, and that Heenan had been a close friend of his. Kramer explained that he and Heenan had played in a band together in the past and had become friends. He went on to inform us that after living in New York for a period of time, Heenan moved back to Wisconsin in July of 2012 when he temporarily resided with his parents in their home in the area of Oregon, Wisconsin. Kramer went on to state that Heenan moved into his most recent residence on 11/1/12, determined to be a residence located at_South Baldwin Street .in Madison, which he was sharing with a couple identified as Amelia C. Royko-Maurer (female white,~4) and Nathan Royko-Maurer (male white_73). It should be noted that Kramer is also ac~ed with Amelia and Nathan Royko-Maurer. Kramer informed us that the last time that he had personal contact with Heenan was during evening of 11/7/12 between approximately 9:00 and 10:00pm. Kramer explained that on this occasion, Heenan could not start his car due to a dead battery. Kramer explained that Heenan's car was parked in close

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proximity to 1229 East Johnson Street, which is the residence of mutual friends of theirs where they had been the previous evening to watch the Presidential election returns. Kramer went on to state that after receiving this request for assistance from Heenan, he drove his car to the 1200 block of East Johnson Street and jump-started Heenan's car for him. Kramer reported that the following morning, 11/8/12, at some point during the morning hours Heenan called him, which was a call that he did not answer. Kramer reported that Heenan did not leave a message. Kramer went on to state that, noticing that he had a missed call from Heenan, he responded by sending a text message to Heenan asking what Heenan needed. According to Kramer, Heenan responded via text message that he needed to borrow some type of tool, which Kramer did not describe further. Kramer stated that he did not respond to this text message, which was his last communication Heenan initiated with him. As we continued to speak with Kramer, he explained that Heenan recently separated from his wife, whom Kramer did not identify by name. It should be noted that prior to interviewing Kramer, I learned via information in the command post that Heenan's wife had been identified as an individual named Mae Saslaw. Kramer reported that after moving back to the Madison area from New York in July, of transition." went Heenan was going through what Kramer described as "stressful" ' Ir"'ln"il'inn on that this of """'''"lnn been using, he answered, "Nothing out of the ordinary." Kramer did not, however, specifically articulate any other substances that Heenan may have been using during this time frame. Kramer informed us that after Heenan returned to the Madison area this summer, he (Kramer) hired Heenan to help him make renovations on his house. Kramer explained that he had asked Heenan to help with the house renovations because he noticed that Heenan was struggling. Kramer stated that although Heenan was struggling and dealing with alcohol dependency, he was able to function and was in a state that Kramer described as a "good place." Kramer went on to report that during this transition period, Heenan thanked him for permitting him to help with the home renovations as that gave him (Heenan) direction and a sense of purpose during his transitional period in which he moved back to the Madison area after separating from his wife. I continued Kramer's interview by asking him if he had any knowledge as to whether Heenan had ever been diagnosed with a mental illness or had used any drugs or medications that could have caused him to experience delusions or an adverse influence on his behavior. According to Kramer, he was not aware of Heenan having any history of mental illness or delusions. When questioned about any allergies that Heenan may have had, Kramer reported that he was aware that Heenan had some food allergies; however, he did not specify this to any further details. I then spoke with Kramer about his past observations regarding Heenan's personal demeanor and interactions with others. Kramer did not report Witnessing any past adverse reactions that Heenan may have had with others. He went on to state that "everyone that knows Pauly loves Pauly." Kramer did not report being aware of any past conflicts that Heenan may have had with police in other locations. He went on to comment that "this doesn't make any sense" to him. It should be noted that Kramer made this comment in reaction to my question about whether Heenan had had any prior conflicts with police in other locales. I then questioned Kramer about any changes in Heenan's personality when drinking that he may have observed in the past. Kramer responded by stating something similar to when drinking, "Pauly never struck me to do anything abnormal. Not problematic ever stood out."

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I then spoke to Kramer about any knowledge that he had about whether Heenan may have had a history of carrying any weapons. Kramer responded by stating that he was aware that Heenan had a history of carrying a utility knife. While making this statement, Kramer showed me that he was also carrying what appeared to be a multi-tool or utility knife on his belt, indicating that that was the manner in which Heenan had carried a utility knife. I then spoke with Kramer about any other methods that he may have used to communicate recently with Heenan, such as email or Facebook. I learned from Kramer that the only way that he had recently communicated with Heenan, aside from in person, was via text message or phone calls. While I continued to speak about Heenan with Kramer, he described Heenan as a "superstar" and "bright kid." Kramer advised that to his knowledge, Heenan had never ex()rei,se,d exrlrei5se,d tendencies.

I then spoke with Kramer about any knowledge that he had about this incident leading to Heenan's death. Kramer reported that at approximately 4:00am on 11/9/12 he received a phone call from Amelia Royko-Maurer, which he did not answer. Kramer reported that Amelia Royko-Maurer left him a voice message, which he later listened to. According to Kramer, in her message Royco-Maurer asked him if he knew "what was going on with Pauly." He went on to report that Amelia RoycoMaurer conveyed in her voice message that she had heard some gunshots and commotion outside of her residence, prompting her to ask these questions. Kramer reported that at some point after receiving this voice message from Royco-Maurer he called her back and provided her with a phone number for one of their mutual friends, identified as Clifford Hammer of 1229 East Johnson Street, as he would potentially have information about Heenan's whereabouts as she (Amelia Royco-Maurer) was looking for him. Kramer reported that at some point later in the morning Royco-Maurer conveyed to him that she had information from law enforcement that Heenan had been killed. Kramer went on to report that shortly thereafter Amelia Royko-Maurer responded to his house to drop off Heenan's German shepherd for him to take care of. Kramer went on to state that he had learned from Royco-Maurer that the previous evening Heenan had left their residence after articulating to her that he was going out to see a band. Kramer went on to report that he had since heard that Heenan had been out and trying to go home when he made a mistake and entered the wrong house, where a confrontation then ensued. Kramer went on to report that given this information, which he had received from Amelia Royko-Maurer, it was his guess that Heenan mistakenly entered the wrong house and had "no malicious intent." It should be noted that due to Kramer's emotional state and his appearance of trying to contain himself, I did not collect his cell phone as he did not report having any information contained within it from Heenan during the timeframe of this incident. I did not receive any further information from Kramer and concluded our interview with him at 12:34pm. I did learn from Kramer that he has a wife named Heidi K Kramer FIW Kramer did not report any recent contact between his wife and Heenan.

"3.

NFI/jas Supervisory Officer: Reporting Officer:
I.D.: _ __

I.D.: 2304

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DET ROGER B BAKER DET ROGER B BAKER

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Report 80

MADISON POLICE DEPARTMENT
Report Completed: 11/9/2012 Occu rred Incident: Dispatched as: 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/2012 02:46 Dispatch DatelTime: 11/09/2012 06:02 Reporting Officer: DET JUSTINE V HARRIS 3790 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

SUSPECT

PAUL H HEENAN MNV DOB: _1982 (30 yrs) 509 S BALDWimn MADISON WI C:

CONTACT

HOWID'D: CONTACT

MENTIONED EMILY M HEENAN FNV 984 (28 yrs)

NARRATIVE:

1st contact with John Heenan: On 11/9/12, as part of my investigation of the Officer Involved Shooting occurring at 513 S. Baldwin, I was asked to contact the parents of the deceased suspect, Paul Heenan. The parents had been identified as John and Doris Heenan of Oregon, WI. The parents' phone numbers had been given to me by Medical Examiner's Office Investigator, Kurt Karbusicky. Karbusicky had also told me that during his conversation with the Heenans, they had requested that police not respond to their home, but preferred to be contacted by telephone.
I called John Heenan on his cell phone at 12:55 pm. I identified myself and explained to Heenan that I was calling in order to give him contact information from our department. I provided him with the names and contact information for Det. Reisterer and Det. Esser, the lead detectives on this case. I also provided him with my information. I encouraged him to contact any of us if he or his family had questions regarding the investigation.

I also shared the latest press release with Heenan. Heenan was disturbed by the portion that discussed how his son was struggling with the officer. Heenan stated that wasn't his understanding of

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the incident. Heenan also commented that violent confrontations were very out of character for his son. I explained that the press release was based on the various reports and witness accounts we had received so far, and that we would continue to share information about what led up to the incident as we are able. I asked Heenan if he had been in contact with Paul Heenan's estranged wife, Sarah Mae Saslaw. John Heenan stated he and his wife had not spoken to her since finding out about Paul's death. I asked if he knew how to get in touch with Saslaw. Heenan stated that he had a phone number for Saslaw, but that he believed she had recently changed her phone number and wasn't confident the number he had was active. Heenan did provide me with the number he had. Heenan stated he did not have an address for Saslaw but believed she was in Portland. Heenan added that his son, Paul, had been in contact with Saslaw several times a week. Heenan believed we could find contact information for Saslaw in Paul's phone. Heenan stated that Paul has one sister, Emily Heenan. Heenan stated that Emily lives in Raleigh, North Carolina with her husband. Heenan stated that he and his wife have not yet been able to reach her regarding Paul's death. I thanked Heenan and again encouraged him to contact us if he had questions. 2nd Contact with John Heenan: At 3:13 pm, I recontacted John Heenan with some additional investigative questions. I asked Heenan to tell me about the Subaru registered to Paul Heenan. John stated that Paul hasn't been driving that vehicle because the van was beUer for transporting his dogs. I asked John the last time Paul drove the Subaru. John stated he didn't know, but agreed that it was at least a week. John stated it could be as much as a month. I asked John the last time Paul was at their home. John stated that Paul had come over either Wednesday or Thursday to retrieve some tools in order to fix the battery on the van. John was not sure whet time Paul came over as both he and his wife were at work. This was also why he had difficulty remembering the day. John stated that Paul did keep some of his belongings at their home. Johns stated that he keeps some of his musical items, such as his amplifier and drum set. John stated he last spoke to Paul around 3:30 pm, yesterday (11/8/12). John stated Paul sounded upbeat and as though he was "doing great". John stated Paul told him he was taking the dogs to the dog park with Amelia. Again, I thanked Heenan for his time. End of Report

Supervisory Officer:

1.0.: _ __ __

Reporting Officer: OET JUSTINE V HARRIS

1.0.: 3790

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Report 81

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
11/9/2012

17 - Death Investigation 10- Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: DEATH INVESTIGATION Addr of Occurrence: 509 S Baldwin St 11/09/2012 02:46 Call DatelTime: Dispatch DatelTime: 11/09/2012 06:02 Reporting Officer: DET REGINALD PATTERSON 3905 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

CONTACT

CONTACT

MENTIONED PAUL H HEENAN DOB_1982 (30 yrs) 982 S BALDWIN ST 2 MADISON WI EMAIL: NARRATIVE On 11/9/12 Detective Roger Baker and I interviewed Clifford Hammer and his wife, Nicole Miller. Hammer understood that we were there to interview him regarding a death investigation of Paul H. Heenan. During our interview, Hammer and Miller stated the following. Hammer informed us he met Heenan approximately 15 years ago in the band scene. During that time, Heenan had lived with his family in Oregon, WI. Hammer described Heenan as a "roadie" with the band. Hammer stated that their band broke up in approximately 2006. During that time, Heenan had moved out to Brooklyn, NY. Heenan remained in Brooklyn, NY, until approximately July of 2012. Hammer and Miller described Heenan as a loyal friend, mild-mannered, and a "never-say-no guy." Hammer stated that Heenan always wanted to help people and at no time would refuse to help someone. I asked Hammer to describe what he meant with Heenan being out of character. Hammer informed me that Jennifer's roommate Amelia called him concerned about a physical altercation that happened outside their residence. Hammer informed Detective Baker and me that Heenan was living with a friend, Amelia LNU, her husband Nate, and their child. Hammer stated that Heenan being involved in any type of disturbance was out of his character. Hammer then went to describe that Heenan, however, does get "cocky when he drinks." Hammer stated that he had never seen Heenan actually fight during these times but stated that he becomes very confident when he's been drinking. Hammer stated that Heenan was known to drink and to take drugs in the past. Hammer described Heenan as drinking more since he returned from Brooklyn, NY. Hammer stated when Heenan returned, he returned with his wife of three years, and stated that they were going through a separation. Hammer said that Heenan was going through a rough spell, they were having marriage

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problems, and that Heenan's wife, who came with him to Madison, had left to go to Portland, OR. Hammer stated that Heenan had been frequently drinking since his return to Madison. Heenan had used drugs, including pills, powder cocaine, Oxycontin, Adderall, and Tramadol. When asked for clarification, Hammer stated that he has used cocaine with Heenan back in Brooklyn, NY. Hammer admitted to previous use with Heenan. More recently, Hammer informed me that he had a Hammer stated that he would occasionally give of his on the information Hammer provided, is I did clarify he used the drug for his own personal time give Heenan a pill. Hammer informed us that he believed that the increased alcohol use may have been a substitute to get away from the pills and narcotics. When asked, Hammer informed us that it would not be hard for Heenan to get drugs via the music scene because during the music/band scene, it's not hard to get connected to someone who would have drugs. Hammer stated he last saw Heenan on 11/6, the election night. Hammer stated that he and Miller invited multiple friends over to watch the election results and drink beer. During this time, Hammer stated that, to his knowledge, Heenan only had a couple of "High Lifes." Hammer did inform us that Heenan was a heavy smoker of cigarettes. The last communication Hammer had from Heenan was a text sent on 11/8 and the text was sent in a combination of German and Spanish, stating, "What's going on?" Hammer stated he informed Heenan via text that he was at his uncle's funeral and Heenan texted back, "Boo." Detective Baker and I asked Hammer and Miller if they had any additional information about Heenan's death the morning of 11/9/12. Hammer stated that he heard that Heenan was going to check out a couple of bands to scout; the location was unknown. Hammer stated at about 5:00am today he heard from a call that he received from Amelia that something bad had happened to Heenan. Hammer went on to state that he believed that Heenan was pulling himself out and was excited about moving out of his parents' house and closer to his friends at the Baldwin Street address. Prior to the conclusion of our interview, Detective Baker and I had asked if there was anything else that would help us get a better idea of who Heenan was as a person. He stated that Heenan had gone through the some rough patches and stated that sometimes he has a depressive state. To Hammer's knowledge, there was no mental health history. Hammer also stated he did not believe that Heenan had any bad dealings with police in the past. Hammer, however, mentioned that he knows Heenan had police contact years ago in Washington, DC, when he was beaten up after an Obama rally. Hammer went on to describe Heenan as sometimes stubborn, no history of weapons, but always carried a "Leatherman" pocket/utility knife on his person. Hammer stated that Heenan being the handy guy that he was, it was not uncommon for him to have tools in his possession. When asked about any possible medical problems, Hammer stated that he knows that Heenan was allergic to~nd that if he came in contact w i t h _ he would require a histamine shot. Prior to D~aker and my departure, we provided Miller and Hammer our business cards and informed them to contact us if they had any questions or concerns regarding the investigation. NFI/jas Supervisory Officer: Reporting Officer: DEl REGINALD PATTERSON
1.0.: _ __

1.0.: 3905

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Report 82

MADISON POLICE DEPARTMENT Report Completed: 11/9/2012 Occurred Incident: Dispatched as: 10- Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET JOHN MESSER 3096 Special Routing:

From DateiTime: Thru DateiTime: Report sent:

SUSPECT

PAUL H HEENAN MfW DOB:_1982 (30 yrs) 509 S BALDWIN ST 2 MADISON WI

NARRATIVE On 11/9/12 I was asked to assist in an officer-involved shooting investigation that occurred at 513 South Baldwin Street. I was specifically asked to assist Detective Luedtke in performing a search of the suspect's apartment, identified as Paul Heenan. Heenan's apartment was located at 509 South Baldwin Street #2. I was briefed that Detective Diane Nachtigal had received consent from apartment renters to enter and search for evidence. Assistant District Attorney Mary Ellen Karst was present for the conversation and agreed that we had legal grounds to enter the apartment. Detective Luedtke and I went to 509 South Baldwin Street and met with Detective Julie Johnson, Detective Nachtigal, and Medicolegal Investigator Kurt Karbusicky. Detective Nachtigal was in possession of keys to the apartment. Prior to entering the apartment, Detective Nachtigal had to leave and left me in possession of the apartment keys. At 12: 11 pm, once Special Investigator Herb Mueller arrived on scene, we entered the apartment to search for possible evidence. Entering the apartment at 12:11pm were me, Detective Luedtke, Detective Julie Johnson, Investigator Mueller, and Medicolegal Investigator Karbusicky. Detective Nachtigal had informed us that Heenan's bedroom was located up a flight of stairs and on the right side of the landing. Upon going up the stairs, I did enter the room to the right, which contained a small sleeping area immediately to the right, which consisted of a blanket and sleeping bag on the floor. On top of this sleeping area was a letter address to Paulie Heenan. While being briefed, I was told that there had been a letter received from his current wife, who resides in Portland, Oregon, and that it was possible Heenan was upset about receiving this letter. Photos were taken by Investigator Mueller. Below is a table containing the items recovered from Paul Heenan's bedroom: Item # 1 2 2A 2B 2C Description Letter addressed to Paulie Heenan baQ Contents from book bag Notebook containing musical lyrics and notes Personal documents, including medical discharge Ipaperwork 1 thumb drive. 1 Seagate 320GB external hard drive SeaQate Tag # Tall 291365 291366 291367 291368 Where Located On top of sleeping location sleepinQ On floor next to door In book bag In book bag In book bag baQ
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325mg tablets, t o _

291369

291384

With the assistance of Detectives Luedtke and Johnson, these items listed above were placed in paper bags and removed from the apartment We exited the apartment at 1:OOpm and I locked the door with the keys given to me by Detective Nachtigal. I then turned the apartment keys over to Jane Lombardo of the VictimlWitness Unit to be given back to the leaseholders. Detective Luedtke and I then returned to the Central Police District Investigative Bureau, where the items were separated from paper bags and placed in individual evidence bags and tagged as listed I above. The pills as item #3F then referenced at the Drugs.com website. These pills were shown to be pills, not a controlled substance. See attached printout from Drugs.com website. Attached to this report are photocopies of Item #1, the letter recovered from the sleeping area; Item #2B, photocopies of the personal documents recovered from the book bag; Item #3B, a photocopy of the checkbook; and copies of Item #7 and Item #8, the letter to Mae contained in the notebook. All evidence was property-tagged with the above-listed tag numbers and placed in Locker No. 21 of the CPD property room. NFlijas Supervisory Officer: Reporting Officer: DETJOHN MESSER I.D.: _ __

I.D.: 3096

01109/2013

264 44175 imprint (acetaminophen 500 mg) _ Drugs.com _ Print Version Id-- :X>VL-,/d-

283

Page 1 of3

Dr'lIgs:com.
44175
Pill imprint 44175 has been identified as Acetaminophen 500 mg. Acetaminophen is used io the trealment of pain; muscle paio; fever; sciatica; transverse myelitis and belongs to 1I1e drug class miscellaneous analgesics. FDA has not classified the mug for risk during pregnancy. Acetamioophen 500 mg is not subject to the Controlled Substances Act. See also related docmnents.

Acetaminophen Imprint: 44175 Strength:
SOD mg

Color: White Shape: Elliptical/Oval Availability: Rx and/or OTC DlUg Class: Miscellaneous analgesics Pregnancy Category: N - Not classified CSA Schedule: N - Not a controlled dlUg Manufacturer: IV AX Phamlaceuticals Inc.
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Report 83

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as: 11/12/2012 10- Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer Involved Shooting Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/2012 02:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: INV MARIE K BURGETTE BACH 2242 Special Routing: DET RIESTERER

From Date/Time: Thru Date/Time: Report sent:

On Friday November 9,2012 I responded to work at 4:00 am to assist in the investigation of the Officer Involved Shooting at 513 S Baldwin St. I had been asked by Inv. Mc Evoy to photograph the clothing of Officer S. Heimsness and process his duty belt, handgun and clothing. At approx. 4:20 am, I made contact with Officer Heimsness who was dressed in his full military uniform. I photographed the clothing he wore from the front and back. I photographed both shirt sleeves and the left hand of Officer Heimsness. I collected a buccal swab sample at 4:35 am from Officer Heimsness after reading the City of Madison Police Department Consent form for Buccal Swab DNA Sample Collection. Officer Heimsness printed and signed his signature, along with Officer Dan Frei and myself signing the document. The copy of the original form is attached to this report. I maintained the swab sample until air-dried and packaged into evidence placing it into my locked cabinet within the Forensic Service Unit Lab. I had Officer Heimsness remove the magazine from his Glock 17 handgun which was placed into a gun box. The handgun was cleared as one 9mm bullet was ejected from the chamber as I observed. The handgun with serial number CGK 156 US was handed to me to verify the gun was unloaded and made safe. I completed photographs of the handgun and the rounds still contained in the magazine that had been within the gun. There were 14 unused rounds of 9mm hollow point ammunition still in the magazine. The magazine at full capacity has 17 rounds and Officer Heimsness states he 'tops off meaning a total of 18 rounds within the gun at the time of his shift today prior to the shooting. Officer Heimsness was given a replacement Glock 17 Serial number GYT 967 as standard procedure. The handgun, magazine, and single bullet were placed into my locked cabinet within the Forensic Service Unit Lab. I was advised that the entire duty belt that Officer Heimsness was wearing would be collected as well as the shirt and pants he had been wearing. I collected his duty belt that had two loaded magazines (bullets), a Taser (loaded), baton, second cartridge for the taser, portable radio, multi-tool, AR 15 magazine, gloves, set of keys, the gun holster, OC spray and double handcuffs. All items mentioned above were contained in specific nylon holders for the duty belt along with snap belt clips to hold the duty belt in place. Officer Heimsness asked for one set of handcuffs to keep with his person and one was removed from his belt. I placed the duty belt into my locked cabinet within the Forensic Service Unit Lab. I collected Officer Heimsness uniform shirt placing it into a paper bag. I collected his cargo uniform pants placing them into another paper bag. These items were maintained by me placed into my locked cabinet within the Forensic Service Unit Lab. I completed photographs of Officer S. Troumbly in her uniform from the front and back. All images taken were downloaded into the Mideo evidentiary system within the Forensic Service Unit. I completed my assignment with the Officers at approx. 5:50 am.

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It was determined that I would be attending the autopsy of Paul H Heenan MfW DOB at 8:30 am. I attempted to verify if there were recorded fingerprint records within the state or Dane County jail/system. I was unable to locate any previous records prior to the autopsy. I was told Investigator B. Shaul would be assisting me with the collection of evidence at the autopsy and I changed out of the uniform I was currently in, to a new, clean uniform (including shoes) prior to attending the autopsy. Inv. Shaul and I were accompanied by Detective Vosburg and arrived at the Dane County Morgue at 8:30 am. We made contact with Dr. Tranchida and Robert Ponce (DC Morgue Manager).

_82

I completed photographs throughout the autopsy that included the Body Bag seal # 0055950 prior to X-Rays that were completed at 8:45 am. I photographed the entire body clothed (both hands covered in paper bags) and unclothed, unwashed and cleaned, the injuries seen on the right arm, chest, back, forehead and left hand. There had been AED pads that were on Heenan's chest that were removed. The pads were collected at 10:04 am. I photographed sets of keys on a black carabiner, personal papers, $ 7.51 in cash/coins, black wallet, cigarettes and lighters, Apple iPhone 4, and bullets that were removed from Heenan. We collected the clothing he had been wearing after photographs were completed of the holes seen inlthrough the fabric in various locations. Heenan had been wearing a polo shirt, sweater, black coat, underwear, blue jeans with belt, scarf, pair of socks with black Converse shoes. Dr. Tranchida and I determined the Madison Police would collect a separate autopsy kit along with swab samples, hair samples and fingernails clippings. The autopsy kit contained blood samples, DNA card, urine, stomach contents, liver samples, bile and brain samples. The kit was completed and turned over to Del. Vosburg at 1:57 pm for transport to the WSCL. The autopsy included photographs of the gunshot wounds to the right bicep (outer) and the inner side of the upper right arm, the armpit (chest), two wounds to the top of the chest and the left index finger. There was a small wound to the inner side of the left thumb in conjunction with the index finger that was photographed. The back chest was photographed for a gunshot wound. All photographs of the wounds are in the original state, cleaned and cleaned with scale. The internal examination began and photographs were taken throughout showing the path of the bullets and the internal organs that were affected from the bullets. Silver colored rods were seen as placement was made by Dr. Tranchida throughout the body. The first bullet recovered was labeled A at 1:02 pm. It was collected. The second bullet located was called C at 13:20 pm. This bullet had dark colored fibers attached to its edges that were maintained. Del. Acker arrived at the DC Morgue and we discussed the transfer of evidence. I determined that the papers collected from the black wallet along with the cards (business, credit, identification) would be turned over to her at 12:03 pm. Collection of head hair samples, pubic hair samples, rectal, oral and penile swabs were collected. Swab samples of the right and left hand, right and left cheek, right and left chin were completed as well. All swab samples were given to me at 1:42 pm. The autopsy continued and was completed at approx. 2:30 pm. I completed an inked print collection of Heenan's fingerprints from both hands excluding the left index finger and left thumb due to injury. These inked prints were maintained by me. I returned to the CCB Property Intake Air-drying room to place the clothing collected from the autopsy. This included the AED pads, green polo shirt, grey/white striped sweater, the green/gray striped scarf, black coat, blue jeans, blue briefs, white socks, black All-Star Converse size 10 shoes. The white sheet that had wrapped Heenan was collected at 3:30 pm from the DC Morgue and placed with the air-drying clothes. These will be packaged and placed into property after completion of air-

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drying. I attempted to gain access to the iPhone of Heenan's but the battery was depleted. I charged the phone in the Forensic Service Lab but was unable to access the phone due to pass code protection. I packaged the phone and placed it into evidence under Property Tag # 291389. I placed the remaining evidence in to my locked cabinet within the Forensic Service Unit Lab. On Sunday November 11, 2012 I returned to my locked cabinet and packaged the evidence from this case. All items were placed into Property except for the air-drying clothes mentioned previously. See the following chart for further details.

Item Number
1 2

Item Description
Apple iPhone 4 Buccal Swab Sample (dynarex 4305 Lot 21093 Heimsness Heimsness Duty Belt - Taser C22 (Insert H091532754) Glock 17 Handgun, 1magazine clip (14 rounds) 1 bullet Heimsness Uniform Cargo Pant Heimsness Uniform Shirt (lonQ sleeve) Right Hand Paper baQ Left Hand Paper bag Black Wallet (empty) Body Bag Seal # 0055950 Cash - 1 $5, 90.25, 1-0.10, 30.05, 1-0.01= $7.51 Silver color metal 'Zippo' lighter Yellow Bic lighter, Carmex tube, wrapper 15 unused Winston ciQarettes

Location Collected
DC Morgue FSU Lab

Time Collected
10:52 am 4:35 am

Property Tag Number
291389 291479

3

FSU Lab

5:00 am

291482

4

FSU Lab

4:50 am

291478

5

FSU Lab

5:15 am

291480

6

FSU Lab

5:10 am

291481

7 8 9 10 11

DC Morgue DC Morgue DC Morgue DC Morgue DC Morgue

9:57 am 9:58 am 10:44 am 3:30 pm 10:45 am

291488 291490 291492 291495 291498

12 13

DC Morgue DC Morgue

10:47 am 10:48 am

291501 291503

14

DC Morgue

10:49 am

291505

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14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

Gold box, 1 used cigarette Bullet A Bullet C Head Hair Samples Sam[lles Left Hand Swab RiQht Right Hand Swab Left Cheek Swab Right Cheek Swab Left Chin Swab Right Chin Swab Rectal Swab Oral Swab Penile Swab Left Hand Finger Nails Right Hand Finger Nails Pubic Hair Samples Inked Fingerprint Sample

DC DC DC DC DC DC DC DC DC DC DC DC DC DC

Morgue Marque Marque Morgue Morgue Morgue Morgue Marque Morgue Morgue Morgue Morgue Morgue Marque Morgue Morgue Marque Morgue Morgue

10:49 am 1:02 pm 1:20[lm 1:20 pm 1:42pm 1:42pm 1:42 pm 1:42 fJm 1:42pm 1:42 pm 1:42 pm 1:42 pm 1:42pm 1:42pm 1:42pm 1 :42jJ11l 1:42pm 1:42pm 1:42 pm 2:20 pm

291505 291507 291508 291512 291513 291514 291515 291516 291517 291518 291519 291520 291 521 291522 291523 291524 291510

DC Morgue DC Morgue DC Morgue

Supervisory Officer: Reporting Officer:

_ _ _ _ _ _ _ _ _ _ _ _ I.D.: _ __

I.D.: 2242 INV MARIE K BURGETTE BACH

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288'

CITY OF MADISON, POLICE DEPARTMENT CONSENT FO:RM FOR BUCCAL SWAJl DNA SAMPLE COLLECTION

Investigators on tlrip case' are asking for your cooperation and 'assistance, requesting that you voluntarily provide DNA cheek cell samples for investigative purposes. It has been fully explained to me and I fu)lyunderstand that the results of the analysis of my DNA may be used as evidence against" roe in a criminiU prd~ee~ng.

1-2~~~~~~~~ ______~ ~ ~ I~~~~~~~~~

____ ___

(Name)
voluntarily give Madison Police Dete~1 /Officer: consent to collect my DNA via buccal swab sample.

Date

.

(.

'Witness

Full Name and Middle Initial 5-rWt-fet-.-J F Race
i,V

;!-e:-//VI.SVC$5'

DateOfB:lrth.

~~

BomeAddress _ _ _ _ _ _ _ _ _ _ _ _~_ _ _._ _ _ _ _ _ _ _ _ __
__ Borne Ph. # _ _ _ _ _ _Ce!l Ph. #_ _ ~_

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Report 84

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
11/9/2012

17 - Death Investigation 10- Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Secl Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: DEATH INVESTIGATION Addr of Occurrence: 513 S Baldwin St 11109/201202:46 Call Date/Time: Dispatch Date/Time: 11/09/201206:02 Reporting Officer: PO ROBERT W VEATCH 2879 Special Routing:

From DatelTime: Thru Date/Time: Report sent:

OFFICER INFORMATION: I was dressed in full military-style uniform, operating unmarked TEST squad 426, assigned to TEST as unit 1634. OFFICER NARRATIVE On 11/9/12 shortly after coming on duty at noon, I was advised by Sergeant Eric Tripke to respond to 513 South Baldwin Street for an assignment. I arrived at approximately 12:25 at the intersection of South Baldwin Street and Jenifer Street. I checked in with Sergeant Tripke, and he directed me to relieve Officer Paul Dailey, who was at this same intersection at the outer perimeter, which was roped off with crime scene tape. At approximately 12:30pm I relieved Officer Dailey so he could take a break at this intersection. While I was at this intersection, several residents arrived to go to their addresses. After identifying each of the residents, they all advised me that they had already been talked to and interviewed. The first residents arrived at approximately 12:31pm, going to.outh Baldwin Street. They were identified as Ian K. Anderson (male white, ! l 7 9 ) and Rebecca A. Schroeder (female white,~1) and their 18-month-old son. As I finished i enti ying them, Sergeant Rahim Rahaman arrived a'!"iii'Y location and began speaking with Anderson, and I was aware who they were and Sergeant Rahaman escorted them to their residence at.outh Baldwin Street. At approximately 12:38pm two more residents came and advised that they were going to.South Baldwin Street, which is located on the northwest corner of Baldwin and Jenifer. Both of ~ residents stated they had already been talked to by police and interviewed and did not need to be interviewed again. They were identified as Jeremy P. Lund (male white, _ _78) and Emily R. Schendel (female white,.89). Because their house was on the corn~ere I was standing, I just watched them walk up to the front porch and go in the house. A short time later when another person showed up at my intersection wanting to go into one of the houses, Detective Julie Johnson was there with me and advised me that she would escort the female white to the address she was going to and advised me I did not need to identify people that came in unless they had not been talked to. At approximately 2:25pm we were advised we could take down the crime scene tape and CV1 left the area at approximately 2:30. At approximately 2:32pm we were advised by Lieutenant Strassman that we needed to put tape back up and continue blocking the street for vehicle traffic. At that time I put up tape again on the northeast corner, which is the odd side of South Baldwin Street. Lieutenant Strassman stated that he just didn't want anyone walking down the odd side of South Baldwin Street, but people could walk on the north side of South Baldwin Street. I maintained this position until we were advised by Lieutenant Strassman that we could take all tape down and clear the scene at approximately 4:30pm.

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NFlljas
Supervisory Officer: Supervisory Officer:

1.0.: _ _ 1.0.: _ ___

Reporting Officer: Reporting Officer: PO ROBERT W VEATCH

1.0.: 2879 1.0.: 2879

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Report 85

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
11/11/2012

10 - Residential Burglary 10 - Residential Burglary

Case No: -320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET MARY J COPELAND 0811 Special Routing:

From DatelTime: Thru Date/Time: Report sent:

CONTACT

HOWID'D: STATUS:

SEAN PWELCH MIW DOB: _ 9 7 1 (41 yrs) 552 TROY !JR"'MADISON WI C : _ VERBALLY 1 WISCONSIN PHOT~ INTERVIEWED AT HIS RESIDENCE

OFFICER NARRATIVE: On 11/9/12, at approximately 4:00 p.m., I responded to the Troy Dr address accompanied by Detective Angie Dyhr. Upon arrival at the residence, Detective Dyhr and I made contact with Sean Welch, who was outside with his 3-year-old son. Detective Dyhr and I identified ourselves as detectives with the Madison Police Department and asked Welch if we could speak to him, to which Welch responded yes, and invited Detective Dyhr and me into his residence. Welch escorted us into the kitchen area of his residence, and Detective Dyhr and I obtained the following information. I began to explain to Welch that Detective Dyhr and I were investigating an empty prescription container, which listed Welch's name, and was a prescription f o r . . - tablets. Detective Dyhr and I were somewhat vague about where the prescription contai~ated, but I told Welch that near the downtown area. Welch said that he was the empty container been located in in the past two months and believed that he obtained experiencing some of 2012. Welch said that he used the some prescription prescription medication for a few days, however he knows that he did not finish the prescriptions as he recalled getting stomach upset from taking the prescriptions. Welch went to his kitchen cupboard and grabbed a pill container from the cupboard. The container he grabbed from the cupboard was a prescription for ~ablets. Welch said that this medication is a _ _ The date on thi~ as 9/10/2012, and the doctor listed on the p~a _ who Welch indicated operates out of the clinic for Physicians Plus on Northport Dr. This ~escription had a total quantity of 21 tablets, and I noted that there were 8 left in the prescription. The prescription number is listed as follows:~elch told us that his regular doctor is _ _ Welch insisted that he~nyone a container of his prescription med~began to tell Detective Dyhr and me that he gave a friend of his a couple of the tablets, as this friend of his indicated that he had recently hurt his back. Welch went on to tell Detective Dyhr and me that he believed there were only two tablets left in the container and that he recalled placing the two tablets in his pocket, and at a meeting in regards to a musical group that Welch is in he would have given his friend, who he referred to as Paulie, two of the tablets. Again, Welch insisted that he believes that he would have thrown the empty container into the trash and claimed that he has no idea how his prescription container would have ended up somewhere else.

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Welch explained to Detective Dyhr and me that the friend he was referring to, who he identified as Paul or "Paulie" Heenan, is a "good friend" who he has known for over 10 years. Welch indicated that Paul had moved away to New York for approximately 10 years, and that they did lose touch for a period of time; however, upon Paul returning to the Madison area, Welch was very interested in reconnecting with Paul for the purposes of his musical group. Welch went on to say that he knows that Paul is in the process of a divorce and does not currently have any health insurance. Welch said that he remembers having a conversation with Paul about the possibility of Paul getting enrolled in BadgerCare so he would be able to see a doctor for his back pain. Welch described Paul's involvement in music as a musician/engineer involved with technical type instrumentation and mixing. I asked Welch when the last time was that he had talked to Paul and Welch said he believed it would have been on Tuesday, November i". Welch said that there was a text message between Paul and himself and also a very brief phone conversation in regards to the two of them getting together for a "writing session," as Welch said that he had requested Paul's help in writing some musical scores. Welch told Detective Dyhr and me that he and Paul had made arrangements to get together on Tuesday, November 14. Welch went on to say that he had been working with Paul at a recording studio in the Williamson St area, referred to as the DNA Studios. Welch indicated that Paul had worked at this particular studio before he had left the Madison area, and again moved to New York for approximately 10 years. Welch indicated that he recalled seeing Paul briefly on November 2 nd at the High Noon Saloon in regards to a band that was playing there. I asked Welch if he believes that this was when he gave Paul the _ p i l l s , and Welch stood up to look at his calendar on the wall and indicated that he believed he gave the pills to Paul sometime in the middle of October, possibly the 14th , 15th , or 16th . Again, Welch began insisting that he would never give a prescription bottle with his name on it to anyone else. Welch went to the cupboard in his kitchen again and produced another prescription nrE,sc,riotinn bottle, which had a date on it of September 27,2010, and was a prescription for I noted that the original prescription was for 24 tablets and that there

I asked Welch if he had ever had members of his band to his house, and Welch explained to me that he believed it would have been in July of 2012 that he had a cookout and there were members of his band that attended. I asked Welch if Paul would have been at the cookout in July and Welch said that Paul has never been to his house. I asked Welch if he knew where Paul was currently living and Welch said that he did not know exactly where Paul was living, however he knew that Paul had a dog and believed he had found a place where he was living with a couple roommates. Welch said that he has also never been to Paul's residence. I asked Welch if he had any information in regards to other individuals who Paul may have obtained prescription medications from, and Welch said that he was not aware of anybody else and did not believe that Paul was abusing medication and/or using drugs. Detective Dyhr asked Welch what his opinion was based on, and Welch indicated that Paul has always been pretty reliable in regards to appointments as far as the band engagements. Welch did indicate that he does not really spend time with Paul outside of the prearranged musical events. Welch did not have any additional information. Detective Dyhr and I both gave Welch our departmentissued business cards should he have any additional information and/or questions. Welch did request additional information in regards to his prescription container and wanted to know exactly where it was found. Detective Dyhr and I explained to Welch that we could not provide him with any additional information at this time as it was an ongoing investigation. Investigation continuing. Supervisory Officer:
I.D.: _ __
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293

Reporting Officer: DET MARY J COPELAND I cmb

I.D.: 0811

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Report 86

MADISON POLICE DEPARTMENT Report Completed: 11/12/2012 Occurred Incident: Dispatched as: 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: DEATH INVESTIGATION Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET TRACIE A JOKALA 3234 Special Routing:

From Date/Time: Thru Date/Time: Report sent:

PAUL M LOGAN MNV DOB:~964 (48 yrs) W: (608) 283-2914 EMPLOYER: SUPPORT SERVICES MANAGER, DANE COUNTY 911 HOWID'D: VERBALLY STATUS: CONTACTED AT WORK PROPERTY INFO' Status Tag # Code E 291565

CONTACT

Lkr# CCB40

Description 911 Call and Police Radio Traffic overlapped recording

NARRATIVE: On 11/12/12, I was asked by Del. Michelle Riesterer to assist with a timeline of this incident, particularly for the dispatch 911 call and radio traffic. Del. Riesterer forwarded me a series of files that included recordings of this. However, the 911 call and the radio traffic were divided into files, and it was difficult to ascertain whether there were time gaps. I subsequently responded to the Dane County 911 Center, and made contact with Paul M Logan, the Support Services Manager. Logan was able to retrieve the aforementioned recordings on a computer. Further, he was able to play the 911 call to dispatch simultaneously with the police radio traffic. Logan provided me two CD's of this recording, which begins with Megan O'Malley's call to dispatch and ends shortly after the shots were fired by PO Steve Heimsness. I provided one working copy CD to the command post, and property tagged the other as noted above. Logan also explained why the dispatch recordings are divided into separate files. When there is a lack of radio traffic for more than (he believed) 5 seconds, the digital recording system stops recording. Much like a motion-sensor camera. Conversely, when utilizing the 911 Center software, this gap is evident and the time lapse length can be heard/observed. Logan stated he is familiar with the explanation of this situation and has explained it previously in court hearings. Because the exact time (real time) of various moments in the recordings can only be obtained from the actual software program in the 911 Center, I listened to the call and recorded the times of various moments. One cannot glean this information by listening to the CD format; it can only be obtained by using the software program in the 911 center. Listed below is the transcript of the 911 call and the

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police radio traffic, respectively, along with the real time it took place. I personally transcribed the recordings:
911 Call

(Call Taker) (T) : "911. What's the address of the emergency? (2:45:17 am) Caller (C): "513 South Baldwin." T: "Is that a house or apartment?" C: "House." T: "Can you repeat the address for me so I get it right?" C: "513 South Baldwin." T: "And that's the City of Madison?" C: "Yes." T: "And w!i!iiat's the hone number you're calling from?" C: I!Um, T: "And w at s your name?" C: "Megan O'Malley." T: "Tell me exactly what happened." C: "I just, I just left the key in the door from walking the dog, and I just heard barking, and I just heard (inaudible) somebody in our house, and my husband just went downstairs." T: "Somebody went into your house?" (2:45:50 am) C: "Somebody was coming into the house. My husband just went downstairs, and I'm upstairs with the kids, and our dog went down there (inaudible) barking now" T: "Okay, so somebody's inside your house, you're saying?" C: "Yes." T: "Okay, so they're on the main level, your husband's in the basement, and you're on the second floor?" C: "They're on the main level, and I'm on the upstairs, yeah." T: "Okay, and your husband is down in the basement? He went down to go - " C: "He went down to the door and I just said is everything ok? And he said yes, but I don't know, I have no idea what is going on." T: "Okay. Any weapons involved or mentioned?" C: "I have no idea. Not with us, no." T: "Okay, are you in immediate danger?" C: "I don't know." (2:46:33 am) T: "Okay, just tell me if you feel unsafe at anytime, is anyone else in any immediate danger?" C: "Um, ye- I mean I'm gonna say yes, I don't know, I'm upstairs with the kids, ya know?" T: "Okay, where are they exactly now? The people that are in danger?" C: "Um, well, I'm upstairs in the bedroom." T: "You're all upstairs in the bedroom except for your husband?"
II

c: "Yes"

T: "So where's he?" C: "He went downstairs. T: "Okay, is anyone injured?" C: "No." T: "Okay, do you have any description of the person that entered your house?" C: "No, no. T: "Okay, and where did he enter the building?" (2:47:09 am - Call is Dispatched) C: "The front door." T: "Where are the possible exits from the building?" C: "Um, the back door."

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T: "Just the front and back door?" C: "Mm hmm." T: "Is there anyone else in the building that belongs there? You said your husband and your kids?" C: "Um, just my husband and my kids." T: "How many kids?" C: "Four." T: "Okay. Stay on the line with me. T: "So your husband went down there to check, to see what's happening basically." C: "Yeah, yeah." T: "And you haven't heard anything from him?" C: "Correct." (pause) Weill said 'do you want me to call 911?' and he said 'no, it's okay', but I have no idea what's going on, you know." T: "Sure." C: " I also want one other thing to be for the (inaudible word) when somebody comes - it's okay Dustin, it's going to be okay. I understand (inaudible) that's why we're on the phone. It's going to be okay, you're okay. T: "Okay. So you haven't heard anything else from your husband?" c: "No." T: "Okay." C: (inaudible) come up here (inaudible) (child's voice in background) everything's okay. I'm on the phone with 911. (inaudible) get into our house. You don't know ... T: "There should be officers pulling up right now." (2:48:28 am) C: "Okay." T: Stay on the line with me. They're gonna check outside." C: "I would like to know when they check in with my husband. That's what I'm concerned about." T: "Okay, just so I can tell them what your husband's wearing so they don't confuse him for - (caller interrupting) what's that?" C: "Grey t-shirt and plaid pajama bottoms. His, has light brown hair. (2:49:07 am) No (inaudible) or anything. 38 year old male, white T: "Okay." C: (inaudible) "Everything is gonna be okay. 'kay?" C: "It's okay, everything's gonna be okay." Three successive gunshots audible. (2:49:54 am) T: "That should be the officers now. (In background child's voice: "Mom, mom, (inaudible) C: "I don't know. I'm not, they're here, they're here." T: "Stay in your room, stay in your room. Lock the door and stay exactly where you are. Lock the bedroom door, right now." (Crying children in background). C: "I can't lock the bedroom door." T: "Okay, keep the kids exactly where they are, keep them with you." Dispatch Tape: Dispatch: "5 David 7" (2:47:09 am) Dispatch: "David 7" Dispatch: "4 David 11" 4D11: "David 11" Dispatch: "David 7, David 11, possible B&E in progress. 513 South Baldwin. South of Spaight. Caller can hear someone in the house." D7: "7 copy." Dispatch: "David 1, I'll have you start that way also."

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01: "10-4" (31 sec) 508: "David 8, This is unfounded. I'm en route" Dispatch: "Copy, David 8 en route also." 014: "David 14, I'm on Patterson and East Wash, I can go for one of the other units." Dispatch: "Copy that. 5 David 1, you can disregard for now." (2:47:46 am) 01: "David 1, I'll go for 11." Dispatch: "You're gonna for for 11 instead?" 01: Inaudible Disptach: "Copy. David 11 10-8." 011: "10-4" C2: "Charlie 2 in the area." Dispatch: "Charlie 2 in the area." 508: "David 8 23" (2:48:43 am) Dispatch: "Copy David 8, caller heard someone come in the front door, husband went down to see what was going on, she's still upstairs with four kids." Dispatcher: "5 David 8?" 508: "David 8." (2:49:28 am) Dispatcher: "Husband's wearing a grey t-shirt and plaid pajama bottoms." (2:49:33 am) 508: "-side there's a fight." (2:49:39 am) 014: "David 14 out" (2:49:45 am)' Dispatcher: "David 14 out." (Shots fired at 2:49:54 am - audible on 911 call recording) 508: "08, shots fired, suspect down, we are 10-2" (2:49:58 am)' Dispatcher: "Copy 508, shots fired, suspect down, emergency traffic on channel 1 yet."

SUMMARY 2:48:43 - 5D8: "David 8 23" Dispatch: "Copy David 8, caller heard someone come in the front door, husband went down to see what was going on, she's still upstairs with four kids. " 45 seconds elapse 2:49:28 - 5D8: "David 8" (responding to prompt from Dispatch) Dispatch: "Husband's wearing a grey t-shirl and plaid pajama bottoms." 11 seconds elapse 2:49:39 - 5D8: "-side there's a fight 6 seconds elapse 2:49:45 - (Troumbly) D14: "David 14 out." 9 seconds elapse 2:49:54 - Three shots fired, audible on tape. 2:49:58 - 5D8: "David 8, shots fired, suspect down, we are 10-2."

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End of report. Supervisory Officer:

I.D.: _ __ __

Reporting Officer: DET TRACIE A JOKALA

!.D.: 3234

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Report 87

MADISON POLICE DEPARTMENT Report Completed: 11/12/2012 Occurred Incident: Dispatched as: 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL MARQUETTE Grid:

OFFICER-INVOLVED SHOOTING INVESTIGATION Case Offense: Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11109/201202:46 From DatelTime: Thru DatelTime: Dispatch DatelTime: 11109/201206:02 Report sent: Reporting Officer: OET GREGORY SESSER 2779 Special Routing:

WITNESS

KEVIN T O'MALLEY MNV DOB~973 (39 yrs) 513 S BALDWIN ST MADISON WI C

NARRATIVE On 11/10/12 at approximately 11:20am Detective Michelle Riesterer and I went to 513 South Baldwin Street in an effort to try and make contact with Kevin O'Malley and/or his wife, Megan O'Malley. Detective Riesterer and I wanted to check in with Kevin and Megan O'Malley and see how they were doing and simply follow up with them about this investigation. Upon arrival outside of 513 South Baldwin Street, we were met by an unknown white male neighbor who approached us and informed us that the O'Malleys were not at home at this time. This unknown neighbor indicated that he believed that the O'Malleys were trying to lay low and possibly get away from the area for privacy reasons. As well, this unknown neighbor indicated that he thought that the O'Malleys needed some space. As we were talking to this unknown neighbor, I observed a vehicle drive by the house that I thought was being driven by Kevin O'Malley. This car circled the block, it seemed, and approximately one or two minutes later Kevin O'Malley came walking up towards us. Kevin O'Malley walked right past Detective Riesterer and me and went inside of 513 South Baldwin Street and closed the door. Detective Riesterer and I then thanked the unknown neighbor for talking to us, and he walked away. Detective Riesterer and I then walked up onto the front porch and I knocked on the front door. After knocking on the front door, Kevin O'Malley came to the front door and opened the front door. Kevin answered the door and I could tell from Kevin O'Malley's demeanor that he was not really in the mood to speak with us. Kevin appeared to be sort of glossy-eyed and upset. Upon seeing this, I asked Kevin O'Malley if he needed some space, and he stated that he did and promptly closed the door on us. Investigation continuing. NFI/jas Supervisory Officer: Reporting Officer: OET GREGORY SESSER
1.0.: _ __

1.0.: 2779

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Report 88

MADISON POLICE DEPARTMENT Report Completed: 11/12/2012 Occurred Incident: 10 - Residential Burglary Dispatched as: 10 - Residential Burglary Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/2012 02:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET DENISE E ARMSTRONG 2601 Special Routing: Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

From DatelTime: Thru DatelTime: Report sent:

REMOVAL OF IPHONE FROM PROPERTY: On 11/12/12 I responded to the MPD Property Room and Property Clerk Brad Zemp turned over to me Paul Heenan's Iphone (property tag #291389) at 9:30 AM. See attached property release form. I took the cell phone to the Computer Forensics Lab and opened the package, while wearing gloves. The phone is a black Iphone, model A1387, serial number 579C-E2430A, and the screen is cracked. The battery on the cell phone was depleted. At 9:55 AM I turned the phone over to Del. Murphy. I then completed a lab request to have the phone analyzed. Supervisory Officer: Reporting Officer: DET DENISE E ARMSTRONG
1.0.: _ __

I.D.: 2601

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City of Madison Police Department

. PROPERTY ROOM RELEASEIRECEIPTIDISPOSITION
TEMPORARY
1. Under Case #._ _ _ _ _ __ OfficerIIBM_ _ _~~_ _ __ _~---I VIEWED Tag #(s),_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ #(s) Clerk_ _ _ _ _ _ _ _ _ __ Daterrlme,_ _ _ _ _ _ __

2.

OPENED _ _ _~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Under Case # I DPENED Tag #(s)_ _ _ _ _~_ _ _ _ _ _ _ _ _ _ _ _ __ #(S)I AND I REMDVED Item(s) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _--'-~-----_ _ _ __ AND I REPACKAGED item(s) under Tag #(s) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ OfflcerIIBM,_ _ _ _ _ _ __ Clerk._ _ _ _ _ _ _ _ _ __ _ _ _ _--'-_ _ __ Daterrlme,_------Daterrlme._-------

3.

Under case #/ '2. -

#/ 1. - 31.02..4'2- I REMOVED Tag #(S}~'2}.sq~lS""",<6c.:5--,'~_ _ ___ _ ___ __ _.,#(S}---''2}.7q~lC.;S7_<6-''-'-q-L'_ _ _ _ _ _ _ _ _ __ Daterrlme I/'/Z,/'7 officerIIBMWMS~ '2..{pU \ I/'/Z.I'7 01:5'0 Officer/IBM WMS~ '2..{pU\ Cieri< f3/Ie Lj9y;IRETURNEDTag#(s), _ _ _ _ _ _ _ _ _ __ I RETURNED Tag #(s)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Clerk. _ _ _ _ _ _ _ _ _ __ Daterrlme'-_ _ _ _ _ __ Daterrlme~_

4.

Under Case #._ _ _ _ _ __ . OfficerIlBM,_ _ _ _ _ _ _ __ Offlcer/IBM,

PERMANENT
Case#_'_ _ _ _ _ _ _ _ __ is

0

Closed

o Open

0

Inactive

Tag #(s}_--:-_ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ __ rag #(s},_----;-_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

can be released to

DOwner

0

Other

Name(s) _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __- ____________ __ _ _ _ _ _ _ _ _ _ _ _ _ _Address_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Tag #(s},_ _ _ _ _ _ _ _ _ _ _ _ _ __ Tag#(s}_ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ __ Tag #(s)'--c-----:--;o_-;;:-------#(s)'--;c===:::-:;===------for permanent disposition. DfflcerIlBM,_ _ _ _ _ _ _ _ _ __ OfficerIlBM,

can be auctioned or destroyed. can be turned over to the General Fund.
is/are turned over to _ _ _ _ _ _ _ _ _ _ _ _ __ iSfare Daterrlme,_ _ _ _ _ _ __

Clerk_ _ _ _ _ _ _ _ _ __

OTHER INSTRUCTIONS
Case # #(s} Tag #(s)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ islara being retained islare relained
Pending Prosecution (I will nolify the Property Room of disposition) Pending Appeal (Move to long·tenm slorage) long·tenn long-lenm Biological Evidence (Move to long-lenn storage)
C~rI<.

o o o

OfficerIIBM, OfficerIlBM,_ _ _ _ _ _ _ _ _ __

_ _ _ _ _ __ _ _ __ _ _ _ _ _ _ _ __

Dalerrlme Dalerrlme'_ _ _ _ _ _- -

SENSITIVE PROPERTY RELEASE/RECEIPT/DISPOSITION

(Drug Evidence, US Currency Greater than $100.00, Functional Firearms, Items Valued at $1000.00 or More) Functionat
Case #
Case#~

_ _ _ _ _ _ _ _ _ _ _ _ _ __

Tag#(s),_ _ _ _ _ _ _ _ _ _ _ _ _~_ Tag #(s)

Descripllon, Descriptlon_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

..

Reason'

Reason'~'

___________________

~

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Officer's Signature & IBM

Commanding Officer's Signalure & IBM

Released By_ _ _ _ _ _ _ _ _ _ _ _ _ __ Released By, Returned By Returned By_ _ _ _ _ _ _ _ _ _ _ _ _ __ Returned By_ _ _ _ _ _ _ _ _ _- - - - -

Date& Time_ _ _ _ _ _ _ _ _ _ _ _ _ _,-111 Oate.& ',"'" Date & Time Date & Time Date & .~... o---~-~---------III

-

6.'2812012.PrOj)"...rty Room Re\eaStl Recp\ [}isp.041509.docx 0isp.041509.docx

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Report 89

MADISON POLICE DEPARTMENT Report Completed: Occurred Incident: Dispatched as: 11/12/2012 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/2012 02:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET DENISE E ARMSTRONG 2601 Special Routing:

From DateiTime: Thru Date/Time: Report sent:

CONTACT

AMELIA ROYKO-MAURER . S . BALDWIN ST. .-MDISON WI

'CONTACTED

REMOVAL OF KEYS FROM PROPERTY: On 11/12/121 responded to the MPD Property Room to remove keys under tags #291373 and 291427. At 11 :05 AM Property Clerk Brad Zemp turned over the keys under tag #291373, which were property tagged by Det. Luedtke. Property Clerk Zemp turned over the keys under tag #291427 to me at 11 :20 AM. These keys had been tagged by Inv. Shaul. IDENTIFICATION OF KEYS TO • . BALDWIN. I opened both packages. Det. Marianne Flynn-Statz and I then responded to"S. Baldwin St. where we met with Amelia Royko-Maurer. While wearing gloves, I displayed meys under tag #291427 to Amelia. There were three keys together on a ring that was clipped onto the carabineer, which had other keys and key rings. One of these three keys had the number Iwritten on piece of tape stuck to it, there was also a dark colored key and a gold-colored key. Amelia identified these three keys as keys opening the front door, back door and apartment .door at . S . Baldwin St. I used the key marked III and was successful in locking and unlocking~e door to apartment. I used the gold-colored'rey and was able to lock and unlock the entrance door t o . S. BaldWin st. SILVER NISSAN TRUCK: Amelia identified a vehicle key with a black plastic top that stated "Nissan" as belonging to her silver Nissan pickup truck that I observed parked outside 509 S. Baldwin St. This pickup truck was displaying WI license plate AE3958. I later ran this plate and found it registered to Amelia RoykoMaurer on a 2002 Nissan Frontier truck. I asked Amelia if Det. Flynn-Statz and I could search the truck to look for any evidence pertinent to this investigation. Amelia told us that was fine. Amelia stood by as we approached the vehicle. I found that both front doors of the Nissan were unlocked. The key Amelia identified did lock and unlock this vehicle. Det. Flynn-Statz and I searched the interior but found nothing of evidentiary value. There were a basket of knitting yarn and a basket of hats behind the seats which Amelia told us had not yet been unloaded from the move. Det. Flynn-Statz opened the glove box, which contained a neatly piled stack of papers, and asked Amelia if anything looked out of place. Amelia said it did not. I turned the Nissan key over to Amelia. I asked Amelia if she recognized any other keys on the key ring and she told me she did not.

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I maintained custody of both sets of keys until I responded back to WPD. I photo~ied all keys. See attached copies. I circled the keys that were identified by Amelia as the keys to • S. Baldwin st. I then secured both sets of keys in their original packaging and placed them into locker #303 at WPD. Both property release forms are attached to this report.
Supervisory Officer: I.D.: _ __

Reporting Officer: DET DENISE E ARMSTRONG

I.D.: 2601

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City of Madison Police Department
. PROPERTY ROOM RELEASE/RECEIPT/DISPOSITION
TEMPORARY
1.

_ __ Under Case #_ _ _ _ _ __ #.

I VIEWED Tag#{s)_____________________________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
IVIEWEDTag~s),

OfficerIIBM,_______- - - OfficerIIBM'-_ _ _ _- - - --

Clel1<_ _ _ _ _ _ _ _ _ __ Clel1<.

Oaterrime_ _ _ _ --,_ __ Oaterrime,_____---,_ __

2.

Under Case # I OPENED Tag #(s),_ _ _ __'_~__ _ _ _ _ __ _ _ _ _ _ ____ ~s), -'-~_ _ _ _ _ _ _ _ _ _ _ _ __ AND -'--_ _ I REMOVED item(s) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _-'-_ _ _ _ _ _ _ _ _ ___ AND I REPACKAGED ilem(s) under Tag #(s),________________________________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Officer/IBM

Clel1< _ _ _ _ _ _ _ _ _ _ __
:1-'·

DatelTime,_ _ _ _ _ _ __

3.

officerllBMfum~ 2&0/ clerkl1a:t-I~W.) c'erkl1a:t-I~W.)
Under Case # .

Under Case #17.~:,wZ4_2. I REMOVEDJag#(l>':iiz~q,,-I'":'1 #17.~~WZ4_2. REMovEDJag#(l>':iiz~q-,-I.'":1

3:1'-"~?;iL-_ _ _ _ ~-,-;----=-:-_---;-:.... ~?;i"-- _ _-,,--:::;--:-_--;-:DatelTimeII.IL.!Z

I/O')

4.

I RETURNED Tag #{s),________-'-_ __ _ _ _ _ _ _ _ ___ ~s) _______: -_ _ _ _ _ _ _ _ _ ___ Clerk'---_ _ _ _ _ _ _ __ __ _______ _
Clerk~

Officer/IBM, Officer/tBM,_ _ _ _ _ _ _ __

DalelTime_ _ _ _ _ _ __ DatelTime,

PERMANENT
Case #'-___________ #'--_ _ _ _ _ _ _ _ Is

0

Closed

o Open

0

InacUve

Tag #(5), _____________________________ #(s), _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

can be released to

DOwner

0

Other

Name(s) _ _ _ _ _ _ _ _ _ _ _-'--___________________________ -'-_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Address_ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ __ ____________ __ ____________ ___

Tag #(s),_ _ _ _ _ _ _ _ _ _ _ _ _ _ Ta9#(5)____________________
Tag #(s)_ _ _ _ ___ _ _ _ _ __ _ _ ___ #(s),_ _ _ _ _ _ _ _ _ _ _ _ _ _ Tag #(s)-,-_ _ _~:__co-------#(s)'""'7"----,-c~_cc--------for pennanent disposition. OfficerIIBM,_ _ _ _ _ _ _ _ __ __ ________ _

can be auctioned or destroyed. can be turned over to the General Fund. isfare turned over to _ _ _ _ _ _ _ _ _ _ _ _ __
DateITlme,_ _ _ _ _ _ __

Clerk. Clerk_ _ _ _ _ _ _ _ _ __ _ _ __

OTHER INSTRUCTIONS
Case # Tag #(s)_ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ Islare being retained ____________ __ lslare Pending Prosecution (I will notify the Property Room of disposition) long-tenm Pending Appeal (Move to long-term storage) Biological Evidence (Move to long·term storage) Clerk,_____________ _ _ _ _ _ _ _ _ __

o o

o

OfficerIlBM, OfficerIIBM,_ _ _ _ _ _ _ _ _ _ __

DatelTiine__________ _ _ _- '_ _ _

Evidence. (Drug Evidence, US Currency Greater than $100.00. Functional Firearms, Items Valued at $1000_00 or More) $100,00, Case#_ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Tag #(s) _____________________ 111 Tag"~,' _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Description,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Reason,_-_________________________

~

_ _ _ _ _ _ _ _ _ _ __

Officer's Signature & IBM
Released By_ _ _ _ _ _ _ _ _ _ _ _ _ __ Released By Returned By_ _ _ _ _ _ _ _ _ _ _ _ _ __ Retumed By.. --"_ _ _ _- - - - - - - - BY~ Date & Time'_ _ _ _ _ _ _ _ _ _ _ _ _ __ Date & Date & '''''0 _ _ _ _ _ _ _ _ _ _ _ _ _ __ Date & Time, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 111

Dale Date & Time,___-,-_ _ _- - - - - - - -- __ ------ --

6l28l2012.Property Room Release R&q>t 0l~.041509.docx

0110912013

286

305

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

1.

Under Case #'--_ _ _ _ __

#(s) _ _ _ _ _ _ _ _ _ _ _ _ __ I VIEWED Tag #(S)I_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Clerk._ _ _ _ _ _ _ _ _ __

Officer/IBM,_ _ _ __- - -- _ _ _ _- - ' - - -

DalelTime'_ _ _ _ _ _ __

2.

Under Case # I OPENED Tag #(s),_ _ _ _--'-..~_ _ _ _ _ _ _ _ _ _ _ _ __ AND I REMOVEDllem(s) _ _ _ _ _ _ _ _ _ _ _ _ _~_ _ _ _ _ _ _ _ _ _ _ _ _ _ __ AND #(S)I I REPACKAGED ilem(s) under Tag #(S) _ _ _ _ _ _ _ _ _ _ _ _- - - - - - - - - - - - - _ _ _ _ _- - - - - - Officer/IBM,_ _ _ _ _ _ _ __ _______ _ ClerK_ _ _ _ _ _ _ _ _ __ I REMOVED

. DalelTime''-_ _ _ _ _ __

3.

Under Case #
Officer/IBM

1Z-220 7!-t 2.2(,,0 1

WiVlS;Wj

Clerk

(;14:&l.ffi, "7

fl(s)'--rc.l-'7_'1,LL1 ,._---___,.._ ~ II(s),-.:;",'7_'1-,-,;'~y.'-''L=1+- ______,._---___,._
DalelTime

/1, rz., I z.

II Z 0

4, 4.

Under Case #
OfficerIIBM'--_~_ _ _ _ __

I RETURNED Tag #(s)_ _ _ _ _ _ _ _ _ ~_ _ _ _ _ _ _ __ _

. Cler1<_ _ _ _ _ _ _ _ _ __

DalelTime_ _ _ _ _ _ __

PERMANENT Case#,_ _ _ _ _ _ _ _ __ Case #.-----~-----c-

is

d

Closed

o Open

0

Inactive Inaclive

#(s) Tag #(5)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

can be released to

DOwner

0

Other Olher

Name(s) _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _--'-_ _ _ _ _ _ __ __ ____________ __ _ _ _ _ _-'-_ _ _ _ _ _ _ _

Address, Address'_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Tag #(s) _ _ _ _ _ _ _ _ _ _ _ _ _ __
Tag#(s) _ _ _ _ _ _ _ _ _ _ _ _ _ __

can be auctioned or destroyed. can be turned over to the General Fund. isfare turned over to _ _ _ _ _ _ _ _ _ _ _ _ __
DalelTime_ _ _ _ _ _ __

Tag #(s)-;-===,-;-:;;----:7'-------#(s),-;------;--c;;-~-------for permanent disposition.
OfficerJlBM,~·

_ _ _ _ _ _ _ _ __

ClerK_ _--:-:c-_- - - - - ClerK_ _ _ _- _ _ _ _ __

OTHER INSTRUCTIONS

Case #

Tag #(s) _ _ _ _ _ _ _~_ _ _ _ _ _ _ _ islare being relalned #(s), _ _ _ _ _ _ _~_ _ _ _

o o

o

the Pending Prosecution (I will notify Ihe Property Room of disposition) Proseculion to long·term Pending Appeal (Move 10 long-term slorage) Biological Evidence (Move to long·term storage) long-term slorage)
C~rK

OfflcerJlBM_ _ _ _ _ _ _ _ _ __

_ _ _ _ _ _ _ _ __

DatelTiine_ _ _ _ _ _ __

,nON , " " " ' " j ,vt: PROPERTY ITION, (Drug Evidence, US Currency Greater than $100.00, Functional Firearms, liems Valued at $1000,00 or More) $1000.00
Case #

"I::N""IVt:r.w~"'T"

~" ."

Tag #(s)

Description
Reason'

Officer's Signature & IBM
By Date &

Officer's:

,&IBM

Retumed By Returned By,

Date & Time Date & Time

612SJ2012-Proporty Room,Reletl;se R$Cp\ Oisp,0415Q9.00cx

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314

Report 90

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:

11/12/2012 10- Residential Burglary 10- Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER-INVOLVED SHOOTING INVESTIGATION Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 From DatelTime: Dispatch Date/Time: 11/09/201206:02 Thru DatelTime: Reporting Officer: OET GREGORY SESSER 2779 Report sent: Special Routing:

WITNESS

KEVIN T O'MALLEY MfW DOB: ~973 (39 yrs) 513 S BALDWIN ST MADISON WI

NARRATIVE number, _ On 11/12/12 at approximately 1:46pm I called Kevin O'Malley on his cell phone number,_ _ I left a voicemail message identifying myself. I explained to Kevin O'Malley, in my voicemail message, that I was checking in with him to see how he was doing. As well, I informed Kevin O'Malley that our Chief of Police was going to be making a live statement to the media this afternoon. And Lastly, I explained to Kevin O'Malley that I was looking to see if we could possibly meet to discuss a couple of follow-up questions. I left my desk telephone number for Kevin O'Malley and asked him to give me a call. As of 11/13/12 at 8:00 AM, I have not heard back from Kevin O'Malley.

Investigation continuing.
NFlijas
Supervisory Officer: 1.0.: _ __

Reporting Officer: OET GREGORY SESSER

1.0.: 2779

01/09/2013

288 315

Report 91

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:

11/13/2012 10 - Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: LT TIMOTHY M STRASSMAN 2040 Special Routing:

From Date/Time: Thru Date/Time: Report sent:

SUSPECT

PAUL H HEENAN MIW DOB: ~982 (30 yrs) 509 S BALDWiN"'ST MADISON WI

NARRATIVE: On 11/9/2012 at approximately 3:45 am, I had a voice message indicating I should contact Lt. Kosovac reference an officer-involved shooting. I contacted Lt. Kosovac and was asked to respond to the scene which was in the 500 block of South Baldwin Street to become the scene lieutenan!. I arrived at approximately 5:00 am, and I noted that Sg!. Krahn was currently in charge of the scene, and she was being assisted by Sg!. Wiering. De!. Michelle Riesterer was the scene detective, and she was being assisted by De!. Greg Esser. I was able to contact Sg!. Krahn, and she was able to update me on what was occurring at the scene, and it was obvious that the scene was secured with an inner perimeter and an exterior perimeter. Sg!. Krahn noted that the crime scene log was currently being maintained by Officer Cherne. Sg!. Krahn, who was assisted by Sg!. Wiering, noted that she was going to work on getting relief for the fourth and fifth detail officers as soon as first detail officers became available. I then responded into CV1 (mobile command post) which was parked in the 500 block of South Baldwin Street and began coordinating resources and issues with the command pos!. At approximately 6:30 am, the body of the deceased was removed from the scene by the Medical Examiner, and an officer escorted the body to the morgue. Sg!. Krahn was able to coordinate relief for the patrol units on scene, and she was relieved by Sg!. Tripke. Sg!. Tripke deployed the first detail patrol units along with TEST resources to replace all of the fourth and fifth detail officers on the scene. During the entire time, security of the scene was maintained, and the crime scene log was maintained by a patrol officer. At approximately 8:35 am, De!. Riesterer left the scene and was returning to the command post as the lead detective on the case. De!. Julie Johnson assumed responsibility for the scene detective, and she maintained that until she was released from the scene. I continued to assist in coordinating the canvass of the 500 block of South Baldwin Street along with the blocks in the immediate vicinity. Once the canvass was completed, the command post informed us that we could begin breaking down the inner perimeter and that the crime scene perimeter was no longer needed. I informed them that would take some time to remove CV1 from the scene, so we maintained the outer perimeter until we could find a vehicle operator to remove CV1. At approximately 2:30 pm, I notified the command post that we were ready to leave the 500 block when I was informed that they requested we still hold the 500 block until we could make one more

01/09/2013

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search for a missing round related to the incident. We searched the specific area requested by the command post, and that search was aided by Inv. Holum with a metal detector. At 16:30 hours, the command post notified me that the scene could be released, and all units that were still currently maintaining the perimeter were released and instructed to complete their reports and return to service. Investigation Continuing/lmc

Supervisory Officer: Reporting Officer: LT TIMOTHY M STRASSMAN

I.D.: _ __

I.D.: 2040

0110912013

290 317

Report 92

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
11/13/2012

10- Residential Burglary 10- Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer Involved Shooting Addr of Occurrence: 513 S Baldwin SI Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: INV MARIE K BURGETTE BACH 2242 Special Routing: OET RIESTERER

From DatelTime: Thru DatelTime: Report sent:

On Tuesday November 13, 2012 I removed the dried clothing that I had been placed into the air-drying cabinet within the CCB Property Intake room on Friday November 9, 2012. The clothing was packaged and placed into evidence. See the chart below for further information.

Item Number
31

Item Description
Shirt - Green striped Gap Polo Size S Scarf Gray/Green striped AED pads Hanes Blue boxer briefs Size M Sweater - Gray with white stripes LOGG Size S Blue jeans Size 30 S-001, Black leather belt w/silver color buckle Converse All-Star black Size 10 shoes, pair white socks Black CoatLOGG Size S White Body Wrap Sheet

Location of Collection
Dane County Morgue Dane County Morgue Dane County Morgue Dane County Morgue Dane County Morgue Dane County Morgue

Time of Collection
10:15 am

Property Tag Number
291656

32

10:41 am

291657

33 34 35

10:04 am 11:04 am 10:31 am

291658 291659 291660

36

11 :02 am

291661

37

Dane County Morgue

11 :07 am

291662

38 39 NFA
Supervisory Officer:

Dane County Morgue Dane County Morgue

11 :00 am 3:30 pm

291663 291664

1.0.: _ __

Reporting Officer:

1.0.: 2242
01/09/2013

291

318

INV MARIE K BURGETTE BACH

01/09/2013

292

319

Report 93

MADISON POLICE DEPARTMENT Report Completed: 11/13/2012 Occurred Incident: Dispatched as: 10 - Residential Burglary 10- Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch Date/Time: 11/09/201206:02 Reporting Officer: DET MARIANNE F STATZ 2404 Special Routing:

From DatelTime: Thru Date/Time: Report sent:

CONTACT

AMELIA E ROYKO-MAURER FIW DOB:_974 (38 yrs) • S BAL~T APT,MADISON WI C: _ _

NARRATIVE: On 11/12/12 upon my arrival at my office, I retrieved two voicemails from Amelia that she left on November 9. In the first voicemail, Amelia wanted to inform me that she removed the card from Paul Heenan's wife from the mailbox and left it on his bed. In the second voicemail, Amelia said she was with Paul's parents and they wanted to close his Face Book page so that people did not leave posts but they were told they needed a death certificate to do so. Amelia wanted to know if we could help and if we had his computer. I contacted Detective Riesterer to make her aware of these issues. Detective Riesterer requested that when I contact Amelia to ask her if Paul had his own key to . o u t h Baldwin Street. On 11/12/2012 at approximately 10:40 am, I called Amelia, who stated she was upset with the media because she agreed to do an interview with a woman who she has known for a long time and asked her to keep that a comment she made regarding how "the neighbor" was doing be left off the record but the reporter put it in her story. Amelia stated her motivation for speaking to the press was to "clear Paulie's name." She informed me that the issues she called about were resolved. Amelia said that recently Paul borrowed her and her husband's gray Nissan truck because he needed to get a battery for his van and he had not yet returned the key. She stated that the truck key may be in his pocket, in his van, or on his keychain. Amelia stated that they were about to get towed when they contacted a Parking Enforcement Officer and explained the situation. Amelia stated that they do not have another key to the truck and it will cost about $100.00 to replace the key. She also stated that she believes that a wire basket wine tote, that was a wedding present, may be in Paul's van because he was helping them move. She stated it would have wine, water and champagne in it and that it may likely be somewhere in the front sea!. I told Amelia that I would look into this matter. I asked Amelia if Paul had his own keys to the apartment, and she stated that he did. I made arrangements to bring Paul's keys to Amelia so could which key was hers. At approximately 11 :45 Detective Denise Armstrong and I made contact with Amelia-see De!. Denise Armstrong's report regarding that interview. Investigation Continuing/lmc Supervisory Officer: Reporting Officer: DET MARIANNE F STATZ 1.0.: _ __ 1.0.: 2404

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320

Report 94

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:

11/9/2012 10 - Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin SI Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: SGT JENNIFER L KANE 3235 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

OFFICER NARRATIVE: On 11/9/12, I was dressed in full military-style uniform, operating unmarked squad number 422. I was directed at briefing at 1:45 p.m. to respond to the 513 S Baldwin St scene and take over scene sergeant duties from Sgt Lauri Schwartz. At approximately 2:35 p.m., I arrived on-scene at 513 S Baldwin St, and, after a discussion with Sgt Schwartz, I took over as scene sergeant. I assisted Lt Strassman, Detective Julie Johnson, and the three TEST officers assigned to the scene. My assistance was for anything that was needed for them. Once we were told by Lt Strassman that we could ciear, I assisted in removing any crime scene tape and that ended my contact at 513 S Baldwin St. NFNcmb
Supervisory Officer:

I.D.: _ __

Reporting Officer: SGT JENNIFER L KANE

1.0.: 3235

01/09/2013

294 321

Report 95

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
11/10/2012

10 - Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplemenl Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11109/201202:46 Dispatch Date/Time: 11/09/201206:02 Reporting Officer: DET MICHELLE RIESTERER 2324 Special Routing:

From Date/Time: Thru Date/Time: Report sent:

NARRATIVE: On 11/09/2012, I was contacted by Lieutenant Peregoy reference an officer involved shooting and requesting my assistance. I responded to the City-County Building where I had learned Detective Esser was at the scene, located at 513 South Baldwin Street. I responded to the scene, where I made contact with Detective Esser, Sergeant Karen Krahn, Investigator McEvoy, and Investigator Parr. Detective Esser and I made contact with the family that resides at 513 South Baldwin Street. During this time, it was decided that I would be assigned to the scene. Please refer to officers on scene who kept the appropriate timeline of individuals entering and exiting the crime scene. Please refer to Investigator McEvoy's and Investigator Parr's reports reference their handling evidence and processing of the scene. I did note 3 placards which were in the driveway of 513 South Baldwin Street where Investigator McEvoy advised that those where the spent casings. Also to the terrace in front of 511 South Baldwin Street, I noted where the decedent, later identified as Paul H. Heenan, was covered up with a sheet. Also on the scene were personnel from the medical examiner's office to include Dr. Tranchida, Barry Irmen, and Kurt Karbusicky. As the scene was continued to be processed, at approximately 5:44 a.m., medical examiner office personnel, along with Investigator McEvoy, removed the sheet from the decedent. After photos were taken and the body was preliminarily observed, ME Kurt Karbusicky went into the left rear pants pocket of the decedent where he was able to pull out a wallet. In this wallet was a Wisconsin identification card to Paul H. Heenan, . 8 2 . At approximately 5:52 a.m., ADA Mary Ellen Karst arrived on the scene. ADA Mary Ellen Karst was briefed on the incident and information that we had known up to this point. At approximately 6:22 a.m., Heenan's hands were placed in paper bags. At approximately 6:25 a.m., Heenan's body was placed in a body bag sealed with tag number 0055950. At approximately 6:27 a.m., Stacy Patterson arrived from Ryan Funeral Home and Heenan was transported to the Dane County Morgue with Madison Police Department personnel following. At approximately 7:24 a.m., District Attorney Ismael Ozanne arrived on scene where he was briefed on the status of the investigation and what we had learned so far to this point of the investigation. Lieutenant Strassman arrived on scene and I coordinated with him the addresses that needed to be canvassed reference this investigation. I was then relieved from my duties where I responded to the command post for further instructions.

01/09/2013

295 322

NFNmld
Supervisory Officer: __ I.D.: _ __

Reporting Officer: DET MICHELLE RIESTERER DET MICHELLE RIESTERER 2324

I.D.: 2324

0110912013

296

323

Report 96

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
11/13/2012

Case No: Ref. No: Grid:

2012-320242 Supplement

10- Residential Burglary 10- Residential Burglary

Sec/Area: 410 CENTRAL

MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St 11/09/201202:46 Call Date/Time: Dispatch DatelTime: 11/09/2012 06:02 Reporting Officer: DEl MICHELLE RIESTERER 2324 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

SEE ATTACHED DOCUMENTS: City of Madison Police Department Central District Burglaries 5/01/2012 through 11/12/2012 Central District Robberies 510112012 through 11/12/2012, Central District Thefts 510112012 through 11/12/2012, Cel)tral District Weapons Offenses 05/01/2012 through 11/12/2012. During the course of this investigation the district attorney's office requested to have crime data for the City of Madison Police Department Central District specifically the immediate area of the South Baldwin SI. corridor/area. See attached documents.

Supervisory Officer:

1.0.: _ __

Reporting Officer: DET MICHELLE RIESTERER Iclt

1.0.: 2324

01/09/2013

297

298

299

300

301

328

Report 97

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as: 11/11/2012 10- Residential Burglary 10- Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St 11109/201202:46 Call DatelTime: Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET MICHELLE RIESTERER 2324 Special Routing:

From DateiTime: Thru DateiTime: Report sent:

CONTACT

JOHN H HEENAN

c:_

OFFICER NARRATIVE: On 11/11/12, at approximately 8:25 a.m., I attempted to make contact with John Heenan. On 11/10/12, I made contact with Heenan and advised him that we would update him on any information being released from our department to the media. On todays date 11/11/12, our department was going to release the names of the officer involved in the shooting. I left a voicemail for Heenan.
A short time later, I received a phone call back from Heenan. I advised him that our department would be sending out a press release and briefed him on what was going to be in that press release. Heenan advised that the funeral for Paul would be on Tuesday At this time, I had no further information for Heenan and I ended my contact with him. A short time later, I received a phone call back from Heenan. During the course of this investigation, we learned that Paul had a Subaru that was parked at the parents' residence in Oregon. Heenan advised that Paul's wife, identified as Sarah Saslaw, was coming into town from Portland, Oregon, and they wished to use the Subaru and did not have a key for the Subaru. He requested if they could get the key so Saslaw could use that vehicle while she was in town. I advised Heenan that I would have to speak with Lt Kosovac reference that and get back to him. I conferred with Lt Kosovac who advised that we could release the key. I called Heenan back and he advised that he was just attempting to contact me and that they had located a key for the vehicle and he no longer needed our key. Investigation continuing.
Supervisory Officer: I.D.: _ __

Reporting Officer: DET MICHELLE RIESTERER cmb

I.D.: 2324

01/09/2013

302
329

Report 98

MADISON POLICE DEPARTMENT Report Completed: Occurred Incident: Dispatched as:
11/13/2012

10- Residential Burglary 10- Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/2012 02:46 Dispatch Date/Time: 11/09/201206:02 Reporting Officer: DET MICHELLE RIESTERER 2324 Special Routing:

From Date/Time: Thru Date/Time: Report sent:

PLEASE SEE ATTACHED DOCUMENT Officer Heimsness training record. The attached document is a listing of Officer Heimsness training records. The first entry is dated 10101/1997. The last date of training entered is 10/15/2012.

Supervisory Officer: Reporting Officer: DET MICHELLE RIESTERER Iclt

1.0.: _ __

1.0.: 2324

01/09/2013

330

303

Steve Heimsness
SPONSOR MPD MPD MPD - DOT MPD MPD DCSO VIDEO MPD WI DEPT OF JUSTICE TRAINING & STANDARDS WI DEPT OF TRANS WI DEPT OF TRANS WI DEPT OF TRANS MPD MPD MPD MPD OJJDP MPD MPD MPD - WAHL CA- ZILAVY US SECRET SERVICE MPD MPD -SCOTT FAVOUR MPD MPD MPD MPD - FAVOUR MPD' MPD MPD FAVOUR HOURS LOCATION MADISON WI 0.1 MADISON WI MADISON, WI 0.1 MADISON, WI MADISON WI 0.3 MADISON WI 4 MADISON, WI 0.25 MADISON, WI 0.25 0.1 0.25 8 MADISON WI MADISON WI MADISON WI MADISON WI MADISON WI MADISON WI 2 MADISON WI 0.25 18 STEVENS POINT WI 24 MADISON WI 0.15 MADISON WI 2 MADISON, WI 14 2 0.25 8 4 4 0.25 8 8 MADISON WI MADISON WI MADISON WI MADISON WI MADISON WI MADISON WI MADISON WI MADISON WI MADISON, WI MAKE MODEL SCORE RIFLE

BEG DATE

COURSE TITLE

CERTIFICATION(PRE-SERVICE 10/1/1997 RADAR CERTIFICATION (PRE-SERVICE ACADEMY) 10/27/1997 DANE COUNTY LAW ENFORCEMENT TRAINING CENTER 2/25/1998 DWI DETECTION & STANDARDIZED FIELD SOBRIETY TESTING COURSE 3/14/1998 DANE COUNTY LAW ENFORCEMENT TRAINING CENTER SAFETY RULES - VIDEO 8/5/1998 RADAR CERTIFIED - PRACTICAL EXAM COMPLETED 10/1/1998 BOMB THREATS CPR - BCLS RESCUER - COURSE C 11/1/1998 REQUEST FOR ATTORNEY - STOP QUESTIONS/ROLL CALL LAW #55 ARIZONA V. ROBERSON 12/1/1998 DRIVER LICENSING LAW CHANGES OTHER REGISTRATION LAW CHANGES 1/1/1999 INFORMING THE ACCUSED/REGISTRATION LAW TRAINING 2/12/1999 CENTRAL DISTRICT IN-SERVICE TRAINING 4/25jJ999 POLICE MOUNTAIN BIKE TRAINING 4/25/1999 9/29/1999 ULTRALYTE CERTIFICATION 2/17/2000 WINTER IN-SERVICE - ON DUTY SHOOT 3/1/2000 3/10000 HOW TO REQUEST SPECIALIZED TRAINING 4/19/2000 ENFORCING UNDERAGE DRINKING LAWS: SEIZING OPPORTUNITIES AND OVERCOMING CHALLENGES S/1/2000 AR15 RIFLE TRANSITIONAL TRAINING 5/1112000 5/11/2000 CONTROL OF HANDCUFFED PRISONERS 6/5/2000 LOITERING FOR THE PURPOSES OF DRUG DEALING/BUYING ORDINANCE TNG 6/26jJ.000 PROTECTIVE OPERATIONS BRIEFING 6/26/2000 7/312000 NARCOPOUCH TRAINING 7/3/2000 9/4/2000 PROXEMICS RELATIVE POSITIONING CONTACT/COVER 10/23/2000 FALL IN-SERVICE - RACE & SUSPICION CPR RECERTIFICATION 10/24/2000 FALL IN-SERVICE - RAPID DEPLOYMENT FALL IN-SERVICE FIREARMS 2/11/2001 2/n/2001 MANDIEULAR/HYPOGLOSSAL PRESSURE POINT 2/23/2001 CENTRAL DISTRICT IN-SERVICE 4/5/2001 2001 SPRING IN-SERVICE - RAPID DEPLOYMENT (4 HRS) & FIREARMS (4 HRS) 5/14/2001 SET TEAM CROWD MANAGEMET/CROWD CONTROL TRAINING 5/20/2001 BENT WRIST PAIN COMPLIANCE TECHNIQUE TNG 8/10/2001 ROAD SPIKES VIDEO

,
!

GLOCK
.

17

38

AR15

33

GLOCK

17

38 X

32 MADISON, WI 0.25 MADISON WI

01/09/2013

331

304

Steve Heimsness
MPD MPD MPD MPD MPD MPD MPD MPD MPD 2 MADISON WI 1 MADISON, WI 2 2 2 4 MADISON WI MADISON WI MADISON WI MADISON, WI GLOCK GLOCK GLOCK 17 17 17 92 93 93

11/19/2001 FALL IN-SERVICE - ETHICS
FALL IN-SERVICE - NUCLEAR, BIOLOGICAL & CHEMICAL OVERVIEW FALL IN-SERVICE - SEARCH POLICY UPDATE FALL IN-SERVICE - WORKPLACE HARASSMENT 11/20/2001 FALL IN-SERVICE - DAAT - KICKSTOP RESTRAINT FALL IN-SERVICE - EVOC UPDATE - SPIKE STRIP DEPLOYMENT & VEHICLE PURSUIT UPDATE FALL IN-SERVICE - FIREARMS TRAINING 1/31/2002 WINTER IN-SERVICE - ON DUTY SHOOT FIREARMS QUALIFICATION !OUALlFlCATION & AR1S DRY FIRE DRILLS 4/29/2002 SPRING IN-SERVICE TRAINING - FIREARMS, RIFLE, PAPERLESS REPORTING SYSTEM, DAAT & DOMESTIC PREPARDNESS/CROWD I CONTROL 9/16/2002 NEW FIELD TRAINING OFFICER CERTIFICATION 11/13/2002 FALL IN-SERVICE TRAINING - HANDGUN QUAL/RIFLE TNG/DAATHANDCUFFING/BLOOD-BORNE PATHOGENS/BASIC SPANISH/LESS IFTHtl.1 PR' I FTHtl.1 11/14/2002 FALL IN-SERVICE - SENSITIVE CRIMES & CPR 11/24/2002 ALCOHOL VIOLATIONS VIDEO 2/21/2003 WEST DISTRICT IN-SERVICE (DISTRICT ISSUES, ALDERS, BREAKOUT SESSION) 3/11/2003 LESS LETHAL UPDATE TRAINING 4/7/2003 ANNUAL SET TEAM TRAINING 4/15/2003 FIREARMS QUALIFICATION (ON-DUTY SHOOT) 4/24/2003 FIREARMS QUALIFICATION (ON-DUTY SHOOT) 5/21/2003 SPRING IN-SERVICE - FIREARMS, PROPERTY ROOM UPDATE, HEALTH & WELLNESS 5/27/2003 CANDAS SMITH VIDEO PPE TRAINING VIDEO 10/21/2003 FALL IN-SERVICE - GRANT OVERVIEW, REVIEW OF NEW WORLD, PROPERTY PROCEDURES, IDENT & CIS UPDATE, MOBILE DATA r(")MPUTER .r(")MPUTER TNG_ 10/23/2003 FALL IN-SERVICE - HANDGUN & RIFLE QUALIFICATON/BLOOD BORNE PATHOGENS UPDATE/DAAT/EVOC 1/16/2004 TACTICAL DISCUSSION/TNG 2/9/2004 FIREARMS QUALIFICATION (ON-DUTY SHOOT) 3/8/2004 TASER CERTIFICATION 3/31/2004 SPRING IN-SERVICE - HANDGUN/RIFLE SHOOTING SKILLS, POLICY UPDATE (TASER). CRITICAL INCIDENT COMMAND

2 MADISON WI 2 MADISON, WI 8 MADISON, WI

MPD MPD

24 MADISON WI 8 MADISON, WI

GLOCK

17

89 78;80

I
I

MPD MPD MPD MPD MPD MPD MPD MPD

8 MADISON WI 0.25 MADISON WI 8 MADISON, WI 4 24 1 1 8 MADISON WI MADISON WI MADISON WI MADISON WI MADISON, WI

GLOCK GLOCK

21

17

84 85

MPD

8 MADISON, WI

MPD MPD MPD MPD MPD
-- -

8 MADISON, WI 1 1 8 8 -----_
....... _ - -

GLOCK

21

82

79

MADISON WI MADISON WI MADISON WI MADISON, WI
--

GLOCK

21

88

--

01/09/2013

.332 305

Steve Heimsness
MPD MPD MPD MPD MPD MPD MPD 24 MADISON WI 1 MADISON WI 8 MADISON, WI 1 MADISON WI 8 MADISON WI 4 MADISON WI 8 MADISON, WI GLOCK 21 83 68

4/26/2004 SPECIAL EVENTS TEAM TNG 6(8/2004 {ON-DUTY SHOOT) 6/8/2004 FIREARMS QUALIFICATION (ON-DUTY SHOOT} 9/30/2004 FALL IN-SERVICE -IN-CAR DIGITAL VIDEO & CPR/AED RECERTIFICATION 1/27/2005 FIREARMS QUALIFICATION (ON-DUTY SHOOT) 2/11/2005 WEST DISTRICT IN-SERVICE 3/16/2005 SHOOTER DEVELOPMENTTNG 3/16(2005 AR-1S 4/22/2005 SPRING IN-SERVICE - HEALTH & WELLNESS REVIEW, AR-15 OVERVIEW, SHOOTING SKILLS, INTERVENTION OPTIONS & I RF<;OIIITION 'I'<()I UTION JS VIDEO (ON-DUTY 6/9/20b5 FIREARMS QUALIFICATION & K-9 VIDEO_ION-DUTY SHOOT) 6/28/2005 6/28/].005 TASER/LESS LETHAL UPDATE 9/13/2005 FALL IN-SERVICE - NIMS, GANG UPDATE, EVOC, PEDESTRIAN TRAFFIC LAWS 9 14/2005 FALL IN-SERVICE - FIELD REPORTING 9/14/2005 9 17/2005 SHIFT TRAINING 9/17/2005 1/25/2006 FIREARMS QUALIFICATION (ON-DUTY SHOOT) 1 25/].006 2/16/2006 DISTRICT IN-SERVICE 2/17/2006 WINTER IN-SERVICE -APM 3-5 PROHIBITED HARASSMENT/DISCRIMINATION POLICY, UNCONSCIOUS BIAS, I DELIRIUM. CPR , nFllRlIJM C-PR 3/28/2006 LASER TRAINING 4/20/2006 SPRING IN-SERVICE - DAAT/FATS/LOW LIGHT & FLASHLIGHT FIREARMS EXCITED DELIRIUM PRACTICAL SCENARIO 6/15/2006 FIREARMS QUALIFICATION (ON-DUTY SHOOT) 8/15/2006 FTO UPDATE 10/12/2006 FALL IN-SERVICE - FIREARMS TRAINING & SIMUNITION SCENARIOS 10/17/2006 GLOCK ARMORER SCHOOL 10/26/2006 FALL IN-SERVICE - TECHNOLOGY TRAINING - PROPERTY ROOM BAR CODING, E-CITATIONS, FIELD REPORTING REVIEW, TIME IFIC'ATION iRI 1/11/2007 FIREARMS QUALIFICATION (ON-DUTY SHOOT) 2/5/2007 DISTRICT IN-SERVICE - CHIEF'S PRESENTATION, MENTAL HEALTH UPDATE, RECORDED INTERVIEWS, E-TRACS, CASE PROCESSING, IpOIIr:Y {POLICY 3/7/2007 SPRING IN-SERVICE - HANDGUN TRAINING, MILO/IES, EVOC, VET AFFAIRS PRESENTATION - SOLIDERS RETURNING FROM WAR {ON-DUTY SHOOT) 6/14/2007 FIREARMS QUALIFICATION (ON-DUTY SHOOT}

GLOCK

21

82

MPD MPD MPD MPD MPD MPD MPD MPD

1.5 MADISON WI 4 MADISON WI 8 MADISON, WI 8 MADISON WI 1 MADISON WI 1 MADISON WI 8 MADISON WI 8 MADISON, WI

GLOCK

17

86

GLOCK

17

74

DEANNA REILLY MPD MPD MPD MPD

0.25 MADISON WI 8 MADISON, WI 1 MADISON WI 8 MADISON WI 8 MADISON, WI MADISON WI 8 MADISON, WI GLOCK 17 86

MPD

MPD MPD - CENTRAL

1 MADISON WI 8 MADISON, WI

GLOCK

17

92

MPD

8 MADISON, WI

MPD

1 MADISON WI MADISON,

GLOCK

17

89

01/09/2013

333

306

Steve Heimsness
MPD MPD MPD MPD MPD 8 MADISON, WI 8 MADISON WI 1 MADISON WI 8 MADISON, WI 8 MADISON, WI

10/1/2007 FALL IN-SERVICE - AR-1S RIFLE TNG, HANDGUN TNG, DAAT, SCENARIO 10/2/2007 FALL IN-SERVICE - RADICAL FUNDAMENTALISM EVOC CPR 1/17/2008 FIREARMS QUALIFICATION (ON DUTY SHOOT) 2/25/2008 CENTRAL DISTRICT IN-SERVICE - DEPT GOALS, STRATEGIC PLANNING BUILDING TRUST RAPID DEPLOYMENT REVIEW 4/15/2008 SPRING IN-SERVICE - COURT DETECTIVES/DA REPORT REVIEW PROCESS & UPDATE, ELDER ABUSE, MG&E - ELECTRICITY.SAFETY, CELL iCELL PHONES . 6/3(2008 FIREARMS QUALIFICATION (ON-DUTY SHOOT) 6/3/2008 9/15/2008 FALL IN-SERVICE - HANDGUN, AR-15 RIFLE, WEAPON MOUNTED LIGHT GROUND FIGHTING INTRO SCENARIO FALL IN-SERVICE 9/16/2008 FALLIN-SERVICE - HAZARDOUS MATERIALS & GUIDEBOOK REVIEW, MENTAL HEALTH, TRACS CRASH INVESTIGATION, IBR, WIJIS, NEW WORLD, SPILLMAN & JUVENILE PHOTOGRAPHS 1/15/2009 FIREARMS QUALIFICATION (ON-DUTY SHOOT) 3/10/2009 CENTRAL DISTRICT IN-SERVICE - CHIEF'S MESSAGE: BUILDING THE DEPARTMENT AS ONE, STAFFING UPDATE, EVIDENCE COLLECTION - DNA, SEXUAL ASSAULT INVESTIGATIONS, ALCOHOL ~«TO,r~ INED f)1<TRlrT 1/11.1'1 1«""< 3/26/2009 MARK 9 TRAINING 4/13/2009 SPRING IN-SERVICE - HANDGUN, RIFLE, SIMUNITION SCENARIO, MISSING PERSONS, POLICE OFFICER SUICIDE AWARENESS

GLOCK

17

94

MPD MPD MPD

1 MADISON WI 8 MADISON, WI 8 MADISON, WI

GLOCK

17

93

MPD MPD

1 MADISON WI 8 MADISON, WI

GLOCK

17

91

1,«"."

.
MPD - TONY FIORE MPD 1 MADISON WI 8 MADISON, WI

4/27/2009 5/20/2009 7/13/2009 7113/2009 8/11/2009

DNA TRAINING FIREARMS QUALIFICATION (ON-DUTY SHOOT) CENTRAL DISTRICT WEAPON RETENTION TRAINING GLOCK ARMORER

MPD MPD MPD - TIEU DCLETC MPD MPD

9/22/2009 EVOC POLICY REVIEW & UPDATE, PRACTICAL, IBR & USE OF FORCE REPORTING FALL IN-SERVICE HANDGUN, ECD ISOLATION EXERCISE, 9/23/2009 FACEBOOK OVERVIEW, PROFESSIONALISM, HARASSMENT, ORolrrn /'1FDICAL UPDATE RRPiCCRiMFrlICAI I 1/27/2010 CENTRAL DISTRICT IN-SERVICE - MPD CHALLENGES/OPPORTUNITIES, LE DOMESTIC POLICY UPDATE, EARLY INTERVENTION SOFTWARE, DISTRICT UPDATES, EAP !JPDATF 2/16/2010 _2/1612010 WEAPON FAMILIARIZATION --.~

0.45 MADISON WI 1 MADISON WI . 0.75 MADISON WI 0.7S WAUNAKEE, WI 8 MADISON, WI 8 MADISON, WI

GLOCK

17

96

MPD

8 MADISON, WI

MPD - HARDER - --_ _..

.......

_-

.... _._-------

0.25 M.6DISON, WI. _JUS MADISON WI

,-

,
01/09/2013

334

307

Steve Heimsness
MPD MPD 8 MADISON, WI 8 MADISON, WI GLOCK GLOCK 17 95 35

4/2/2010 SPRING IN-SERVICE - RIFLE TRAINING, POLICY, CLASSROOM TNG, RIFLE OUALlFICATION AND HANDGUN QUALIFICATION QUALIFICATION 9/20/2010 FALL IN-SERVICE - RIFLE/LESS LETHAL, HANDGUN QUALIFICATION, BLOCKING, CORE EXERCISES, AIRSOFT <;rFNARIO ',rFNARlo rORF 9/21/2010 FALL IN-SERVICE - TECHNOLOGY -IMAT, GANG UPDATE - OFFICER SAFETY TRAINING, HAZARDOUS MATERIALS, WMDPATROL IRI , & CASE STUDIES 1/5/2011 1(5/2011 ARMORER UPDATE 1/25/2011 CENTRAL DISTRICT IN-SERVICE - USE OF FORCE REPORTING, MENTAL HEALTH L1ASON UPDATE, CAMERA PROJECT UPDATE, in, ANAl yq, r-OllRT HnLl,1' SAFETY n, ANALYSTS. 4/21/2011 SPRING IN-SERVICE - HANDGUN TNG, RIFLE QUALIFICATION & TNG, TASER ISOLATION DRILL, HEROIN OVERDOSE PROCEDURE QUALIFICATION (ON-DUTY 5/31/2011 FIREARMS QUALIFICATION ION-DUTY SHOOT) CRIMINALJUSTICE INSTRUCTOR DEVELOPMENT COURSE 6/27/2011 INSTRUCTOR DEVELOPMENT COURSE 8/16/2011 FTO UPDATE 9/12/2011 FALL IN-SERVICE - HANDGUN & RIFLE TNG, HANDGUN QUALIFICATION, CONCEALED CARRY LAW, OFFICER DOWN iRF<;('IJF <;('I'NARIO RF<;(,,[JF <;("['NARIO SKILLS BASED HANDGUN ASSESSEMENT 9/13/2011 FALL IN-SERVICE - PROBLEM SOLVING & EVOC 11/14/2011 RIFLE QUALIFICATION 1/25/2012 CENTRAL DISTRICT IN-SERVICE - CHIEF'S MESSAGE, JUDGEMENT UNDER THE RADAR, FIELD REPORTING, ASSET FORFEITURE, BREAKOUT SESSIONS, HEROIN UPDATE, SIGNIFICANT EXPOSURE LJPOATF 2/14/2012 ON DUTY SHOOT -1ST QUARTER, HANDGUN/SHIELD TRAINING, SHOOT/DON'T SHOOT SIMULATOR 3/7/2012 LEADERSHIP IN POLICE ORGANIZATIONS - LPO 4/30/2012 ON DUTY SHOOT - 2ND QUARTER HANDGUN QUALIFICATION 10/1Sn012 ON DUTY SHOOT - 4TH QUARTER HANDGUN QUALIFICATION 10/15/2012 Or-! SHOOT-= 4TH Q~ALlFIC:I\TION_

17 6;6& 6;6

MPD

8 MADISON, WI

MPD TRAINING CENTER MPD

8 MADISON WI 8 MADISON, WI

MPD

8 MADISON, WI

37

MPD MPD-PATION MPD MPD MPD

1 32 32 8 8

MADISON WI MADISON WI MADISON WI MADISON WI MADISON, WI

GLOCK

17

84

MPD MPD MPD MPD

MADISON WI 8 MADISON WI 1 MADISON WI 8 MADISON, WI

GLOCK

17

S' 5 5LS
37

MPD MPD MPD MPg MPD
-

2 MADISON, WI 8 MADISON WI 1 MADISON, WI
....

GLOCK

17 17, 17

93 88

.-

1 MADISON, WI . GLOCK MADISON

01/09/2013

308

335

Report 99

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as: 11/13/2012 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/2012 02:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET MICHELLE RIESTERER 2324 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

PLEASE SEE ATTACHED LEGEND During the course of this investigation Detective Turner and I interviewed Officer Heimsness. On 11/11/12 we responded to the 500 block of South Baldwin SI. at approximately 12:35AM. During our interview with Officer Heimsness, we felt it important to go to the scene to put into reference of what he recalled that evening. Upon arrival Officer Heimsness began to walk the path that he recalled during the incident of 11/9/12. Officer Heimsness pointed to the sm corner of Baldwin SI. at Spaight SI. on where he parked his vehicle. He advised he started walking across the street in a diagonally direction walking toward the east side of the streel. The legend is marked with E is where he bleeped his flashlight to the officer who had parked on Baldwin SI. He advised he proceeded up to a tree located in front of 515 S. Baldwin st. and he was approximately two to three feet away from that tree looking toward 513. This is marked by F on the terrace. Officer Heimsness proceeded to step out onto the sidewalk marked with a G. Officer Heimsness advised he first observed the homeowner and suspect in a struggle where the G is on the legend. Officer Heimsness advised the location of where he observed the homeowner and suspect in a struggle was by the H on the legend in the front of 511 South Baldwin St. Officer Heimsness advised where he was involved in a physical altercation with the suspect is where the letter I is located on the map in front of 513 on the legend. Officer Heimsness advised he is estimating on his locations and that the incidents occurred in the vicinity of what he is showing us and could not be exact on the locations .. See attached document.

Supervisory Officer:

I.D.: _ __ __

Reporting Officer: DET MICHELLE RIESTERER Iclt

I.D.: 2324

01/09/2013

336

309

LEGEND Ca# 2012 - 320242 Officer Involved Shooting 513 S. Baldwin Street Friday, 11-09-12 @ 0247hrs Drawn By: Inv. McEvoy

~
~--~
o
25

P.O. Stacey Troumbly's Perspective and Estimation of Events Measured by Inv. Holum #3232 A- Off. began sprinting, indexing taser, toward PO Heimsness/disturbance B- Off. heard three "pops" C- Off. perspective of PO Hemisness's location when the three "pops
50

were heard
0- Off. perspective of complainant's position during shooting

Approx Scale (in It)

l_

._ _ _ _ _ _ _ .__ ... __ .__ ._ _----1 -----1

J-'

il\ III \ I
I
I ,

,-._-------I ,------\

r--I

r - .. --.....-. r----··--·····-·
I i
"

streetlight streetl~

Jb /'-

l~L l~
1

507

509

L~_'1
C c

513
_._-_ .._'. •.....

515
'-------~--sidewalk

I ,

__

l ___ ~ L~17
517
----_... _ .

I~
I~ streetlight ~

.._._._-

Q)

A

R

lO 0

grass terrace

l ~

( f)

~
'-

(f) ( f)

~

Roadway - - - 500 block S. Baldwin Street S_

.... .... Q) Q) Q) OJ '-

.c ..c

c Q) -,
grass terrace sidewalk

.21 m
(f)

.... -

0..

II
I
I 502 !

II II
506

I

I

I

L_~

[J L _ [j
508

I I

'---_____J
01/09/2013

1256

spa~

337 310

, r
Ca# 2012 - 320242 Officer Involved Shooting 513 S. Baldwin Street Friday, 11-09-12@0247hrs Drawn By: Inv. McEvoy

LEGEND

~
o 2'>--~L-_ ~. Approx Scale (in ft)

Perspective I P.O. Heimsness's Holum #3232and Estimation of Events Measured by Inv.
E~

Off. Heimsness flashes his flashlight at responding off.

sO 50, 1

I

F- Off, Heimsness monitors 513 S. Baldwin St. near tree , G- Off. Heimsness observes suspect/complainant fighting and draws firearm H- Area of disturbance betv.leen suspect and complainant i 1- Off. Heimsness involved in physical fight/shooting with suspect

L~~proXimate Distance Between G and H equals 64 Feet L~~~oXimate

r---

I'

streetlight

.t'

~

L:J
/1

507
-.

511

I
I
H

,- - " - - --"--

i

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--------l
517

\

513

515
L - -_ . ____ . _ . ____

I i I
J
\ ,

_.._._I

J~ J

I

ill (j)

( j) '-

'-

~

G
TreeO F E

sidewalk

I~

streetlight

J

[

grass terrace

L

~

Roadway - - - 500 block S. Baldwin Street

E

..c
('J

( j) (j) '-

( j)

OJ

-,

C (j)

grass terrace sidewalk

f-.t--

1------

1-

,,---514

r
--

(j)

a..

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rr-

.

502
l--V--

506

1256 Spaight

508
L
. .. --_..

,
I

I ,

---, --- ..

_-_.. ---

.

l,,Ir

__

01/09/2013

311

336

Report 100

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as: 11113/2012 10 - Residential Burglary 10 - Residential Burglary Case No: Ref. No: Sec/Area: Grid: 2012-320242 Supplement 410 CENTRAL MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET MICHELLE RIESTERER 2324 Special Routing:

From Date/Time: Thru Date/Time: Report sent:

CONTACT

JOHN H. HEENAN

C:
On 11/12/12 I made contact with John Heenan. During the course of this investigation I advised Heenan that I would keep him briefed on the information that we could release as the investigation continued. On today's date I met with the Madison Police Department to include; Chief Noble Wray reference a press conference that was going to occur on today's date at 3:30PM. During this brief with the Chief I learned that some information would be released to include some details of the investigation, the process of the investigation, the case being referred to the district attorney's office and the Madison Police Department's own internal investigation. On 10/12/12/at approximately 1:40PM I made contact with John Heenan. I briefed Heenan on information that I had learned would be released at the press conference to occur today. I informed Heenan of above information. At approximately 3:35PM I attended the press conference where I heard more information being released regarding the incident. At approximately 3:45PM I made phone contact with Heenan again. I apologized to Heenan for contacting him but advised him some more relevant information had been released and I felt it important if he wished to hear it that I would share it with him. He stated he definitely wished to have the information. I shared with Heenan that Officer Heimsness along with other officers had been dispatched to a burglar call. I advised him that the female 911 caller stated that an intruder had come into their home and she had four kids with her and her husband went down to investigate. I informed him that Officer Heimsness walked toward the residence when he saw two men "grappling or struggling". I informed Heenan that the officer had a description of the homeowner from the homeowner's wife. I informed Heenan that when Officer Heimsness observed the two individuals grappling and struggling he pulled out his service weapon. I advised that Officer Heimsness gave direct orders to the homeowner and Paul where the homeowner and Paul disengaged and the homeowner responded to the verbal commands and puts his hands up in the air and backed off. I informed the distance was approximately 15 to 20 feet when this occurred and Paul closed the gap on the officer, grabbed on to the officer's arm with one hand and was reaching for the officer's gun. I advised at this point the officer delivered three rounds to Paul. Heenan advised that he was not comfortable with that story and didn't believe that is what occurred. I informed Heenan that the homeowner did also witness this incident. Heenan was very respectful but also understandably frustrated with the information he heard. I advised Heenan that the police department handed out hard copies to the media and if he wished to have those documents that we had released to the press and he advised yes. At this time I was

01/09/2013

312 339

advised a timeline was released to the media. I asked if he wanted me to go over the time line and he declined. I asked if I could e-mail the documents to him and he requested that I mail them to him. We ended our conversation.

On 11/13/12 I placed the attached copy of Officer Heimsness' disciplinary record along with the letter in an envelope. I did not know this at the time when I spoke with Heenan and was told that the timeline was not released to the media.
Detective Armstrong mailed this information to Heenan.

Supervisory Officer: Reporting Officer: DET MICHELLE RIESTERER Ielt

I.D.: _ __

1.0.: 2324

0110912013

313

340

Report 101

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:

11/13/2012
37 - Fight Call 37 - Fight Call

Case No: 2012-320242 Supplement Ref. No: Sec/Area: Grid:

Case Offense: OFFICER INVOVLED SHOOTING Addr of Occurrence: 513 S. Baldwin St Call DatelTime: Dispatch DatelTime: Reporting Officer: DET MICHELLE RIESTERER 2324 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

ATTACHED DOCUMENTS; LETTER ADDRESSED TO JOHN HEENAN DATED 11/13/12, Madison Police Department Professional Standards and Internal Affairs Complaint #01-16 and Madison Police Department Officer Conduct reporting form dated 12/30/06. CONTACT: JOHN H. HEENAN

On 11/12/12 I advised Heenan that I would send him correspondence that was released to the media reference the press conference that occurred on 11/12/12. On 11/13/121 obtained the Madison Police Department Professional Standards and Internal Affairs Summary regarding complaint #01-16 and the Madison Police Department Officer Conduct Reporting Form date 12/30106. I placed these in an envelope with a letter and mailed them on 11/13/12 to John Heenan. Please see attached copies of correspondence sent to Heenan.

Supervisory Officer: Reporting Officer: OET MICHELLE RIESTERER Iclt

1.0.: _ __

1.0.: 2324

01109/2013

314 341

Madison Police Department
Noble Wray, Chief of Police City-County Building 211 S. Carroll Street Madison, Wisconsin 53703-3303 PH: 608 266 4022 TIY/Textnet: 866 275 6529 police@cltyofmadison.com
www.cityofmadison.com/pollce

November 13,2012 JOHN HEENAN

RE: Information Released to Media
Dear Mr. Heenan: Enclosed you'll find copies of infonnation that was released to the media in reference to the Madison Police Dept. press conference on 11-12-12 per your request. Please contact me if you have any further questions. Sincerely,

Detective Michelle Riesterer, #2324 South Police District Madison police Dept 825 Hughes Place Madison, WI 53713 W: (608) 266-5937 C: (608) 209-8591

MR:jmn Enclosure

01/09/2013

315

342

..... '

,
.'

/

.

Madison Police Department Professional Standards and Internal Affairs Summary
Complaint Number: Date of Occurrence: Date of Complaint: . Date of Summary: 01-16 06/27/01 06/28/01 07/23/01

Snmmary: On June 27, 2001 at approximately 11:13 pm Officers Stephen Heimsness and David Gouran were on routine bicycle patrol in the Frances and Lake st. ramps. The officers had just crossed from the Lake St. side into the Frances St side when they heard a vehicle coming up the ramp driving fast with loud music blaring. The vehicle pulled abruptly into a parking stall on the second level at the south wall. The officers, both dressed in MPD authorized bicycle uniforms, approached the vehicle to contact the driver later identified as Jeffrey Elser. Officer Heimsness parked his bicycle behind the vehicle and approached on the driver's side, Officer Gouran approached on the passenger side. Elser ignored Officer Heimsness' attempts at verbal contact and began to back from the parking stall. The vehicle struck and ran over Officer Heimsness' bicycle. The 9fficers moved with the vehicle and drew their duty weapons. Officer Heirnsness issued a verbal threat to shoot. The vehicle continued to maneuver and Officer Heimsness moved to a position in front of and to the driver's side of the vehicle. Elser turned the vehicles tires toward Officer Heimsness, who then aimed at and shot the driver side front tire in an attempt to stop the vehicle. Officer Heimsness believed the vehicle might strike him. Officer Heimsness moved aside, the vehicle passed him and moved to flee from the ramp. Officer Heimsness then aimed at and shot the passenger side front tire as the vehicle turned to go down the ramp. Based on the totality of the circumstances in the case it appears that Heimsness did not employ judgment and tactical decision-making consistent with Departroent training and standards. Because of this he placed himself in a position that he eventually believed posed an imminent threat. Further examination ofthe facts shows that the officer's actions do not meet the standard of what a reasonable offiC()r would beJieve regarding the imminent nature of the threat. This therefore violates section 4-900.2(B) MPD Policy.
It is clear that the vehicle had passed Officer Heimsness when the second shot was fired at the passenger front tire. He acknowledged that he believed the vehicle was intending to flee. He stated that he believed it was necessary to stop the suspect vehicle to protect pedestrians and vehicles in the area. The facts show no imminent threat of death or great bodily harm to officers or others, and section 4-900.2(C) MPD Policy does not apply in this case. This shot was a violation of 4-900.5(C) and 4-900.4l\1PD Policy.

01/09/2013

316

343

Disposition: MPD policy states in part: 4-900.2 Deadly Force Authorized The use of deadly force is only authorized when, under any of the following circumstances, an officer reasonably believes a lesser degree of force would be insufficient: B. In defense of one's self, when there is reasonable cause to believe one is in imminent danger of death or great bodily

harm.
C. To effect the arrest or prevent the escape of a suspect who the officer has reasonable cause to believe bas committed, or attempted to commit, a felony involving the use or threatened use of deadly force, when a high probability exists that the suspect, if not immediately apprehended, may cause d~ath or great bodily harm; 4-900.4 Officers shall not use deadly force when its use unreasonably 11Sks the lives of irmocent bystanders. 4-900.5 Deadly Force Is Never Authorized: C. At a moving vehicle unless an officer has reasonable cause to believe that one's self or another is in imminent darlger of death or great bodily harm or 4-900.2(C) regarding certain felons applies. The policy violations of 4-900 are captured in the defrnition of2-1818 Excessive Use of Force, which states: 2-1818 Excessive Use of Force Members of the Department shall act at all tinles within the standards for use of force established in 4-900 and 4-1000. The investigation sustains a violation for 2-1818 Excessive Use of Force. Officer Heinlsness was suspended for 15 days without pay. Ten of these days were held in abeyance.

:?..AJ//~~
Richard K Williams Chief of Police

Mary A. S auf Lieutenan of Police Professional Standards & Affairs

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.Madison Police Department OJi'FICER CONDUCT REPORT.ING J)'ORM

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pat,;,rime Received: ...c·1=Z,:;3",0",'0=c6.,--·___________ Received by: _S~gt.",-"Mieo·",-ero",w,,--~_____'_·_·_. pat~ime _·1"2-,,,,3""0:.:o.0,,,6.=--· __________ ~Sgt.~Mi~·~ero.'!.w~~ '_·_·~
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Elissa J. Parker

Name: . Address;
.city:

Phone:

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Check:

o Aggri.w<!1 Parly

Involve.d MPD Personnel and Allematicm
Officw(s) Name and/or N~ber:

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I8l Wilness to ~cident

o Other; __________ ______________

06·154206 . . Date and Approx.imate 'l;lDle ofInoidentl' .-!!.12,::;-3::.!Occ'{)~6'..lrat~O=:15e::9:eam~-___________--,"-_ _1"'Z"',3"'0....:.{)"'6"'W=Ol=.:5"'9.:o1Ull"'- _ _ _ _ _ _ _ _ _ _ -,."-_

Ml'D Case Number if Available:

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Looatio Locatioll: Allegation(s):

603 Slale$treet(StateStreet13mls) wi Siale $treet(State Street13mls)

Excessive use of foroe'

Narrattfe: On 12-30·06 @approlC. Ol59am, Officers were dispatuhed to 603 Stare St,.(Stale St l3mtS) reference a. distUrbance. ',[he disturoance WElS between two males, one male strlklDg the other in tho fileo with a glElSs. cansing injmy. Dispatoh advised, per the employees at State St13rats, the male suspect was being Dispawh restrained by bouncers'" .. ' '. . ,

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Upon.my i.rrlv~~ 1WElS 'con~o!ed by an employee at Slate St.BraJR, bartender, Ellisa J. Parker. P~k~r Upo~my . speoifioally "(ished to speak10 a sergeant stating sbe wlUlled to me a cOmplaint against the officers on . speal<to scene.' . . . . ..
. '. Parker advised officers were dispatched to stall> St.13raJR because of snspect.llaller. ~'smashing a pint Slafl, OOcause anotlwr to restmin glass into another maleS face." Parker stated bouncers were nying 10 restrain Bauer howev~r "he was . resisting·them and 1rl¢!1IIllIiDg out into the garden room." PaI'ker stated she.observed 1 fuIJ1J!le officer• 1rl<;d J1IDlIiDg offie'er . Cal<> Le6rek(not directly involved w/altercation), and'2 male olfiqers. Ursa and Helmsnoss, dealing '. !lIol. VIllO), was wIBaue!,. Sl)e s¥ed: one of1li~ !Dol. officers, (believed to be Ursa), Was "pulling up. on tbe1ilal&" and the :. . pilier, (believed to be Beimsnoss), Wa!! "Ricldngthe guy (Bauer) to tho:h~ and'neek with his fuot Heimsnoss), th.o:h~ .. numerouS times." ParWi slated while 13aucrwas on the floor, she observed his face covered with blood. .. ~e j!f1v~eq.f~~r{'n.~.attheoffire'1' U;"stop i~" and p,..,...,eeded to <:t'J!!ill. U;"sfop
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Madison Poliee Department 'OFFICER CONDUCTREPOJ~TmG FORM

I asked Parker if ail the paJrons were out oftlw establishlnent during the aitereali<ln and she stated yos. r "asked her how many employees Were deallog wltlrBauer prlor and during MAJ?D eontaot ~ Bauer '!'ld she stated, '2 off duiy" elilployees, "2 barlende!1!,' and maybe "4" bounCers'. I asked her for a total of ,employees deatingwith Bauerand she advised "maybe 5 to 6.· Along with the 5 to 6 employeeHthere" were 3 offioel1l in the mixed ~g approx.,9 persons dOl!ling wi(l1 Bauer. in a very small looanoD, east, side of the la'iorri "ear'Garden exlffentnince; which isapproJdmately 3' wide by 5' long. .' . ' . . I then spek(> to Heitnsness who stated Bauer Was Te~e,.~lliPgto Iisten.to 8/1Y ofhls commands, to , which he s1tuck hlro approx, 3 to 4 Um&s with hls rlgbtknee along with 3 to 4 strikes wilh Wi,foot in order for his to roUO'VI;r from his back to his stomach, and,1inal\y successfully biindcuffing biro. , Helnumess advised dutlng the take down of·Bauer, his eoat eovered his face and left: 1lt1l1" Holmsness advised he belleved the l:ieks and knee sIrlkes were.maldng centset with Bauer's leihid. of the upper trirso. Onc<>Baner was in hll1ldcuffll, Heimsness was able to remove hi. eoat from hlJ face. at which time Heimsn... observed hls Jlwo to be eovered with blood. Flt~ Rescue was immediately dispatch upon this observation. .' .' . . .

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r a,n;ised Parker ;y'ou'may or nw.y not be contacting ber rofere~ee this inoident in the ~ futer••
I also speke to Manager Nathan A, Quells, mlw, 6-25-81, \\1m mill', iI1lIll • Qoella , . advised prinr to MA,PD officell! atrlvlng on seene, hounc6!s bad Baaer "subdued" and was "fine" until police Walked into the estab'Jisrunent Quell. advised immediately upon seeing officers, Bauer tried rurmlrig from police out the east entrance/exit door into the garden room. Quella stated Baner was very beIllgerentwi1!t police and wonl.fu'i: comply with their commands. He advised BlI1Ier was spitting blond atpoUce and call1ngthero ''faggots.'' He added Bauer was "flailing" and a~!llpted to prevent officers to put hlm intQ Imndouffs. Specifically, Quell .. stated Bauerwouldn't allow offiqers to roll hlro over onto rus stomach from the hack

FOOD.

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I asked QueJ1B iflte felt thll officers 'behaviorwlfu Bauer was appropriate in tifdng him into custedy and . ho stated, "yes, he wasn't listening to the cOps." .

Please sea officers reports, 111ankyOn.
Sgt. Gindj MieroW

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Disposition: ~J~""" check'(;iuY ono bOl(.. (Referto Polioy 6-500.1 for definitions.) , D' .l~Qnerated D ,Unfounded 0 NofSustained .0

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Malloy, Patrlck
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From:
Sent:

SchWartz, Amy
Thvrsday, January 11, 20071.1:21 AM

Tq:
SUbJ.c~

Malloy, Patrick
SynopsIs.

on dui;;' ~ the OIe's olfice, I was briefed by S~MlerowabO)lt":fig1it.that had occurred at· . State St Brats involving PO's Heinlsness and Ursa. Sgt Mlerow told me simply that the officers had Mierow en!",untered a corobativ~' subject who had hit another mal. subject in the head with a g1!!SB and had refused to be taken into oustody. I also lC<ml~d that !he combative subject, ono. successfuUy . taken into custody; had sustained a fucial hljmy which waS caused by our officers d\uing the fight. Sgt Mlerow told llle at the thne, that there was a witness on scene who wanted to file a ooniplalnt aga)nst the officers for Using eXcessive force against the subject. Sgt Mlerow told me that she was taking of said CDI!lplaint, but she a];;o tol.d me that there were bouncers pr<;sent who were stating tliey had no concerns of exCessive fame. .' .

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PO .HWoness later into the OIC's office and showed me his knee, (I belleve it was his right knee although I Can't be 100%'certain) whlch was noticeably red and swollen. PO Helmsness told me about the combative s~bject and how be and PO Ursa had 'to take the subject to the gro\md and then struggled to gain control'of his ann.. Although PO Urso eventually ga.in,ed control of one arm, the other apn Was sti).l unobtainable. He!n>.sness told me that he began to de~ver several knee '1trikes to the body of the-subject until theyw.re allieto galn control of his ofher 8I/l\. PO . HeUnsness also told me that during the flght, the subject's Jacket pulled over his head. rnaldng. . it impossibJe fur PO Helmsness to know what area of the- subject's bodY his knee' was h~ving . contact with. PO If.eimsn.e•• told me that after the subject Was controlled and taken into ouslogy, ,i he obse""ed that the suQjectllad sustained facial injurieJ) that were not presentwben he and PO Ursa had initially made contact Wifh him; PO HeJmslll'Ss told ,,". that he belleved he may have fllo madvert:ently struck the sulJloct In the lace wifh his -knee While trying to control him .. PO . Heimsness also told me that llrior to. strugglfug wifh the subject; the.subject had sustalned some sort of hand mjury due to hiffing the Victim in the head wlth the glass. Bbth PO He!n>.sness and PO Ursa both were exposed directly to the co,!,batant's blood as they attempted to. take him into

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Sergeant Amy L 130hwartz . " Criminal InteJ]lgeilOe Section InteJ]lgenoe MadisoJl. Pollee Department 211 S Carroll St Madison, wr 58703 Office; 608-266-5951 Fax: 267·8648
Emajl; as~hW!llt!@clt>Dfmadison com

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INTER-DEPARTMENTAl.. '
CORRESPONDENCE'

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TO: FROM: SUBJECT:

DATE:

February [4,2007

Noble W,ay, Chief of Police , Patrick Malloy, Lieutenant of Police

Inten;al Investigation 2007-01

'INTRODUCTION
This investigation involves the review, of the amount offorce that was usedlo arrestJacob'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 chargedwith second degree recl-Jessly endarigering 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 U r s o . ' '

INFORMATION RECEIVED FROM DISPATCH
I collected the Dispatch tape of the incident and cou1d listen to the tape and hear that one call came in, which was disconnected. A second call then c'arne in related to a suspeCt having hit someone in the face or the head, with a beer glass at State StreetBrats.lhear the Dispatcher getting pertinentinformation and the units being dispatched. The units' that were dispatched were David 20 and 21, who for the reeord are Officer Heimsness and Officer Urso. 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 Jdckhig the person in the head and that someone needs to respond to that The Dispatcher in response to this told her to lookfor a sergeant who was at the ~cene and gave her th<; name of Sgt Cindy Mierc'.w.

POLICE REPORT OF OFFICER STEVE HEIMSNESS
The report details the arrest of Jacob Bauer. The ~ctim in the case is Benjamin C. Schm~ling, 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 regards 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, r 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 andI was able to drag him slightly further out into the bar room, I continued to apply approximately two, more kicks ordering Bauer to place his hands behind his back because by this time, I had lostrny grip on Bauer's left hand. The report goes on to state: I then got down to my knees and I delivered several, knee strikes using, my right knee. I, did apply approximately four to five knee strikes ordering Bauer to place his hands behind his back. After the last knee strike I delivered, I did hear Bauer state okay, okay and I did see him put his left hand out.

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POLICE REPORT OF POUc;E OFFICEB. COREY URSO

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Corey Ursa'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 arre~t and placing haridcuffs on Bimer. In regards to Officer. Heimsness' actions. Urso's r(:Jlortstates. "Por more information on Bauer being taken into c\lstody,"see Officer Heimsness original report under this case number."

POLICE REPORT OF SERGEANT CINDY MIEROW,
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Sergeant Mierow's report details her arrival at State Street Brats. She obtains the . services of an· investigator to take pictureS of th~ i!\iuries and she did make contact with Bauer at"t)le emergencY room. She rioted that Bauer was intoxicated: She also overlieard 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 \n their report that Bauer was con\ieyed by Hre 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 roy knowledge. It appears, however, that be was cleaned up by Meriter staff prior to conveyance to the jail.

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POLICE REPORT OF POLICE OFPICER TAYA DOLSEN
Dolsen's report basicaUy descn'bes herrole which iuather 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 E~SER .

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Detective Esser followed up on this case with regards to the criminal cbarges against Jacob Bauer. He went to State Street Brats on the 29th and contacted personnel th= Where he obtained surVeillance video that is inside the bar. Unfortunately•. none of the video or camera angies shoW the actual arrest of Mr. Bauer. The videOS do hell' put the funeframe 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.m, 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 FOnD that Sgt Mierow completed. That form indicates that when she Was at State Street Brats On this cal~ she was contacted by Elissa Parker. Note that Elissa Parker is the person that was very upset imd.caJled 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 aud neck with his foot numerous times." Parker stated tbat 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 Sgc Mierow the actions of the officer as very aggressive. She stated. "He was beating this guy and kicking him repeatedly to the head," She described the case as a Rodney King type case. . ,-~~~---, .•- . - , . -.. ,~-.-' '--"~~-.,--~-, -------,

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It'also notes that Sgt. Mierow contacted the manager, Nathan Quella, He adv'ised her, thaI Bauer was very belligerent with the police and wouldn't comply with their comrpnnds. He indiQated that Bauer was spitting blood at police and ~alling them faggots and 'tljat he wa~ flailing around ih aJ! attempt to J>revent officers from handcuffing him: QueJla told Sgt. Mierow that Billler'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 be thought the action of the officers were appropriate in tiling Bauer into custody, Note that I also havo;> a copy of a , bUck slip that was sent from Sgt. Mierow at tlie scene to Lt. Bri~n Atkeret >egarding Mr. Quella' s statement indicating th!J.t "Quella felt the officers behavior de~ling with the guy was appropriate;"

PICTURES FROM THE INCIDENT
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.; .. . 1 have a colorplrotograpb of Mr. Bauer at th~ time ofbis mest after the incident, a~ he was cleaned up and brough't'fromMeriter Hospital. Itis clear be has'some type oflaceration thatis still fiesh on the right side of his nose and his nostril area. He bas SOme discoloration to the right side of liis face and a bruise, near his' right eye, His eyes appear to be what is commonly descnoed aliblaok 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' '
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I reviewed the photos taken by the Madison Police Department, at Meriter Hospital of Mr. Bauer. MI. Bauer obviously has laceration to the rigbt 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 irls 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. ,

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. Related to the pictures tbat were taken at Meriter Hospital by Investigator Hessefort, I think it can be accurately described thathe looks like lie's been in a fight of some sort but that injuries are not shocking. I also looked at the piCtures of the victim in tbis case, who had the glass smashed into the, side of his head. That person is Benjamin C. Schm.ling. You can see a laceration around his left ear and'bleeding'doWn around his jaw line area. There also appears to be a scra~ch across the top of his head running down to his left cheek and jaw area, As I noted earlier,l was-told that seven stitches were required to close the injury near his ear.

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MEMO FROM DETECTIVE GREG ESSER
The memo is dated January 3, 2007, That memo indicates that While doing follow upon 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 silt times. He also stated thatafier Bauer was kicked in the head, the officer began to punch him ill the back of the head ~wo to three time~. Michalski then told Detective Esser that the officer put his knee to B.auer's bead at least !:Wi> to 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 bands back.

EMAIL CONTACT
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The first email tfiatlreceivedwas from the bar manager, Nathan Quella. Mr. Quella indicated "1 was between two guys wheQ this happened so I took the guy that broke the glass to the ground. Adam a,nd I , held him down and I told another bouncer to call 91 i. 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 'lIld did not let the cops cuff him. Cops shoved him twice againstthe wall and I believe he cut his head on one of the signs we have on the wall. The cops then got him C?n the ground and hewas struggling. Cops were aD their knees and at this point, holding him down and telling him to roll over onto his stomach. He would not and thCl1 walked away to check on my employees and mak;,su~8ilO, one gO.t hurt. I was told one of the cops 'struck the guy in the. head with hIS knees butl didn't see it happen. Oneof my employees, Elissa, then cililed 911 again beeans:, she thOllght 'the cops used excessive force. Duririg the incid~nt, thought of exces'sive force did not enter my urlnd." I received an email from Adam Pischke reference this incident. That email states in part "FirstI saw the guy break the glass over the other guy's head and then Irestrained the breaker until the police arrived. At arrival, I let the police lake over and when I got off of him he tried running out the back door but it was Jocked~ Then the officers lried to get hin;l to ,the ground but he resisted. They then used the approprhite ,amount offorce to take him down where be appeared to continue to resist. Atthis point, ,the officers were telliug him they were "going to break his ann" if he didn't c.oaperate. He continued and they proceeded to stomp on his head. At this point, I can't tell if he's still resisting but they Wefe sbouting 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 ihe fIoOL" He notes in his email, lwas about 15 feet away while all this was going on. I received this email fromMax Michalski: HI was working atthe 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 floor, the cops arrived and when the two male cops went to arrest him, he ran and tried to escape oui: the beer garden door but was unable to because the patio door was locked. The cops'then grabbedhim, threw himface 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 re~train 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 bard with the tip of his sboe,to the top of the man's head. Tbe 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;lhe other cop is still on top of the man holding his riglit arm while he's barely squirming on the ground.,TIlI' cop kicking him sald 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 'lIld five times but still made no attempno actually grab the leRarrn. Afterpuncbing the man, the same cop then got on bis left knee and began swinging his other knee very hard into the man's face. This occurred two to three thnes and the man was gushing blood from his face. After kneeing fue man in the head, he took his knee and he put it the back of his head and put almost all his weight on it and drove his face into the floor. At this point, the same QOP finally grabbed his left and pulled it to the right arm restrained by the other cop so tbey could cuftnim. " .

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I reCeived an email from Sgt. Amy Schwartz related to this incident. Sgt. Schwartz was the Ole the night. of the, iQcident. I had spoken to her briefly prior to receiving this email. She told me that after the incident , that Heimsness came into the OlC's office and "feel Heimsnes's told me about the 6bmbative subject'and how he and Corey Ursa had to take tpe subject to the ground and then struggled to gaincontrol, although PO Ursa eventually gained control of one an:ll, 'the 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 contrGf of his other arm. Reimsnesi; 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 waf>controlled and taken into custody, he o1;Jserved that. the subject had sustained facilil injunes that were not present when he and PO Ursci had initially made contact with him. PO }~eimsnflSs ,told me that he believed be may' have inadvertently strUck the subject in the face with his knee while frying to control him. PO Heimsness also told me that during t\le struggle with the subject, the subject sustained some sort of hand injary due to hitting in the victim in ,the head with a glass," ,

INTERVIEW WITH OFFICER COREY URSO
On January 17, 2007, I interviewed Police Officer Con:y Ur~o in the Conference Room of the Chief's Office. He was accompanied by MPPOA President Scott Favonr and Lt. Joe Balles was also present for the second half of Officer Urso'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 sweatshiI:t over the ,subject's head and that he couJdn' t see where his left hand was, When I asked him specifically ifhe knows whether Officer Heimsness ldcked Jacob Bauer, he stated I didn't observe that but I guess I waSil 't looking. The 13lood really kinda was there, a~ot of it, ybu,know. I was really focused on that I asked him if he saw Officer Hellnsness punch Jacob Bauer, his response w'as I didn't see that. I asked him'lihe saw any 'knee strikes. He said, "1 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 ihat." I asked him if he heard an employee at ihe 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 Chiefs Conference Room by myself on January 17, 2007. He WllB accompanied for tbe interview by MPPOA President Scott Favour., Lt. Joe Balies was also present for the, interview, During the interview, Heimsness told me about his initial contact wiih Bauer and how Bauerran from him through the short hallway th~tleads to the beer garden door. He indicated that he ended up catching up w\th Bauer and that Bauer, s6ff-armed him in ihe face. He indicated ibat it was hard enough that it pushed him back several inches imd it did not knock him completely off balance but he,was trying to push him away, Note ihat I noticed this was duly noted in Officer Heimsness' report of the incident and I also noted that Sgt. Mi6row advised that once she arrived atthe scene"she saw some blood on Heimsness' face which she believed Was the result of being pushed in the face by ihe subject,' ' Jacob Bauer, who, was bleeding from'his hand at the time.

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He indicated that they were trying to struggle with him in this small hallway and they couldn't get any position of advantage there so they ended·up. dragging bim out of the passagewilY towards the bar room . and then he was on his side at this p.oint He 'indicated that he was actively resisting during this entire incident. He indicated th~t be could also feel the.tension in the subject's left arm. He beard Officer Urso telling the subject to put his bands behindhi~ back an.d tl)athe wasn't complying. He also indicates that he and Officer Urso were able to get their legs and feet in front of him and they lripped bim and pushed bim 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'lli trying to kick him as his jacket wasup.and from the nliddle of his torso up to his elbow was covered witb his jacket so i wasn't kicking towards his head. My objective.was to' kick him in tbe 8i(le," He 'then described the kicks that he applied to Jacob Bauer.' I'asked him if be puuched the pers.on at any. time. He .' indicated no "after those first three or four kicks. I then dragged him out fuither and.l was either kicking or trying to drag him ont further into the bar. I Jost grip on his left hand and then I kicked hi¥! two more times I'm guessing. I think two more times becaUse noW his arm was gone and it went under him and he rolled on to his stomac~ but he placed his hand under his boay but I did not punch him." I asked him when you kicked him the secOlid time. you know where you landed those kicks. He stated no, I was directing them towards his side as best I could. "I think it was below his shoulder level where I was aiming," I asked him ifhe used any knee slrikes on him and he indicated he did after he lost control of the ,subject's arm. "I went down to my knees and I delivered four or five knee s~es from my knees as he was laying on the floor and aiming for his side." I asked him ifhis head was stiU covered at this lime and he said yup. his head was covered until: he finally suirende'red his arm npder 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 be started to bring his Jeft arm out and his left arm came out and I reached under his jacke~ . found his left wrist and brought it qnt and around and toward the small of his back." I asked bim if he heard anybody yel)i:ng at the officers from the bar and he indicated be did. He told me he thought it was an employee and sbe was yelling something to th~ effect of "stop it. stop it, you're going to kill him or get off of him." Heimsness acknowledged that Bauer had blood allover his face after they pulled thejacket from his head and shoUlder areas. During the rest of the interview, Heimsness describes Mr. Bauer's behavior at the .bospital He sajd 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: Ai some point, you had your knee on bim. Is that correct?

ANsmR: "Actually both but yes."
QUESTION: Okay where were the knees placed on him?

ANsmR: "On his left shoulder, more tbwarps the mid-line of his body and down probably three or four inches from the top of his shoulder."
QUESTION:He was not kicked in the head or he ';"asnot kicked intentionally in the head?

ANsmR: "No not intentionally."

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QUESTION: But he wasn't punched in the hend? ANSWER: "No I'oeyer 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." . --' . . QUEsnON:'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 in to the bar, his jacket had corne off and was I don't know if this was roentionedbefore but be was,I dragged him out up towards the bar and he ended up near the nortli wall of the passageway." QUESTION: I asked hiniifhe spoke

to Sgt. Mierow at the scene and he iiulicatep that was correct.'

INTERVIEW WITH MAX MICI;IALSKI
I interviewed Max Michalski at the Ci~"Coun~ Building on January 18, 2007.· Max recounted the incident to me with regards to the incident. . QUESTION: Let ine ask you this, before you get there, let me ask you this did they push him into a waU in an attempt to stnn him? ANSWER: Yes it vias a very hard sbove lnto the wall. QUESTION: At that point was be struggling with the officers? ANSWER: "It was fairly mild or I mean it was in between. He wasn'treally 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 gness 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: "Y 88. That was clear. They did say get to the floor and he wasn't." QUESTION: Andhe wasn't, he wasn't going to the floor voluntarily?

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ANSWER: "No it was really difficult to say because there were.in such a tight comdor. I mean he was stood up between the two guys but personally Idid no! think he was going to go to the floor.voluntarily,", QUESTION: Did you know was he bleeding at this'point? ANSWER: "I believe be had a mild cut from when be had been detained by tbe bouncers. I'm not,sure where the cut occurred but he was mildly bleeding. He had some blood on him." , QUESTION: Was it o"n,hi8 hands 'or don't you recall? ANSWER: "I do not recan." QUESTION: The officers were thim abJe to get him to the ground? ' ANSWER: "Ye8." QiJ.ESTION: Did they have trouble getting him to a position on the ground where they could put , handcuffs on? ' ANSWER: uItdid 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,1 never witnessed Mr. Bauer's head being covered until the very (Ond 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 1saw 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 ofth,ebead between five and ten times, very hard kicts and they were direct hits with his toe. It made a thutnping soul\d when it hit, when he connected and he would back up and take a fuJI step into it and kick again." QUESTION: Was he saying anything at this point? , ANSWER: "I do not recall." , QUESTION: Do you recall if the second officer was saying anything? ANSWER: "1 don'trecall anything specific, I do helieve in there they did say give us your arm something 'along those lines, give us your arm.'" QIJESTION: What did he do after the initial five to ten kicks?

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February 14, 2007 Page9 ANSWER: "After the kicks to head, he followed that by crouching down and taking hi~ knuckltis, and taking full swing punches to the- side and back' of Mr. Bauer's head. Probably between four ami five punches as hard as he cari directly connect into tbe back of his head which is stin uncovered at this point." QUESTION: Were the officers saying anything at this point \0 one another? ANSWER: "I do not recall." QUESTION: TIle second officer who had kicked and punched the sabject, 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 w'as lying; on the floor, two'or three times just directly to the bea<l, to his face." , I ~sked bim ifbe saw any reaction froin Mr. Bauer, his response was "he was still lying there pretty mucb motionless." . QUESTION: Now tbe knee strikes that you described; how many of those did you see? ANSWER: ''Two to three." QuESTION: Were those powerful or mild? ANSWER: "Powerful. That's wbat I believe cansed most of t\1e bleeding fromMi: ,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 be waS getting hit in the face with bis knee." QUESTION: After the knee strikes, wltat did yon see? ANSWER: "I saw tbe officer, the same officer put hls 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."

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I asked hini. if anybody at the, bar told the officers to stop and be indicated, "Yes. Elissa Parker yelled from 20 feet away to stop. I don't have it word for word but sbe said just stop, you're going to, I believe she might have said stop you're going to kill bim." ' 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 the~e? "Yes." , QUESTION: Do you remember who pulled that up over his bead? ANSWER: "I did not see that. I didn't see it actually occur. I beard, When I was cleaning up, I heard, I , heard him spitting and they said we ,have to cover his face>so it will stop and I didn't see." QUESTION: So you're assuming the police pulled that up?

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ANSWER: "Yes. It would have· been police." QUESTION: But the fir~ttwo guys didn't pull up his ... ? ANSWER: "No." QUESTION; Shirt or jacket or anything of that nature and they had a clear view time of the incident? .. ANSWER; ".yes."

of his head the entire.

INTERVIF.;W WITH ADAM PISCHKE' ','
:Mr. Pischke was a bouncer who initially took down Jacob Bauer at State Street Brats and held him until . the poiice arrived. He did this with the assistance of the bar~agerwho 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 b.e Jacob Bauer? ANSWER: "Well at this 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 ann around his Deck because he's trying to throw me off as hard as lie Can sO.I'm increasing the.pressure around his neck until he says I quit resisting and he jnst doesn't decided to do anything else. He just lays . there until the cops arrive." . . QUESTION; Did you know the police Viere on their way? ANSWER: "Right. I did." QUESTION: At some point, either right before the pOlice got there or right as the po'lice got there, you decided to let him up? . ANSWER; "I let him free where the police were standing at his head on the ground and I let him free and he stood up. That's when llethimgp." QUESTION: At this point in time was he injured? ANSWER; ''1 do recall I did make his nose bleed because he was fighting me at the very beginning, so there was a littie biood on the ground from his nose proba.bly from the takedown i but it wasn't a Whole lot," QUESTION; When he gets up what happens?

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ANSWER: "When he gets up he gets up slowly you know, like nothing is suspicious or anything and then all of a sudden, when the cops try to apprehend him, he bolts away and tries torun out the side door. Bl,lt it was locked so he runs slraight hllo the door. Then the police try to take him down.~' QUESTION, Could he have been Injured when he ran into the door? ANSYVER: "He could have been but it. probably wouldn't have been too bad. He could have injured himself to the point of where he could hl!-ve starte<i bleeding from. He could have cuthimselfbllcausehe 'did run into it fairly hard, but it wasn't anything that would cause any severe injury." , QUESTION: Did he grab onto the door bar or something?
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ANSWER: "He grabbed onto parallel bars. He grabbed onto those bars and he wouldn't let go as. the police were irying to take him down.'~ , QUESTION: Were they trying to pry him off that? , ANSWER: "Yes, yeah, they were trying to lake him to the ground and he 'was refusing to go down. And part of the way he kept standing up holding onto those two' bars." ' ' QUESTION: Were they saying anything? ANSWER: "Stop resisting. That was pretty much thekey phrase for five minutes and he didn't." QUESTION: Once they gotlum, off. the bar did they stun him at all or use a move where they pushed him into the w a l l ? ' '

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ANSWER! "Yes, that's exactlytbe next thing I was going to say. Once they got him off th,e door they got him free and they threw him into one of our;well it's inarrow 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, gronnd." .

. , QUESTION: Did they manage to get him 'to the ground?
ANSWER: "They did eventually." QUESTION: Was it a struggle to dci that? ANSWER: "Right. It was. It was a pretty lengthy struggle in my opinion for two minutes or so trying to get him to the ground because he just wouldn't." QUESTION: I asked him how tbey got him to the ground.

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ANSWER: "One of the officers had an anTI around his back and. they put their leg ):lext to his knees. and . they basically tripped him 10 the ground. Tbat's how they got him down eventually. The officers b~sically . kept on saying stop resisting. or we are going to break your arm. Stop resisting or we are going to break your arm. He kept resi,ling and at one point they said, alright, 1?reak his arm .and I don'l know if it ever got broken or. whatever, but eventually they felt it was necessary ~ecause he was resisting and they couldn't get handcuffs on him for the life of them. I mean so they started kneeing him and stbmping 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 descrl~d in your e-mail to me that one officer stomped on his head? ANSWER: "Right." QUESTION: And was that officer 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 !lan' trecall but at some point he is reSisting to the poil)t where they said stop resisting. He dldn'tstop resisting and the officer in the standing position started basically he Jifted his leg alld his heel and starting landing shots from the bottom of his heel and the top 1 think was coming down on the sid" 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. 1 mean there was nothing over it or anything." QUESTION: There was liD jacket or sweatshirt over it? ANSWER: "There might have been for one of the stomps, maybe. But for the majority that I can remember ihere w~s nothing over his nead:" . QUESTION:.Did it look like he was aiming for his head? ANSWER: "Yes, it was. It wasGlear that 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 how to describe it butl mean it sounded like a thud I guess."

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

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.' ANSWER: "Yes theY.did ..I don't think it was when he was on the ground. I'm pretty sure it W I!" when he was standing \lP and still resisting and tbey were trying to bring him to the grouud. Thae s wqen they tri'ed . to punch him." QUESTION: Did you see any koee strikes to bis head when he was on the ground? ANSWER: "1 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 th~re 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: "Something -stop it, you're going to kill him. That's pretty much whatit was." QUESTION: At some point does she go into tbe. bathroom and use herceU phone? ANSWER: "I don't know whatshe.did but I do remember our manager say, and {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: "Ye8h, I don't kuow how to even say his last name, but Na.te 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 . pretty high. It was around where the bars are. I don't know what could have caused it or where it was from because I couldn't tell where this gny was bleeding." QUESTION: Who wimessed the incident besides Max and Elissa?

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ANSWER: "l think J probably had the best vantag~ point, but because J, ptobably should mention this, I help getting him to the ground and t!ley said no. But after a minuie 'mean r asked them if they wanted or two, aftef \!1eykept slrUggling, I eventually did· get involved·and get a little bitof my weight on his back as they were Irying to throw him to the ~ound and I did help take him to the ground for maybe five .

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seconds."
" QUESTION: Did they notice that?

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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'l get him to the ground and I asked them like right in the very beginning if they wanted help. They said rio. And at one point I was just like this is going 10 go' on for a while, I mean, so ljust instinctively I guess, Ijumped in and I didn'tuse a y,thole lot offorce 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 I did it. I was just getting to tbe point where this is nuts."

INTERVIEW WITH NATHAN QUELLA, BAR MANAt;iER
QUESTION: So they pushed him into the wall?

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QUESTION: Did he hit his head when this happened? ANSWER: "I think so. lcan't say for sure but there was blood on the wall there aitelWards so I 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 kn()w what a stunning technique is? Did it look to you like they were Irying to do that? ANSWER: "Yeah." 'QUESTION: Did he react after being pushed into the. wall. meaning did Mr. B,:uer react? ANSWER: "Yeah. he was still· kind of squirining arol.lnd." QUESTION: At some point they were abl~!t'...get hiln~the ground?

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ANSWER: "Yes." QUESTION: He was on his back at this point and they were trying to get him to tum over? ANSWER: "Yes," QUESTION: Was lie.still stnlgglingZ ANSWER: "Yeah, he would not tum over." QUESTION: How did they get him to'turnover?,

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ANSWER: "From wbat I saw they physically were wrenching him over and at that point I walked away from the cIoor because I had to make sure all my employees were not hurt or anything." . QUESTION: Did you see either ofthe officers phys.ically kick ?r strike this subject? . ANSWER: ''No, but I don't believe they could have kicked him because when 1 walked away they were . bolli on their knees like one Wll!' kind of up on hls back with his back towards the door and the other was right next t6 his head on bis kneesf' . QUESTION: Was·there abartender that indicated that she thought there was a problem? Is that correct? ANSvI'ER: "Yes." QUESTION: And who was that? ANSWER: "Elissa." QUESTION: And what did sbe say? ANSWER: "I believe she said. stoP it you're killing him. or you're hurting him, and then she wentto call the cops again." QUESTION: Did you 'discourage her from doing tbat? ANSWER: "Well i just wanted her to let them do their job because at this point I didn't really think they were using ex.cessive force. It didn't enter my mind reaUy. 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 afforce 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 ~ouid have thought it was ex.cessive force. I didn't really actually see that."

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INTERVJEW WITH GARRETT ALEXANDER
Garrett Alexander was interviewed at State Street Brats on' January 22 a['approximately 4:20 p.m. Mr.' Alexander indicated that he workS th~re.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 see~ed that one officer was trying to restrain him There were a rew other officers kickiDg imd then one officer kneed him in the face or the head. I don't know. I couldn't tell from the direction. It was bisface or \lis.head. All I saw was a knee to the head.:Idon't)cnow how many times he was kicked in the face or the head. All I saw was he was kneed to the head and I saw the kicking butl didn't.know how many times he was kicked in the face or the.head." . . QUESTION: I askd him if those kicks landed on his head and face.
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ANSWER: "A couple of mem did, I mean' the sound was kind of gruesome. It sounded like something. being smashed like a pumpkiu or something." QUESTION: I asked him if the subject's head was visible.

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ANSWER: "Yeah." QUESTION: I asked him if anything was covered. ANSWER: "Nothing over it." QUESTION: I asked him ifit appeared'ifthe 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."

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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 but it seemed like they were kicking mostly in the upper torso area." QUESTION: And was a knee to the head thougb? ANSWER: "Yeah." QUESTION: Okay, mid the noise that you described, was that after he got kicked or hit in the head?

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ANSWER: "Yeah." QUESTION: Or was thnt in theJorso? ANSWER: "They were kicking him. That's whatitsourided iike. I don't know ifitwas in th~ head. There was n lot going on in that small area at the time. lcould bear the sound. Ijlwtdon't know wh~e the.y were corDing from." . . QUESTION: You've got a clear recollection though of him getting kneed in the head? . ANSWER: "Yes." . QUESTION: Did you hear the office)S say aitything 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 anus behind your back and stuff like that, and he was resisting it 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 bours oftbe 29tIi Ty 1eriridic,atediJe was present when tbis incident happened. He saw the police
catch up to the suspect, that being Jacob Bauer. He indicated that while they were tryiJig to Bauer down, they are holding him and he is thrashing about like trying to throw his anus and get np. QUESTION: I aSked him if the officers'were saying anythin'g. .' 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 the bouncers were OIi top of him I mean it looked like everything was going to be fine, which was why I didn't think anything when the cops came in. But when the cops were on bim he just kept thrashing and just yelling." QUESTION: Do you recall what way his head was pointed?

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ANSWER: "Oh, it was pointed towards the. bar." ·QUESTION: 1 asked him·if he had a good view.

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ANSWER: "Yeah, his face was towards us and I was right in between the two tables and I had a direct line of sighi."

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QUESTION: I ilSked himwas·his head covered up with his jacket or sweater or anything. ANSWER: "Didn't look like it."

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QUESTION: Could you see the officer strike him withhis'knee? ANSWER: "Yeah," QUESTION: And where did he hit him when he struck him wirp his knee? ANSWER: "I'm pretty sure it looked like right in the hehd." QUESTION: Did it-look like'a forceful strike? ANSWER: 'Well, yeah, it could do some damage: It wasu'ta 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 squinning around." QUESTION: Were they still talking to him at this point? ANSWER:· "Yeah, they were just ~aying stop resisting," QUESTION: Did you see the officer kick the individual al any·thne? 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 tbe officer at any point put his knee on the person 'shead or face to put pressure on the person? ANSWER: "Idon't believe so, not that haw."

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QUESTION: Did it appear the officers were using excessive amount of force? . ANSWER: "No."

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INTERVIEW WITH POLICE OFFICER RYAN ORVIS
Officer orvis indicated that when he arrived he saw Jacoh Bauer lying on his stomach. He was near the door to go Qnto the patio at State Street Brats which is the east most door..fIe saw Officer Urso and Heims'ness kneellx;side him and they were holding him either by his arm or th(:y had their hallds on his back. He indicated that the officers aoknowledged 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,Department was going to look at him. He also told me they could see a - lot of blood in and around his mQuth and nose. It was difficult for him to tell exactly what t4e source of thebleed!ng was. He said he wasn't articulating any specific injuries. He indicated at one point Mr. Bauer startedsplttingblood towards Officer Sheehy and Officer Emily Becker. He saidhe placed Mr. Bauer in a position where he WOUldn't be able to spit anymore.

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INTERVI.EW WITH MIKE MATYSIK
This interview was conducted on January 23,2007 in the 200 block of Langdon SIIeet in my Madison ,Police vehicle. Michael indicated that he works at State Street Brats. He is a studentatUW-Madison and he is 21 years old. I asked him if he recalled the incident and he said he did. ''There was an incidenl A . 'glass was thrown at somebody, cutting one of the patrons like across the neck. And the person hitting "{as thrown to the ground, bounced by one of our bouncers and then arrested by the police." I asked him if he could tell 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 hlm if he heard officers say anything to the subject:He said he heard him to stay still and he did hear a person on the ground yelling i 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 enmes with the correCt date of birth of 518/83. 'two of those are for felonies including the latest incident at State Street Brats. He bas an open felony case from 2006. He bas 'a nusdemeanor case from 2005 and another misdemeanor from 2004. The rest are criinlnal traffic and traffic cases. He also has a criminal misdemeanorfrom2006 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 re~iewed reports related to Jacob Bauer in an attempt to obtain background information on him and' located areport from tbe Village of Waunakee Police Department. Their case numbeds 2006-60011. In that caseJacob Bauer punched a subject by the name ofBnan Anderson in the nose breaking Anderson's nose at a residence in the Village of Waunakee. The incidentwas sparked when Mr. Bauer took offense at Anderson grabbed his girlfriend around the waist.

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I also. located one of our cases' from 2004. The 2004 case number is 04-118352. That case ·.was cases· '.was investigated by Officer Andre Lewis. A sUbject by the name of Scott KoraJikindicat6!> that he was atIan' s Pizza at 319, N. Frances Street at approximately 2:51 a.m. He indicated that Bauer thought.he cut in front 319· 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 pnin and he did not give Bauer consent to him, however .he did not want to pursue a complaint against Jacob Ba\ler. . ,he I located another case from 2005; This is a Madison Police Department case. The case number. is 0510812. This is a case inwhicb Mr. Bauer had been arrested from drunk driving. He vi'as in handcuffs in vi·as the basement of the City-County Building. Initially he had been handcuffed behind his back and managed to slip the cuffs '!fOUn9 and then bas themin front of.him. When he got out of the squad car he forcefully swung his elbows at the arresting officers who hapP\,ned to be Officer Dave Minnert (ph) aud Officer. Dao Xiong. Office~ noted that Bauer was yelling such things as :'fuck you," directed towards the officer and tbeywere teIlinghim [0 stop resisting and to get on the ground. He refused to do so andeven 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 tiote that durlng the incident at State Street Brats with Officer Heimsness aild Ursa, Bauer is'yelling "fuck you" and calling the officers "faggots" and again flailing his arms and upper,body . around. ' , ' . . · I 'noted another' Madison Police report from 2004. That case number is 04-38054. That case involved a subject by the narae of Dave Moore wbo was arguing with his girlfriend at4213 Maher Avenue. Atsome at.4213 point during this argument Bauer who resided at tbat address stepped between the .two and struck David two . Moore on the right side of his nose with a closed fist. The nose ended up swelling arid 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 · . in·tention. 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 bad contact with Randy Burmeister of the DA's Office regarding this caSe. Mr. Burmeister picked up the reports iu the e-mails and my interviews tba:t were not Garity'Warnings, specifically were not the officer's interviews. I note Mr. Blanchard wrote in an e·mail to me "I bave now read several times tbe reports you have provided following up on my review of the reports from the substantial batl\lry case against Jacob Bauer. I do not find iIi tpose reports a sufficient base t.o open a more fonnal investigation of this office into the circumstances surrounding the arrest of Bauer on 12129/06 at Stale Street Brats to determine if criminal charges might be warranted against any Madison Police Officers. Relevantfactors include agreement by all witnesses that Bauer was very actively resisting police after c.orruniiting .an act of extreme violence ,an (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 tbat police officers are trained to use escalating force in such situations, whiCh can include delivering blows by and, knee or fOOl This last fact might surprise s.ome Citizens, a factor that must be considered in reviewing witness

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statements in cases of this klnd. I believe Investigator Bimneister shares my view of lack of evidence ' pointing towards a need for more fonnal investigation bey~nd,which you have obtail)ed,"

CONCLUSIONS
I think that Mr. Blanchard correctly states the circum~tances surrounding the arrest of Mr. Bal!~r pn 12/29/06. I also hote that the officers repeatedly told Mr. Bauer to stop resisting, to give us your arms or, 10 get down on the ground and all those conunands fell on deaf ears. It has to be noted that Mr. Bauer was offering an extreme amount of resistance to the officers.
This cas~ also has to be considered'in light of the nature of the underlying offense. The underlying' offens~ was an extremely violentfelony, lireaklng glasifinto the side of someone's face or head is a very serious criminal act. EVen mOfe 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 tbe bouncers and had to be restrained until the police got there. Though he stopped resisting , with a bouncer on top of him and a manager on his leg, it was only because the bount;:er Adam Pischke· had ruin pinned in a very forceful manner to the floor. Mr. Bauer was in no position to escape from' Pischke's grasp. You a1so'should note that Mr. Pischke is a hurdler on the UW Track team. He is approximately 6' and 185 Ibs. !:Ie goes to track practice every dayand lifts weights for J)ivision 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 physical comlition. 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 fieeingout the side door that leads to the bar area. If Mr. Bauer had managed to escape, he probably would not have been identified aniltbis case, as serious as it was, wonld have gone unsolved. Mr. Baner had a lot at'slllke in terms ofresistlng the officers' attempts t,otake him into custody, I think it is very clear that he was resistins at avery, very high level.

I also consider this in the light of Mr. Bauer's past behavior. !:Ie has a horrific re,cord in regards to his contacts with the police. !:Ie resists police violently and forcefully. !:Ie 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 g r o u n d . · ,

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>-_-'OYercoming re'i8t=_ _ _ _ _ _ _- - - - - - - - - - - - - , - - - - - -_ _ _ _ __ 3>-_-.!Cb!ercoming 4. Preventing escape,

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February 14, 2007 Page 22 5. 6. Protecting oneself or another. Maintaining order. .

All of those elements 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 fo'llows: Officers shall only use the degree of force reasonably believed to be necessary to c'ontrcil a situation considering the following factors: . .

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The existence of alternative methods of control. Physical size, strength and weaponry of lhe person as compared to the officer. The nature of the encounter. ..:. . Actions of the person .. . Exigeut conditions (i.e., avrulability of backup, number of persons involved, etc.). The severity of the offense. . . Whether the suspect poses a threat to the safety of pfficers or citizenS: Wbether the suspect is .actively resisting anest or attempting to evade arrest by flight.

The policy further states: . Control of a person through verbal commands sha1l always be the preferred method of control. Because verbal commands are not always effective or appropriate in gaining-compliance, officers may escalate the degree of force based on the actions of the person they are attempting to control. It does not appear. the officers had any oiber. alternative methods available to them given the circumstances. They physical size and strength of Mr. Bauer, although he is 5' 10" and rather thin, was. awfully strong iUld very resistive at the time. He was strong enough that he was able to give Mr. Pischke and the bar manager a difficult time until they were able to get him on the grol!1ld..The natore of the encounter again is a very violent incidenUnvolving someone breaking a glass in the face of. another person. Mr. Bauer was strongly 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 i)lto custody. The severity of the offense as noted above, itis a very serious offense. Mr. Bauer clearly posed a threat to both officers and·citizens. Tbere was rio question that Mr. Bauer was actively resisting: .. . The State of Wi scan sinDAT Manual authorizes kicks and knee strikes in situations in which individuals are violently resisting. I believe that was. the case here. The case is troubling from the aspect of the number of people that are indicating thai Bauer was kicked directly in the head. Bufeven those stutements are stlmewbateontradicted bypeopJe thatindicate maybe be was kicked in the torso or he was only kneed in the bead and was not kicked' in tbe head. Clearly Max Michalskl 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 sirrdlar to that of Mr.. Michalski's. .

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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 be saw that the head was covered butthat was all that Officer Urs~ saw.

Officer Ursa did not see any kriee strikes, any kicks or any punche.~, but he was aware that there was it struggle going on. Officer UrSa indicates he was so focused on handc)1ffing the suspect and maintaining control of the suspect's right wrist, that he was not obserying what was going on. He was also very focused on not getting blood on himself or trying to limit 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 strtkes or kicks to the person's head.

ram unable to reconcile these differences but note that this was a very tense difficult situation and that the degree of injuIo/ apparent in the pictu.re8 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 no\ look. like a person who has been really beat up. D~ring my career I've seen people with both eyes swollen shut, , a: nose displaced and a jaw horribly swollen. That was not the case here. If the descriptions of Mr. Bauer being kicked repeatedly in the hea!i Were accurate, one would think that he would have more injuries thim 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 orinjury related to this matter. LaS!:ly, I don't believe there are any medical records available because it was noted in t4e 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 factcJeared to go to the Dane County Jan that night Investigator Bnrineister told me thatlhe jail records mdicate that Bauer was extremely intoxicated and was monitored throughout the night related to his level of intoxication.· .
I am forwarding this to yon for your review and consideration.

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MADISON POLICE DEPARTMENT MEMORANDUM

Noble Wray, ChiefofPoJice John Davenport, Asslstant Chief of Police· Randy Gaber, Assistant Chief of Police Mary Schauf, Captain, Central District Pat Malloy, Lieutenant ofPoJice February 26:200i' Internal Investigation 20b7-01

This memo is a follow-up to my memo of-February 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 ~f Justice on January 16, 2002. I have also looked at this model in conjunction with our Use of Force polky. I have had the assistance of Captain Cam McLay. Captain McLay has reviewed the complete file on the matter' ~ has provided vitluable assistance and advice.
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.As you know, this was a somewhat'unique and. difficult situation for the two offic,ers invoived. The subject·they were. trying to arrest, Jacob Bauer, hid just committed a violent felony.' He attempted to flee and was restraiiled by bouncers, and when the officers arrived, he attempted to flee again. 'When Officers Heimsness and Urso hied 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 cOIDIDunication in an effort to arrest Mr. Bauer. In response, Mr. Bauer fled. Officer Heimsness yelled to Mr. Bauerthat 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 him, they were able to get him to J:he ground. They were unable to overcome his active resistance. ·The officers continually told Mr. Bauer . to stop resisting, get on the ground, and put his anUs behind his back. Those commands were . ignored. Officer Urso was attempting to handcuff Mr. Bauer's right hand. Officer HeimSli.ess initially attempted to restrain the left arm and was unable to do so. It was at this time Officer Heimsness moved to the stage of active coUntermeasures which are designed to create dysfunction in a violently resisting suspect. Those .countermeasures included kicks 'and knee strikes. ' . . __.Jt sbould hUloted tbat pUorto the officers' arrival,.Jhe.two bar employees that Were restraining '':''It hrcnoted prior to arrival,.Jhe. two Mr. Bauer had some difficulty with him. Adam Pischke, who is an athle;te at the University of

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Vadous pebruary26,2007 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 mentionthis 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 varying 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 subj ect 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 intenc4xi to strike'the subject in the head. He indicated'if 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 viere directly to the head.
In reviewhig the witness statements, I believe that the statemept of Adam Pischke,is the most helpful.

Adam was the bouncer who initially restrained Mr. Bauer after the incident. Adam is also the one , who pushed on Mr. Bauer thereby assisting the officers in their efforts to take him to the 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 tpe 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 knee strikes, Adam said, "I don't believe they were to his head directly. They were to his midsection ,hls ribs or the collarbone/shoulder area but there weren't any knee s1J;ikes directly to the head, as far as I can remember. " Another witness was identified as Garrett Alexander. He is a student at UW and a part-time employee of the State Street Brat & Grill. He was not waiting at the time of the incident but was socialiZing at the bw::. He indicated he had been drinking. Mr. ,Alexander's recollection is somewhat coirrused and he thought there were more than two officers involved in the !UTest ofJacob Bauer. He indicated he had seen from his vantage point some kicks to the head but also stated, 1'I'm not sure if any of the body hits were landed but it seemed like they were kicking him in the upper torso area."

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Mr. Pischke provides information that Mr.,Bauer's head may have been covered at some point during this incident which corroborates the officers' reports. He also clearly provides confumaJion that the knee strikes wei:e not to the head area, which supports PO Heimsness's statements that he W3S attempting to strike the person in the upper body area and not ,the head. Again, Mr. Pischke Was clo.se enough that he could reach in and push on the resisting Mr. Bauer. Mr. Alexander's stat~ment, while Dot as clear.as Mr. Pischke'S, supports the officer was kicking the subject in the upper torso area It should be noted that Mr. Alexander was at the bar observing this as

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Various , February 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 subjecfdirectly in the head. Of course, this conflicts with, Mr. Pischke's statement that the knee strikes were to the body.

r 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 tq see from a great number of forceful kicks to the head. I believe captain McLay shares that opinion. This could suggest 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 amount of damage that I have observed on a numb,er of, occasions of people with severe face and injuries related to fights.
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In reviewing the use of fprce, it appears that the officers had to escalate to using "incapacitating

techniques" to cauSe the i=ediate temporary· cessation of violent behavior on the part of Mr. Bauer. Kicks and knee strikes are authorized under the DAAT model as active counter 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 the circumstances. Our policy requires officers to consider the existence df alternative methods of control.: It appears there were no other alternative methocjs available" to the officers in.this case. They are also to consider the physical size, strength 8!ld weaponry of the person the officers are trying to arrest. Although Mr, Bauer's physical size is not uousual, 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 injury, 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. ,Eltigent circumstances in my view existed because Mr. Bauer was trying to escape after he committed a violent felony and WaS displaying an extreme amount of violent resistance toward the officers. Officers are to ,consider the severity ofthe offense involved in the incident. As noted above, the offense was a violent felony. Officers are to 'consider whether the Subject poses a. tlireat to ,the safety of officers or citizen,s. 1 beJieve Mr, Bauer did pose a threat in that he had just injured a subject he did not know by SIDaShing 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 fai::tor officers· are to consider is whether the sUspect is actively resisting arrest or attempting to evade arrest. Clearly, the answer to that was that h1r. Bauer was doing both. It is also imp01iant to note that once Mr. Bauer was taken into custody and restrained, aJ1 forceful actions taken on part of the officers stopped.. The officers requested an ambulance for Mr. Bauer and he Wall conveyed to Meriter Hospital where he continued to be obnoxious and difficult. Mr. Bauer refused medical attention. He was cleared by hospital staff for incarceration in the County Jail. .

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, CONCLUSION: It is my belietthis complaint should be classified as not sustained. I am making it not sustrlned because I cannot say for certain that eacb kiGk Qr knee strike to the head waS inart",v"-,,,,,,rl,,eilln... _-'-_:--,_~_ _ __ inart",y",,,,,,rlJJ;eaJnLt. t.

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Various February 26, 2007 Page 4 As I noted earlier, this was a somewhat unique and difficult s,iillation for the officers involved. Officer'Heimsness indicated in his interview that he·had never had to use as many active countermeasures as he did the night he had to fl!Test' Jacob Bauer. It als~ interesting to pote that the .l",vel offorce that was used to restrain Mr. Bauer pdor to the police arrival was what is COnllnonly referred to as a choke hold. This 'was applied by Mr. Pischke in his successful efforts to ):eitrain and detain Mr. Baner: 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 im:ri1ediately before his contact with Madison police officers. .

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For the most part, the officers' actions were reasonable and necessary. This action iricludes the kicks and !<nee strikes. It is my belief that without using a high level of aytive countermeasures, Mr. Bauer would have continued to fight aJ).d attempt to flee, thus presenting a continuing danger to both <;>fficers and the public. . .

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.MADISON POLICE DEPARTMENT'
MEMORAN.DUM

TO:

i. FROM:

No1;Jle Wray, Chief of Police John Davenport, Assistant Chief of Police Randy Gaber, Assistant Chief of Police Mary Schauf, Captain Pat Malloy Internal Investigation 2007:01 March 2, 2007

.RE:

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As you know, I completed a follow-up interview regarding the State Street Brats case with PO Cory Ursa on 3/1/07 at 5:30 am in the Chief's Coilferenoe Room. Officer Ursa was accompanied' by MPOA President Scott· Favour. Officer Ursa Was cooperative during the interview. He statement to me was consistent with··his earlier interview. He indicated he did not see. Officer Heiinsness deliver any . kicks, knee strikes, or punches to Jacob Bauer. Officer Ursa 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 14e 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 miI).ute. He told me that Mr. Bauer-putup'an awful lot pfresistance at the time of his arrest. He . !!Iso 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 Ursa could not provide any additional itiormation reference this investigation. A copy ofthe transcript will be provided as soon as it is transcribed.

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Report 102
MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as: 11/14/2012 10- Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer-Involved Shooting Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET JOHN MESSER 3096 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

SUSPECT

PAUL H HEENAN MNV OOB: ~ 982 (30 yrs) THOMAS R ANDERSON MNV

CONTACT

HOW 10'0:

NARRATIVE: On 11/13/12 at approximately 7:00 PM, I was approached by Madison Police Department K9 Officer Henry Wilson, who stated that he was outside on Carroll St when he was approached by a male subject who wanted to give information to detectives about the recent officer-involved ~O Wilson stated that he was approached by Tom Anderson, with a cell phone number o f _ who told PO Wilson that he knew that Heenan had a drug and alcohol problem and would like to give a fuller picture of Heenan's past to a detective. I had initially tried to call Anderson, however, received his voicemail. At approximately 9:00 PM, I finally was able to make contact with Anderson at his cell phone o f _ Anderson stated that he wanted to make a statement to the police about Paul Heenan. Anderson stated that he believed that after watching media coverage of the recent officer-involved shooting, he believed the coverage did not paint an accurate and complete picture of Paul Heenan. Anderson told me that the Paulie Heenan he knew had a severe drug and alcohol problem. Anderson stated that he did not know Heenan to be a violent person, but did know that he definitely had a problem with drugs and alcohol. Anderson added he was not surprised that Heenan would walk into a wrong house. I asked Anderson to tell me how long he had known Heenan. He stated he first met Paulie Heenan around 2002, when Heenan was a guitarist in a band called Monovox. He stated Monovox was an up and coming band from Madison, and during that year had won a large recording contract. He stated that the band Monovox had actually toured with the band Big Head Todd and the Monster. However, the band members including Heenan were so much into partying that they were eventually asked to leave the tour. Anderson stated in 2003, he owned a production company called Head West Productions. He stated he then took over management of the band Monovox. Anderson did state during this time that he also had a drug problem and it was a very bad part of his life. He stated that this was when he got to know

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Paulie Heenan the best. He stated Heenan had an opiate and oxycontin addiction. Anderson further stated that he personally bought cocaine from Heenan on several occasions. Anderson stated that sometime during the year 2004, Heenan stole from him a $1,000 piece of recording equipment, just prior to Heenan and Heenan's friend, Matt Schaefer, moving back to New York City. Anderson did not report the theft to police. Anderson stated that Heenan and Schaefer moved to New York City to try to resurrect their musical careers. Anderson stated it was around the end of 2004 he last saw Heenan in person. Anderson stated it was August of 2005 that he became sober and that he has not done drugs since that time. Anderson stated that he had not seen or heard from Paulie Heenan since 2004 and did not realize he was back in Madison until he saw the headlines involving the officer-involved shooting. I asked Anderson if he knew anybody in Madison currently that Heenan would be visiting or partying with. Anderson stated it's possible he would be partying with the old members of the group Monovox, but he could not remember the names of the band members and was not sure they were still in Madison. Anderson stated that he has no animosity towards Heenan, nor any anger. Anderson stated he just wanted to give police a fuller picture of Paul Heenan. Anderson stated that after seeing media coverage of Heenan being portrayed as a peaceful musician, he just wanted to make sure that police had a fuller picture of Heenan's past and issues with drugs and alcohol. Anderson stated that he is willing to answer further questions if needed and could best be reached at his cell phone number. Prior to ending our contact, I asked Anderson how he had come to approach PO Wilson on the Carroll St entrance to the Madison Police Dept. He stated that he currently works at a business at 131 W Wilson and was walking down the street and thought it was important to tell the police. NFAIace Supervisory Officer: Reporting Officer: OETJOHN MESSER
1.0.: _ __

1.0.: 3096

01/09/2013

350 377

Report 103 MADISON POLICE DEPARTMENT
Report Completed: 11/14/2012 Occurred Incident: Dispatched as: 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: RESIDENTIAL BURGLARY/OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 From Date/Time: Dispatch DatelTime: 11/09/201206:02 Thru DatelTime: Reporting Officer: DET ROGER B BAKER 2304 Report sent: Special Routing:

SUSPECT STATUS: CONTACT

PAUL H HEENAN MNV DOB:_982 (30 yrs) DECEASEcr--

EMPLOYER: NARRATIVE On 11/13/121 spoke with Detective Riesterer, who is the lead detective on this investigation, pertaining to my interview with Mark Whitcomb on 11/9112. It should be noted that during my interview with Whitcomb on that occasion, he commented that he believed that the decedent, Paul Heenan, had planned to visit Genna's Lounge located at 105 West Main Street in Madison the evening before he was killed to see a band. Detective Riesterer requested that I recontact Whitcomb and attempt to obtain more detailed information about whether Heenan likely did in fact visit Genna's Lounge on the evening of 11/8/12/early morning of 11/9/12. On 11/14/12 at approximately 9:15am I recontacted Whitcomb via telephone. I then asked Whitcomb if I could speak with him again about my original interview with him, which was he was agreeable to. I then asked Whitcomb for more information concerning whether Heenan had visited Genna's Lounge on this occasion before he was killed. Whitcomb informed me that he was aware that Heenan had intended to visit Genna's Lounge on the evening of 11/8112 for the purpose of seeing and listening to a band called Cowboy Winter, which was playing in the upstairs area of the bar. Whitcomb stated that he was aware that on that evening, Cowboy Winter was scheduled to play from 10:30pm until approximately 11 :30pm. I learned from Whitcomb that he had learned from several individuals that Heenan did in fact listen to Cowboy Winter , whom he identified as an individual named Kevin Wilmott III, and subsequently spoke the who can be reached I did learn from Whitcomb that Cowboy Winter is a local Madison band. I then spoke with Whitcomb about who may have actually seen Heenan at Genna's that evening. Although Whitcomb stated that several people that he knows had reportedly seen Heenan there, he only provided me with the identity of one individual. Whitcomb identified this particular individual as the bartender at Genna's that evening, whom he described by name as Janette Danscome (ph.). I attempted to obtain more descriptive information on Danscome through the New World files but did

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not locate any prior MPD contacts with her under the name and phonetic spelling that Whitcomb provided me with. While running a query under the first name of Jeanette I did find prior MPD contacts with a Jeanette K Dainty-Dunscombe FIW_/72. I did not receive any additional information from Whitcomb and concluded my interview witlihl'in at approximately 9:30am. NFI/jas Supervisory Officer: Reporting Officer: OET ROGER B BAKER
1.0.: _ __

1.0.: 2304

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Report 104

MADISON POLICE DEPARTMENT Report Completed: Occurred Incident: Dispatched as: 11/9/2012 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer-Involved Shooting Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: PO SCOTT A MCCONNELL 2129 Special Routing:

From DateiTime: Thru DateiTime: Report sent:

CONTACT

~1983(2~rs)
~AIBHT ST. MADISON WI

MATTHEW J MELLA

CONTACT

.S

KRIS NONN MIW DOB:_1979 (33 yrs) BALDWiN"MADISON WI H:

CONTACT

NARRATIVE: On 11/9/2012 at approximately 6:30 AM, I was dispatched to assist with the southern edge of the scene of 513 S Baldwin. I went to the Spaight St end of the block, where I assisted PO Mertz until he was relieved. At approximately 7:56 AM, Matthew Mella, who lives at .Spaight StN,left the S Baldwin, area. I assisted him leaving, and at 8:05 AM, another resident, Kris Nonn, who lives a left the area. I assisted with that, getting Nonn out of the area. I was relieved for a sho period of time by PO Alvarez at 9:07 AM to take a break, and I returned to this same part of the scene at 9:31 AM. At 09:52 AM, I was approached by a white male who told me that he had dropped off a very intoxicated friend of his named Paul and was hoping that he wasn't involved in anything of what was going on here. The man identified himself as Bregan Fuller and stated that he owns a business nearby where Paul had been drinking, and he said he was quite intoxicated, so he, Fuller, gave Paul a ride home onto this block. At this point, I flagged down Det. Julie Johnson, who came over and interviewed Mr. Fuller. At 11 :50 AM, I was relieved by Beckfield for a break, and I returned at 12:34 PM, and then I was fully relieved by PO Alvarez at 1:25 PM and left the scene permanently at that time. NFAlace Supervisory Officer: Reporting Officer: PO SCOTT A MCCONNELL I.D.: _ ___ __

I.D.: 2129

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Report 105

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
11/14/2012

10 - Residential Burglary
10- Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin SI 11/09/201202:46 Call DatelTime: Dispatch DatelTime: 11/09/201206:02 Reporting Officer: SGT LAURI L SCHWARTZ 2038 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

NARRATIVE: On 11-09-12 at 1:45 p.m., I responded to 500 S. Baldwin where I replaced Sg\. Rahaman who was overseeing officers Alvarez, Veatch and Beckfield. The officers were maintaining an exterior 'perimeter with their squads and crime scene tape. Lt. Strassman and Detective Johnson were the only other persons on the scene inside the perimeter. At Lt. Strassman's direction, we began to tear down the perimeter but were then advised not to at approximately 2:30 p.m. I then was replaced by Sg\. Kane at the scene.

NFA
Supervisory Officer: I.D.: _ ___ __

Reporting Officer: SGT LAURI L SCHWARTZ jmn

I.D.: 2038

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381

Report 106

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
11111/2012

10 - Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/2012 06:02 Reporting Officer: DET THOMAS H HELGREN 2405 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

SUSPECT

PAUL HEENAN MNV OOB: ~ 982 (30 yrs)

OFFICER NARRATIVE: A receipt from Blain's Farm & Fleet was located in Heenan's pocket. I was requested to go obtain the video for his purchase on 11/8/12 at 1:41 p.m. I contacted the manager of Blain's Farm & Fleet who provided me with the footage of the transaction. He then burned a copy onto a which I then property tagged under number 291357. It should be noted that I identified the deceased subject with use of a photograph of his Oepartment of Transportation picture given to me by other officers. I also noted on the receipt from Farm & Fleet that a car battery was purchased. This individual who I identified from the photograph was also purchasing a car battery at the time. The OVO was placed in locker 40 of the East Police District.

ava,

NFAlcmb
Supervisory Officer: 1.0.: _ __

Reporting Officer: OET THOMAS H HELGREN

1.0.: 2405

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355

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Report 107

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as: 11/13/2012 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Death Investigation Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11109/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET JAMAR J GARY 3268 Special Routing:

From Date/Time: Thru DatelTime: Report sent:

CONTACT

HOWID'D: NARRATIVE: On 11/10/12 Lt. Trevor Knight sent me an email that stated that Maggie Boepple contacted MPD and wanted to provide information on Paul Heenan's character. I returned to the office on 11/13/12 and contacted Boepple by phone at 2:25 pm. Boepple stated that she knew Heenan for 5 years and referred to him as "Paulie." Boepple stated that she was previously the president of the Lower Manhattan Cultural Council (LMCC) at 125 Maiden Lane Basement 2, New York, New York. Boepple stated that during her time as president of the LMCC, Paulie worked for her as an IT employee. Boepple stated Paulie was extremely talented when it came to working with computers, Apple products especially. Boepple stated that LMCC replaced all of its computers with Apple computers and Paulie was instrumental in the conversion because he was "just good with computers." Boepple stated that LMCC was founded by John D. Rockefeller. Boepple stated that LMCC is an Arts Council that disseminates grants for artists and musicians. Boepple stated that LMCC provided artists and musicians with work space and the use of the computers. Boepple stated that the computers were also used by the LMCC for its business practices. Boepple stated that after she left LMCC she continued to hire Paulie to conduct IT work in her home. Boepple stated that Paulie was like a part of her family. Boepple stated that her husband was also fond of Paulie and she believed her husband to be a great judge of character. Boepple stated that Paulie was a very gentle and caring man with bushy hair and a wonderful smile. Boepple stated that Paulie got along with all of his coworkers. Boepple described Paulie as motherly because he was so caring. Boepple acknowledged that she was not at the incident where Paulie died. Boepple stated however that everything that she read in the news about the incident was inconsistent with what she knew of Paulie. Boepple stated, "I can't imagine he lunged for someone's gun." Boepple added that she often worked with NYPD so she is not bias against the police. Boepple stated that she couldn't imagine that Paulie would lunge for a gun even if he was drunk.

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I asked Boepple if she was aware of Paulie having an issue with alcohol or drugs. Boepple stated that Paulie never used either as far as she knew from a president's point of view. Boepple stated that both alcohol and drug abuse were prevalent in the art and music industry so she had observed it in other employees but she did not notice it in Paulie. I asked Boepple if she was ever made aware of Paulie having contact with the police while he was in New York. Boepple stated that as president she was often made aware of incidents where employees had contact with police. Boepple stated however that nothing was ever brought to her attention about Paulie in that regard. I asked Boepple if Paulie confided in her about his marriage. Boepple stated that she knew that Paulie was having problems with his marriage but he never confided in her about what was going on. Boepple stated that Paulie told her that he was turning over his IT business to Mae Saslaw. Boepple described Mae as Paulie's ex-wife although she was not sure if they were officially divorced. I asked Boepple if she knew why Paulie went to New York. Boepple stated that she did not know. Boepple stated that Paulie was already at LMCC when Boepple became president. Boepple stated that Paulie left New York in May of 2012. Boepple stated that Paulie had always felt a connection to Madison, WI. Boepple stated that she knew that Paulie wanted to become more involved in the music industry and less so in the IT industry. Boepple stated that nothing made sense. Boepple stated that she and her husband were bereft. Boepple stated that everyone that Paulie worked with in New York was beside themselves. Boepple stated, "It does not add up. I think I reflect everyone who lives here." I asked Boepple if there was anything else that she wanted to add. She stated that there was not. provided Boepple with my name and phone number in case anything else came to her mind. NFA

Supervisory Officer: Reporting Officer:
DET JAMAR J GARY

1.0.: _ __

I.D.: 3268

0110912013

358

386

Report 108
MADISON POLICE DEPARTMENT

Report Completed: Occurred Incident: Dispatched as:

11/15/2012

10- Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET MICHELLE RIESTERER 2324 Special Routing:

From DatelTime: Thru DateiTime: Report sent:

NARRATIVE: ATTEMPT CONTACT WITH O'MALLEY On 11/15/2012, I attempted to contact Megan and Kevin O'Malley. During this time, I did call the landline and at approximately 9:15 a.m. I spoke to a female, who identified herself as Megan's mother, by the first name of Ellen. I informed Ellen that I was attempting to get a hold of Megan and Kevin and I had left a message on their cell phones. Ellen advised that she is not sure if they are checking their voicemail, and their voicemails may be inundated with messages. I informed Ellen that we wished to speak with Kevin. I told her we had a few more questions and wanted to be respectful of what they are going thru. I advised I was not sure if they no longer wanted us to contact them and if that is what they wished to please notify by leaving a voicemail on my work phone. Ellen advised that she would take my information, but she also requested I call back and leave a message on their landline and she would not pick up. After I ended my contact with Ellen, ,I called the O'Malley residence back, where I left a voicemail identifying myself and wishing to speak to them and if they did not wish to speak to us, to please notify us by leaving a voicemail. I also informed them that I did not want to keep on bothering them by leaving them multiple messages with everything they are experiencing with this incident. On 11/15/121 received a call from Hal Harlowe who identified himself as a lawyer representing the O'Malley's. Harlowe advised Kevin wished to make a statement to us and requested it be videotaped. Arrangements were made and the interview was set up for 11/16/12 at 2pm at the Central Police District. Investigation continuing.

Supervisory Officer:

1.0.: _ __

Reporting Officer: DET MICHELLE RIESTERER
brn

1.0.: 2324

01109/2013

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387

Report 109 MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as: 11/15/2012 10 - Residential Burglary 10- Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

OFFICER-INVOLVED SHOOTING Case Offense: Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET MICHELLE RIESTERER 2324 Special Routing:

From Date/Time: Thru DatelTime: Report sent:

NARRATIVE: RELEASE OF VAN On 11/15/2012, I had conferred with DA Ishmael Ozanne about releasing a van that we had in our custody reference this investigation. The van belongs to John Heenan and John was allowing his son, Paul Heenan, to use drive it. During the course of this investigation, we did take the vehicle and conduct a search of the vehicle. After conferring with DA Ismael Ozanne, I was advised that I could release the vehicle to John Heenan. On 11/15/2012 at approximately 8:55 a.m., I made phone contact with John. I advised John that the vehicle would be released on today's date. From prior conversations, I knew John wished that the vehicle be placed on a flatbed to his residence and placed in front of the detached garage. I asked John if this was the same plan and he advised that he wished for that to occur. I informed John that there was a wire wine rack that was still in the van that belonged to Amelia and Nate and asked if he could return that to them. John advised that he would do so. I ended my contact with John. It should be noted that I contacted PO Fleischauer reference releasing the vehicle. It should be noted the vehicle in question had Wisconsin registration 702H1VV. On 11/15/2012 at 9:40 a.m., I received an email from PO Fleischauer saying that the vehicle was released to Schmidt's and had been towed to the requested address of 5223 Locust Grove Rd in Oregon, Wisconsin. The property tag associated with this vehicle was 291349.

Supervisory Officer:

1.0.: _ __ _ __

Reporting Officer: DET MICHELLE RIESTERER
brn

1.0.: 2324

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Report 110

MADISON POLICE DEPARTMENT Report Completed: 11/13/2012 Occurred Incident: Dispatched as: 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11109/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET GREGG LUEDTKE 2524 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

CONTACT

RUSS P McMINN

_1986 (25 yrs) GHT ST,, LOWER LEVEL APT MADISON WI C:

W:_

NARRATIVE

I On November 13, 2012, at approximately 11: 10 am, I received a phone call from a male who verbally identified himself to me as Russ McMinn. McMinn told me that he had received information from his roommate, James Parr, that I needed to speak to him reference the shooting investigation on at South Baldwin Street.
I identified myself to McMinn and told him that I needed to verify whether he was home on November

9, 2012. McMinn told me that he was. McMinn told me that he was sleeping at the time this incident g, was reported to Madison Police. McMinn told me that he did not hear any noise, disturbance, and had no idea that an investigation was going on in the 500 block of South Baldwin Street until he walked outside around 6:00 am later that morning. McMinn told me he could not provide any pertinent information to this investigation.
Spaight Street on the second floor. McMinn told me there were two additional tenants who r6sicled in the building. McMinn told me that he knew a male identified as Sam LNU resided on the third floor. McMinn told me that a male identified as Dan LNU resided on the second floor. McMinn told me he had no idea if these gth individuals were home on November 9th McMinn stated that he would provide my number to these individuals and ask that they make phone contact with me. I ended my phone contact with Russ McMinn at that time. End of report. Supervisory Officer: Reporting Officer: DET GREGG LUEDTKE bls 1.0.: _ __

I asked McMinn if he knew the residents who resided at _

1.0.: 2524

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Report I I I

MADISON POLICE DEPARTMENT Report Completed: Occurred Incident: Dispatched as: 11/13/2012 10- Residential Burglary 10- Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer-Involved Shooting Addr of Occurrence: 513 S Baldwin St 11/09/201202:46 Call DatelTime: Dispatch DatelTime: 11/09/201206:02 Reporting Officer: OET ERIC A VOSBURG 3246 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

VICTIM

PAUL H HEENAN MIW DOB: ~2 (30 yrs) Height: 5'11" Weight: 140 HairColor: B~yeColor: BLU 503 S BALDWIN ST 2 MADISON WI H : _

DRV LlC: PROPERTY INFO' Status Lkr# Description Tag # Code E 291507 WSCL 9mm bullet labeled "A" WSCL 9mm bullet labeled "C" E 291508 Handgun with magazine,one E 291478 WSCL cartridge

Brand

Model

Serial No.

Est Value

Rec Value

Glock

17

CGK156US

Attachments: (2) WSCL Receipts of Physical Evidence for (M12-5065) (2) MPD Property Room Release/Receipt/Disposition sheets EVIDENCE TRANSPORTED TO WSCL: On Tuesday November 13 th , I was assigned to retrieve the above listed propert items and transport them to the Wisconsin State Crime Laboratory for further analysis. I received the above three packaged and sealed items from MPD property cleard Brad Zemp at 2:55pm. I transported the items directly to the WSCL. Once at the WSCL, Evidence Specialist Julia A. Liethen took custody of them. While at the WSCL, WSCL employee Bill Newhouse informed that it would be useful for his analysis of the submitted Glock handgun to also have the recovered spent shell casings or cartridges. ITEMS TRANSPORTED TO WSCL ON WED. NOV 13TH : PROPERTY INFO' Status Tag # Lkr# Code WSCL 291334 E E 291335 WSCL WSCL E 291336 NFAIeav Supervisory Officer:

Description 9mm casing bv placard 1 by 9mm casing by placard 2 casinQ 9mm casing by placard 3 casin!:)

Brand

Model

Serial No.

Est Value

Rec Value

1.0.: _ __

01/09/2013

362

390

Reporting Officer: DET ERIC A VOSBURG

1.0.: 3246

01109/2013

Receipt of PlWsical Evidence

363

WISCONSIN DEPARTMENT OF JUSTICE DIVISION OF LAW ENFORCEMENT SERVICES STATE CRIME LABORATORY - MADISON

4626 University Avenue Madison. WI 53705-2174 (608) 266-2031 FAX (608) 267-1303

CASE NO:

M12-5065

DATE:

J]/13/2012
REC'D VIA: AGENCY:

TIME:

3:17PM

SUB AGENCY NO: SUBMITTED BY:

~2",0"-,1,::2,--,-3",2,,,0-,,24-,,2,,-_ _ _ _ _ _ _ _ 2012-320242 ~~~~~-------------

--~-------------------------

_I_n"'Person --_ _ _ _ _ _ _ _ _ _ _ __ In P:cer;..s0:c.n' Madison Police Department

Officer Eric Vosburg

Name Type Victim

Last Name Heenan

First Name Paul

Middle Name H.

Race

Date Of Birth

W

.982

Submission Comments

Item

DescriptIon I Source

H
I

One sealed paper bag containing fired

bulle~s)

recovered at autopsy of Paul Heenan (agency iny. II 291507)

One sealed paper bag containing fired buJlet(s) recovered at autopsy of Paul Heenan (agency iny. # 291508) One sealed cardboard box containing handgun described as a Glock 17 with magazine (agency iny. 11291478) One sealed plastic bag containing test fired buJlet(s)/cartridge casing(s) fired in a Glock pistol submitted as Item J

J
JI

All item descriptions are as pl'Ovided by the snbmitter and are snbject to change based on further information.
The laboratory reserves the right to choose the items which will be tested and the methods which will be used to test them.
Received By (Signature of Recipient)

DRle:

Print Nflmc

Julia A. Liethen Page I of I

364

Receipt of ~ical Evidence

WISCONSIN DEPARTMENT OF JUSTICE DIVISION OF LAW ENFORCEMENT SERVICES STATE CRIME LABORATORY - MADISON

4626 University Avenue Madison. WI 53705-2174 (608) 266-2031 FAX (608) 267-1303

CASE NO:

~12-5065

DATE:

1111 4120 12

TIME:

2:51 PM

SUB AGENCY NO: SUBMITTED BY:

-'-1=-2--"3=-20"' =-2 ..-'2"'0'"-1=.2-.;:3=.20"'2'-'4"'"2_ _ _ _ _ _ _ _ REC'D VIA:
Officer Eric Vosburg AGENCY:

_1_n_Pe_rs_o_n _ _1_n.::.Pe.:.:crs"'o-"n_ _ _ _ -----'_ _ _ _ _ _ __ Madison Police Department

NamcType

Victim

Last Name Heenan

First Nnme Paul

Middle Name

H.

Submission Comments

Item

Description I Source

K L M

One sealed manila envelope containing fired cartridge casc(s) described as 9 mm (agency inv. II 291334) One sealed manila envelope containing fired cartridge casc(s) described as 9 mm (agency inv. # 291335) One scaled manila envelope containing fired cartridge casc(s) described as 9 10m (agency inv. II 291336)

All item descriptions are as provided by the submitter and are subject to change based on fnrther information.
The laborato!}, reseIVes the right to choose the items which will be tested and the methods which will be used to test them.
Received By (Si
lur~

of Recipient)

Date:

Print Name

Julia A. Liethen
p~()f':

1 of 1

365 393

City of Madison Police Department
PROPERTY ROOM RELEASE/RECEIPT/DISPOSITION
TEMPORARY 1.
Under Case #_ _ _---'-_ __ #, Officer/IBM,_ _ _ _ _ _ _ __ Officer/IBM' I VIEWED Tag #(s) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ #(s), Clerk Clerk'_ _ _ _ _ _ _ _ __ DatelTime'_ _ _ _ _ _ __

2.

Under Case # I OPENED Tag #(s) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _---'-_ _ ---'--_ #(s), AND REMOVEDllem(s) --,-_ I REMOVEDllem(s} _ _ _ _ _ _ _ _ _ _ _ _ _-,-_ _ _ _ _ _ _ _ _ _ _ _ _ _ __ AND I REPACKAGED item(s) under Tag #(5)1_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ #(s), _
Officer~BM

Clerk I REMOVED Tag #(s) 291507,291608,291478

DatelTime

3.

Under Case # 12-320242 OfficerflBM

4.

Under Case #
Officer~BM

~~

2A%

Clerk

&l'f, #3~)

DatelTime 11113112

14);;-

I RETURNED Tag #(s) Clerk

DatefTime

PERMANENT
Case#_ _ _ _ _ _ _ _ __ Case#' is

!8l Closed

o Open

0

Inactive

Tag#(s)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Name~)'

can be released to

!8l Owner 0

Other

Name(s)_ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ __ ___________ __ ___________ __ Address Address'_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Tag#(s)u_ _ _ _ _ _ _ _ -- - - - Tag#(s),J.I l _ _ __ - - - - Tag#(s)' Tag#(s)/_ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ __ Tag #(S)I~---_-_=_------#(s),~---~-_c,__-------

can be auctioned or destroyed. can be turned over to the General Fund. Is/are turned over to _ _ _ _ _ _ _ _ _ _ _ _ __
DatefTime' Daternme'_ _ _ _ _ _ __

for pennanent disposition.

OfficerflBM' _ _ _ _ _ _ _ _ _ __

Clerk'_ _ _ _ _ _ _ _ __- Clerk:_ _ _ _ _ _ _ _ _

OTHER INSTRUCTIONS
Case #,_ _ _ _ _ _ _ _ _ _ __ #(s), relalned Tag #(5)'_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ islare being relained

D D D

Pending Proseculion (I will notify the Property Room of disposition) Pending Appeal (Move to long-term storage) Biological Evidence (Move to long-term storage) _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ __ Clerk, Clerk'_ _ _ _ _ _ _ _ __ DatefTime'_ _ _ _ _ _ __ Daternme'

OfflC6r~BMI

(Drug Evidence, US Currency Greater than $100.00, Functional Firearms, Items Valued at $1000.00 or More)
Case # 12-320242
Tag"(s}~~~ Tag #(5) 291478 _ _ _ _ _ _ _ _ _ _ _ _·11

Description Glock handgun

III Retumed Returned

By' By·_ _ _ _ _ _ _ _ _ _ _ _ _ ___ ___________

Date & TIme'_ _ _ _ _ _ _ _ _ _ _ _ _ __ Date & Date & Time'_ _ _ _ _ _ _ _ _ _ _ _ _ __ Date &

I~R,erumedBy'_______________________ Returned By'_ _ _ _ _ _ _ _ _ _ _ _ _ _

11/1312012·Kilsch Pfoperty Release.doc

0110912013

366

394

City of Madison Police Department
PROPERTY ROOM RELEASE/RECEIPT/DISPOSITION
TEMPORARY
1. UnderCase#·"' -_ _ _ __ .• OfficerIlBM,_ _ _ _ _ _ _ __ I VIEWED Tag #(s),_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Clerk,_ _ _ _ _ _ _ _ _ __

DatefTime'_ _ _ _ _ _ __

2.'

Under Case # I OPENED Tag #(s),_ _ _ _~_ _ _ _ _ _ _ _ _ _ _ _ _ _'__ AND. I REMOVED item(s) _ _ _ _ _ _- ,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _- ,_ _ AND I REPACKAGED !tom(s) under Tag #(s),_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Officer/lBM Clerk

Datemme

3.

Under Case # 12·320242 OfficerllBM Vosburn

b7
v

I REMOVED Tag #(s) 291336,291335,291334 Clerk I RETURNED Tag #(s) Clerk'

-q/iJ~

Dalemme 11/14/12

..?':J c,PM.

4.

Under Case #
OfficerllBM

Daterrme

PERMANENT
Case#'-_ _ _ _ _ _ _ _ __ is

(g] Closed

o Open

0

Inaclive

~g#(s),_~~-----------------

can be released to

(g] Owner

0

Olher

Name(si _ _ _ _ _ _~_ _ _ _ _ _ _...:..._ _"_ _ _...:..._ _ _ _ _ _ _ _ _ __ Address,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ l Tag#(s)..c_·- - - : - - - - - - - - - - - Tag#(s) _ _ _ _ _ _ _ _ _ _ _ _ _ __ Tag #(s)~===::_:;;==_,_-----~-

can be auctioned or destroyed. can be turneo over to the General Fund. is/are turned over to _ _ _ _ _ _ _ _ _ _ _ _ _ __

for pef!11anent disposition.

Officer/IBM...:..._ _ _ _ _ _ _ _ __

Clerk_ _ _ _ _ _ _ _ __

Datemme'_ _ _ _ _ _ __

OTHER INSTRUCTIONS
Case#'-_ _ _ _ _ _ _ _ _ ____ Tag #(s)_ _ _...:..._~_ _ _ _ _ _ _ _ _ _ _ isJare being relalned

o o. o

Pending Proseculion (I will nolify the Property Room Pending Appeal (Move 10 long·lerm slorage) Biological Evidence (Move to long-term slorage)

01 disposllion)
Datemme,_'_ _ _ _ _ __

Officer/IBM,_ _ _-'-_ _ _ _ _ __

Cleik_ _ _ _ _ _ _ _ __

(Drug Evidence, US Currency Greater than $100.00, Functional Firearms, Items Valued at $1000.00 or More)
Case #
Description Reason
Tag #(s)

& IBM Released By Returne<l By Date & Time
Date&'Time

Returned By

Date & 11me

1111412012-9mm casings.dClC

01109/2013

367

Madison Police Department
Noble Wray, Chief of Police City-County Building 211 S. Carroll Street Madison, Wisconsin 53703-3303 PH 608 266 4022 TIY/Textnet 8662756529 pollce@cityofmadison com www.cltyofmadison.comipollce

Dane County Medical Examiner's Office Attn: Barry Irmen Room 2144 Public Safety Building 115 W DotySt Madison WI 53703 Dear Mr. Irmen: I am requesting the autopsy report and / or Medical Examiners report for:

(First, Middle, Last) Madison Police Department case
I

number_~/~~,---------.:3~J._()_7.._4_7- _ __ _

Date

Thank you.

Dete,ctJive

Police Di rict City f Madison Police Department 21 I S Carroll St Madison, WI 53703

ltTJesr

fl«(

klr4vIQ b

1011 S!2012-AulOjl!i)' U!ler.doc

01/09/2013

368 DJ-De6181 (Rev. 7/05)

AUTOPSY WORK SHEET FOR TOXICOLOGY ANALYSIS
Date

i/ / ritA

Submitting Cncy Submitting

CNy ofil;?ait f?j2 Agency No. 1/- 3;;?O(}~;:L -*D~e~iL_.__~~_O~s~~Y<_7\-----------------------------__ Officer____~Dce~iL-.--~~~O=-s~~--Y<_f\------------------------------

sm

Time

(.'

30

f2¥'->.

Pa tho log i s t __---"'PP-c-r_,__-'-TJ-'--h=Zt.;...:I1-"c4'--=-f""(j,""ttl,...</"--__/__________________________ ----"'- -=-r_, TJ.Lh-"oZt"-'I1-"c4' "-"-(""r),""(("-"/"--__ Subj ect __p',---",,{;t-,,-v-,-I---'H'-4-_'-H'-'-e-'<-o'-'-'!{),.=h'-'-_ _ _ __ p',--",,{;t-,,-vLI---'Hw....-_'-H'-'-e-'<-o'-"!{),.=h'-'-_ Occupation____________________ Sex !Vi Blood Transfusion: Yes Race No D.O.B.

W

Weight

Silt- Height SII

------

:x

List drugs administered by EMT: ______________________________________~___ List drugs found at scene: ROUTINE SAMPLES

------------------------------------~---

(

)

DNA BLOODSTAIN CARD - Collect Sml blood in a purple-top (EDTA) tube and prepare a stain card from the blood (see instructions attached.) HEART BLOOD - Collect three 10 ml grey-top vacutainer tubes of blood. Collect cavity blood as a last resort or,if blood is unavailable, collect spleen.' VITREOUS HUMOR - Collect as much as possible in a grey-top or a clean vacutainer. URINE - Collect as much as possible or at least SOml, in a screw-top jar or a ,clean vacutainer tube. A KIDNEY sample may be substituted if urine is unavailable. LIVER - Collect approximately 100 grams in a clean 4-oz jar. STOMACH CONTENTS - Collect all, or measured fraction thereof in a clean 12-oz jar. Clearly label the fraction of the total that was submitted (i.e., 2 of total). HOSPITAL BLOOD/URINE - Collect hospital admission specimens. NON-ROUTINE SPECIMENS FOR SPECIAL CASES

( )

(v(

(

)

PERIPHERAL BLOOD - Collect one 10ml grey-top vacutainer tube full of blood from the femoral or subclavian blood vessel. This sample is helpful in drug overdose cases. BILE SAMPLES - Collect sample in a two ounce jar. This sample provides information in cases of opiate abuse, and cases where blood was not available for collection. BRAIN SAMPLE - Collect 50 grams in a clean 4~oz jar. Thissample provides information when other samples are not available. HEAD HAIR/BONES/TEETH - Collect these samples as a last resort. 100-200 pulled head hairs will be needed. Teeth (preferably molars) are particularly good specimens for DNA analysis when blood is not available.
01/09/2013

369 397

SPECIMEN HANDLING DIRECTIONS

1.

Samples should be individually sealed and marked with case number, date, name/initials 'of pathologist and recovering officer. Indicate location of blood recovery (i.e., heart, femoral, cavity). Make sure container top. is on TIGHT. Indi vidually 11rap containers with paper towel and secure with rubber band. Carefully place containers into the cardboard box. containers with the styrofoam particles supplied. Cover the

2. 3.
4. 5.

!lit..~.~ Enclose this completed work sheet (DJ-LE-181) in the cardboard box.

6.

Seal the cardboard box. Initial the seal. If the specimens are to be mailed to the Crime Laboratory, place the completed Transmittal of Criminal Evidence Form (Form DJ-LE-101) in an addressed mailing envelope and securely attach the envelope to the outside of the in week to avoid delays in cardboard box. Mail the samples k delivery over the weekend. specimen collection can be answered at the Madison Crime Laboratory phone #608/266-2031. The mailing addresses are: STATE CRIME LAB - MADISON 4626 UNIVERSITY AVE MADISON, WI 53705-2156 STATE CRIME LAB - MILWAUKEE 1578 S. 11TH STREET MILWAUKEE,WI 53204-2860

7.

Refrigerate the samples until they are transmitted to the Crime Laboratory (DO NOT FREEZE).

DNA BLOODSTAIN CARD PREPARATION

1.

Label the card and envelope with the case number, date, type of blood preservative and preparer's initials. Using blood from an EDTA i (purple-top) vacutainer tube is recommended. Fold back the cover which protects the four spotting circles. Using a syringe or clean pipette, place approximately five drops of blood into each circle which should expand out to fill the circle completely with blood. The total volume required is approximately one milliliter. Allow the blood to fully air-dry. The cover can be used to form a "lean-to" whi6h allbws air to circulate under the blood spots and facilitates drying. Drying times vary according to the conditions. Four hours at room temperature usually suffices. Once dry, place the cover over the blood spots and slide the entire DNA card into the manila envelope. Seal the envelope and place in the autopsy kit or submit separately.
01/09/2013

2. 3.

4.

5.

370

398

Receipt of Physical Evidence

WISCONSIN DEPAJ,lTMENT OF JUSTICE DIVISION OF LAW ENFORCEMENT SERVICES STATE CRIME LABORATORY - MADISON

4626 University Avenue Madison, WI 53705-2174 (608) 266-2031 FAX (608) 267-1303

CASE NO:

M12-5065

DATE:

11/9/2012

TIME:

3:38PM

SUB AGENCY NO: SUBMITTED BY:

-,2~O,-,I=-2-",3=-2",02",4",2~_ _ _ _ _ _ _ REC'D VIA: 2012-320242
~~~~-------------

--~~---------------------

_I_n_Pe,--r,-so_n_'_ _~_ _ _ _~_ _ _ __ In Person' Madison Police Department

Officer Eric Vosburg

AGENCY:

Name Type Victim

Last Name Heenan

First Name Paul

Middle Name

Race

Date Of Birth

H.

W

8/29/1982

Submission Comments

Item

Description I Source

A
B

One sealed paper bag containing bile reportedly recovered at autopsy from Paul Heenan (agency inv. # 291358) One sealed paper bag containing urine reportedly recovered at autopsy from Paul Heenan (agency inv. # 291359) One sealed paper bag containing stomach contents reportedly recovered at autopsy from Paul Heenan (agency inv. # 291360) One sealed paper bag containing a post-mortem sample described as brain matter reportedly recovered at autopsy from Paul Heenan (agenc)' inv. # 291361) 29136'1) One sealed paper bag containing a liver sample reportedly recovered at autopsy from Paul Heenan (agency inv. # 291362) One sealed plastic evidence bag containing tube(s) of blood reportedly recovered at autopsy from Paul Heenan (agency inv. # 291363) One sealed plastic evidence bag containing dried blood standard reportedly recovered at autopsy from Paul Heenan (agency inv. # 291364)

C D

E

F
G

All item descriptions are as provided by the submitter and are subject to change based on further information.
The laboratory reserves the right to choose the items which will be tested and the methods which will be used to test them.
Print Name

Hailey F. Bradford

01/09/2013

371

Receipt of PWlsical Evidence

WISCONSIN DEPARTMENT OF JUSTICE DIVISION OF LAW ENFORCEMENT SERVICES STATE CRIME LABORATORY - MADISON

4626 Univcrsity Avenue Madison, WI 53705-2174 (608) 266-2031 FAX (608) 267-1303

CASE NO:

M12-5065

DATE:

11/9/2012
REC'D VIA: AGENCY:

TIME:

3:38PM

SUB AGENCY NO: SUBMIITED BY:

-,2::.:0,-,1=-2--"3=-20,,,2~4=-2_ _ _ _ _ _ _ _

_I___ n-,-P.:.:er.:..:so:::::n_'_ _ _ _ _ _ _ _ _ _ _ __ Madison Police Department

Omcer Eric Vosburg

Name Type Victim

Last Name Heenan

First Name Paul

Middle Name

Sex

Race

H.

M

W

Date Of Birth 8/2911982

Submission Comments

Item

Descl"iption I Source

A
B
C

One sealed paper bag containing bile reportcdly recovered at autopsy from Paul Heenan (agency inv. # 291358)
One sealed paper bag containing urine reportedly recovered at autopsy from Paul Heenan (agency iny. # 291359) One sealed paper bag containing stomach contents repOitedly recovered at autopsy from Paul Heenan (agency iny. # 291360) One sealed paper bag containing a post-mortem sample described as brain matter reportedly recovered at autopsy from Paul Heenan (agency inv. # 291361)

D E

One sealed papcr bag containing a liver sample rcportedly rccovered at autopsy from Paul Heenan (agency inv. # 291362) One sealcd plastic evidcnce bag containing tube(s) of blood reportedly recovered at autopsy from Paul Heenan (agency inv. # 291363) One sealed plastic evidence bag containing dried blood standard reportedly recovered at autopsy from Paul Heenan (agency inv. # 291364)

F
G

All item descriptions are as provided by the submitter and are subject to change baseil on further iuformation.
The laboratory reserves the right to choose the items which will be tested and the methods which will be used to test them.
Print Name

Hailey F. Bradford Page I of I

372 400

Madison Police pepartment
Noble Wray, Chief of Police City-County Building 211 S. Carroll Street Madison, Wisconsin 53703 6082664022 (TDD) 608 266 6562

FAX COVER
DATE:

TO:

Co,

Me.:! 'coR

Gj' ClINt rN

r 'f 0 ffo'v;

2'i'f - ,(,6} <;'
FROM:

Detective Eric Vosburg
MADISON P'OUCE DEPARTMENT - WEST DISTRICT 1710 McKENNA BLVD MADISON, WISCONSIN 53711' OFFICE: (60S) 243-051S

FAX: (60S) 2SB-6140
EVOSBURG@CITYOFMADISON.COM

Total Number of Pages (Including this cover sheet): _ _ _ __ Comments: _________________________________________________________________

If you do not receive all the pages indicated, or if you' have any problems, call (608) 243-0500 as soon as possible, or respond to the office phone number indicated above. CONFIDENTIALITY: This facsimile transmission is intended only for use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential or exempt from disclosure under applicable law. If the reader of this message is NOT the intended reCipient or an agent authorized to receive this transmittal on behalf of the intended recipient, please notify us immediately by telephone and return the message to us by maii. Any unauthorized review, use, copying, dissemination or distribution of the contents of this communication is strictly prohibited.

F:\Users\PDMAT\Fax Cover Sheet - Twing.doc
01/09/2013

373 401

Report 112

MADISON POLICE DEPARTMENT Report Completed: 11/12/2012 Occurred Incident: Dispatched as: 10- Residential Burglary 10 - Residential Burglary Case No: Ref. No: Grid: 2012-320242 Supplement MARQUETTE

Sec/Area: 410 CENTRAL

Case Offense: Officer Involved Shooting Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/2012 02:46 Dispatch Date/Time: 11/09/201206:02 Reporting Officer: OET ERIC A VOSBURG 3246 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

CONTACT

HOW 10'0: STATUS: Attachment:

PAULHHEiMN MIW DOB: 1982 (30 yrs) Height: 5'11" Weight: 140 509 S BALD IN TREET #2 MADISON WI BY MEDICAL EXAMINERS OFFICE DECEASED one 8 X 10 color photograph

NARRATIVE On November 1z!h I was assigned to follow up with Dr. Tranchida about information stemming from Paul Heenan's autopsy. I met with Dr. Tranchida in person and brought photographs taken by Investigator Burgette-Bach at the autopsy on November 91h • The photographs were of the fingers on Paul Heenan's right hand. I asked Dr. Tranchida if he could tell me more about the small black colored areas that on the photographs appear to be inside the wounds on Heenan's fingers. Dr. Tranchida said he knew what I was referring to and was then provided with the photographs that I had brought with me. Dr. Tranchida brought my attention to one photograph the shows Heenan's left thumb and index finger. This photograph is attached to this report. Dr. Tranchida explained that the small black dots embedded into the thumb wound (labeled "A") could be consistent with burnt gunpowder that was shot into the wound from a fired gun. These small black dots were referred to as "soot" by Dr. Tranchida during autopsy. In reference to the index finger wound, Dr. Tranchida informed that the just above the bone (labeled "B") you can see a larger blackened area that could also be consistent with Heenan's outer clothing material blown into the wound due to its size. We do not have samples from the embedded blackened material from the hand wounds in evidence as they were not recovered at autopsy. Additionally, in my original report concerning the autopsy, I outlined the cause of death but did not insert the manner of death. Dr. Tranchida advised (from memory) that he believed he had ruled this a homicide resulting from a 9mm handgun used by a police officer responding to a report of a burglary in progress.
NFNeav

Supervisory Officer: Reporting Officer:

1.0.: _ __ _ __

I.D.: 3246
01/09/2013

374 402

DET ERIC A VOSBURG

01/09/2013

375 404

Report 113
MADISON POLICE DEPARTMENT Report Completed: Occurred Incident: Dispatched as:
11/15/2012

10- Residential Burglary 10- Residential Burglary

Case No: Ref. No: Sec/Area: Grid:

2012-320242 Supplement 410 CENTRAL MARQUETTE

OFFICER-INVOLVED SHOOTING Case Offense: Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET MICHELLE RIESTERER 2324 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

NARRATIVE: INTERVIEW OF PO STEVE HEIMSNESS On 11/15/2012, I made contact with Attorney Jordan Loeb reference having a question to ask PO Heimsness, which I neglected to ask during my previous interviews with him. Attorney Loeb advised that he would get in contact with PO Heimsness to see what his schedule was. Attorney Loeb asked what time would work best for me and I advised him that I would work around their schedules, but advised that I would be at the West District at approximately 11 :30 a.m., which is the district where De!. Turner works from. I received a call back from Loeb a short time later, who advised that PO Heimsness wished to do the interview now. At that point, I requested assistance from De!. Nitzsche and we went into Lt. Jugovich's office, where Loeb conducted a conference call. On 11/15/2012 approximately 10:35 a.m., I asked PO Heimsness during the incident that he had with the suspect, if he was able to make any assessment of the behavior of the suspect, identified as Paul Heenan. Heimsness stated, "The time was so quick. He was struggling with someone, he came at me, and he tried to take my gun." He went on to state, "Within three seconds he had contact with

me."
I asked if at any point he recalled any odor and he stated, "There was no time." I said to PO Heimsness that during the course of his career, we make initial assessments of individuals and if he noticed any impairment reference the suspect's behavior. PO Heimsness stated, "It happened quickly. He turned. He wasn't staggering or falling down." He went on to state that this individual was capable of struggling with another person and he stated, "He came toward me quick and he tried to disarm me." I ended my contact with PO Heimsness and Loeb.

Supervisory Officer:

I.D.: _ __

Reporting Officer: DET MICHELLE RIESTERER
brn

1.0.: 2324

01/09/2013

376 405

Report 114
MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
11/9/2012

10- Residential Burglary 10- Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET SARAH E KORGER 2959 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

CONTACT

JOSEPH C JENSEN MIW DOB:_/1989 (23 yrs) _JENIFER ST MADISON WI "STIENSON REAL ESTATE COMPANY JENIFER ST MADISON WI H: KERI WALLESTAD FIW DOB:.1983 (28 yrs) _ JENI T MADISON WI H: ADAM R GREENE . . JENIFER ST MADISON WI JOSEPH P SCHMITT MIW DOB: R-1943 (69 yrs) _ENIF R MADISON WI H: RENA KORNBLUM _ _ 951 (61 yrs) R ST MADISON WI H: ANTHONY W PETTY MIW DOB: _1984 (28 yrs) " S BALD IN T MADISON WI MARGARET PETTY FIW DOB:_1983 (29 yrs) . S BAL ST MADISON WI H: GORDON E WILLIAMS DOB: 8 9 4 9 (63 yrs) WIN ST 3 MADISON WI H:

CONTACT

CONTACT

CONTACT

CONTACT

CONTACT

CONTACT

CONTACT

CONTACT

f/Ik'
CONTACT

JOSH D KALSCHEUR MIW DOB.1984 (27 yrs) " S BAL T 1 MADISON WI H:

01/09/2013

377 406

CONTACT

KATIE CHILDS ~ DOB:.1985 (27 yrs) . .S BAL I ST 1 MADISON WI H:

MENTIONED MATTHEW REIFF . . JENIFER ST MADISON WI MENTIONED
~y

~ENIFER

MULLEN ST MADISON WI

MENTIONED ~H WALLESTAD . . . JENIFER ST MADISON WI MENTIONED ~ KORNBLUM . .JENIFER ST MADISON WI OFFICER NARRATIVE: On 11/9/12, I assisted with the officer-involved shooting investigation at 513 S Baldwin Street. I was instructed to canvas the area. The 500 block of Baldwin St had already been canvassed. Detective Copeland and I began our canvas at the corner of Jenifer Street and the 400 block of S. Baldwin at approximately 12:20 p.m. We made contact at _Jenifer St with a male who verbally identified himself as Joseph Jensen. He told us that he was home and heard the gunshots while he was watching TV. Joseph thought he heard the shots at approximately 3:00 a.m. Jensen advised he was the only one at home at the time and he was thinking about going to bed. He heard the shots but he did not know what they were, and then shortly afterwards, he saw the police arrive. Jensen said he heard "three loud pops" and didn't hear anything else. He stated that he didn't see anything outside and didn't hear any1hing outside before or after the pops. Jensen reported that the pops sounded like they were coming from his backyard and he did not know any further information. Jensen advised that he has two roommates who were not home at the time of the incident. Matthew Reiff has been out of town for weeks and Kelly Mullen left the residence at approximately 9 p.m. and hasn't returned. We then made contact at"'Jenifer Street. We did not receive an answer at the main level. We attempted contact at apa~ 2, which had a sign for Christianson Real Estate Company, but there was no answer at the door. We attempted contact at apartment 3 but did not get a response. The names Boggs and Imbrigotta were on the mailbox for apartment 3. We made contact at _enifer St with Keri Wallestad. She advised that she was home sleeping with her husband, Elijah, when the incident occurred and neither one of them woke up until this morning. Keri said her husband woke her up and told her they needed to lock the door at 6:30 a.m., but they did not see or hear anything last night and hadn't noticed anything suspicious in the neighborhood. Her brother, Bill Kornblum, was also at home at the time of the incident and he did not wake up either.

01/09/2013

378 407

Keri Wallestad also advised that Adam Greene, who resides at _Jenifer, is out of town and she did not believe anyone else resided at the residence with him. We made contact at _enifer St and spoke with Joseph Schmitt. He reported that he was home when the incident occurred, but he did not hear or see anything until he woke up at approximately 3 a.m. to flashing police lights. He said his wife, Rena Kornblum, was also home and she also did not see or hear anything. We made contact with. S Baldwin and spoke with Anthony Petty. He stated he was home sleeping at the time and didn't know anything had happened until he woke up this morning. His wife, Margaret Petty, was also home at the time of the incident but did not notice anything. We attempted contact Baldwin but did not receive an answer. The mailbox indicated that there were three people at the residence named Pham, Caffey, and Bement. We then contacted the residents Baldwin. We spoke with Gordon Williams of apartment. and he advised that he was home s~ng. Gordon did not hear or see anything and didn't even realize the cops were outside the residence this morning. He found out about it this morning from a friend who called him after seeing it on the news. We also spoke with Josh Kalscheur in apartment, He was home with his girlfriend, Katie Childs, at the time. They went to bed at 11 p.m. and did not wake up until this morning. He said neither one of them heard or saw anything that night and did not know anything had occurred until this morning. We attempted contact at apartmen.but did not receive an answer. The names M. Schesvold and R. Tomaszak were on the mailbox. We attempted contact at the apartment building o f . S Baldwin and observed listings for five apartments, but we did not receive an answer at any of the apartments. We attempted contact at _enifer Street; the mailbox indicated that Jaime Goodwin lived at the residence, but we did not receive an answer. We also attempted contact at ~enifer Street. We did not get an answer at any of the apartments. Mailboxes showecl"a"resident by the name of Roney in apartmed Apartment.had three residents; Terry Bowers, Anna Melville, and Megan Slivka. ApartmentilShowed residents Alex Gessler and Kali Perepell. We were not able to make contact with any other residents in the area. NFAlcmb
Supervisory Officer: I.D.: _ __

at"

at"

Reporting Officer: DET SARAH E KORGER

I.D.: 2959

01/09/2013

379

408

Report 115 MADISON POLICE DEPARTMENT Report Completed: Occurred Incident: Dispatched as:
11113/2012

10- Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET ANN J TURNER 2330 Special Routing:

From Date/Time: Thru DatelTime: Report sent:

On 11/13/121 authored a report titled Third interview with PO Steve Heimsness. After PO Heimsness and his attorney left I noticed that I had the incorrect date of the interview in the report as being 11/12/12. The correct date of the third interview is 11/13/12 at 2p~.

Supervisory Officer: Reporting Officer: DET ANN J TURNER

I.D.: _ __

I.D.: 2330

01/09/2013

380

409

Report 116
MADISON POLICE DEPARTMENT

Report Completed: 11/10/2012 Occurred Incident: Dispatched as: 10 - Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET SHANNON M SIIRILA 2966 Special Routing:

From DatelTime: Thru Date/Time: Report sent:

OFFICER NARRATIVE: On 11/10/12, I conducted follow-up reference case number 2012-320242. Detective Riesterer advised that she would like all the vehicle information retrieved from the e Time documents Officer Dustin Clark compiled on 11-09-2012 to be documented. On 11/09/12, Officer Dustin Clark retrieved additional information in reference to license plates retrieved from Officer Conrad and Officer Cherne from eTimelW1 Department of Justice Criminal Information Bureau. Per Officer Conrad's supplemental report, he listed license plates for vehicles near the scene. Officer Cherne's supplemental report documented that she retrieved license plates near the scene also; three of the license plates retrieved by PO Conrad and PO Cherne were the same plate (413-UAK , 116PKR and 152-TNV). Additional information reference the WI license plates that were retrieved from Officer Conrad and Officer Cherne are displayed in a vehicle table in this report. Also, the 19 documents from eTime providing the vehicle information are attached to this report. Vehicle 1

Vehicle 2

Make Acura

Plate 1HMZ10

01/09/2013

381

410

Vehicle 5 SuspNict IYear 12004 Status

IMake IToyota

r

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IModel IType ISienna CE/LE IVan IVIN Number 15TDZA23C04S077847

Color Gray Est. Value Add

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Vehicle 9 SuspNict IYear 12011 Status

IMake IHonda

IModel IFit IVIN Number

IType ITvpe 14DR sedan

Color Black Est. Value

1 IPlate 1270-SXF

State IExp. WI 1 I Rec. Value

IType 1 Type I 1

01/09/2013

382 411

Vehicle 12

Vehicle 13

Vehicle 15 SuspNict IYear 12000 Status

IMake IModel IToyota Camry IGLE/XLE ICLE/XLE IVIN Number

ITvpe IType 14DR

Color
Silver Est. Value

IPlate 1146-GGG

State IExp. WI 1 Rec. Value
01/09/2013

IType !Type 1 I

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Supervisory Officer: I.D.: _ __

Reporting Officer: DET SHANNON M SIIRILA

I.D.: 2966

0110912013

384 432

Report 117 MADISON POLICE DEPARTMENT Report Completed: Occurred Incident: Dispatched as:
11/14/2012

10 - Residential Burglary 10 - Residential Burglary

Case No: Ref. No: Sec/Area: Grid:

2012-320242 Supplement 410 CENTRAL MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING INVESTIGATION Addr of Occurrence: 513 S Baldwin SI Call DatelTime: 11/09/201202:46 From DatelTime: Dispatch DatelTime: 11/09/201206:02 Thru DatelTime: Reporting Officer: DET GREGORY SESSER 2779 Report sent: Special Routing:

WITNESS

OFFICER STACEY J TROUMBLY FIVV DOB:_1983 (29 yrs) EMPLOYER: CITY OF ~ON POLICE DEPARTMENT - POLICE OFFICER

NARRATIVE: On 11/13/2012 at approximately 11:45 a.m., Lt. Kristen Roman and I met with Stacey Troumbly at her residence. Lt. Roman and I met with Stacey Troumbly to update PO Stacey Troumbly in regards to the press release that the Madison Police Department put out on 11/12/2012. I specifically asked PO Stacey Troumbly if she has been following this story online and she told me that she intentionally has been avoiding the media since this investigation occurred. I explained to PO Stacey Troumbly that the Madison Police Department, specifically Chief Noble Wray, had done a live press conference with the media about this investigation. At this time, I explained to PO Stacey Troumbly some of the facts that were released by Chief Noble Wray. I informed PO Stacey Troumbly that the deceased person in this investigation had a first name of Paul and that Paul lived two doors away from the O'Malleys, the family that had called in the original burglary complaint at 513 S. Baldwin St. I explained to PO Stacey Troumbly that the Police Department had released that Paul was unarmed and that, based on the investigation thus far, it appeared that Paul had entered the O'Malley's residence via the use of a key left in the door at the O'Malleys' residence. I explained to PO Stacey Troumbly that we would likely never know the intent that Paul had in terms of his accessing 513 S Baldwin St, but that the investigation seemed to indicate that there was a very strong likelihood that Paul had entered 513 S Baldwin St accidentally, due to his intoxication level. I also explained to PO Troumbly that the homeowner of 513 S Baldwin St was attempting to escort Paul home and that Paul then engaged the home owner (O'Malley) in a physical altercation, which was about the time that PO Steve Heimsness arrived on scene. I explained to PO Troumbly that this was about the time period that she arrived and that she knew what happened from this point on. I explained to PO Troumbly that I wanted her to know the facts that had been released to the media. PO Troumbly thanked us for providing this information to her. We also explained to PO Stacey Troumbly that this investigation was still under review and that the District Attorney was in the process of reviewing this investigation and that, as well, the Madison Police Department was investigating this incident from a policy and procedure standpoint. No further action. Investigation continuing.

01/09/2013

385 433

Supervisory Officer: Reporting Officer: OET GREGORY SESSER
brn

1.0.: _ __

1.0.: 2779

01109/2013

386
434

Report 118

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
11/10/2012

10 - Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St 11/09/2012 02:46 Call DatelTime: Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET MICHELLE RIESTERER 2324 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

CONTACT

JOHN H HEENAN

OFFICER NARRATIVE: On 11/10/12 at approximately 1:27 p.m. Detective Esser and I made phone contact with John Heenan. Detective Esser had advised Heenan that he was on speaker phone and introduced himself to Heenan and me and advised Heenan that we were the detectives assigned to this case. Heenan advised that this was his opinion and stated, "I firmly believe my son was not a true threat. I'm assuming he was drunk but by no means a burglar." Heenan went on to state that his son had recently moved into the Baldwin St. area and the house that he resides in blue and the house that he attempted to enter was also blue. He advised that he had heard that the house that his son, Paul, tried to enter was open and he had spoken to Paul's roommate who he was residing with, Amelia, and it was not uncommon for her to stay up and wait for Paul to get home. Heenan went on to share with Detective Esser and I that Paul was having "one of his best days in months." He advised his son, Paul, was back in the music business scouting bands and that Paul had been a musician since he was 12 years old. Heenan advised that he felt that it would be difficult to find anyone that would be "threatened by him." He went on to state, "I would be amazed." Heenan advised that his son, Paul, had a "large circle of friends who would be character references, who would describe him as the wonderful person he was." Heenan advised that anyone in the local Madison music scene would be able to tell you how talented and how giving Paul was and how "nonthreatening he was." Heenan went on to talk about the van that we had currently in our custody. He advised Paul used the van due to the fact that his son had what he described as, a Shepherd puppy and the dog was able to travel in the van with ease. He inquired on when he would get the van back. Detective Esser advised that once we were able to get some answers from others involved in the investigation that we would work on getting that released. Detective Esser advised him that we did not want to give him any dates or promises and not be able to follow through on that. Detective Esser inquired about meeting if he wished to meet in person with the both of us and he stated, "I don't understand why we need to meet with you." I explained to Heenan the process of how the investigation works and the steps that it'll be and how the end result will then be handed over to the District Attorney's office. I advised him that we also had a lieutenant from the Dane County Sherriff's office shadowing our investigation.

01/09/2013

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435

Heenan alluded to a conversation that he had with the Medical Examiner's office, Kurt Karbusicky, and he inquired with Karbusicky if there was any investigation by the Madison Police Department wherever excess force was used. He advised Karbusicky was not clear on the answer to that question. He went on to state, "My son was shot three times. I don't think he weighed more than 140 pounds." Heenan again referred to his son's character and how we'd be amazed on what we would find out about his son. I interjected at this time information that we have obtained so far has also been what he has shared with us as far as the good qualities that his son possessed. Heenan was asked if he had any more questions and he advised at this time he did not. We advised Heenan that we would try to update him on information that we could as the investigation progressed. I should be noted that both Detective Esser and I gave Heenan our contact information and advised him if he had any questions to please contact us and we would get back to him.

NFA
Detective Michelle Riesterer #2324 slk

01/09/2013

388

436

Report 119 MADISON POLICE DEPARTMENT Report Completed: 11/15/2012 Occurred Incident: Dispatched as:
10 - Residential Burglary 10 - Residential Burglary

Case No: Ref. No: Grid:

2012-320242 Supplement

Sec/Area: 410 CENTRAL

MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/2012 06:02 Reporting Officer: DET CYNTHIA A MURPHY 2412 Special Routing: DET MICHELLE RIESTERER - WPD

From Date/Time: Thru Date/Time: Report sent:

On the morning of 11/12/12 at approximately 9:50 am, Det. Denise Armstrong arrived at the Computer Forensics SRP office with a cell phone on MPD Property tag #291389. She advised that the phone belonged to Paul Heenan and that it needed to be processed pursuant to the investigation of the officer involved shooting at 513 S. Baldwin St. She advised that she had submitted a lab request, and further told me that the phone was pass code protected. She told me that during the investigation information had come up regarding some "strange" text messages that had been sent by Heenan to his mother, and that they were interested in any text messages or call history information from around the time of the incident. MPD Tag 291389 - iPhone 4S: While Det. Armstrong was still present, using I removed the phone from its packaging and found that it was an iPhone with a cracked screen, and that it was in a black rubber protective cover. I rernOlled the the protective cover and was a black

Cell Phone Description: Make: iPhone Model: FCC D: SN:

01/09/2013 0110912013

389

437

I later photographed the phone and SIM for identification and investigative purposes, and those photographs are included below:

01/09/2013

390 438

Supervisory Officer: _ _ _ _ _ _ _ _ _ _ _ _ __

1.0.: _ __

Reporting Officer:
OET CYNTHIA A MURPHY

1.0.:2412

01/09/2013

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01/09/2013

392 446

Report 120

MADISON POLICE DEPARTMENT
Report Completed: 11/19/2012 Occurred Incident: Dispatched as: 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch DatelTime: 11109/201206:02 Reporting Officer: DET ANN J TURNER 2330 Special Routing:

From Date/Time: Thru Date/Time: Report sent:

PROPERTY INFO' Status Lkr# Description Ta9# Code 12 291940 in-person interview of Kevin O'Malley at SPD on 11/16/12 on two DVD's E SPD 12 E 291941 Hand-drawn diagram produced by Kevin O'Malley on 11/16/12 SPD

NARRATIVE:
On 11/16/12, I was at SPD while Det. Riesterer and Det. Esser interviewed Kevin O'Malley. O'Malley was with his 2 attorneys. Upon completion of the interview, I took the original DVDs and property tagged them on property tag #291940. I made 2 copies of the interview so that there would be one each for Detectives Riesterer and Esser and one for the DA's office. During the course of the interview Kevin O'Malley produced a hand-drawn diagram of the scene. The original diagram was placed into an evidence bag by me, after it was photocopied. The diagram is on property tag #291941. A copy of the diagram is attached.

Supervisory Officer:

1.0.: _ __

Reporting Officer: DET ANN J TURNER brn

1.0.: 2330

01/09/2013

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Report 121

MADISON POLICE DEPARTMENT Report Completed: 11/19/2012 Occurred Incident: Dispatched as: 10 - Residential Burglary 10 - Residential Burglary Case No: Ref. No: Grid: 2012-320242 Supplement MARQUETTE

Sec/Area: 410 CENTRAL

Case Offense: OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/2012 02:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET MICHELLE RIESTERER 2324 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

NARRATIVE Interview with John Heenan On 11/16/12 I made phone contact with Heenan. Upon identifying myself to Heenan, he advised that he was busy and was not able to talk at this time. I advised Heenan I just wanted to check in and see if he had any questions and inquire about the van getting dropped off. Heenan advised he had no questions at this time and had no concerns with the van.

I ended my contact with Heenan. NFI/jas Supervisory Officer: Reporting Officer: DET MICHELLE RIESTERER
I.D.: _ __

/.D.: 2324

01/09/2013

395

449

Report 122

MADISON POLICE DEPARTMENT Report Completed: Occurred Incident: Dispatched as:
11/19/2012

10 - Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer-Involved Shooting Investigation Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch Date/Time: 11/09/201206:02 Reporting Officer: DET GREGORY SESSER 2779 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

WITNESS CONTACT

KEVIN O'MALLEY

HAL HARLOW 33 E MAIN ST STE 500, PO BOX 2038 MADISON WI 53701 W: (608) 268-5602 W: (608) 257-7007 EMPLOYER: MURPHY DESMOND LAWYERS COMMENT: EMAIL: hharlowe@murphydesmond.com

NARRATIVE: On 11/15/2012, Detective Michelle Riesterer was contacted by Attorney Hal Harlowe. Hal Harlowe informed Det. Riesterer that he was representing Kevin O'Malley and that Kevin O'Malley wanted to go on record and make another statement to the police about this investigation and that their desire was that this statement be recorded. Det. Michelle Riesterer arranged with Attorney Hal Harlowe to conduct this interview again with Kevin O'Malley on 11/16/2012 at the South Police District station starting at approximately 2:00 PM. Attorney Hal Harlowe, and an associate attorney of his, James Remington, came to the South Police District Station with Kevin O'Malley. Kevin O'Malley, Attorney Hal Harlowe, Attorney Remington, Det. Michelle Riesterer, and I then proceeded to an interview room in the South Police District Station. This interview was recorded in both video and audio, and was later property tagged by Det. Ann Turner of the Madison Police Department. Our interview with Kevin O'Malley was also being viewed remotely by Det. Ann Turner, Lt. Tim Peregoy, Madison Police Department Training Team Officer Tim Patton, and Lt. Dave Dohnal of the Dane County Sheriff's Department. During the course of our interview with Kevin O'Malley, we took breaks, and as such, because of the length of our interview, the recorded interview is now contained on two CDs. As we were coming to the conclusion of the portion of our interview that took place in the interview room at the South Police District Station, we came to realize that we needed more space for the purpose of having Kevin O'Malley do some reenactments of what he was a part of andlor what he witnessed during the early morning hours of 1119/2012.

01109/2013

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Because of the small nature of the interview room that we were currently conducting our interview in, we transitioned to the South Police District Station briefing room. Once we transitioned to the South Police District briefing room, we had to call for a Forensic Service Unit investigator to come and videotape the reenactments that were going to take place in the briefing room. As we waited for Investigator Brian Shaul to respond to the South Police District Station to record this second portion of our interview with Kevin O'Malley, Kevin O'Malley discussed with De!. Riesterer the positions that he perceived PO Heimsness to be in, as well as the positions that he perceived Paul to be in throughout the course of the shooting now being investigated. De!. Riesterer and Kevin O'Malley rehearsed a few times what Kevin believed took place, in terms of the physical contact between himself and Paul and the physical contact between Officer Heimsness and Paul. This was done so Kevin could relay to De!. Riesterer how she should act/position herself as De!. Riesterer was pretending to be PO Heimsness. Kevin O'Malley physically instructed De!. Riesterer how to position her body as though she was PO Heimsness throughout the course of PO Heimsness' contact with Paul. All of Kevin's directions to Detective Riesterer were based on Kevin's perceptions alone. For the purposes of the portion videotaped in the South Police District briefing room, it is important to note that the actions demonstrated by Det. Riesterer were specifically scripted by Kevin O'Malley. The interview that took place in the interview room at the South Police District station is attached and incorporated as a transcript. I reviewed the transcript and believe that it accurately reflects the interview that Det. Riesterer and I had with Kevin O'Malley on 11/16/2012. As well, a supplemental transcript is attached and incorporated herein, which reflects the transcript of our contact with Kevin O'Malley during the recording of the reenactments that took place in the South Police District briefing room. On 11/16/2012 Detective Ann Turner told me that she would tag as evidence for me a copy of the recorded interview and a copy of the reenactments that took place in the South District briefing room. Additionally, Detective Turner told me that she would tag as evidence the map that Kevin O'Malley drew during our interview with him. On 11/16/12, after copies were provided to me of our interview with Kevin O'Malley, both in the interview room and the briefing room reenactments, I made contact with District Attorney Ismael Ozanne and turned over these videos for his review. No further action. End of Report/ace Supervisory Officer: Reporting Officer: DET GREGORY SESSER
I.D.: _ __

I.D.: 2779

01/09/2013

397

451

122A

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
11/20/2012

Case No: Ref. No: Grid:

2012-320242 Supplement

10- Residential Burglary 10- Residential Burglary

Sec/Area: 410 CENTRAL

MARQUETTE

Case Offense: INTERVIEW TRANSCRIPTION Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET GREGORY SESSER 2779 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38

Transcription of intelView by Detective Greg Esser (GE) and Detective Michelle Riesterer (MR) of Kevin O'Malley (KO). Attorney Hal Harlowe will be designated as HH and Attorney James Remington as JR. Voices heard, but not known to be named, will be F (female) or M (male) followed by a number based on the order they are first heard. Porlions of the intelView that are not clear will be designated as [unintelligible}. Two voices talking at the same time will be signified by [crosstalk]. GE: KO: GE: KO: GE: KO: GE: HH: GE: HH: GE: Well, let me first say that I - we're very appreciative of you actually coming here, um, and doing this. Sure. Urn, we want to get this right and we want to make sure that, um, what you ... want to articulate to us is right as well. That's that's, that's really important to us. Sure. And so, we're glad you're here. Um ... we, you know, we heard that maybe you're you're concerned that your perspective is not be accurately reflected. Um, is that accurate? Um, I - I want my accurate reflection of what happened to be restated. OK. Let's do that then. Um Is uh - yeah - is this being taped now? It is being taped now, yes. OK, good. And it was when I started talking. Um, so, today's date is, uh, November 16,2012, it's about 2:27 p.m. and I'm I'm just going on record right now, because it is being recorded. Um, and obviously, I want to identify the persons in the room. I am Detective Esser with Madison PD. Detective Michelle Riesterer. Kevin O'Malley. Hal Harlowe and James Remington (Attorney). OK. Um, so, do you want to first address concerns you have with something that's been inaccurately reflected in your mind, or do you want to just simply start from the beginning and tell us the whole story -- either one is - we are completely fine with. I - I - I'm happy to start from the beginning OK. - and tell the whole story. OK. Please go ahead then. Well, what's the beginning, in your mind? Sure. Eh, I mean, if you're comfortable, we may have some questions that we'll ask. Um, because we do have and had some questions that we did want to ask in general. Um, but you start wherever you feel comfortable starting. So I - to me it would seem logical to perhaps start with when you were first woke up.

MR: KO: HH: GE:

HH: KO: GE: KO: GE: KO: GE:

01109/2013

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452

40 42 44 46 48 50 52 54 56 58 60 62 64 66 68 70
72

KO: GE: KO:

74 76 78 80 82 84 86 88 90

GE: KO:

Sure. That OK? Sure. We, uh, my wife heard the door open and I partially heard the door open. Um, I was kinda half awake. My my, uh, youngest daughter had woken up, uh, not too long before and heard that door open to nurse, um, so I was partially awake, because of that. Um, heard the door open and my wife said, um, "Kevin, someone's coming in the house. I left the keys in the door." I got up immediately, um, and headed down the stairs. Um, our bedroom is right at the top of our stairs. Our home is a very small house, 1200 square feet. Um, and the stairs are directly to to the right, uh, of the front door. And there's a landing at the top. Um, so, I headed down the stairs, uh, with my dog, who - who heard the noise as well and, um, in order to to scare off a potential, uh, intruder, I said - my dog's name is Jake - I said, "Jake, go get him," and and we headed down the stairs simultaneously. Um, by the time I got, you know, halfway down the stairs, I could see - because the door is right there - I could see that there was a person standing at the threshold of the door. Um, and, as I relayed to you that morning, I still don't know if the the screen door was open or not, but the main front door, where the keys were, was was open. Um, I I also noticed at that time a set of keys on on the radiator. Um, and so I, um, came down to the bottom of the stairs and could see this person's head kinda partially down, um, and when he looked at his head, I immediately recognized him as a neighbor, who I had met, um - this was early Friday morning. I had met him, um, previous Sunday, out raking leaves, um, and he had just moved into the neighborhood. Uh, he had walked by our house, uh, that Sunday morning, stopped, introduced himself, made an impression on me, seemed like a nice guy, seemed like a good good person to welcome into the neighborhood. Um, as he was standing there, my my first inclination was, even though I'd seen those keys there, I wanted to make sure there wasn't another key in in his possession, so I asked him for the keys. At first I said, "What's goin' on?" and he did not really respond with much, um, uh, and then I moved on to asking him, um, where the key is. I said, "Where's the key? We need our key back." He reached down and at one point handed me his key ring, um, at another point reached in his pocket and handed me his iPhone, um, and he - he - I was still asking for the keys, and at that point I said, "No, I'm looking for a key, a single key." Um, and I reached in his front, left pocket - it would have been - felt a box of cigarettes in there. Felt around a little bit. Didn't didn't feel a key, um, and at that point I realized, futile effort, deal with that tomorrow or the next day. Um, just wanted to make sure that if there were another key, that that were, uh, returned to us. Um, so I stepped out onto the porch at this point and and said, "Paul, right?" And he nodded that yes that was his name. Um, I, again, recalled his name from meeting him, uh, just days before, and uh, um, I said, "Paul, you live a couple doors down, you know, I can - let's -let's head that way." Um, and at that point he said, "It's cold" and and sort of made a move to go into the house and I said, "No Paul, come this way, we'll go to your house," and I started to head down our - our porch steps. Um, as I started to head down our porch steps, um, my wife called from upstairs and said, "Should I call 911?" and I said 'no,' and I continued to head down our steps and, um, at the bottom of the steps, right near the sidewalk was a cigarette and, having just felt the cigarettes in his pocket, I figured this must be his cigarette. It was - seemed like it was partially smoked, but, you know, just a little bit smoked, and when I bent down to pick it up, cause I didn't want my kids to see it there the next morning, um, I seem to recall that it was, uh, it felt like it had, um, maybe was still a little warm. It wasn't still lit, but OK. But perhaps a little warm. I said "this is your cigarette." He took the cigarette and, uh, I think he put it in his pocket. Um, and at that point I started moving towards his house, not not helping him, walking in front of him, trying to show show him the way to his house. Um, his house is is, um, on the other side of of our neighbor's house, so it's it's it's a, uh, it's not a long walk. Um, and we got to in front of his house and I was standing in front of his porch steps.

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GE: OK:

He stopped short of of the porch steps, um, and was standing more or less, kind of on the corner of their of their, uh, property, on the sidewalk. We were both on the sidewalk and I was trying to - trying to help him recognize that this was his house. Um, and trying to kind of shepherd him up the stairs. Um, he seemed confused, searching for words, um, hands in his pockets, um, looking down, and obviously in in need of, uh, of help. Um, in order to kind of jog his memory that this was his house, I said, um, "Do you want me to get Nate?", um, who I had also met on that that previous Sunday - Paul's roommate. Um, and he said 'no.' And - and I - the next question that I recall saying was, "Were you out at the bar?" And, um, at that point he said, "Why?" Um, and I felt like he was kind of beginning to to register a little bit more, um, saying more words, um .. and, um, I said, "Well, because you you tried to get into our house and this is your house and I'm trying to get you into your house now," and I said, "II could have called the police." Um, and, at that point he, um, became ... became agitated by by that statement and, um, made a move towards me with with his hands at his side, coming at me like that and he said something to the effect of, um, "You wanna get weird?" Something, um, more confrontational than had, you know, had been stated anywhere prior to that to that second. Um, he came at me like that and I put my hands up and onto his lapel. His, uh, he was wearing like an overcoat. Um, and and he, um, grabbed my arms at that point and I still felt like we were - that that this situation could be reversed, diffused. I was talking to him, saying, "Paul, no, I - y-you know - I don't wanna, I don't wanna get weird." I don't know if I said that statement, but I don't want this to to happen. And, I I started moving back towards our house, um, and thinking in my head that, um, "What am I gonna do now?" Um, thinking thoughts like, "I don't wanna get hit, I don't want to get tackled by him. I don't want to hit him, and I don't want to trip him. Um, and, but I - but I I want this to stop. And so, as I'm backing towards our house and and we're engaged, I looked over my right shoulder, cause we were moving closer to my home, and I was about ready to call for help, um, primarily, uh, for my wife, because I knew the door was open, and I knew that she was up, and I knew that she would probably be able to help with this situation. Um, uh, but I also at that moment thought, I hope my neighbor, Rob, hears it, I hope my neighbor Chris hears it, I hope somebody hears it. - Nate. Exactly. Um, at that moment, as I went to call for help, I saw someone coming up the sidewalk. Um, and and my initial thought was that it was that one neighbor, Chris. Um, uh, aas I said that morning, it wouldn't surprise me if Chris somehow magically showed up there. Um, but I I realized then it wasn't Chris, um, and I realized that I didn't recognize this person and it's a a neighborhood where you recognize a lot of faces. I then realized that the person had their hands in front of them, and so I thought it must be someone walking their dog, um, and then I realized, no, that's a gun, and and the person was dressed in black and realized it was a Madison police officer. Simultaneous to that quick thought process, the Madison Police officer yelled, "Get down, get down," um, and as as as I was understanding exactly what was going on here, I let go of of Paul. Um, and moved off onto the terrace of the sidewalk, um, and, as I moved onto the terrace of the sidewalk, I could see the field of view that the police officer was about here, Paul was about here, and Paul con-continued towards the police officer, having having turned his attention from me to the police officer. And, um, at that moment, um, I wanted to get out of the way of what could transpire next. Paul, as I said, was moving towards the police officer with the gun out. He was - he began to sort of flail at at the police officer, um, and and swat, uh, slap, towards the pOlice officer. Um, at that moment, I moved from the terrace, uh, around the police officer and moved into our driveway, which, uh, which is, uh, this in between our house and the neighbor's house. The neighbor's house that's in between our house and and Paul's house. Um, so I moved around the pOlice officer and into our driveway. Um, as I was moving around the police officer, I recall thinking maybe I should just continue into our house, maybe that's the safest thing. But I was yelling, "He's our neighbor. He's our neighbor. He's our neighbor," and and wanted to make that clear, uh, in

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this situation. Um, and I ended up in our driveway. Um, there's - our driveway is well lit by our neighbors use that - the door, um, in our driveway Is it a shared driveway? It's a shared driveway. OK. Our neighbors use the door in our driveway as their primary door, there's a light that's always on. I know this because my son's bed is -a curtain in Block that light? Absolutely. Um, so, I ended up in in in short of that light - short of that door doorstep, um, and, uh, when I, when I stopped and turned, I could see that what had begun when when I left the terrace, as far as Paul and the officer interacting, Paul swatting at the officer, the officer initially taking his his gun and and moving it off to the side. Um, I could see that that was continuing, um, or had continued until that point. Um, and when when I stopped, I was continuing to yell, "He's our neighbor." Um, I would say, um ... worried about what I was, what I was seeing. Um, and then, um, that was probably, probably about, I would say 4 or 5 seconds transpired from from from when I stopped and was watching. If you don't mind Sure. Four to five seconds from what point to what, uhh - just if you will Yeah, it was What time period is that 4 to 5 seconds - finish my sentence. Yeah, sorry. Um, 4 to 5 seconds transpired before I saw the police officer stand more erect from that position, take a step back, raise his firearm, and shoot Paul. What Paul was doing in that time period was similar, standing more erect, backing up, it was also at that exact moment that I noticed the second police officer was there, who was standing directly in front of our our neighbor's house, at the end of the driveway, to the right of the driveway, um, from form where I was standing. Um, so, um, I I saw that - I saw that happen. I saw Paul, um, I saw Paul's eyes prior to getting shot, so he he he has, um, somewhat, uh, floppy hair. He he he has curly hair and just as when he was at the doorstep of our house and he picked up his head and I saw his face, I knew it was Paul, um, from that moment when when the police officer and Paul both stood more upright, I could see his eyes. Um, and at that point, uh, as I said, the police officer had stepped back, gotten into a firing position and shot Paul. And Paul seemed to me to be in a a defensive mode. He - he was he was back and, um, he was, eh, as I think I said to you, Greg, it seemed to me registering that there was another police officer here and registering that this was this was not a situation that that he, uh, wanted to be in. Um, that's what it seemed to me. Um, and, when he was shot, um, my hope was that he was only hurt. He he he sort of went down in in in what looked like pain to me. Um, he went down more slowly than I was expecting. Um, and he almost went down in sort of the fetal position and then, uh, I think ended up more on his back. Um, ah, and as I told you, Greg, that that morning my hope was that those were rubber bullets. Um, it it, again, because it seemed like he went down in pain, that's what I - that's what I almost thought. Um, the next thing was, I heard the shooting police officer say to the other officer, "He went for my gun." Um, from where I was, I wanted to get back in our house and I moved up the driveway and, uh, toward our porch and up into our house. Um, there was a moment, as I was moving up the driveway, that - is this the right thing to do? I I I don't know if if this is going to startle the police officers, but I wanted to get to safety. Um, I was yelling at that time, "Jesus Christ, Jesus Christ," and and, as my daughter told me, she heard me say, "God damn it." Um, I was, uh, I was having a hard time understanding what I I just saw. When I went in the house, um, the first thing I remember is seeing about 4 or 5 police officers, essentially follow follow me in the house,

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um ... 3, I think it was about 3 of them. One of them went into our front room area, guns drawn and another 2 or 3 started to head up the stairs, guns drawn, and I let them know that there was no intruder in the house, that he was a neighbor, um, and that I have four children, who I didn't want to see a stampede of police officers with guns drawn, uh, coming into our home at at at this time of night, when they were already ... probably terrified. So, um, that's that's what happened. Um, I think, uh, uh, I think eventually, uh, the police officers, to their credit, were respectful of that and I think they shined their light upstairs and and, you know, ensured that the four kids were accounted for and my wife was up there and everything was safe. Um, and then, I think they came downstairs and I think that's when I was able to go up there and say, you know, "He was our neighbor. It was our neighbor," to my to my wife. Um, and my children were all up at the time, very scared, and they stayed in that back room. Uh, we tried to get 'em back to bed and we did, uh, get 'em back to bed, at least for a bit, until they were, um, questioned by the detectives in in their bedroom. Do you need a break? Are you OK? I'm I'm OK. OK ... And just whenever you need a break or whatever Absolutely. - just feel like you are controlling this in every way. You know, we may ask some questions, but whatever you need [unintelligible] ... Sure. Do you feel comfortable, uh, fielding some questions from us? Sure. OK. Um ... and this is in no particular order, um, one of the things that we were interested in learning from you was whether or not you ever did find an isolated key that you talked about. No. I - to be honest, I haven't looked for it. OK. But, you know, as as we discussed, my my wife was almost certain that the keys that you took were the ones that she left in the door. OK [unintelligible] And and I did find an isolated key, um, that I think my daughter had, um, so we didn't have a lot of isolated keys floating around, so I I didn't look for it. Um, in general, do you wear eyeglasses? No. OK. Um, and, in general, your vision is is, uh, in good condition? Absolutely. OK. And we already already had covered that you'd only had, uh, one beer, roughly around 7 or 7:30 the night before is thatYes. That's accurate. OK. Um ... [rustling] Let's go to the point, if you will, um, when Paul is in your house at the door threshold and you're dialegging with him - dialoguing with him, trying to ascertain if he had the key or not. Mm-hmm. Um, and you had made the comment that he had said something to the effect of that it's cold outside and tried to maybe come more into the house and you had had to That was that was when I was outside. That was when you were outside? Right. Standing on the porch, talking to him. OK. Did you have to in some way redirect him from No. - cause that was [Crosstalk]

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- it was a matter of essentially tapping him on the shoulder. OK. OK. Where is he standing when that's when that's happening Still right in front of our our doorway. OK. And he's looking into the house and you're looking He was looking in the house, kinda looking at me. And and he said, "It's cold" in sort of a, you know, under his breath sort of way, a-and made a just a very subtle movement towards our house and I said I said, "Paul, let's go to your house." OK "We're not goin' in there." I believe I asked you that morning if you had smelled an odor of alcohol at the time. I believe you had said you didn't I did not. - it didn't register with you. No, I didn't. But your assessment at this time is still - and I don't want to put words in your mouth - but that you you're thinking that he's intoxicated? Yes. OK. Is there anything that would tr - that made you believe that besides the obvious? Um, struggling for words - uh, well the obvious is what made me believe that Yeah, OK. It justYeah, I didn't [unintelligible, possibly crosstalk] it was the obvious OK. - that made me believe that. Um, so you're outside, you're down the steps, you pick the cigarette up, you're giving the cigarette to him, you're leading him back to his house. Mm-hmm. You get to his house, you guys have this conversation where he, um, and again I don't want to quote you, but, you know his demeanor changed. Right. So, we're at that point right now. Mm-hmm. Um, and he comes at you Mm-hmm - with his hands up and he grabs both of your arms I - he didn't come at me with his with his arms up. Do you want me to stand up and can you show me, is that OK? Yeah. He came at me with his You gonna get this on tape? Yep. Yes, yes. I'm going to go over by him. Or you can - you - yeah - you wanna be the - you wanna be ... Paul? He came at me with his with his - leading with his face. OK. So you're Paul right now? [Crosstalk] OK. - saying "You wanna be weird?" like that and move - walking towards me. OK. That's why I put him on - put my hands on the lapel, because I didn't want him to to hit me. didn't want him to tackle me. I didn't want anything to that effect. So I put my hands on his lapel. That's when he grabbed my arms around the forearms.

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OK. I don't know if [unintelligible] - yeah probably like that. And he continued to walk towards me and I and I was backpedaling. OK. He wasn't - I I could have, you know, stopped and it could have been on a, you know ... whatever the word I'm looking for is - it could have been a back and forth at that point, where where it got into a wrestling match. Instead, I was backpedaling, saying, trying to talk him, talk him down. Mm-hmm. Um, you can feel how skinny my wrists are. Yeah. [Light laughter/chuckling from one or more persons] Um, so, we started moving back towards our house and, uh, the closer we got to our house is when I started to turn and, um ... so. Let's continue on, if you will, with the demonstration. OK. Yep. Please. So, we're we're essentially now closer to your house, as you just said Yes. And please continue, if you will. Um, as I'm backpedaling towards the house, I I begin to think I need - I'm gonna call for help, because, as I said before, I I didn't know what was going to happen. Um, I didn't feel particularly frightened I would say, um, but I didn't know what was gonna happen and I I wanted to reverse the situation. So, I was backpedaling towards my house, went to look over my right shoulder to call for help back towards the house and, at that moment, is when I saw the person walking up the sidewalk, um, and and after I ran through that quick little thought sequence is when I let go of Paul, after after the police officer yelled, "Get down, get down." When I let go of Paul, I moved on to the terrace. OK. So you're on the terrace, you're essentially looking at the houses now. Yes. Cause your back is essentially to the street. Right. OK. Officer Heimsness is going to be? Right over here. Over here. And Paul is still here? Still - he's on the sidewalk now, because I moved off to the terrace. OK. If you can, and only if you can, how far is Officer Heimsness from you and/or Paul, when Officer Heimsness first speaks - and what are those words again? Well, when he first speaks, um, he was further down the sidewalk, and he said, "Get down, get

down."
And are you guys still engaged at this point Yes. - when he first speaks? OK. Yeah, as I - as I then mentioned, I'm looking over my my shoulder to call for help and I see him. And he -I saw him take a step or two prior to up the sidewalk, prior to saying, "Get down, get down." It was during that step or two where I was wondering if it's Chris, is this a neighbor walking a dog - neither of the two. "Get down, get down." That's a gun. Let go of of Paul and and, by that point, the officer had had come closer to us. I'm on the terrace, Paul is still on the sidewalk and the field of view is this, it's a, it's a triangle. Uh, it's Paul, it's the officer, it's me. I would say there was about 5 feet between Paul and I at this point and probably about 6 to 7 feet between, uh, uh, the officer and I at this point. OK. And what, if you will, if you can recall, what pace is the officer moving at?

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Um, well, he he he had slowed down at this point, because he was closer closer to us, closer to the action. He had been he had been moving up the Sidewalk, not running, but but taking, uh, you know Pretty - pretty - [crosstalk] pretty quick pace? Yeah. OK. I would say so. OK. So then, please continue, if you will. Well, at that point, um, Paul con-continued towards the police officer. He turned his attention from me to to the police officer and I remember telling you that, um, when I let go of Paul, I was surprised at how easy it was to let go, uh, or or - I should say - for him to let go of me. I thought, "I can - I know I'm going to let go. I don't know what he's gonna do." Um, but he he moved his attention towards the police officer. And, um, at that point, he, um, continued towards the police officer and began kinda s- s- flailing Do you wanna - if you wanna be Paul, then I'll be the officer, if that's OK? Sure. You just tell me, tell me how you want me to stand and what you want me toUh- want you want me to do. OK? [Crosstalk] So, his hands on the gun, arms straight out. OK. Yeah. And and and Paul going at the police officer. And I - he said something to the effect of, um, "Oh, now you" - something something like that. Paul did? Paul did. Um. At what point, if you recall, I know this is happening really quickly, do you think that he said, "Oh, now you" or whatever you just said? Well, when he when he Once he turned from you to the officer? Yeah, when - when his attention turned. OK. So ... OK, keep goin', I apologize. Um, the officer at that point, uh, sort of moved his gun off to the side This side or this side? Do you know? That side. This side, OK. [Crosstalk] Which would be to Officer Heimsness's right side. [Crosstalk] Yep, and I'm over here, um You're still, at this point, on the terrace? Yes. OK. Um, and, uh, bent his knees, um, while Paul is - was flailing at him and, at that point, that's when I began moving from that that position to To your driveway. Yeah, circling around the officerOK - if you will - "He's a neighbor, he's a neighbor." As you were moving from terrace to your driveway, um, and you may not remember this, eh, is it. .. You're obviously not walking backwards - how are you - are you running? Are you walking? Is your attention - are you watching this the whole time as you're on the move or are you focused somewhere else briefly?

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Not the whole time - not the whole time. If you can recall. Yeah, I wasn't watching it the whole time. I I - my chief concern was for my own safety at this point, so, um, I I wasn't Sure. - I wasn't engaged with the action from a visual standpoint, because I I wanted to move to safety, but I was yelling, "He's a neighbor." That that was my second concern, was for for it to be understood, um, what this situation really was. Um, so, um, I moved around the police officer and by the time I got down the driveway, they were in more or less the same position, a-a-as I just described. So, I - uh the officer's down like this? Yep, and and Paul is is continuing to, uh, swat at him OK. - flail at him. At any time do you see Paul hold onto or physically touch for more than - for more than just likeI didn't see that - no. You know what I mean? Yeah. II saw a lot of hitting, swatting, slapping. Uh, I saw the officer, you know, sweeping with his arm. So he - do you remember what arm? Left. Left arm. OK. Um, that was more when I - when it first happened. OK. OK. Um, oh, by the time I got to the driveway, they were more or less in that same position. OK. And what position was was was Paul in at this point. UmSo, I'm - so if I'm like [unintelligiblej with my gun Yeah - it seemed like he was a little lower down. OK. And and Paul was was, you know OK. - coming at it like that. Ju - I think all over the place, flailing his arms. OK. Now, when we talked that morning in your house it, um, I mean - is it accurate to say - what I believe you had told me was that you really weren't sure how the disengagement happened. Is that accurate? The disengagement between The separation between - so you have Paul and the officer, who are really, as as I think you're describing it, in very close quarters here. Mm-hmm. Um, and there's some physical-ness going on between the two - is that accurate? Yes. OK. That morning, it seemed to me like you were having a hard time remembering or you didn't remember, or you maybe just didn't notice how the separation occurred. Is that accurate or do you - do you now have a stronger recollection of how [Uninteliigiblej- what I know is that both of them were standing taller than when they were squatting and and At what point in time.

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Pardon? At what point in time? When it - when I was at the driveway, um, as I said, when I first turned around, they were in more or less the same position as So, you're in the driveway, you get to this position, roughly speaking, and you think they're still roughly in the same position. Yes. OK ... It. .. it was a matter of seconds, but I saw Paulie's eyes, um, and I saw the police officer get in a position stance, where one might expect he he could shoot and and I saw that separation that that was created to allow Paul to stand more upright, for me to see his eyes, standing in our driveway. If you would - I'm kinda curious about that eh ... So ... if Detective Riesterer is still Officer Heimsness and you're Paul, and I'm you now, if you will, in the driveway, the street is is essentially that wall there. Um, and you're you're watching this. Now, how far are you from this, now - now that you've moved around to the driveway - roughly how far are you I would say 15 to 20 feet. OK, again, you were close to that stoop with that light. Yes. OK, from the neighbor's house. Um, now, you you you - the first time you told the story, you were very ahh articulate about seeing Paul's eyes. Describe it to me how - eh eh is it that Paul turns and looks at you or have you moved into a position where you - cause, as I'm standing, I would think, and I don't want to assume, that their eyes would be roughly at each other. WellMaybe it's not that big of a point, but you As I said, I I noticed it was at that exact series of seconds that I noticed the second police officer. OK. Um, so, just as there was a triangle with me here, Officer Heimsmith - Whatever, however[crosstalk] - here and Paul here. When I was standing down the driveway, the triangle was the second officer, Paul, and and the other officer. So, um ... Paul, in looking up, I don't know what he was looking at, but just as I noticed the presence of the second officer, it may have been that he noticed that as well. I I don't know. OK. OK. So[Crosstalk] I think it would be helpful, cause the point you were - you sort of broke off. Would you just, with the officer, re-enact what you saw from the driveway from the moment you got to the driveway and turned around. Yeah OK. In terms of what each was doing and what the distances were. Right. It was essentially that that sequence of of, um, how you get from that position of of someone swatting at you to putting yourself into position to shoot, so you take a step back OK, I don'tSo the officer took a step back - is that what you - I want to make sure I just understood what you just described, if that was the officer or Paul? Yes. If you just want to It was it was the officer -

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Why don't you just be the officer? Yeah. OK ... It was, if you were down like this, um, I - there's not enough room here. I We'll we'll move the table. I apologize. We'll make room. [Sounds like sliding objects] Is that a little better? How's that? If if he were down like this, and he were to stand up straight and take a step back, to create space between him and Paul, and for Paul to move from that position of swatting and flailing, as the officer stands up, Paul moves back, like this. There's a telephone pole at the end of the driveway. I almost felt like his back was close to against the telephone pole. Um, he was not at at that time ... Paul? Yeah. When I saw his eyes, he was not focused on this officer. He was looking sort of more in the direction of me, potentially in the direction of the second police officer. He then went back to the - to the first police officer and went like that... as the - as the police officer was standing in the shooting stance. OK. AndYou wanna still be Paul and 1'111'11 try to - and let me know if I'm not doing what you're saying. So you're you're Paul, you're swatting. You're swatting at me. Mm-hmm. OK and then somehow, you don't know how the separation? Weill - I think I just tried to explain it that OK. - that the officer stood up, took a step back, and put his arms back out in front of him. OK. So, Detective Riesterer is now the officer standing up. So you're - so you're swatting at me Mm-hmm. So then, the officer comes back and does this? Yes. OK. And, how far apart were they? They they were, at this point, it had to have been 5 to 6 feel. OK. Is this an accurate distance in here? No, it was OK, so why don't you please stand, gentlemen, if you wilL .. make a little space for them. You you would have been - if you were the the officer, you would have been about there. And I'm on the sidewalk? Yep. OK. Paul is more on the terrace. OK. Um, and the second officer was over here. OK.

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UmCould you stand about how far Paul was when PO Heimsness shot, if you will. This isRight there? - this is about it. OK. Maybe maybe - this is about it. OK. 5 to 6 feet. OK. Would you mind if I actually took a measurement real quickSure. - of where you're standing? Sure. I hate to - we we can come back - you don't have to stand frozen like that, but I'm gonna grab I don't even know if we have 'em, but somebody out there might have one. We'll see if somebody has them, yeah. You doin' OK? Yes. Thank youThank you for [unintelligibleJ ... [Background voices risingJ Why don't you just close that door, so [Thudding/clicking soundsJ [No one speaks from 43:49 to 44: 12J [UnintelligibleJ the best equipment there WellThat is impressive [CrosstalkJ - as fast as I did, actually. OK, so I'm gonna mark one ... generally speaking, you know, go toeto-toe or you want me to go center, front I would do center, yeah. This - is that - is that reasonable everybody? So, we're talkin', roughly 5 to 6 feet is is was what I pictured. Is what you picture? Mm-hmm. AndYou gotThat's about five. You got it? Yep. I'm showing anywhere from this is 4 feet to Kevin's back foot, which is roughly around 5 feet. OK. Um. Well, eh, I think the problem - [crosstalkJ - we're in a we're in an eight foot [unintelligibleJ and, um, you comfortable with that distance? Yeah -11[Crosstalk, unintelligibleJ Yeah [unintelligibleJ 5 to 65 to 6. Yep. Again, nobody's holding anybody to any -

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- yeah this is a driveway I know intimately. I play basketball there three times a week with my son. Yeah. OK ... Um ... Do you wanna take a break? No, I'm good, thank you. OK. Um ... [extended pause] ... If you will, when -I'm gonna take you back now to when you're in front of Paul's house, with Paul, you're talking to him, you're trying to get him into his house. Mm-hmm. Um, and you asked him about if you had been to the bar - something to that effect Yes. And he said, 'Why?" Um, is that about the point when his demeanor changed? UmOr was it after you said It was more after I said "and I could have called the cops." OK. Um, the "why" seemed to me to be him, um, making a step towards what could have been a a better conversation between he and I. Um, so that's why I said, "Well, because you were trying to get into our house, trying to help him get to that point. The reason I said "and I could have called the cops," is because I also wanted that to sink in, that this is this is why, ha, I'm wondering these things." Mm-hmm. Um, so then he - his demeanor then changed and he he actually - you're now in the situation where he's come at you, his hands are up and you-you've got his his collars and he's got your arms and you're backpedaling. Um ... I I think you said this and I just want to make sure, cause this was a question that I had before and I want to make sure that I'm I'm clear on it. So, you - for the most - for the best assessment here, you essentially backpedaled from roughly his to on the sidewalk by his front door to close to your driveway? Yeah, I can show you on the map. OK. From about right there, that cornerWhich you're pointing to is Corner of the 509, eh, property. You wanna mark that spot with an X? Is that OK? Or do you - why don't you mark it, so I'm not Putting it somewhere that Yeah, I want you to - we're Well, I I had told you this the other day that I was standing in front of the the, um Yep. The steps. Yep. Paul was about here on the sidewalk. And I had moved around to this side, so that's Cause he had been following you up the sidewalk. Right. Um, so when I said both the question of "Do you want me to get NateT and "Were you at the barT I was on this side of him. OK. And and that's where where the backpedaling started. Alright, so you marked it with a circle. [Unintelligible] ... I don't know if it's, um, if it's worth just having - I mean, do you want to look at the map that you drew that morning with me and and and go over that or do you want - ah - do you want to create a whole new map? Um-

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Why don't you create a new map? OK ... [knocking] ... Is somebody knockin'? [Unintelligible] need to move the table back [unintelligible] ... They, uh, they just said we need to move the table back, because they can't see what you're doing. OK. Sorry. [Sounds like sliding objects] Let's take a minute break. OK. It's, uh, 3:14 p.m. and we're gonna take a break. Yeah, just for a [unintelligible]. Do you want us out? No. [Break begins at approximately 49:28] [Break ends at approximately 51 :34] OK, it's 3:25 and the recording device is, uh, new CDs have been inserted. The first set of CDs was, uh, we're finalizing. Do you want to go back to that first part first or? Honestly, I wish I would have taken a note as to what we, uh, ended on. Um ... He was just just - he was just gonna draw the map and I was gonna document the circle and that he went around, um, when Sure. - where Paul was and where he was and then the - when they were walking back. I guess I would say, let's just continue on with OK. - the documentation of the map. Um ... We were thinking we were going to use this bigger sheet, because there's not a lot of room for detail there. Do - do you want - you have the whole block here, eh I think that, eh, you can do what whatever you want, but it seems seemed to me logical to include 9, 11 and 13, butRight. Um, and that's -I'm referring to the home addresses. [No one speaks audibly/recognizably from about 52:42 to 54:07] So, if you want to first start with the location where you're in front of Paul's house and the conversation with Paul turns after you ask him about was he in the bar and says, "Do you want to get - You want to get weird now?" or something to that effect. Mm-hmm. Um, I guess if you would ... So, um ... this is ... Paul. So, Paul is a red circle on the map. And ... I was more about here. OK. And, uh, this is me. And Kevin is a ... a blue X. OK. And, umDo you want to refer to that as location number one? Um ... Position number one is is is where, um, Paul came at me, where I grabbed his lapel, and where he grabbed my arm, and we started moving back in this direction, me backpedaling. Um ... If it seems logical to you, do you want to go and mark position number two, essentially where you think the next logical sequence of events is? Um, sure, it was probably, um, about here, I would say - position number two - which is, um, it was probably about here, um, where I began to look over my right shoulder.

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OK. Um ... And that's in front of 510 - or 511 511, yep. OK. [Unintelligible]. Um ... So, why don't you draw you and Paul again. Red for Paul. Um, and that's when I began to look over my right shoulder, uh, to call for help. Um ... I would say I was looking over my right shoulder, so continuing to backpedal, I I I hadnt stopped and, um, so I continued to move. Uh, in that direction. Um, and then I noticed ... black pen. For the officer. That - I noticed the police officer, so ... [Unintelligible] I noticed the police officer coming up the sidewalk. Um, and it seemed that he was about, um, and it seemed that he was about, um, about here, in front of 515 South Baldwin. So, you have Officer Heimsness on the sidewalk in front of 515, uh, drawn on the map as a black square. You want to refer to that to as position number three, which is the point where you first notice Officer Heimsness, as you're sort of turning and looking. Mm-hmm. OK. And, um, he was continuing to walk this way. Um ... he he was probably, I would say, about here. This is the driveway ... He's probably about here, when he said, "Get down, get down." OK. SoSo that would be position four. Excellent. Um, and then over here And I'm just going to say out loud, position four is in between the driveway between 515 and 513. Is that accurate? ... OK. Yeah ... as far as I recall. Um ... so position, I guess this would be five, is, uh, where I... let go of Paul's lapel, uh ... and moved on to the terrace. You want to draw an arrow maybe? ... Maybe maybe draw an arrow into the terrace and ... mark an X again. UmAnd number that please. Number six. So, just to summarize, position 5 is where Kevin and Paul disengaged in front of 511 S Baldwin St. Kevin moves to the terrace, which we have identified and labeled as position number six. Um, upon letting go, the police officer was probably, by this point, about here, I would say ... and continued to move in this direction. AndMark - mark that that that - number it rather ... Seven. I'm I'm gonna backtrack this a little bit. When you're in position number 5, you know that it's a police officer by position number 3, when you look back over your shoulder? Have you identified that person as a police officer? NoWhen do you officially identify this square as an officer? Probably when he started to say "Get down, get down." OK. Which was, I think we said OK.

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- position four. Thank you. Which as you're pointing to the map is roughly in front of your house. GE: Yes. KO: OK. GE: Um, so ... um, when I, when I let go of Paul, I was standing here, um, here and PaulKO: HH?: What number? I was still at number six. KO: GE: If we can clarify, if you will, I want to just make sure it's clear on the record that position seven is really - tell me again what position seven is. Just the officer still on the move? Or is there something about that position The officer was on the move all the way KO: Sure. GE: - through here ... Um, when I let go of Paul, he was probably about here. KO: GE: OK. But continuing to move. Um KO: So, pretty close to your driveway or in your driveway? GE: Mm-hmm. KO: GE: OK. KO: And, um, as as I let go of Paul, Paul turned his attention from me to the police officer and by this point, they were both about here. So ... that would be position 8. And position eight is, uh, in the driveway towards the - which would be the north end of the MR: driveway for 511, is that correct? The share driveway, between 513 and 511. Mm-hmm. KO: And at which point did you see the officer's gun? Was this at four MR: I saw the officer's gun, you know, at about position four. KO: Position four, OK ... MR: So, um, there was movement here obviously. Um, and as I mentioned, the triangle, and I KO: continued to see Paul go towards the police officer and then and then that's when I started to move around the police officer. GE: OK. What kind of pace was Paul doing as he walked towards the officer? MR: Ohh, he was, more or less, stumbling. Um, taking, you know, big strides towards the police KO: officer. Um. Yeah ... flailing with his arms towards the police officer, continuing to move in that fluid direction, you know. As I said, I let go of his lapel, and he he just kept going. So, um, he - you know, we were Where is it about that that Paul says, "Oh, you now" or something similar to that? GE: It was right right after, uh ... right after me letting go. KO: GE: OK. So, in here. KO: In between position five and eight GE: Yes. KO: - generally speaking. OK. I guess, if you will then, if it's logical, would you put yourself in the GE: driveway, where you ended up, when you - as you Sure. KO: Maybe draw like a circle of you know or a, roughly speaking, the route you took that you went. GE: OK, so you went fairly wide Ahhh, yeah, probably not that wide, actually. Um ... you know, probably more like that. KO: GE: OK ... Let's, I guess squiggle that line now just to some degree. OK. Alright. That's good. That's easily explainable. Um, and I guess, if you will, label that position nine. I was probably standing more here. KO: KO MR:

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OK. Um ... So, squiggle out that other X, so that people don't get confused ... OK ... Is there anything else that you think is imperative to get on this map? Uh, the second officer. OK. Good. It's something that I know was not on the original map. Can we get him - see if I have another colored pen? [Clattering sound] [Extended pause] Not a pen. That's a green shhh - uh, marker. Do you want to mark that here and tell me if you think it's a bad [unintelligible] ... OK. Alright. Um, so I - you know, as I was standing here, um, I noticed the other police officer about here ... So, position ten is identified with a green triangle, and that would be the officer - the second officer that responded. Mm-hmm And you have her positioned sort of on the grass. Yeah. OK. That's where it seemed - pretty pretty close to the sidewalk. Generally speaking, in front of 511? Mm-hmm. OK. You know, pretty close to the driveway as well. So now you described earlier this tria - this new triangle. Mm-hmm. And that the triangle that I think you were referring to, I'd like you to show on here, if you will. Yeah. It it was when, um ... when ... when from this position both Paul and the officer stood more erect. Uh, the officer took a step or two back. OK. And changed his Show that on the drawing, please. And and think about it, before you draw it, so you don't have Sure. - cross outs. He's referring to position eight. So this, I guess, becomes position eleven. And, um, Paul also stood more erect and moved on to the terrace a little bit more. Show him number Number twelve. Position 12. And that's the triangle of which I spoke ... As I described it to some other folks. It was - it was a cross with me ... OK. If you add me into the position. Mmm. There is a telephone pole here, which I [unintelligible] noted here. You can draw a circle and and draw, you know, fill in with an arrow, saying telephone pole, if you want. That's not that close to the street, but it's, uh, it's there ...

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Mark on the map a circle with a telephone and the only reason I am repeating that is for the person that'll be doing the dictation. Sure. So they know what we're we're referring to. [Extended pause] From the time you If... Go ahead. I don't - I didn't mean to interrupt you, but. .. Go. I'm just thinking about what else might be included. Um ... At what point do you yell, "It's my neighbor" or "our neighbor," "It's my neighbor." "He's my neighbor" is what I remember saying. Ah, essentially this whole, this whole journey. OK. So heSoGo ahead. From position six through ... through to position, ultimately nine ... when Kevin basically moves in the terrace to his position in his driveway. Um, one thing that, ahh ... I guess I wasn't a hundred percent clear on and, if you are or you're not, um, let us know. When I talked to you the first time, you had said that you had said it twice. "It's my neighbor" or "It's my neighbor." Today, I got the impression that maybe you were saying you said it three times. Do you know, or were you just sort of dialoguing I I don't know how many times I said it. OK. I I don't know and I don't remember saying that I said it twice or that I said it three times. I'm not saying you said it twice. When you told me the story the first time, you said it twice. And that's how I recorded it OK. Yeah. No, II didn't - I didn't mean it ... had it be stated that way. OK. Um ... it it's - when the police officers entered our house. I told them the same thing and, um ... I told Officer Franco the same thing too and - alii know is I was repeating it. OK ... Anything else that you can think of, as you're sitting here assessing the diagram, that you think is important to Um ... - show us. Just, you know, I wanted to communicate the light. I thought that was important. Um, there there - our street is is well lit. Um, I I notice that you have the the street lights noted on on your map. Um, I think our neighbors have some some porch lights here. Uh, you know, I don't know that 509 was lit. Um. Those are things that we generally speaking, uh, address and took into account and documented. OK. But I appreciate you your [crosstalk]- something that we hadn't discussed on Friday morning - last Friday morning. Um, so that that was ... beyond that I can't, uh, I can't think of anything else. Um ... [papers rustling] oh, uh, after the shooting occurred, um, I went into our house and, as I, as I mentioned before, neither of the two officers looked at me. The officer who did the shooting said, "He went for my gun." That's what he said, um, immediately to the second officer and that's when I went into our our house ...

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I I feel good about this, uh, in the sense that I feel like this is, um ... actually fairly similar to what we talked about that morning. Um ... is there anything that you felt you've been misrepresented in? UmI don't know - I don't know where that has come from, um, or if you've heard or seen something and you want to address that issue. I I want to Um, in the press conference OK. - with Noble Wray. There were statements, um, said and there were also statements said that, um, some of these facts were corroborated by the homeowner. Um, there were certain things in that statement that I don't recall "corroborating." It was a broad, general statement, but, knowing, um, knowing that there were more facts from what I saw that night, I thought it was important Absolutely - to share this story again. Um, there was ... and I think I've expressed what what those points are. Good and that was the last thing I was going to ask you. Do you feel like you've gotten - that you've said what you needed to say what - everything, so that we don't walk out of here - we can take a minute and think about it, if you want, um, to make sure that you feel like you've, uh, you've told the whole story. Sure. I I would appreciate taking a minute Absolutely. - to think about that. Absolutely. It's, ahhh, 3:46. Um ... cool. We'll step out. Um, cause people forget everything still is being recorded - whether you guys want to step out and go into a different area and talk? Um, we can put you in our front conference room or, if you guys are - sometimes [unintelligible] it would be recorded, so just wanna ... Sure, no, I think it's it's appropriate for you to continue to record. Why don't we step out in the hallway, but I don't mind if it's recorded. Do you want to go like in a room or in a conference room ... that's the Captain's office ... [chuckling] ... We would just get in trouble for let!in' people wander. .. do you just want to go in a conference room, where it's quieter or? You won't have people [unintelligible] ... [Voices end and break continues from 73:35 to 78:04] Want it up or outside or? Ahh, just a bigger - we want that bigger space, um, [unintelligible] ... We can go in there. I just thought [unintelligible] ... [Voices continue faintly/inaudibly from about 78:50 to 80:05] It's 3:53 p.m. and we're back in the interview room. As we were outside, um ... Kevin and his attorneys asked for the tape measure again and we actually stepped into a bigger office space and Kevin and Attorney Harlowe actually wanted to position themselves facing each other, capturing what Kevin thinks is the accurate distance that Paul was standing in relation to Officer Heimsness, when Officer Heimsness fired his service weapon. Is that an accurate Yes. - evaluation? And as we did that and used measurements, generally speaking, on the floor from about the center of where, uh, a person standing's feet would be, so it wasn't the toes, it wasn't the back of the heel, it was about the center of their feet, um, we measured something -we-70, uh ... 70 inches. 70 inches, which we, which Attorney Harlowe pointed out was two inches short of six feet. And Kevin felt like he wanted to, uh Right -

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Go on. I I won't speak for ya. WeilL .. it always just seemed to me, uh, between five and six feet, and and I think that distance that we just looked at, um, is accurate and reflective of of what I saw that night. GE: OK. Um, one thing that we were interested in in maybe having you demonstrate again for us, is the physical contact between Paul and Officer Heimsness. You-you've done that a couple times here tonight - today - and we're not necessarily looking for ... what we're looking for, I think, and correct me if I'm wrong, if - you demonstrated a lot of the flailing arm movement and I want to make sure that you weren't - not - you never really touched Detective Rietzler - ha, sorry, Riesterer, I apologize. Um, and I don't know if that was because you were trying to be nice and socially comfortable. Would you demonstrate for us the speed and - I mean - hit Detective Riesterer, touch Detective Riesterer, as best you recall Paul touching the officer. I want that to be accurately reflected, cause I - Does that make sense? That makes sense. I KO: Are you comfortable doing that? GE: Yes. II wasn't - I didn't, um KO: I don't want GE: KO: - around and watch GE: Yeah, right. - and I want that to be clear. Um ... KO: I'm gonna move this chair, so there's some space ... GE: So, at at what point... do you want me to? KO: Well, it would seem logical to me - the point that, uh ... you've broken off and Paul now visually GE: has locked in on PO Heimsness and ... I want you to physically reenact it as fast as you best can recall and as much physical contact as you best can recall. OK. KO: Do you think we have enough room in here to do that? GE: UmmmmKO: You gentlemen wanna slide back this way, if that's OK? GE: HH?: Sure. Because we never addressed if if the officer was moving back or, you know, we never - from MR: all the demonstration I did - I never moved. I just - I just - I was like this and then I went like this and then I stepped back to take take the shot, if I recall correctly what you were saying. So, the officer, so the officer's like this the first part, when you say that Paul is coming towards him. Mm-hmm. KO: OK. MR: Kevin, before you do that, is this room big enough for you to do what they're asking? Cause if HH: it's not, we can make some other arrangement. No, I I I I think it - I think we'd need a bigger space than this. I don't think that there was a lot KO: more space occupied than this, but, in order to, eh, to do what you're asking me to do. I think we need more - a bigger space. Um ... if we get the table farther over? MR: Or out? ... I'm only thinking of how we are going to record it. GE: Right and and and I I think it - I think it makes sense for him to reenact this, but if the HH: reenactment is being constrained by this space, then it probably isn't helpful. Why don't we take the chairs out. MR: Yeah. Do corner to corner maybe. HH: Yeah. See if that helps. MR: Let's do corner to corner. .. HH: [Sounds of sliding objects across floor] Be in the middle more? OK ... And then put this [unintelligible] ... MR: GE: KO:

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[More sliding sounds] Try to put this down here ... They kinda want us - I - it's interesting, because you got the camera up there and the camera here, so, if we can somehow do it in this location, if that works. Yeah, I mean, a lot of it was movement, so confining it to a single location. Maybe we should just call for an investigator to come down and videotape it? It's gonna take a while - I just want you to know that. By the time an investigator gets down here. It could be To do like aTen minutes - it could be a half hour. Um, whatever, you're comfortable with. Let's get it right. OK. OK. Have them stop the DVDs then. I'm gonna stop this recording.

[Recording ends]
1022

Transcribed by PRT Briana Nestler on 11/21112.
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MADISON POLICE DEPARTMENT Report Completed: 11/18/2012 Occurred Incident: Dispatched as: 10- Residential Burglary 10- Residential Burglary Case No: Ref. No: Grid: 2012-320242 Supplement MARQUETTE

Sec/Area: 410 CENTRAL

Case Offense: INTERVIEW TRANSCRIPTION Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/2012 06:02 Reporting Officer: DET GREGORY SESSER 2779 Special Routing:

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Transcription of interview by Detective Greg Esser (GE) with Detective Michelle Riesterer (MR) of Kevin O'Malley (KO). Additional voices heard: Investigator Brian Shaul (BS), Attorney for Kevin O'Malley Hal Harlowe (HH). Portions of the interview that are not clear will be designated as [unintelligible}. Two voices talking at the same time will be signified by [crosstalk].
GE: We're still at the South Police District station and, in general, we have transitioned away from the interview room that we were - we did our first interview with Kevin and we moved into the South Police District briefing room for the purpose of demonstrating essentially two phases. Um the first would be the contact between Kevin and Paul, um, the physical contact, and we're gonna, in general, try and recreate that using, in general, Kevin as though he is Paul and Detective Riesterer as though she is Kevin. Are you recording this as well? Yes. OK. Um, the second thing that we're going to try and capture would be after Kevin breaks off from Paul and has an encounter with Officer Heimsness. Um, so we'll break it into two sec segments and we'll, we'll label the first segment, segment 1, which is again Kevin and Paul's interaction. Um, for the purpose of this video, um, if I didn't say so already, it's 5:17 p.m. Um, this wall - and please correct me, if I'm wrong - we're going to use, in general, as Baldwin St. Um, this wall, in the briefing room, is going to, in general, be the houses, to include, roughly, 509, 511 and 513 S Baldwin St. As we continue to orient ourselves, directionally speaking, this way would be the intersection of Jennifer St and South Baldwin, and that behind Detective Riesterer, who is again acting as though she is Officer Heimsness, would be the general direction of Baldwin and Spaight st. Is that probably spatially Yes. - accurate? That's right. That's correct. OK. Um ... You ready? Are we, we're in the In the frame. OK. You know I coulda called the cops. You wanna get weird? [Scuffling/thudding sounds] OK? OK. So, by me looking over the shoulder is what Kevin said he did, when he observed Officer Heimsness for the first time. And I didn't grab your arms that time, but Wanna do it one more time?

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Sure. OK... I coulda called the cops. You wanna get weird? [Scuffling/thudding sounds] That feel pretty accurate? I know - I know again your - you articulated earlier, before you went live on the recording that it's hard to estimate force Right. - butI think that - as best you can from what you observed? Yes. OK. Somewhere between the first take and that second take, yes. OK. So then the second segment that we'll, um, replay is after Kevin has broken off from Paul. Mm-hmm. Um ... So, again, Kevin was going to - would be at the terrace, with his back to the street of Baldwin St, and then he would ultimately move around to his driveway. Do you think it's important for us to build an actor into that, which would represent you, or can we just have it beUhhh- you be Paul again and Detective Riesterer being Officer Heimsness? It might be helpful for that, actually. OK. For me. Um, yeah. OK. You want me to do that? Are you comfortable [Crosstalk] Yeah, absolutely. OK. SoI - I will then stand in this, in this frame of you and be again, Kevin, after Kevin has broken off from Paul, standing at the terrace, looking, generally speaking, towards the houses. Um ... So, you would let go of me. OK. And, and when the officer said, "Get down, get down" OK, I spin back to the terrace. Get down, get down. You would have - the 'get down' thing came before OK. Well, ha, one second ... "Get down, get down" came as she was walking up at, at, when, when he let go, or when I let go. UmPut, put people in position. Yeah, position. Do we want to refer to our map what positions we used on our map? I think we just show the physical, the physical engagement. I think we went over pretty clearly, and I don't want to get hung up on exactly what point someone was at when they said, "get down," you know what I mean? What I really want to capture is the physicalRight. - nature.

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134 136 138

MR:
GE: KO: GE:

So, you let go of me, as Paul, and you're coming towards me, and I shift my attention from you to the officer and I go like this [thudding] ... And that's - that's where ... that's where the physical contact took place. OK. And I don't know that we moved as far as we moved before, uh, just now. OK. So, Detective Riesterer should maybe not back up as much? Right. So, maybe about here [light thudding] ... OK, we'll do again. [Crosstalk] Please use the amount of force that you think So, let go of me [thudding/scuffling] ... Like that. OK. And, at that point, after seeing the beginning of that, and, and I this is an important point, that's when I started to move, after seeing the beginning of this - that's when I started to move. OK. Um. I saw part of this as I moved around the officer and Paul Heenan. Um, and then the next place I stopped was in our driveway ... and saw, at that point, more or less the same movements going on, um, for probably a period of 4-5 seconds. Um, and that's when I saw the officer then stand up ... Step back with? Take a step back, get into a shooting stance and, at the same time as that happened, Paul do a similar movement, stepped back. Um, I saw Paul's eyes at this point from about where you are. Um, there was about a five to six foot space between the officer and Paul on my estimation. It was at that time, when I noticed the second police officer, who was about here, uh, and and so, as I've described, the triangle between the two police officers and Paul. If you had me in the mix, it - the four of us made a - a cross shape. Um ... when uh, as as police officer stood up, as Paul did, that's when the separation seemed to occur. Um, I saw Paul's eyes, as I said, um, and when, immediately before the police officer shot, it seemed like Paul was moving down into a position like this. Um, when he was shot, he ... he seemed, ehh, he seemed to fall this way, um, and, as I said, it seemed like he fell, in pain and fell almost into a fetal position with his - his face Feel free to demonstrate, if you will. Um, I don't wanna crack my head on the desk so, um ... He went like this, was shot three times. Bang, bang, bang. He fell, like this, and then I believe he sort of slowly rolled over onto his back. At that point, um, as I, as I disengaged with Paul, I was yelling, "He's my neighbor - he's a neighbor," uh, multiple times from when I disengaged and continued to then - and saw him continue towards the police officer, to when I stopped in the driveway. Um ... after I saw the shots, um, I - I - as I've stated, yelled, "Jesus Christ" a couple times, "God damn it," at least once, and then, um, moved up the driveway, up onto our porch and into our house, prior to, uh, a - as I was moving up the - the driveway, I heard the police officer, who shot Paul, um, look at - sayin' - look at and say to the other police officer, "He went for my gun." OK. Keep it recording. Is there anything else that you would like - that you think that you, you haven't shared with us today, either in the interview room or in this room here that you think is important? Um. I know we've been here a long time and ...

01/09/2013

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475

KO:
140

GE:
142 144 146 148 150 152 154 156 158 160 162 164 166 168 170 172 174 176 178 180 182 184 186 188

MR: GE: KO: GE:

KO: GE: KO: GE: KO: GE: KO: GE: KO: GE:

KO: GE: KO:

GE: KO: GE: KO: GE: MR: HH: KO: HH: KO: HH: KO:

You know, I -I - you asked me that same question before we left the other room and I - I gave you a couple points there, which I know have been captured, um ... I think that's it. 1Did we capture in the other interview room the question about whether or not, uh, any more observation of an injuryNo. OK. One thing that we also wanted to - to sort of talk or discuss with you was, that morning we identified a possible abrasion Right. - or mark on your arm. You had actually in- in- uh explained at one point, again I think you identified two different marks that you observed that you think were like [Crosstalk] Well, the invest - the investigator, Officer Yep. - Parr, I believe Yep. Was the one who looked at my arm and said, "Was that there before? Was that there before?'" And I said, "I don't know. I'm not sure." He took a DNA swabYep. - from my arm. Uh, but here's [unintelligible]So, in general you haven't had any, any, any new bruising orNo. New injuries like that. You also, if you will, as we were waiting for the video tape to to, um, to come here, um, one of the things that we talked about was describing how hard Paul grabbed you by your wrists and, if I - I want to go on record, but I - I want to be accurate - I thought you described it as being like a snake bite, in the sense that the amount of force that was used? [Crosstalk] Well, that's what - that's what Jake said (referring to Attorney Remington). OK. Um, the only way I can describe it is, if you, someone were to grab your arm, if you had your arm clenched on something, they grabbed your arm and you felt it, for the next ten, fifteen minutes, not, not pain, but just that general feeling of 'this arm has been grabbed' - that's the force. OK. I only felt it on my right arm. I didn't feel it on my left arm. If you will, urn, we also thought we would have you sign and date this drawing. Sure. It's November 16th . You can pick anywhere. Thank you. And I'm, just generally speaking, noting that you signed it at about 5:28 p.m. Keep going, we'll, we'll, we'll stay live here. [Unintelligible] ... They were asking you if you had anything more to say. Mm-hmm. When you - when you talked earlier, you were expressing your view about whether you were threatened Oh. - or fearful. And I think it's with, with the arm thing, urn - and - I - I think it's the fact that I was turning to call for help, I - I - I wouldn't turn to call for help, if I felt like a punch was going to be thrown. I - I didn't feel like that's where this was going. Urn, I wasn't, I wasn't fearful of, of it - I - I didn't feel in complete danger. Urn, I fell like -

01/09/2013

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476

190 192 194 196 198 200 202

GE:
KO:

GE:
KO:

GE:
KO:

GE:
204 206 208 210 212 214 216

KO: KO:

GE:
KO:

GE:
MR:

GE:

What would it take for you to feel in danger then, though? Uh, someone throwing a punch at me. Someone trying to tackle me. Somebody kicking me. Um, somebody elbowing me in the face and then running towards my house. Um, moving a lot quicker than - than how we were moving. Not willfully being part of the movement, in the form of - of back pedal. A lot of factors would have - would have made me feel more in fear of - of, uh, you know ... One thing you articulated to me that morning was that you were thinking, "How am I gonna get out of this?" Yeah. Is that accurate? That is accurate. Be - and - I remember looking down at his leg and thinking, "Can I sweep his leg and throw him down?" Uh, and I decided I couldn't, um, but yeah, it was - it was one of those thoughts - "How am I gonna get out of this?" And, and And, is it also fair to say that you were thinking that you did need some help? Yes. [Crosstalk with GEl That's why I - I turned my head. Um, what I was picturing help was - help to be was more diffusing the situation. Um, helping to reverse the situation, um, acknowledging that this was a - was a neighbor, who was in need of - of help back into his home and - and hoping, you know, either my wife or another neighbor could assist with that. OK. So. I understand. Anything else? OK. This will conclude our interview then and it's 5:31 p.m. on the 16th of November. Thank you.

Transcribed by PRT Briana Nestler on 11/18/12.
218 220

Supervisory Officer:
222 224 226

1.0.: _ __

Reporting Officer:
DET GREGORY SESSER

1.0.: 2779

01/09/2013

423

477

Report 123

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as: 11/12/2012 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER-INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: PO DANIEL M FREI 2705 Special Routing:

From DatelTime: Thru Date/Time: Report sent:

OFFICER NARRATIVE
On 11/9/12 at approximately 2:46am I heard Dispatch advise officers that there was a possible burglary in progress in the 500 block of South Baldwin Street. I heard initially Officer Steve Heimsness advise that he had arrived on scene, and shortly thereafter a second officer, Stacy Troumbly, also advised that she was on scene. I did hear very shortly after Officer Heimsness had arrived, he announced, "They're fighting," which I took to mean that the suspect and homeowner were fighting with each other. I had heard Dispatch air a description of the homeowner prior to Officer Heimsness advising this. Very shortly after Officer Heimsness had made this announcement that persons were fighting, I also heard him advise that shots had been fired. At that point I did respond to the location and upon arrival made contact with Sergeant Karen Krahn, who was the scene supervisor at the time. Sergeant Krahn advised that she wanted me to stand by with Officer Heimsness, which I did. I went to where Officer Heimsness was seated in his squad car and remained with him throughout the entire time that he was at the scene, other than for brief moments when I made contact with Officer Troumbly. Officer Heimsness and I did not engage in any discussions as to what specifically had occurred; however, I was present when Investigator Mike McEvoy had contacted Officer Heimsness and asked him to provide a summary of what had occurred so that he might be able to locate and process any evidence that might be present. I did hear Officer Heimsness tell Investigator McEvoy of the likely location where shell casings might be found and also was present when Officer Heimsness told Investigator McEvoy that the suspect had "grabbed" Officer Heimsness's left arm. Officer Heimsness did point to the area on his left forearm and left hand and told Investigator McEvoy that he had been grabbed there by the suspect. Investigator McEvoy did eventually swab this area for possible DNA. I also heard Officer Heimsness tell Investigator McEvoy that his left pinky finger was hurting slightly, although when all three of us looked at it under light, we did not see any obvious wounds. I also assisted Investigator McEvoy by shining my light on Officer Heimsness to see if there was any blood or other similar matter on Officer Heimsness, and we did not locate any that was visible to the naked eye. I was also present when PO Heimsness told Investigator McEvoy that the suspect had "grabbed for" his duty weapon, which had been drawn at the time. I heard Officer Heimsness tell Investigator McEvoy, "I think he grabbed my gun. I know he was grabbing at it." Investigator McEvoy did swab the area of Officer Heimsness's service weapon, which would have been exposed and able to be contacted by suspect, specifically the top of the slide and the left side of the gun. I did hear Officer Heimsness tell Investigator McEvoy, "I was trying to push him away with my left hand and keep him from getting my gun, but he just kept coming." I did not overhear any other statements by Officer Heimsness that had a direct bearing on anything that had occurred that evening. During the rest of the time that we were together, we did not discuss the actual incident.

01/09/2013

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NFlijas Supervisory Officer:

1.0.: _ __

Reporting Officer: PO DANIEL M FREI

1.0.: 2705

01/09/2013

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479

Report 124
MADISON POLICE DEPARTMENT

Report Completed: 11/16/2012 Occurred Incident: Dispatched as:
10- Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer Involved Shooting Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11109/201202:46 Dispatch Date/Time: 11/09/2012 06:02 Reporting Officer: PO BRIAN G SHAUL 3916 Special Routing:

From Date/Time: Thru DatelTime: Report sent:

WITNESS

Kevin T O'MiI"e MNV DaB: 11973 (39 yrs) 973

PROPERTY INFO' Status Tag # Lkr# Description Code CPD Mini DV Tape of Interview 291946 E 40 Narrative:

Time 5:34pm

At approximately 5pm on 11/16/12, I was requested to assist Detective Esser in filming an interview with witness Kevin T O'Malley. I was operating in my official capacity as an Investigator with the City of Madison Police Department. I was requested to respond to the South Police District to film this interview.

I arrived at SPD and contacted Detective Esser, who advised he would be completing a portion of an interview with Kevin T O'Malley. Detective Esser requested I record this portion of the interview. Detective Esser advised that this interview would occur in the briefing room of the South Police District. I used MPD Forensic Services video camera GL2, which is a Canon 3CCD Digital Video Camcorder GL2 NTSC. I opened a sealed 60-minute Maxell Mini-DV tape and inserted it into the camera to use for recording. I commenced recording the interview of O'Malley at approximately 5: 15pm on 11/16/12. The interview with O'Malley concluded at approximately 5:34pm. The recording of this interview was continuous during this time period. Upon completion of the interview, I returned to the Forensic Services Unit and created 3 DVD copies of the interview as per requested by Detective Esser. These copies were provided to him. I then CPD property tagged the original Mini-DV tape under tag #291946 and placed it into locker CPO 40 in the Central District property room. NFA.

Supervisory Officer: Reporting Officer:
PO BRIAN G SHAUL

1.0.: _ ___ __

I.D.: 3916

01/09/2013

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Report 125

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:
11/27/2012

10 - Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: DEATH INVESTIGATION Addr of Occurrence: 513 S Baldwin St 11/09/201202:46 Call DatelTime: Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET TRACIE A JOKALA 3234 Special Routing:

From DateiTime: Thru DatelTime: Report sent:

PROPERTY INFOStatus Lkr# Tag # Code 10 E 292344

Description Squad Video: C413, C414, N420, C463, C443, 504

Attached: Lab Request Report with added notes, NARRATIVE: On 11/26/12, I received the above listed squad videos for this incident. On the attached lab request is the entire list of squad video I requested. See request for further detail on video availability. On 11/27/12, I reviewed each CD, which contains the video footage of C413 (PO Hemming-Cotter), C414 (PO Lujan), N420 (PO S Boespflug), C463 (PO B Albright), C443 (PO T Grigg), and 504 (Sgt A Fiore). I did not view any material of apparent evidential value. The footage contained images of emergency squad response, perimeter establishment (crime scene tape), and canvassing (officers interviewing various neighbors). The squads were positioned in a manner and distance that did not capture the location of the scene. At no time did I view involved officers Heimsness and Troumbly. These CD's were property tagged as noted above. End of report.

Supervisory Officer: Reporting Officer: DET TRACIE A JOKALA

1.0.: _ __ __

1.0.: 3234

01109/2013

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481

CASE ti: 2812-08328242 SQUAD VI~EO 413 584 4 LOC/BIN: 3881 Date Re~eived:11/2112

=:=:=::==:::;::=.::==::= ._.~ __ ___ _~_..J __ =====:=:===_"._.~.____,.....~_.J Wml~i~~AA~~rli'!J;>11~]~J fR:~~ti~~:r~~~d~~i~~~b~~~~t"t~fh~S~:~::s~~ ~~~~~~:~:r~~t~r~~~d~~~~~~~~C~:~~~~:-' Wml~i~~AA~~rIl11)l11~]~J fR:~~ti~~:r~~I:da~i~~~b~~~~t"t~tfh~S~:~::s~~ ~~~~~~:~:r~~t~r~~~d~~~~~~~~C~:~~~~:""
:~~~~,__,_. ;;;_____________________"===-c-==__ -_.,,' ;;;; "'-..'''''-' ..,. _ _ _ _ _ _
evening of 11/8/12 into 11/9/12, Squad footage needed includes: 451, 389, 504. 320, C413. C443, 11/9/12_ C463, C411, C520, C366, C414, C409, C367. N420, N418, N526, 438, 438.

_.~__ ~ _.~

__

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_____ .____J
. ,.".j --

1 ====.=~=::=.======". ~_.~J Ilnv~11g~P.§Ng~§:jjit~ ~--iitIn9f;;;squadSiO down=lo=ad=(e=m:::a:::tI:::se=n:::t' -to' c=a=p=tWilliams) Ilriv~11g~P.§Ng~§:jjit~ ~-"iitIn9f;;;squadSiO download (email sent -to :Capt =w=tI=lia=m=s:)=~==::: ----."' ---. - ---I - - - - - " .-_.
._------ '-----"-'

__. . .

squads #451,389,526,438 do not appear to be video equipped no video found relating to this incident on squads #367, 320, 418, 520, 411 Video from #413, 504, 443, 463, 420, 414 exported and burned to DVD
Video from squads #409 and 366 would not play (email sent to IMAT to fix back end player and allogw

!for lengthy videos 10 be played)

LOLtx' 1:0

.>PO

01109/2013

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482

Report 126

MADISON POLICE DEPARTMENT Report Completed: 11/28/2012 Occurred Incident: Dispatched as: 10- Residential Burglary 10- Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer-Involved Shooting Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11109/201202:46 Dispatch DatelTime: 11109/201206:02 Reporting Officer: OET MICHELLE RIESTERER 2324 Special Routing:

From Date/Time: Thru DatelTime: Report sent:

Please see attached documents, State Crime Laboratory Findings, case number M1125065. NARRATIVE: On 11/27/2012, I noted the attached Report of Laboratory Findings from the WI State Crime Lab in my mailbox. Upon examining the findings, it stated that the 9mm Luger Glock model 17 pistol, serial number CJK156, was test fired and determined to function properly. The fired cartridge casings that were submitted to the crime lab, items K through M, were fired from the submitted Glock pistol. The bullet in item H was originally fired from the submitted Glock pistol. Please see the attached document for the complete findings. End of Report/ace Supervisory Officer: Reporting Officer: OET MICHELLE RIESTERER 1.0.: _ __

1.0.: 2324

01/09/2013

429 483
CONFIDENTIAL REPORT OF LABORATORY FINDINGS DJ·LE·I03 (4/12)

Wisconsin Department of Justice DIvision of Law Enforcement Services State Crime Laboratory - Madison 4626 University Avenue Madison, WI 53705·2174 (608)266·2031 FAX (608) 267·1303

Submltllng Agency:

Date: Case No: Agency No:

November 15, 2012
M12-5065

Chief Noble Wray Attn: Michelle Riesterer Madison POlice Department 211 South Carroll Street Madison, WI 53703-3303

2012-320242

Laboratory Analyst:

Case Name:

Heenan, Paul H. [V]

William L. Newhouse (Firearms and Toolmarks Examiner)

rJ~rl1a.L-

I do hereby certify this document, consisting of 2 page(s), to be a true and correct report of the findings of the State Crime Laboratory on the ijems examined as shown by this report This report contains the conclusions of the above signed analyst.

J.B. Van Hollen
ATTORNEY GENERAL

The Wiscdnsin State Crime Laboratory in Madison received the following evidence on November 13,
2012:

Item H: One sealed paper bag containing one 9mm caliber jacketed bullet (Wt: 137.6 grains) exhibiting six polygonallandlgroove impressions with a right hand twist One sealed paper bag containing one 9mm caliber jacketed bullet (Wt: 147.2 grains) Item I: exhibiting six polygonallandlgroove impressions with a right hand twist One sealed box containing one9mmLugerGlock Model 17 pistol, serial number Item J: CGK156, manufactured with siX polygonal land/groove impressions with a right hand twist. Submitted with the pistol was one Glock 9mmLliger ammunitionthagazine with fourteen Winchester 9mmLuger cartridges and one loose. Winchester9mmLuger cartridge. The Wisconsin State Clime Laboratory in Madison received the following evidence on November 14, 2012: Items K thru M: cartridge case FINDINGS 1. The pistol in Item J was examined, test-fired and determined to function properly.
COPYING AND DISTRIBUTION OF THIS REPORT IS THE RESPONSIBILITY OF THE SUBMmlNG AGENCY

Three sealed coin envelopes, each containing one fired Winchester 9mmLuger

1IIIIIIIIIIIIIIIIIIIIIImllllllllllllllllllili 111111111 1111111
01109/2013

430

CONFIDENTIAL REPORT OF LABORATORY FINDINGS

484

Crime Laboratory - Madison

2. The fired cartridge casings in Items K thm M were originally fired in the submitted Glock pistol (Item J). 3. The bullet in Item H was originally fired from the submitted Glock pistol (Item J). 4. Comparison of the bullet in Item I to bullets test-fired from the pistol in Item J was inconclusive with regard to a specific gun origin. This inconclusive result arises from insufficient pattern match between markings present on the bullet in Item I and the test-fired bullets from Item J.

Laboratory Case No. M 12-5065

Page 2 of2

Analyst William

L;.,~fWhQUSe~

r~~t

431

485

Report 127

Report Completed: Case Offense: Reporting Officer: Special Routing:

MADISON POLICE DEPARTMENT Case No: 2012-320242 12/5/2012 Ref. No: Officer Involved Shooting Detective M. Riesterer #2324

CONTACT: OFFICER TROUMBLY On 11/26/12 at approximately 2:45PM I made contact with Officer Troumbly. Officer Troumbly had advised Detective Buechner and Detective Helgren that she rendered aid to Heenan. I asked if she recalled if Heenans's jacket was open or closed. The jacket is a Pea style type jacket with buttons on the left and right hand side. Officer Troumbly advised that the jacket was buttoned and she had to open the buttons to render aide. I asked Officer Troumbly if she recalled the position of the scarf Heenan was wearing and she advised she did not recall a scarf. NFNclt

01/09/2013

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Report 128
MADISON POLICE DEPARTMENT

Report Completed: Occurred Incident: Dispatched as:

12/5/2012

10 - Residential Burglary 10 - Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid:

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St 11/09/201202:46 Call DatelTime: Dispatch DatelTime: 11/09/201206:02 Reporting Officer: PO J. WEBERPAL, 4232 Special Routing: DETECTIVE RIESTERER

From DatelTime: Thru DatelTime: Report sent:

CONTACT

NICO FATSIS H:(608)_

MENTIONED Paul Heenan

NARRATIVE On 11-13-12 I was dressed in full military-style uniform and working for the City of Madison Police Department. At approximately 6 a.m., I was at the PI aka Cafe at 410 E. Wilson St. having a cup of coffee when I was approached by the owner, identified as Nico Fatsis. Fatsis began to speak to me and thanked me for being a police officer for the city of Madison. Fatsis explained that he understood being a police officer was a hard job and wanted to thank me for my service. Fatsis also advised that he understood that we were going through a lot right now but once again wanted to thank us for our service. When Fatsis explained that we were going through a lot, he was making reference to the recent officer-involved shooting. Fatsis went on to explain that he knew "Paulie." When talking about "Paulie," Fatsis was referring to Paul Heenan. Fatsis advised that since he has been part of the community, he knew "Paulie." Fatsis explained that "Paulie" was a good person and it was unfortunate what happened. Fatsis also explained that "Paulie" was a good musician and he had heard him play several times. After stating this to me, Fatsis then stated that he was not surprised about what had happened. Fatsis went on to explain that when Paulie was drinking, he was a different person. Fatsis explained that since Paulie and his wife separated he had been drinking more frequently. Fatsis continued to explain that alcohol does bad things to people. After hearing these comments from Fatsis, I did not respond to them specifically. I thanked Fatsis for his service and then exited the cafe. NFA 1.0.: _ __

Supervisory Officer:

Reporting Officer: PO J. WEBERPAL
jmn

1.0.: 4232

0110912013

433

487

Report 129

MADISON POLICE DEPARTMENT
Report Completed: 12/13/2012 Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Occurred Incident: 10 - Residential Burglary . 10 - Residential Burglary Dispatched as: Case Offense: Officer-Involved Shooting Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11/09/201202:46 Dispatch DatelTime: 11/09/201206:02 Reporting Officer: DET MICHELLE RIESTERER 2324 Special Routing:

From DatelTime: Thru Date/Time: Report sent:

ATTACHMENT: WI State Crime Lab Report dated 12/13/2012

NARRATIVE: Please see attached document authored by Bill Newhouse from WI State Crime Lab. NFAlace DET. M. RIESTERER 2324

01109/2013

oOec..1 3 JO!21!2;~4,r.M , 434
488 '

CONFIDENTIAL IlEPORT OF LABOFIATORY FINDINGS OJ·LE-103 (4112)

WI,,,,",I. De!>"CmCnl oUu,lice
DIvJsJoJl o(~wBntolcemenl Services

SIa'. Crlmo Labor.,ory - M.mso. 4626 I:JnlvmllY Avenue
M,dl'On. Wl5370S-2174
(60S) 266-2031 I'AX (60S) 267-1303

8ubmltJIng Agenoy:

Dale:
Casa No~

December 13, 2012
M12r5065

Chief Noble Wray Attn: Michel[e Riesterer Madison Police Department 211 South Carroll Street Madison, WI 53703·3303

AgGnoyNo;

2012-320242

Laboratol)' Analyst:

C8seName:

Heenen, Paul H. [V]

William L. Newhouse (FIrearms and Toolmarks EXaminer)
"

(;)~d1wL-

I do haraby c.rlily this dooum.nt, oonelsllng of 1 pllUe(sl.lo b. a'rue and correel report of lha/lndln08 of Ih. Sial. Crimalalloralo.y on thall.mB examined as shown by Ihls rspo~, Thle repot! OOhlai"" Ih. <lOnduslons ollhe abovs signed .nelyel, .

J.B, Van Hollen
ATTORNEY GENERAL

The following evidence was received by the Wisconsin State CrIme Laboratory in Madison received the following evidence on November 30, 2012:

ItemN:
Item 0;
FINDlNGS

One sealed paper bag containing one striped soRt'f exhibiting numerous defects One sealed paper bag containing one black H&M coat

Several defects with the physical characteristics of bullet origin were observed in the coat. Microscopic examination and a chemica! 'test were conducted on the coat (nem 0) to detect tho p!6sence of gunpowder residues. The chemical test demonstrated the presence of gunpowder residues dlstdbuted on the front of the coat in Item O. Numerous test firings were conducted with a Glock pistol previously submitted as rtem J at distances of 6, 18, 24, 30 and 36 inches with ammunition sUbmitted with tile pistol. Considering that the gunpOWder residues detected on the coat (Item 0) could have been deposited by one to three discharges of the firearm, the residue dlstrlbullon observed indicates a muzzle to coat distance of 24 to 42 inohes at the time the gun was fired.

COPYING AND DISTRIBUTION OF THIS REPOR. Is THE RESPONSIBILITY 0IIII]I,,"liijililfiJiIIiHI~lfIrlmUIIIIIIII
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Report 130

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as: 11/30/2012 10 - Residential Burglary 10 - Residential Burglary Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: OFFICER INVOLVED SHOOTING Addr of Occurrence: 513 S Baldwin St Call Date/Time: 11/09/201202:46 Dispatch Date/Time: 11/09/201206:02 Reporting Officer: DET GREGORY SESSER 2779 Special Routing:

From Date/Time: Thru Date/Time: Report sent:

DECEASED

PAUL H HEENAN MIW DOB:_1982 (30 yrs)

ATTACHMENTS: • Wisconsin State Crime Laboratory receipt of physical evidence • Wisconsin State Crime Lab transmittal form • MPD property room release receipt

NARRATIVE: On 11/30/20121 removed property tag numbers 291513,291514,291657, and 291663 from the Madison Police Department evidence room. I then completed a Wisconsin State Crime Lab evidence transmittal form reference the previously listed items of evidence. On 11/30/2012, I went to the Wisconsin State Crime Lab and made contact in person with firearms expert William Newhouse. In meeting with William Newhouse, I explained to Mr. Newhouse that we were looking to submit swabs from Paul Heenan's left and right hand as well as the scarf that Paul Heenan was wearing at the time that he was shot and the jacket that Paul Heenan was wearing at the time that he was shot. Furthermore, I explained to William Newhouse that we were looking to see if any of the previously listed items of evidence could be examined for gun powder residue. William Newhouse told me that the swabs would be of no value to him, indicating that there was however an independent private organization identified RJ Lee Group, who might be of assistance to us with regards to the swabs on the hands of Paul Heenan in terms of identifying any possible gun powder residue. Mr. Newhouse did state, however, that he would be willing to examine the coat and the scarf that Paul Heenan was wearing in an effort to identify any potential gun powder residue or gun powder residue patterns. As well, I asked William Newhouse if he would be willing to conduct some tests on PO Heimsness's 9mm firearm that he had already has in his possession at the crime lab. Specifically, I explained to William Newhouse that we were looking to see if he could identify distances that PO Heimsness's service weapon, when shot, would record gunshot residue. William Newhouse agreed to conduct these tests.

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After meeting with William Newhouse, I submitted property tag numbers 291657, the scarf that was worn by Paul Heenan at the time that he was shot and 291663, the coat that Paul Heenan was wearing at the time that he was shot to the Wisconsin State Crime Lab. Evidence intake specialist Haley F. Bradford received said evidence and provided me with the attached receipt. The Wisconsin State Crime Lab internal case number is M12-5065. I then responded back to the City County Building and returned property tag numbers 291513 and 291514, the swabs from Paul Heenan's left and right hands, to locker 40 of the Madison Police Department evidence room. On 12/03/2012 I spoke with Allison Murtha of

RJ Lee Group
www.rilg.com
724325.1776 Office 724.387.1907 Direct 724.733.1799 Fax 350 Hochberg Road I Monroeville, PA 15146

Marsha Hess
Project Coordinator. Forensic Science Department Murtha told me that the cotton swabs used to swab Mr. Heenan's hands made it such that any gunshot residue testing would be difficult. Murtha said she could analyze the swabs and attempt to extract any particulate from the swabs and then attempt to conduct the appropriate gunshot residue testing, but again the results would likely be inconclusive. I later spoke with District Attorney Ismael Ozanne and relayed the information about the swabs of Hennan's hands - and that if we wanted them tested they would need to be sent to a private lab. DA Ozanne advised that he did not feel this was necessary at this time and that we would wait to see what if any evidence could be found on Heenan's scarf and jacket, regarding gunshot residue.

NFA Supervisory Officer: Reporting Officer: DET GREGORY SESSER bej
1.0.: _ __

1.0.: 2779

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Receipt of PI~~ical Evidence

WISCONSIN DEPARTMENT OF JUSTICE DIVISION OF LAW ENFORCEMENT SERVICES STATE CRIME LABORATORY - MADISON

4626 University Avenue Madison, WI 53705-2174 (608) 266-2031 FAX (608) 267-1303

CASE NO:

M12-5065

DATE:

11/30/2012

TIME:

9:11AM

SUB AGENCY NO: SUBMITTED BY:

_2"'0'"''1.:=.2"'-3"'2"'02"-4"'2_ _ _ _ _ _ _ _ REeD VIA: - -=:2..,-3"' 2"'4"' Det. Gregory Esser AGENCY:

_I_n-Pe"'rs:..:o-'-n_ _ _ _ _ _ _ _ _ _ _ __ _l_n'- _Pe_rs_o_n Madison Police Department

Name Type Victim

Last Name

Heenan

First Name Paul

Middle Name
H.

Submission Comments

Item

Description I Source

N
0

One sealed paper bag containing piece(s) of clothing described as a scarf (agency inv. # 291657) One sealed paper bag containing piece(s) of clothing dcscribed as a coat (agency inv. # 291663)

All item descriptions are as provided by tbe SII bmitter and arc subject to cbange based on furtber information.
The laboratof}' reserves the tight to choose the items which will be tested and the methods which will be used to test them.
Rcteived By (Signature of Recipient)

Date:

Print Name

Hailey F. Bradford
Page 1 of 1

438

TRANSMI-yl/lAL OF CRIMINAL EVIDENCE

WISCONSIN DEPARTMENT OF JUSTICE STATE CRIME LABORATORY- MADISON 4626 University Ave Madison, WI 53705-2174 (608)266-2031 FAX (608) 267·1303

Submitling Agency

Agency Case No.

CITY OF MADISON POLICE
City of Agency County

2012·320242
Dale Transmilled

MADISON
Offense Committed in CityfTownNiliage

DANE
County

11/30/12
Offense Date

CITY DANE Criminal Offense (In drug cases report charge; i.e., Possession, Possession With inlenl, Delivery) Officer Involved ShooUng Paul H. Heenan

11/09/12
Trial Dale (If known)

MMJ

08/29/82

291657 291663

1

Scarf - worn by Paul Heenan Coat - worn by Paul Heenan

1

'-FU-'-I N-a-m-e-&-T-it-le-O-f-S-Ub-m-I-tti-ng-O-ffi-,oe-r:--ri--;=\-~---~--========--------r-Ph-o-ne-N-o. - - - ' - - ' - - " , , -

r---------------;>Co---------------,----- ---'--'--",,Full Name & Title of Submitting Officer:

Please Type or Print

ri~~~ Detective GreREltser GreQ B>ser

Phone No.

(608) 261-9176

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

1.

Under Case #
OfficerllBM

I VIEWED Tag #{s} #(s) Clerk Cieri<

Oaternme

2.

I OPENED Tag #(s) UnderCase # Under Case AND I REMOVED Item(s) lIem(s) AND I REPACKAGED Item(s) under Tag #(s) lIem(s)
Officer~BM OfficerllBM

Clerk Cieri<
I

Dateffime

3.

Under Case # 12·320242

OfficerllBM Q 4.

pe;;
!

Under Case #'--______

#._______

P'

Z'I-"¥'I U;. 6 :;s u-- Z'I-'¥'I
":'

I REMOVED Tag #(s) 291513. 291514. 291657. 291663

Glerk

-</!.Z.!/;;.

Datemme

// de...'l..2.

/

/

d,;2 0

I

11M,

#(S),_.J&7"'-_ I RETURNED Tag #(S)_.J&7z- _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _____

OfflcerllBM,_ _ _ _ _ _ _ __ OfflCOr~BM, PERMANENT Case #._____________ _ _ _ _ _ _ _ __
Case#~

_ _ _ _ _ _ _ __ Clerk_ _ _ _ _ _ _ _ _ __ Cleri<,

Dateffime_ _ _ _ _ _ ___ Oateffime' _ _ _ _ _ _

is

0

Closed

o Open

0

Inactive

Tag#(s)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

can be released to

DOwner

0

Olher

Name(s)_ _ _ _ _ _ _ _ _-'-_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ __ -'--_ _________________ ___

Address_ _ _ _ _ _ _ __ __ _ _ _ _ _ __ __ _ _ _ _ _ __ __ _ _ _ _ _ __ ___ Address,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tag #(s),_ _ _ _ _ _ _ _ _ _ _ _ _ __ Tag #(s),_ _ _ _ _ _ _ _ _ _ _ _ _ __ #(s) _ _ _ _ _ _ _ _ _ _ _ __ Tag #(5)'-;:-======,-_ _ _ _ __ #(s)''''======-:-_ for pennanent disposi!1on. Officer/IBM,_ _ _ _ _ _ _ _ _ __ OTHER INSTRUCTIONS

can be auctioned or destroyed. can be turned over to the General Fund.
to_~______________ islare turned over to_~_ _ _ _ _ _ _ _ _ _~_

Clerk_ _ _ _ _ _ _ _ _ __ Clerk,

DatelTime,__ _ _ _ _ ___ DatelTime~ _ _ _ _ _ _

Case#_ _ _ _ _ _ _ _ _ _ ____ Case #. _ _ _ _ _ _ _ _ _ __

Tag #(s),_ _ _ _ _ _ _ __ _ _ _ _ _ _ _ __ lslare being retained _______ ________ _

o o
o

Pending Prosecution (I will notify the Property Room of disposMion) Pending Appeal (Move to long·te"" storage) long·teom

Biological Evidence (Move to long-term storage)
Clerk Clerk,_ _ _ _ _ _ _ _ _ __ DatelTime, Date!Time,_ _ _ _ _ _ __

Offlcer/IBM,_ _ _ _ _ _ _ _ _ __ OfflCOr/IBM, _ _ _ _ _ _ _ __

"e""" live
Case#'__ Case II
~

'T

II IV",

(Drug Evidence, US Currency Greater than $100,00, Functional Firearms, lIems Valued at $1000,00 or More) $100.00, $1000.00
_ _ _ _ _ _ _ _ _ _ _ _ ____ Ta9#(s)' _ _ _ _ _ _ _ _ _ _ _ _ _ __ Tag #(s)

Description

Reason

Officer's Signature & IBM &

Commanding Officer's Signature & IBM
Date & Date & nme, ______________________ Date & Time Date & nme___________________

Released By________________________ Released By Returned By_____________________ Returned By Returned By Returned By____________________

""'. Date & Time_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I~

1tl29l2012·Property Room Release Recp! Disp.041509.doc:x

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MADISON POLICE DEPARTMENT Case No: 2012-320242 Supplement Report Completed: 01/03/2013 Ref. No: Case Offense: Officer Involved Shooting Reporting Officer: DETECTIVE M RIESTERER 2324 Special Routing: Please see attachment: Confidential Report of Laboratory Findings, Wisconsin State Crime Laboratory dated 12/13/2012. Attached is the State Crime Laboratory findings dated 12/13/12 which is the toxicology report of Paul H. Heenan. I noted item S, urine drug ethanol result 0.318g/100mL and item F1 blood drug ethanol result 0.208g/100mL. NFA Detective M Riesterer 2324/c1t

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CONFIDENTIAL REPORT OF LABORATORY FINDINGS DJ·LE·103 (4/12)

Wisconsin Department of Justice Division of Law Enforcement Services State Crime Laboratory ~ Madison 4626 University Avenue Madison. WI 53705·2174 (608) 266·2031 FAX (608) 267·1303

Submitting Agency:

Date: Case No: Agency No:

December 13, 2012

Chief Noble Wray Attn: Michelle Riesterer Madison Police Department 211 South Carroll Street Madison WI 53703-3303

M12-5065 2012-320242

Laboratory Analyst:

Case Name:

Heenan, PauIH.M

~P;(Toxicology)

11-.PIV

I do hereby certify this document, conSisting of 1 page(s), to be a true and correct report of the findings of the State Crime laboratory on the items examined as shown by this report. This report contains the conclusions of the above signed analyst.

J.B. Van Hollen
ATTORNEY GENERAL

~ C7hr71f.QY-=
DESIGNEE

,f

TOXICOLOGY REPORT: Paul H. Heenan
The following items, all reportedly reoovered from Paul H. Heenan on November 9, 2012 at an autopsy, were received at the State Crime Laboratory on November 9,2012: A (bile), B (urine), C (stomach contents), D (brain sample), E (liver sample), Fl (blood), and F2 (blood).

Item B (urine) Toxicologist Drug Volatiles Analysis by Headspace Gas Chromatography
Molly K. Ross Ethanol

Result
0.318 g/100mL

Item Fl (blood) Toxicologist Drug Volatiles Analysis by Headspace Gas Chromatography
Molly K. Ross Ethanol

Result
0.208 g/100mL

Immunoassay Screening by Enzyme Linked Immunosorbent Assay (ELISA)*
Amy J. Goedert
Immunoassay drugs None detected

No examinations were performed on items A, C, 0, E, and F2. *ELISA - This procedure targets the following drugs and drug groups: amphetamines, methamphetamines, cocaine metabolites, opiates, benzodiazepines, phencyclidine (PCP), barbiturates, and cannabinoids (marijuana).

Toxicology analysis of the above item(s) is complete. Upon the completion of all requested analyses, the item(s) will be returned to the submitting agency.
COPYING AND DISTRIBUTION OF THIS REPORT IS THE RESPONSIBILITY OF THE SUBMITTING AGENCY

11111111111111111111111111111111111111111111111111
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Report 132

MADISON POLICE DEPARTMENT Case No: 2012-320242 Supplement Report Completed: 01/04/2013 Ref. No: Officer Involved Shooting Case Offense: Reporting Officer: DETECTIVE M. RIESTERER 2324 Special Routing: Contact: Jeff S. Olson, #608-283-6001 PLEASE SEE ATTACHED; Letter from The Jeff Scott Olson Law Firm Dated 1/03/13 During the course of this investigation I had contact with John Heenan who wished any further contact to be through their attorney, identified as Jeff S. Olson On 1/212013 I left a message at approximately 12:30PM with Attorney Olson's receptionist. On 1/02/20131 received a voice mail at approximately 4:10PM from Attorney Olson. On 1/03/2013 at approximately 8:21AM I left a voice mail for Attorney Olson. On 01/03/2013 at approximately 2: 13PM I called Attorney Olson and spoke with him. I advised him that the property was available to be released on 01/04/2013. Olson stated he would be out of the office that day and would pick up the items on 01/07/2013. I informed Attorney Olson of the process and the property would be in the Property Room in the City-County Building located at 211 South Carroll St. On 01/03/2013 I filled out a property release form for the following property that can be released to Attorney Olson; Property tag# 291365, letter addressed to Pauly Heenan Property tag# 291366, notebook containing musical lyrics and notes Property tag# 291367, personal documents including medical discharge paperwork Property tag# 291368, one thumb drive, one c-gate 320GB extended hard drive. Property tag# 291371, Metro PCS cell phone Property tag# 291372, one Chase Bank checkbook in the name of Paul H. Heenan Property tag# 291373, 13 keys on keychain Property tag# 291374, black pelican case containing five SO cards Property tag# 291380, three note cards with musical lyrics and notes. Property tag# 291381, notebook containing letter to Mae Property tag# 291382, Sony 16GB thumb drive Property tag# 291427, keys Property tag# 291352, misc paperwork Property tag# 291492, black wallet Property tag# 291498, misc cash Property tag# 291501, silver color metal Zippo lighter Property tag# 291503, yellow BIC lighter, Carmex tube wrapper On 01/04/12 I received a fax from Olson, reference our phone conversation. Please see attached letter. Investigation continuing. Detective M. Riesterer 2324/c1t

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OLSON LAW

FIR~l

PAGE

01

443 497

luI?_ 3,.0)'11.

THE JEFF SCOTT OLSON LAW FIRM, S. c.
131 WrurrWIL..eON STREET, SUITE 1200 MADISON, WI9CONSIN 53703

Jeff Scott Olson

6082$36001 6082830945
E~MAIL.:

Andrea J, Farr.."
David D. J!ge

WE:esrrE::

JSOLSON@SCOFFLAW.COM WWW.SCOFFLAW.COM

January 3, 2013

Detective Michelle Riesterer Madison Police Department, South District 825 Hughes Place, ~adison, VVI53713 Re: Dear Detective Riesterer. I enjoyed meeting you on the phone today. Confirming the understandings we rea.ched at that time, I have been retained by and now represent all members of the family of Paul Heenan who have any legal interest in his estate. Paul's parents have asked that I retrieve such of his personal 'property and effects'that the Department is currently willing to :release, and I have agreed to do so. We agreed tlwt these will be available for me to pick up in a. box in the Department property room on Monday. Thank you for your cooperatinn .in this matter and I am sure the family appredates your assistance as well. Sincerely yours, Paulie Heenan

THE JEFF SCOTT OLSON LAW FIRM, S. c.

~ +---~~~
Jeff Scott Olson cc: John and Doris Heenan ]SO:tim

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Report 133

MADISON POLICE DEPARTMENT Case No: 2012-320242 Supplement Ref. No: Report Completed: 01/03/13 Case Offense: Office Involved Shooting Reporting Officer: DETECTIVE M RIESTERER 2324 Special Routing: Please see attached copy; Evidence Release Return from the Wisconsin Department of Justice Division of Law Enforcement Services, Wisconsin State Crime Laboratory, Madison: dated 01/02/2013. On 01/02/2013 I responded to the Wisconsin State Crime Laboratory. Turned over to me was one sealed cardboard box containing handgun described as a Glock 17 with magazine. Also located inside of the box was one sealed plastic bag containing test fired bullets, one sealed bag containing cartridges, one sealed bag containing bullet. On 01/02/13 I opened the cardboard box containing the above described items and retrieved the Glock 17 and magazine. This item was turned over to Officer Heimsness on 01/02/2013 in the City-County Building at approximately 10: 1OAM. On 01/02/13 I returned to the South District Station where I placed into property bag one sealed plastic bag containing test fired bullets, sealed plastic bag containing cartridge casings fired in Glock pistol and sealed plastic bag containing bullet and sealed property bag and placed the evidence into locker 40 in South District Station Property Room under tag 294123.

NFA
Detective M Riesterer 2324/clt

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445

WISCONSIN DEPARTMENT OF JUSTICE DIVISION OF LAW ENFORCEMENT SERVICES STATE CRIME LABORATORY - MADISON

4626 University Avenue Madison. WI 53705-2174 (608) 266-2031 FAX (608) 267-1303

Evidence Release - Return
Laboratory Case: Submitting Agency:

M12-5065 Madison Police Department
Case No:

2012-320242

Item

Description 1Source

J Jl

One sealed cardboard box containing handgun described as a Glock 17 with magazine (Agency Item # 291478) One sealed plastic bag containing test fired bullet(s)/cartridge casing(s) fired in a Glock pistol submitted as Item J

Signawret;leaSed Bp:-Sisnatu7;eaSed f/? /. /-;1.

Bp:--

Print Name

Date

v /,

~

',," Y ~ y

Roland M. Torres
Print Name I Agency
Date

112/2013
61 0).\ 13 61 \ O}\U
v

I / Signature (Released To)

~G

Michelle Riesterer I Madison Police Departmen Departmer

Page I of I

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Report 134

MADISON POLICE DEPARTMENT Case No: 2012-320242 Report Completed: 01/03/13 Ref. No: Case Offense: Officer Involved Shooting Reporting Officer: DETECTIVE M RIESTERER 2324 Special Routing:

SEE ATTACHED COPY: Dane County District Attorney Ishmael R Ozanne Press Release dated 12/27/2012. On 12/27/12 I after meeting with Chief Wray, DA Ozanne and ADA Mary Ellen Karst that a press released would go out on 12/27/12 at 12:00PM indicating no criminal liability for law enforcement officers involved in the shooting of Paul Heenan on 11/09/12. See attached copy. Also present in this meeting was Julie Foley from the Dane County District Attorney's Office Victim Witness Unit and Chief Davenport. I advised at this point I wished to notify the family before the release to the media. It should be noted I have had weekly contact with John Heenan updating him on the status of the case. I informed John in my previous conversations once we had a ruling I would contact him directly prior to the release to the media. On 12/27/12 at approximately 10:53AM lief! a message on John Heenan's cell phone voice mail. It should be noted this is phone ~that I have been using to contact him regarding this investigation. At approxi~:07 AM I tried home phone number and no one picked up that number. At approximately 11: 18AM I contacted Julie Foley and advised her that I had not been in contact with John Heenan but I was continuing to attempt contact. Foley stated she would contact the Heenan's attorney to let them know to contact me. At approximately 11 :30AM I tried calling a friend of the family and I contacted Amelia E. RoykoMaurer. I informed Royko-Maurer that I was trying to reach the Heenan family due to the fact that the Dane County District Attorney's Office had made a decision. Royko-Mauer stated she would assist me with attempting to contact the Heenan family. I attempted contact again at the Heenan household and made phone contact with John Heenan. At approximately 11 :42AM I did read to John the finding of the Dane County District Attorney's Office. I advised him that the release would be coming out at noon on today's date. He did give me an e-mail so I could press release to him. See attached copy of the e12/27/12 at 12: 1OPM. mail that I sent to It should be noted that John Heenan talked to me on speaker phone during this conversation and John's daughter initially answered the phone when I called. I advised John that Chief Noble Wray would like to sit down with his family where we could talk in more detail about the case now that the district attorney's office made their decision. At this point John advised they no longer wanted to have contact with the Madison Police Department and any further contact should go directly to their attorney, identified as Attorney Jeff Scott Olson. I ended my conversation with the Henan's. NFA Detective M. Riesterer 2324/clt

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DANE COUNTY DISTRICT ATTORNEY

ISMAEL R. OZANNE
PRESS RELEASE For Immediate Release Date: 12-27·12 Time: 12:00 PM

NO CRIMINAL LIABILITY FOR LAW ENFORCEMENT OFFICERS INVOLVED IN SHOOTING OF PAUL HEENAN ON 11-9-2012
After extensive briefings by detectjves, an inspection of the scene shortly after the incident, a review of summary reports from law enforcement, the Wisconsin State Crime Lab, and Medical Examiner's Office, diagrams, photographs and other evidence, the Dane County District Attorney's Office concluded Wednesday, December 26,2012, that there is no potential criminal court liability for the City of Madison police officers Involved in the shooting of Paul Heenan on November 9, 2012. "Officers responded to the call of a burglary in progress. The first officer on the scene observed the front door of the residence was open and two individuals in a physical struggle on the sidewalk. As the officer approached he observed one person fitting the description of the caller's husband. The officer had his duty weapon drawn. The two individuals separated as the officer gave loud verbal commands to get on the ground. The unknown suspect, later identified as Heenan, advanced quickly on the officer in an aggressive manner. A brief struggle ensued in which the officer believed the suspect was attempting to disarm him. The officer was able push the suspect back and create separation between them, at which point the officer fired three shots." said Dane County District Attorney Ismael Ozanne. "Responding to a physical threat to be disarmed with deadly force may be reasonable under the law." At approximately 2:45 AM on November 9, 2012, 911 dispatch received a call of a possible burglary in progress at 513 S. Baldwin Street in the City of Madison. The caller had been in bed when she heard someone entering her residence through the front door. The caller woke her husband and he had gone downstairs to see what was happening. While her husband was downstairs, the caller dialed 911 to have officers respond. At approximately 2:49 AM, the caller gave dispatch a description of the clothes her husband had on and that he was a 38 year old white male. Just before 2:50 AM, three gunshots are heard on the dispatch tape in quick succession.

Dane County Courthouse 215 S. Hamilton SI. #3000 Madison WI 53703-3297 Ph (608) 266-4211 Fax (608) 267·2545 http://countyofdane.com/daoffice/dahome.htm
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At approximately 2:47 AM, City of Madison police officers were dispatched to a possible burglary in progress. Two officers arrived on scene relatively close In time to each other. The first officer, PO Stephen Helmsness, moved across the street towards 513 S. Baldwin st. from the direction of Spalght Street, where he took cover momentarily behind a tree on the apron of the road near 513 S. Baldwin. From his position, PO Heimsness could see the front door of 513 S. Baldwin standing open. Having received a description of the homeowner's husband, at approximately 2:49 AM, he stepped from behind the tree with his duty weapon drawn and could see two males in a physical struggle on the sidewalk. He approached the two males and gave loud verbal commands to get on the ground. As he was giving verbal commands, the two men disengaged from each other and the male fitting the description of the caller's husband, later identified as Kevin O'Malley, moved back and away with his hands raised. The second male, later Identified as Heenan, did not comply with PO Heimsness' commands to get on the ground and he advanced on the officer. PO Helmsness stated that Heenan closed the distance between them rapidly, grabbing onto the officer's outstretched left hand with his right hand. With his left hand, Heenan reached across PO Heimsness' body towards his duty weapon. PO Heimsness stated he believed Heenan was attempting to disarm him and that his life was in danger. In canvassing the area shortly after the incident, neighbors reported hearing someone yelling loudly "get down, get down," just before hearing three shots very close together. Kevin O'Malley stated on November 9, 2012, he was woken by his wife, who told him someone had opened their door and entered their house. O'Malley went to the top of the stairs where he saw a man at their front door, which was open. He proceeded down the steps and confronted the male. O'Malley recognized the man as a neighbor that he had met a week prior. O'Malley asked if the man's name was Paul and attempted to locate his (O'Malley's) keys, which he believed were used to open the front door. O'Malley's wife yelled down to ask if she should call 911, to which O'Malley yelled back Ilno." O'Malley stated he believed Heenan was Intoxicated and when he could not find his keys, he attempted to take Heenan to his residence a few doors down towards Jenifer Street. O'Malley stated he was not able to get Heenan Into his house, as Heenan was not cooperating. O'Malley asked Heenan if he had been at the bar, to which Heenan responded "why?" O'Malley told Heenan that he had entered his home and he could have called the pOlice. O'Malley stated Heenan said "okay, you wanna get weird?" and then came at him. O'Malley stated Heenan grabbed onto his arms in an aggressive manner and in response he grabbed onto Heenan's coat collar. O'Malley stated Heenan was pushing him backwards and he had to hold onto Heenan's collar to fend him off. O'Malley stated he was thinking things had turned ugly and he was going to have to call for help. O'Malley also stated he was thinking of how he was going to get out of this situation. O'Malley stated he heard someone come from behind. O'Malley stated he recognized the person to be a police officer and his handgun was drawn.

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O'Malley stated the officer yelled very loudly "get down, get down!" O'Malley stated that once the officer yelled, Heenan's attention was then directed at the officer. O'Malley stated Heenan then went at the police officer. O'Malley stated Heenan and the officer had a physical struggle then separated very briefly, at which time the officer shot Heenan two to three times. O'Malley noted a second officer appeared on scene just before or at the time shots are fired. O'Malley estimated the officer and Heenan were approximately 5-6 feet apart when the officer shot Heenan. The estimated distance is consistent with the Wisconsin State Crime Lab's gunshot residue findings, which places the gun 24 to 42 inches from Heenan when fired, taking into account arm length and gun barrel length. In a subsequent statement, O'Malley minimized whether he felt threatened by Heenan's physical engagement with him. O'Malley did not rescind his description of the physical nature of his encounter with Heenan or Heenan's physical encounter with PO Helmsness. Relevant evidence includes statements of witnesses on the scene, officers at the scene, the location of physical evidence at the scene, the Wisconsin State Crime Lab's findings, and the Medical Examiner's findings, which are consistent with each other. Under Wisconsin law, which applies equally to members of law enforcement and to those who are not, any person may use deadly force to respond to a genuine fear of deadly force to that person or any other person. In this case, the officer felt compelled to use deadly force when he believed he was going to be disarmed by a suspect from a potential burglary.

• ••
The role of the District Attorney's Office in a case of this type is limited to a review of the facts to determine whether further investigation is merited and, after all available evidence is obtained, whether criminal charges could be merited for any individual who has survived the incident. Police executives and supervisors have the exclusive responsibility of establishing appropriate training and protocols for use in response to crisis events, and of selecting from among the tactical options available to police in responding to particular events. In this case, the City of Madison Police Department appears to have conducted a very thorough, objective investigation that Is ongoing. The determination by this office that no criminal liability is possible is warranted based on the consistent evidence that has been assembled since the shooting.

•. end··

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Report 135

MADISON POLICE DEPARTMENT Case No: 2012-320242 Supplement Ref. No: Report Completed: 01-08-2013 OFFICER-INVOLVED SHOOTING Case Offense: Reporting Officer: PO M. MCEVOY 2130 Special Routing: DETECTIVE MICHELLE RIESTERER

NARRATIVE: On 01-04-13, at approximately 4 a.m., per a request from Detective Riesterer, I returned to the 500-blk of S. Baldwin st. to obtain additional measurements. Measurements needed were the distance between the cement stoop located along the south side of the residence at 511 S. Baldwin St. to the sidewalk along the front of the residence. The cement stoop/entryway on the south side of 511 Baldwin SI. contained a single entry door. The distance between the leading edge of the stoop to the east edge of the sidewalk measured to be 26 feet, 11 inches. This is also represented in a scaled crime scene diagram that has already been completed. NFA

INVESTIGATE M. MCEVOY, 2130
jmn

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Report 136

MADISON POLICE DEPARTMENT
Report Completed: Occurred Incident: Dispatched as:

12/14/2012 10- Residential Burglary 10- Residential Burglary

Case No: 2012-320242 Supplement Ref. No: Sec/Area: 410 CENTRAL Grid: MARQUETTE

Case Offense: Officer-Involved Shooting Addr of Occurrence: 513 S Baldwin St Call DatelTime: 11109/2012 02:46 Dispatch DatelTime: 11/09/2012 06:02 Reporting Officer: DET MICHELLE RIESTERER 2324 Special Routing:

From DatelTime: Thru DatelTime: Report sent:

CONTACT

NARRATIVE: On 12/6/2012, I had learned that PO Weberpal was contacted by Nico Fatsis, who volunteered information about Paul Heenan. On 12/6/2012, I left a message for Fatsis. I received a voicemail from Fatsis and he requested that I call him when he is at work. On 12/14/2012, I made phone contact at approximately 7:20 with an individual who identified himself as Nico Fatsis. I introduced myself as a detective at the Madison Police Department. Fatsis advised that he did not know Paul Heenan. Fatsis advised that he has been having trouble sleeping, so he had stopped at Wisco for a few drinks. Fatsis advised this was approximately three weeks before 11/09/12. He advised that he was talking to an individual who identified himself by the first name of Paul. Fatsis advised after he had observed the media reports reference the officerinvolved shooting and saw the individual's face identified as Paul Heenan, he realized that he had been talking to Paul Heenan that evening at the Wisco. He advised when he was talking to Heenan at the bar that Heenan seemed "distraught over his relationship". He advised that he and Heenan continued to drink that evening, and as the evening continued, that Heenan became more "agitated". Fatsis advised that he was trying to play the "drug store psychologist", and as he continued to dialogue with Heenan, Heenan became "sort of ornery and defensive". Fatsis advised that he took from the conversation with Heenan that Heenan and Heenan's wife did not leave on the "best of terms" and felt that he was "lonely and miserable". Fatsis advised this was just a short encounter and he did not have any further contact with Heenan after that encounter at the bar. NFAlace DET M. RIESTERER 2324

01/09/2013

452

506

. Report 137

Report Completed: Case Offense: Reporting Officer: Special Routing:

MADISON POLICE DEPARTMENT Case No: 2012-320242 Supplement 12/06/12 Ref. No: Officer Involved Shooting Detective M. Riesterer #2324

CONTACT:

Kevin Wilmott lII(ph), phone

~

During the course of this investigation Detective R Baker learned that on 11/09/12 that Paul Heenan may have been at Jenna's Lounge observing a band called "Cowboy Winter". He also learned that Paul Heenan made contact with a member of that band, identified as Kevin Wilmott III. On 12/3/12 I left a voice mail for Wilmott to contact me. I received a call back from Wilmott and we spoke over the phone. I informed Wilmott I am a detective with the Madison Police Department assigned to the case involving Paul Heenan. I informed Wilmott that I had obtained information that he might have had contact with Paul the night of 11/8-11/9/12. Wilmott stated that Paul was a friend and I offered my condolences. I informed Wilmott that I would like to speak to him reference this and he asked that we do it in person. We agreed to meet on 12/5/12 at 12PM in the detective bureau in the City-County Building. On 12/5/12 I responded to the City-County Building where I waited until approximately 1PM and did not have contact with Wilmott. I called him at approximately 1: 55PM and asked him what happened today and Wilmott apologized stating that he overslept. I informed Wilmott that I still wished to speak to him and he stated he would also like to speak to me about this as well. As we attempted to isolate a time that we could meet, Wilmott stated that he had some questions he needed to ask someone prior to selling up another time to meet with me and advised he would call me back in ten minutes. As of today's date, 12/14/12 at 9:00AM, I have not heard back from Wilmott. I left a voicemail on 12/14/12 at 9:03AM to contact me. I advised Wilmott if he didn't want to meet with me that is fine, but to let me know so I will stop calling him. NFAlcit

0110912013

453

Report 138

507

Report Completed: Case Offense: Reporting Officer: Special Routing:

MADISON POLICE DEPARTMENT Case No: 2012-320242 Supplement Ref. No: 12/06/2012 Officer Involved Shooting Detective M. Riesterer #2324

CONTACT: Jeanette K. Danity-Dunsombe, flw, DOB _/72, phone ~ Narrative: During the course of this investigation I learned from Detective R. Baker that Paul Heenan had visited Jenna's Lounge on the evening of 11/18/12. He reported that other individuals saw Paul there and identified a Jeanette Dunsombe that may have had contact with Paul Heenan. Upon checking contacts Detective Baker noted a Jeannette K. Danity-Dunsombe. I called Jenna's Lounge and spoke with an individual who advised that Dunsombe works at Jenna's Lounge. I obtained phone ~for Dunsombe. On 12/3/12 I left a voice mail message for Dunsombe to contact me regarding this investigation. Again on 12/5/12 I left Dunsombe a voice mail message. As oftoday's date, 12/14/12, I have not received a call back from her. On todays date 12/14/12 at 9: 1OAM I left a voicemail for this number. I have not been able to verify that this is Dunsombe number and on the voicemail advised to please call me back to let me know if they do wish to have contact with me or not so I can stop leaving messages if they wish not to speak with me.

NFNclt

01109/2013

454

Report 139

SOB

MADISON POLICE DEPARTMENT Case No: 2012-320242 Supplement Ref. No: Report Completed: 01/03/2013 Officer Involved Shooting Case Offense: Reporting Officer: DETECTIVE M RIESTERER 2324 Special Routing: Property Returned, property tag #291377, #291384, #291383, and #291389. On 12/21/121 made contact with DA Ozanne and inquired if he had decided if I could release a computer belonging to Paul Heenan to his father John, DA Ozanne advised that the laptop computer could be released to John Heenan. On 12/21/12 at approximately 2:50PM I made phone contact with John Heenan and informed him the computer would be released. John stated he would meet with me at the South District Station at approximately 3:30PM on today's date so I could turn the computer over to him. At approximately 3:30PM John along with his wife Dory Heenan and I met in the South District lobby. I turned over to him one Mac Book Pro laptop computer under property tag # 291377. At that time John inquired about another computer we had taken into our custody. John also asked about the Apple IPhone as well. I advised John I was working on returning the phone but at this time it was in our Forensic Lab Unit and I would have to contact an Investigator in the unit to get it released. I informed John that I would also check on the second computer. I noted that we also had in our custody an Apple Computer, model #A 1289 under property tag #291384. I returned to the South District Station lobby where I advised John and Dory that I could get that computer but I needed to go to the CCB to get it from our Property Room. John and Dory stated that they would be at 1113 Vilas Avenue where I could turn over the property to them. I responded to the Madison Police Department Property Room and at approximately 4:05PM. recovered property tag #291384: Apple Computer A 1289 and a thumb drive on property tag #291383. I also met with Investigator Adsit who turned over Apple IPhone IV under property tag #291389. I responded to 1113 Vilas Avenue where I turned to John Heenan property under property tag #291384. Apple computer, #291383, thumb drive #291389 Apple IPhone IV. I advised John that we did have other evidence including a backpack and other misc. items that were taken from Paul's residence. I advised John once the decision was made with the district attorney's office regarding this investigation I could look at what items could be turned over to him. I ended my contact with John Heenan. NFA Detective M Riesterer 2324/clt

01109/2013

455 509

Report 140

Report Completed: Case Offense: Reporting Officer: Special Routing:

MADISON POLICE DEPARTMENT Case No: 2012-320242 Supplement 12/06/12 Ref. No: Officer Involved Shooting DETECTIVE M. RIESTERER #2324

CONTACT: John Heenan Narrative: On 11/28/12 at approximately 10:35AM I attempted to reach out to John Heenan to brief him on the status of this investigation and to see if he had any questions. On this date I did leave a voice mail and did not make a connection with John Heenan. On 12/5/12 I called John Heenan and spoke with him directly. I asked Heenan if he had any questions reference this investigation and he asked about Paul Heenan's computer. I informed him that I had spoken to two other people requesting Paul's computer due to the fact that other individuals had their work product on Paul's computer. I informed John that I discussed this with the district attorney's office on 11/29/12 and I again contacted the district attorney's office on today's date. I advised John at this point I have not received an answer from the DA. John also asked when a ruling will be made on the investigation. I informed John there was a meeting in the district attorney's office on 11/28/12 and a request was made to send items to the Wisconsin State Crime Laboratory and we are awaiting those results. I informed John that at any time he could call the district attorney's office and I gave John the phone number and who to contact if he had questions about their part in this investigation. NFAlcit

01/09/2013

456 510

Report 141

MADISON POLICE DEPARTMENT Case No: 2012-320242 Supplement Report Completed: 01/03/2013 Ref. No: Officer Involved Shooting Case Offense: Reporting Officer: DETECTIVE M. RIESTERER 2324 Special Routing: Contact Amelia E. Royko Maurer, phone On 12113112 I received a voicemail from Royko Maurer asking to have her keys that were on Paul Heenan's key chain returned to her. I returned the phone call on 12/14/12 and left a voice mail. I informed Royko Maurer that I was leaving soon for an extended vacation and to contact me right away so I could assist in returning her keys. It should be noted I did not receive a return phone call from her. On 12/22/12 I received a phone call from Detective Mundt who advised that Amelia Royko Maurer called and was frustrated about not getting property returned and other aspects of this case. At approximately 7:36PM on 12/22/12 I made contact with Royko Maurer. Royko Maurer expressed her frustrations about not seeing a list of items that were taken from her residence at 509 South Baldwin St. I informed Royko Maurer at this point the list would not be released until a decision was granted by the Dane County District Attorney's Office. Royko Maurer also expressed her frustration that no one from the city had reached out to the Heenan family to express sympathy for the loss of Paul Heenan. I informed Royko Maurer that once the decision was made by the Dane County District Attorney's Office we would work diligently in returning the property to the Heenan family. NFA Detective M Riesterer 2324/c1t

01/09/2013

457 511

Report 142

MADISON POLICE DEPARTMENT Case No: 2012-320242 Supplement Report Completed: 01/03/2013 Ref. No: Case Offense: Officer Involved Shooting Reporting Officer: DETECTIVE M. RIESTERER 2324 Special Routing:

Property tag #291482, #291480, #291481. On 01/02/2013 at approximately 9:30AM I responded to the Madison Police Department Property Room where I removed from evidence property tag #291482: identified as Heimsness duty belt, property tag #291480; Heimsness uniform cargo pants, property tag #291481; Heimsness uniform shirt. On 01/02/2013 at approximately 10:10AM I turned over to Officer Heimsness the property associated with property tag #'s 291482, 291480, 291481. Investigation continuing. Detective M Riesterer 2324/c1t

01/09/2013

458

Report 143

MADISON POLICE DEPARTMENT Case No: 2012-320242 Supplement Report Completed: 01/03/2013 Ref. No: Case Offense: DEATH INVESTIGATION Reporting Officer: DET R WEYH 2528 Special Routing:

iii!

NARRATIVE: This report is regarding the shooting investigation involving the deceased Paul Heenan and any financial records which would show his whereabouts prior to the incident. I was given all personal documents associated with Paul Heenan which were located within his pockets or wallet and pockets were several credit or debit-type cards wallet. Located in associated with seemed to be active on 11/8/2012 at l' This transaction was the purchase of a Road. There was also a receipt from this same ~ showing a cash withdrawal after a check as de osited on 11/7/2012 at 1:2~ion of this transaction showed to be the at 1965 Atwood Avenue in Madison. The check deposited was for $220. There was t en an immediate withdrawal of $140, leaving the balance at $138.75. and spoke with Amber who told me there were no withdrawal that I had the receipt for.

I did contact other wilhrl,'''lAf''

Also in the wallet were a few credit cards for gas stations or individual stores as well as membership cards for different stores, personal property such as pictures or notes, and other receipts for transactions from earlier in November and October. Also located in the wallet was a li"An"" for a Paul H. Heenan from the State of New York with an ID number of

All the items which I received were photocopied, and copies are attached to this report. The original documents, credit cards, receipts, identifications, and other items given to me were property tagged under Property Tag No. 291352 and placed in Locker No. 40 at the North Police District. was given verbal information that Heenan pm;sib,ly

I received no other information or documents suggesting that Paul Heenan had accounts at any other financial institutions, and this completed my report. Again all documents will be attached. End of Reportllmc DET ROBERT WEYH 2528

PAGE 1

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463

Case 06-154206 Email Correspondence Relating to Investigation – Internal

464

Export

Message: RE: Telestaff : Admin leave
~RE: Telestaff : Admin Leave
'~'1

From Heimsness, Stephen Date Thursday, January 03, 2013 12:01 PM To Gloede, Carl Cc Subject RE: Telestaff : Admin Leave
Thanks for the phone call. This just occurred to me: Did you come over to my house to tell me earlier? There was pounding on the door this morning and both I and my wife thought it was each other making something noisy in the kitchen so neither of us got up to check, I'm just trying to figure out if anyone came over. As you can imagine, unexpected people at my door are not a good thing, especially lately, . From: Gloede, Carl Sent: Thursday, January 03, 2013 9:28 AM To: Heimsness, Stephen Cc: Favour, Scott; Frei, Dan; Wray, Noble; Davenport, John; Donahue, Kelly Subject: Telestaff : Admin Leave

Steve,
I met with the Chief's yesterday as we reviewed the internal investigation portion of the Baldwin Street Case, We are working through the final review process of the investigation which includes consultation with the City Attorney's office and review of documents from the Training and Standards review, As we are not sure on the length of this final review and to give ample opportunity to fill patrol beats for your next work cycle, I have continued your administrative leave during your next rotation from 1/7 - 1/12, I did not add a admin day for 1/11/13 as you have a armorers training this date and believe that you should still attend this training,

I will also follow up with a phone call today,
carl Gloede captain of Police: Central District City of Madison Police Department 211 S. Carroll SI. Madison, WI 53703

file:/I/FI/UsersjitjgfjWilliamsl11413j15529096.html[lj15j2013 9:24:05 AM]

465

Export

Message: RE: Work Schedule

~RE: Work Schedule
From Heimsness, Stephen Date Friday, November 30, 2012 1:54 PM To Gloede, Carl Cc Frei, Dan; Favour, Scott; Wray, Noble; Roman, Kristen; Snyder, Tom Subject RE: Work Schedule
I think_would work fine. On Sunday, I will be there Thank you From: Gloede, Carl Sent: Friday, November 30, 2012 1:30 PM To: Heimsness, Stephen Cc: Frei, Dan; Favour/ Scott; Wray, Noble; Roman, Kristen; Snyder/ Tom SUbject: Work Schedule Steve, In talking with the Chief today, we will be bringing you back to work on Sunday in a restricted duty capacity. We have arranged for you to work a~ning Center conducting duties related to armorer duties cleaning rifles. Options for work hours are between _ You would keep your 6/3 schedule. For Sunday, training staff will be on hand between _ to gain access to the vault. Please ad~t would work for you to in completing this task. Carl Gloede Captain of Police: Central District City of Madison Police Department 211 S. Carroll St. Madison, WI 53703

at_

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Message: RE: Work Schedule
1iilRE: Work Schedule From Gloede, Carl Date Friday, November 30, 2012 2:43 PM To Heimsness, Stephen Cc Frei, Dan; Favour, Scott; Wray, Noble; Roman, Kristen; Snyder, Tom Subject RE: Work Schedule
Steve, Thank you for the definition of hours. Lt. Schiferl will be sending you information on contacts for Sunday.
Carl Gloede Captain of Police: Central District City of Madison Police Department 211 S. Carroll St. Madison, WI 53703

-----Original Message----From: Heimsness, Stephen Sent: Friday, November 30, 2012 1:52 PM To: Gloede, Carl Cc: Frei, Dan; Favour, Scott; Wray, Noble; Roman, Kristen; Snyderl Tom Subject: RE: Work Schedule I think-'would work fine. On Sunday, I will be there Thank you

at.

From: Gloede, Carl Sent: Friday, November 30, 2012 1:30 PM To: Heimsness, Stephen Cc: Frei, Dan; Favour, Scott; Wray, Noble; Roman, Kristen; Snyder/ Tom Subject: Work Schedule

Steve, In talking with the Chief today, we will be bringing you back to work on Sunday in a restricted duty capacity. We have arranged for you to work a t i l ! ! h e ining Center conducting duties related to armorer duties cleaning rifles. You would keep your 6/3 schedule. For Sunday, training staff will be on hand between Options between gain a cess to the vault. would work for you to in completing this task. Please
Carl Gloede Captain of Police: Central District City of Madison Police Department 211 S. Carroll St. Madison, WI 53703

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Message: FW: from Marline

l~FW: from Marline From Gaber, Randy Date Tuesday, January 08, 2013 12:56 PM To Wray, Noble
Cc Subject FIN: from Marline
FYI
From: Marline E Pearson Pe,IrSCln

Sent: Tuesday, January
To: Gaber, Randy

Subject: RE: from Marline
Hi Randy, Thanks for the reply. I must say though that we close to the situation know that the official story simply does not jibe with what Kevin witnessed and other neighbors heard. And that is really troubling. It's really Heimness's word against Kevin's. I don't think the community will ever accept that this was an okay judgement call by the officer. There is already a community sense of cynicism about the upcoming press conference. I just wanted to convey to you and the chief (as a friend) how deep the distrust is in the neighborhood. We think Heimness and any precedent he sets is a danger for the community. Marline Marline E. Pearson Chair, Sociology Department Madison Area Technical College 211 N. Carroll Street

~3703
From: Gaber,

Sent: Monday, January 07, 2013
To: Marline E Pearson Subject: RE: from Marline
Marline As you stated, this is not something I am in a position to comment on at this time, but I can assure you it has been, and continues to be, our intent to connect and communicate with the community on this issue. I know the Chief attended the healing session and I am aware that we have been working with the Alder to organize a community meeting for neighborhood residents. I have always known our department to be one that is transparent in all we do, and I recognize and support that we police with the permission and cooperation of our free society. I would not work in an agency that doesn't do this. I also wanted to let you know that this investigation was not done in a vacuum confined to MPD. A Dane County Sheriffs Department Lieutenant was assigned to shadow the investigation at our request and there has been involvement from other agencies in review of this case. There is a planned press conference coming up this week that will hopefully answer many of the questions that still remain about this case. I appreciate your willingness to share your thoughts. Thanks Marline

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Randy From: Marline E Pealfson' Pearson Sent: Monday, January 07, To: Gaber, Randy; Woodmansee, Thomas Subject: from Marline Dear Randy and Tom,

I haven't been in touch for a while. I do hope to soon catch up on SIU with you. Lately though, it's been rough. I don't know if you are aware that Paulie Heenan was actually shot on my sidewalk. We live at 511 S. Baldwin, in between the O'Malleys (our close friends) and Amelia and Nate with whom Paulie had
just moved in with. You know from my past record that I have a great respect and admiration of MPD and Chief Wray. I do feel though that I need to break my silence and convey to you my knowledge and how badly shaken the neighborhood's faith

in trusting the police is.
This is really a big deal. The neighbors have been troubled that the official report was not in line and has not been

in line with what we know to have happened. I think until the neighborhood knows that Heimness will never be
back out on the streets with a gun will we feel safe. The neighborhood hopes that the department will use this

event as a way to review and improve police training in such a situation. Heimness really did make a very bad
judgment call. Kevin from the start was very clear. The story in Sunday's WSJ of Kevin O'Malley's witness of events is exactly what I heard personally from Kevin when he first emerged from his house that Friday morning of the

shooting at around 9 am: 1. When Officer Heimness arrived he did not see some knock down drag out fight going on between Kevin and
Paulie. There was a pushing back and forth with Kevin holding his lapels. Kevin that very morning demonstrated (physically) on me the level of pushing. 2. Kevin did not see Paulie run at, or lunge at, the officer ---as I remember Kevin saying, "he just kept walking

towards the officer, flapping arms in air." Kevin did not see him grab the officer's arm or go for the officer's gun. Kevin did not corroborate that he saw Paulie grab Heimness's arm or go for his gun.
What's disturbing to us is Heimness' poor reading of the situation upon arrival and poor reaction to what unfolded.

Heimness clearly saw that Paulie was unarmed. He saw that Paulie was an incredibly small guy. (When I saw his body I thought he was a 14 yr old kid.) Heimness should have been listening when Kevin kept shouting "He's my neighbor." It's also disturbing that Heimness didn't announce himself. And that seconds after he shouted "get
down" he shot off 3 times. My husband heard the shouting and the almost immediate sound of gunshots. Our

neighbor across the street heard the shots and immediately looked out the window to see the second officer
running from the corner of Jenifer and Baldwin. The second officer could have only seen the dim outlines of Paulie's back from that distance. Humans are humans and humans make mistakes. But for the neighborhood, some aCknowledgement on some level that this was not the proper response would go a long way-even while acknowledging that in the heat of any moment stuff can go wrong. And to use it inform future training, as well as future decision-making on how many

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469

times an officer is allowed back on the streets after excessive force. A small, unarmed drunk guy should not be shot dead. Personally, I don't even want a burglar shot dead. I also think that at this point many are also wondering about the lack of an independent, outside review. Until this event I don't' think anyone was aware that our statutes allow departments to investigate themselves. Anyways, I don't know exactly why I'm writing except that I know you both and deeply respect you. I realize that you cannot really respond to me or say anything for legal and professional reasons. I don't expect that. I guess I just wanted to express my feelings from someone who has great respect for the department but who also feels there is a lot at stake in terms of community trust. The one quote from Sunday's WSJ article has really stuck to me: ... the worry that this "may be setting a standard of police conduct that will result in more unneeded use of force and more danger to the public." I hope in some way, and at some level, that MPD will engage in a process that signals to the neighborhood and larger community that this should not have happened and will do everything internally to decrease that possibility from happening in the future. Marline

Marline E. Pearson Chair, Sociology Department Madison Area Technical College 211 N. carroll Street . . . . .703

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Message: Officer involved shooting
iilofficer involved shooting From Davenport, John Date Friday, November 09,20126:14 AM To PD**MNGT TEAM Cc Subject Officer involved shooting
Just wanted to let you know that officers responded to a burglary in progress at 2:46am, 513 S. Baldwin. As initial off. arrived noticed suspect in struggle with male resident. At some point there is physical contact with suspect and officer. Officer fires three times at suspect, suspect is diseased, officers are ok.

Take care, John

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Message: FW: audio/320242

~FW: audioj320242
From Olivas, Dan Date Friday, November 09, 2012 8:26 AM To Riesterer, Michelle

Cc
Subject FW: audioj320242 ifu20242_Uiles.wav (1156 Kb ?3 ~320242_2_files.wav (792 K9~ 1flli20242_3_files.wav (70 Kb J_~ 320242_4_files.wav (541 Kb)lil 20242_5_files.wav (200 Kb ) im320242_6_files.wav (208 Kb ) ~ 320242_7_files.wav (184 Kb ) ~320242_8_files.wav (779 Kb ) ~20242_9_files.wav (199 Kb ) [;] 320242_1O_files.wav (135 Kb ) ~320242a.wav (450 Kb ) ~320242b_Cfiles.wav (437 Kb ) ~ 320242b_2_files.wav (151 Kb ) ~320242b_3_files.wav (71 Kb ) ~20242b_4_files.wav (116 Kb ) [fjj 320242b_5_files.wav (229 Kb ) rDI320242b_6_files.wav (153 Kb ) B1320242b_7_files.wav (53 Kb ) [fjj 320242b_8_files.wav (129 Kb ) ~20242b_9_files.wav (49 Kb ) ~20242b_1O_files.wav (52 Kb ) [fjj 320242b_ll_files.wav (48 Kb ) 1il320242b_12_files.wav (535 Kb ~ ij1320242c_Cfiles.wav (48 Kb ) rDI 320242c_2_files.wav (117 Kb ) m20242c_3_files.wav (129 Kb ) ,iJ320242c_4_files.wav (68 Kb ) rDI 320242c_5_files.wav (94 Kb )1RI320242c_6_files.wav (170 Kb ) ~20242c_7_files.wav (142 Kb ) IRI 320242c_8_files.wav (141 Kb ) fffu20242c_9_files.wav (127 Kb ) m20242c_1O_files.wav (55 Kb ) ~ 320242c_ll_files.wav (113 Kb ) ril320242c_12_files.wav (136 Kb lJjJ320242c_13_files.wav (172 Kb ) [i] 320242c_14_files.wav (127 Kb ) rDI320242c_15_files.wav (49 Kb )~1:320242c_16_files.wav (142 Kb ) rDI 320242c_17_files.wav (283 Kb ) lWil320242c_18_files.wav (129 Kb ) ~20242c_19_files.wav (266 Kb ) rDI 320242c_20_files.wav (178 Kb ) rDI320242c_21_files.wav (56 Kb ) rDI320242c_22_files.wav (67 Kb ) rDI 320242c_23_files.wav (74 Kb ) ~20242c_24_files.wav (53 Kb ) ~320242c_25_files.wav (164 Kb )
Armstrong is taking care of the discs.

From: Phillips, Wendy Sent: Friday, November 09, 2012 To: Olivas, Dan Subject: audio/320242

I have the audio completed I have made 3 CD's for you I can meet you at the MPD door by the cafeteria if you would like with these. I recorded two phone calls and radio traffic until 0345 if you need further let me know.
11-09-12 0246 513 S Baldwin St burglary/shooting MPD 12-320242

This information/date has not been preserved. Audio records are available for 120 days from the date of the Incident. This is a digitized recording this is not a precise rendering of what the communicator heard.

weMdij M.

Phiilip~

Public Safety Communications

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CONFIDENTIALITY NOTICE: The infonnation contained in this email including attachments is intended for the specific delivery to and use by the indhidual's to whom it is addressed, and includes infonnatian which should be considered as private and confidential. Any review, retransmission, dissemination or taking of any action in reliance upon this infonnation by anyone other than the intended recipient is prohibited. If you have received this message in error, please reply to the sender immediately and delete the original message and any copy of it from your computer.

====~~~---

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Message: FW: audio/320242
jj]FW: audioj320242 From Olivas, Dan Date Friday, November 09, 20128:26 AM To Kosovac, Linda Cc Subject FW: audioj320242 ~20242_Uiles.wav (1156 K~?3~320242_Viles.wav (792 KbJ 1la1320242_3_files.wav (70 Kb ~ ~ 320242_4_files.wav (541 Kb ).~ 20242_5_files.wav (200 Kb ) feJ320242_6_files.wav (208 Kb ) ~ 320242_7_files.wav (184 Kb ) .Wl320242_8_files.wav (779 Kb ) ~20242_9_files.wav (199 Kb ) 1m -Wl3'20242_8_files.wav 320242_10_files.wav (135 Kb ) 1m320242a.wav (450 Kb ) ~320242b_Cfiles.wav (437 Kb ) :Il 320242b_2_files.wav (151 Kb ) ~320242b_3_files.wav (71 Kb ) :illi20242b_4_files.wav (116 Kb ) [;J 320242b_5_files.wav (229 Kb ) ifal320242b_6_files.wav (153 Kb )bh20242b_7_files.wav (53 Kb ) ~ 320242b_8_files.wav (129 Kb ) fil320242b_9_files.wav (49 Kb ) :tID20242b_1O_files.wav (52 Kb ) iii 320242b_11_files.wav (48 Kb ) ~320242b_12_files.wav (535 Kb ~~320242c_Cfiles.wav (48 Kb )il 320242c_2_files.wav (117 Kb Lfi]320242c_3_files.wav (129 Kb L~ 20242c_4_files.wav (68 Kb ) ~ 320242c_5_files.wav (94 Kb ) ~320242c_6_files.wav (170 Kb ) ,~1320242c_7_files.wav (142 Kb ) ~ 320242c_8_files.wav (141 Kb ) ~320242c_9_files.wav (127 Kb ) fil320242c_1O_files.wav (55 Kb ) iii 320242c_11_files.wav (113 Kb ) iil320242c_12_files.wav (136 Kb LliID20242c_13_files.wav (172 Kb ) ~ 320242c_14_files.wav (127 Kb ) ~320242c_15_files.wav (49 Kb ) 1la1320242c_16_files.wav (142 Kb ) iii 320242c_17_files.wav (283 Kb ) iil320242c_18_files.wav (129 Kb ) ~20242c_19_files.wav (266 KbJ ~ 320242c_20_files.wav (178 Kb ) ~320242c_21_files.wav (56 Kb ) ifal320242c_22_files.wav (67 Kb ) ~ 320242c_23_files.wav (74 Kb ) [~320242c_24_files.wav (53 Kb ) !Ql320242c_25_files.wav (164 Kb )
-----------,
From: Phillips, WPI1rlV· Sent: Friday, Novem Nov,emb'er To: Olivas, Dan Subject: audio/320242

I have the audio completed I have made 3 CD's for you I can meet you at the MPD door by the cafeteria if you would like with . these. I recorded two phone calls and radio traffic until 0345 if you need further let me know.
11-09-12 0246 513 S Baldwin St burglary/shooting MPD 12-320242

This information/date has not been preserved. Audio records are available for 120 days from the date of the incident. This is a digitized recording this is not a precise rendering of what the communicator heard.

weVcdij M. Phillips
Public Safety Communications lAl1!-lC(lUll'tv Bldg. Room 109 vnY-vOUlllY

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CONFIDENTIALIIT NOTICE: The infomlation contained in this email inc1udingattachments is intended for the specific deJi\'cl)' to and use by the individual's to whom it is addressed, and includes information which should be considered as private and confidential. Any review, retransmission, dissemination or taking of any action in reliance upon this infoonation b)' anyone other than the intended recipient is prohibited. If you have received this message in error, please reply to the sender immediately and delete the original message and any copy of it from your computer.

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Message: Officer Involved Shooting

~fficer Involved Shooting From Gloede, Carl Date Friday, November 09, 2012 8:30 AM To Stoklasa, Jane Cc Kosovac, Linda; McClurg, Dave Subject Officer Involved Shooting
Jane, Can you come to the incident command room in the CCB to relieve Kosovac after you get in. Thank you
Carl Gloede Captain of Police: Central District City of Madison Police Department 211 S. Carroll St. Madison, WI 53703

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Message: FW: Officer Involved Shooting
:ilFW: Officer Involved Shooting From Wray, Noble Date Friday, November 09, 20128:41 AM To Gloede, Carl Cc Subject FW: Officer Involved Shooting ~Doc1.doc (25 Kb )
------------~~-------"'--~-,--~

From: DeSpain, Joel

Sent: Friday, November 09, 2012 6:58 AM
To: Wray, Noble Cc: Davenport, John Subject: Officer Involved Shooting
Here Is the release '"

Case # 2012-320242 Call Time: 02:46 Address: 500 block S. Baldwin St. This morning, at 2:46 a.m., the MPD responded to a report of a burglary in progress in the 500 block of S. Baldwin St. Upon arrival, there was a physical confrontation between the officer and the suspected intruder. During the struggle, the officer fired his service weapon and shot the suspected intruder. The suspected intruder is a male in his 30's. He was pronounced dead at the scene. No officers were injured, and there is no ongoing threat to the community. This is an open and active investigation and more information will be released later.

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Message: Amps

~mps
From Gloede, Carl Date Friday, November 09, 20128:51 AM To Davenport, John Cc Genin, Terri Subject Amps
Requesting Amps overtime for members today for Officer involved shooting. Carl Gloede Captain of Police: Central District City of Madison Police Department 211 S. Carroll St. Madison, WI 53703

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Message: FW: audio/320242

iilFW: audio/320242
From Olivas, Dan Date Friday, November 09, 2012 11:40 AM To Esser, Gregory

Cc
Subject FW: audio/320242 ~20242_Cfiles.wav (1156 K~-?3 ~320242_2_files.wav (792 K~J ~320242_3_files.wav (70 Kb ) ~ 320242_4_files.wav (541 Kb ).iJ 20242_5_files.wav (200 Kb ) im320242_6_files.wav (208 Kb ) ~ ) ,iJ 320242_7_files.wav (184 Kb ) :f.l1320242_8_files.wav (779 Kb ) im320242_9_files.wav (199 Kb ) 1m 320242_1O_files.wav (135 Kb ) ~320242a.wav (450 Kb ) fm320242b_1_files.wav (437 Kb ) ~ 320242b_2_files.wav (151 Kb ) m20242b_3_files.wav (71 Kb ) ~20242b_4_files.wav (116 Kb ) ~ 320242b_5_files.wav (229 Kb ) ~320242b_6_files.wav (153 Kb ) J&11320242b_7_files.wav (53 Kb ) is] 320242b_8_files.wav (129 Kb ) m20242b_9_files.wav (49 Kb ) ~320242b_1O_files.wav (52 Kb ) lil 320242b_11_files.wav (48 Kb ) ~320242b_12_files.wav (535 Kb ))iI~1320242c_Cfiles.wav (48 Kb ) ~ 320242c_2_files.wav (117 Kb ) ~320242c_3_files.wav (129 Kb .~320242C_4_files.wav (68 Kb ) lil 320242c_5_files.wav (94 Kb ) ~320242c_6_files.wav (170 Kb)iJ 20242c_7_files.wav (142 Kb ) ~ 320242c_8_files.wav (141 Kb ) 1i1320242c_9_files.wav (127 Kb ) m20242c_1O_files.wav (55 Kb ) ~ 320242c_11_files.wav (113 Kb ) ~20242c_12_files.wav (136 Kb ) fm320242c_13_files.wav (172 Kb ) ~ 320242c_14_files.wav (127 Kb ) ~320242c_15_files.wav (49 Kb ) ~20242c_16_files.wav (142 Kb ) ~ 320242c_17_files.wav (283 Kb ) ~320242c_18_files.wav (129 Kb ) m20242c_19_files.wav (266 Kb)~ 320242c_20_files.wav (178 Kb ) liil320242c_21_files.wav (56 Kb ) liil320242c_22_files.wav (67 Kb ) ~ 320242c_23_files.wav (74 Kb ) g]320242c_24_files.wav (53 Kb ) ifjJ320242c_25_files.wav (164 Kb )

From: Phillips,

IAlo,nrl,,'

Sent: Friday, Nov,ember November
To: Olivas, Dan

Subject: audio/320242

I have the audio completed I have made 3 CD's for you I can meet you at the MPD door by the cafeteria if you would like with these.

I recorded two phone calls and radio traffic until 0345 if you need further let me know.
11-09-12 0246 513 S Baldwin St burglary/shooting MPD 12-320242

This information/date has not been preserved. Audio records are available for 120 days from the date of the incident. This is a digitized recording this is not a precise rendering of what the communicator heard.

wevcd!:J /VI. PhiLlips Public Safety Communications City-County Bldg. Room

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CONFIDENTIALITY NOTICE: The infonnation contained in this email including attachments is intended for the specific deliver}' to and use by the individual's to whom it is addressed, and includes infonnation which should be considered as private and confidential. Any re\iew, retransmission, dissemination or taking of any action in reliance upon ~his information by anyone other than the intended recipient is prohibited. If you have received this message in error, please reply to the sender immediately and delete the original message and any copy of it from your computer.

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Message: FW: Udpated News Release
_~JFW: Udpated News Release
"~~l

From Davenport, John Date Friday, November 09, 2012 11:56 AM To Frei, Dan

Cc
Subject FW: Udpated News Release :ilSaldwin St. Shooting.doc (27 Kb )
Please see attached

From: DeSpain, Joel Sent: Friday, November 09, 2012 11:50 AM To: Davenport, John ec: Wray, Noble Subject: Udpated News Release

(UPDATED RELEASE) The preliminary investigation indicates a woman awoke early this moming after hearing the door to her S. Baldwin St. home opening. She called 911 and reported she could hear someone in the house, and that her husband went to investigate. The Dane County Communications Center dispatched officers to a burglary in progress with the communicator telling officers that the caller could hear someone in the house. The first officer on scene observed two men struggling outside of the home. One of them then engaged in a physical confrontation with the officer. The officer repeatedly ordered the man to get down. During the confrontation the man was shot by the officer. MPD personnel immediately began to perform life-saving measures, and were aided shOltly thereafter by Madison Fire Depal1ment paramedics. Efforts were not successful. Detectives have leamed that the person shot lives in the neighborhood, and was the subject of the burglary in progress call. The officer involved, a IS-year department veteran, has been placed on administrative leave, which is standard protocal for an officer involved shooting. The MPD is currently canvassing the area soliciting information, and anyone with information is encouraged to call the MPD at 266-4418. (ORIGINAL RELEASE) This morning, at 2:46 a.m., the MPD responded to a report of a burglary in progress in the 500 block of S. Baldwin St. Upon arrival, there was a physical confrontation between the officer and the suspected intruder. During the struggle, the officer fired his service weapon and shot the suspected intruder. The suspected intruder is a male in his 30's. He was pronounced dead at the scene. No officers were injured, and there is no ongoing threat to the community. This is an open and active investigation and more information will be released later.

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Message: FW: Amps

~FW: Amps
From Davenport, John Date Friday, November 09, 2012 12: 11 PM To Wray, Noble Cc Subject FW: Amps
Chief, Please see Carl's request John

- _ ...." - -... •...
,,

From: Gloede, Carl Sent: Friday, November 09, 2012 8:51 AM To: Davenport, John Cc: Genin, Terri Subject: Amps Requesting Amps overtime for members today for Officer involved shooting. Carl Gloede Captain of Police: Central District City of Madison Police Department 211 5. Carroll 5t. Madison, WI 53703

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Message: Updated Media release pertaining to this mornings officer involved shooting

~Updated Media release pertaining to this mornings officer involved shooting
From Davenport, John Date Friday, November 09, 2012 12:20 PM To PD GROUP Cc Subject Updated Media release pertaining to this mornings officer involved shooting ~Baldwin St. Shooting.doc.doc (29 Kb ) Please see attached updated media release reference this morning's Officer involved shooting.
Take care & stay safe, John Davenport
----~~----~~~---

..- -

(UPDATED RELEASE) The preliminary investigation indicates a woman awoke early this morning after hearing the door to her S. Baldwin st. home opening. She called 911 and reported she could hear someone in the house, and that her husband went to investigate. The Dane County Communications Center dispatched officers to a burglary in progress with the communicator telling officers that the caller could hear someone in the house. The first officer on scene observed two men strnggling outside of the home. One of them then engaged in a physical confrontation with the officer. The officer repeatedly ordered the man to get down. During the confi'ontation the man was shot by the officer. MPD personnel immediately began to perform life-saving measures, and were aided shOlily thereafter by Madison Fire Department paramedics. Efforts were not successful. Detectives have learned that the person shot lives in the neighborhood, and was the subject of the burglary in progress call. The officer involved, a IS-year department veteran, has been placed on administrative leave, which is standard protocal for an officer involved shooting. The MPD is currently canvassing the area soliciting information, and anyone with information is encouraged to call the MPD at 266-4418. (ORIGINAL RELEASE) This morning, at 2:46 a.m., the MPD responded to a report of a burglary in progress in the 500 block of S. Baldwin St. Upon arrival, there was a physical confrontation between the officer and the suspected intruder. During the strnggle, the officer fired his service weapon and shot the suspected intruder. The suspected intruder is a male in his 30's. He was pronounced dead at the scene. No officers were injured, and there is no ongoing threat to the community. This is an open and active investigation and more information will be released later.

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Message: FW: PSC Open Records Request
ilFW: PSC Open Records Request From Olivas, Dan Date Friday, November 09, 2012 2:25 PM Gloede, Carl To Cc Subject FW: PSC Open Records Request

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From: Phillips, W"nrivl il Sent: Friday, November Nn'vernh.'r To: Olivas, Dan Cc: Williams, Susan Subject: FW: PSC Open Records Request Importance: High Please provide information that will assist our records custodian in the release of this record. or a written letter from your department.

Mon.-Pd. 6:30a.m - 3:30p.m.

CONFIDENTlALIIT NOTICE: The infoffilation contained in this email including attachments is intended for the specific delivcryto and use by the individual's towhOlll it is addressed, and includes infonnation which should be considered as private and confidential. Any review, retransmission, dissemination or taking of any action in reliance upon this information by anyone other than the intended recipient is prohibited. If you have received this message in error, please reply to the sender immediately and delete . the original message and any COpy of it from your computer.

-----Original Message----From: PSC Open Records Request Sent: Friday, November 09, 2012 To: 911Records Cc: Phillips, Wendy Subject: PSC Open Records Request

PSC Open Records Request
Open Records Request
Thank you for your submission! Your request has been successfully received. Request Date: Requestor Name: Requestor Agency: Requestor Address: Requestor Email: 1119/2012 Sam Sorenson NBC 15 615 Forward Drive Madison, WI 53711
news@nbcJ5,cQm

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Requestor Phoue: Defeudant: Incideut Date: Incident Time: Iucident Location: What happened? Responding Agency: CaseNnmber: Audio Recording Requested: CAD Print Requested: Receive Recording via CD: Receive Recording via Email: Comments / Portions I would like copied: We would like any 911 calls this morning regarding with questions, thanks!

608-274-1500

unknown
1119/2012 2:46am 500 Block South Baldwin Street

Officer-involved shooting/burglary call Madison Police
2012-320242

Yes No No No the burglary and officer-involved shooting. Call Sam 274-1500

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Message: RE: Amps

:iRE: Amps From Wray, Noble Date Friday, November 09,20121:12 PM To Davenport, John Cc Genin, Terri; Gloede, Carl Subject RE: Amps

From: Davenport, John

Sent: Friday, November 09, 2012 12:11 PM

To: Wray, Noble
Subject: FW: Amps
Chief, Please see Carl's request John

From: Gloede, carl

Sent: Friday, November 09, 2012 8:51 AM
To: Davenport, John Ce: Genin, Terri Subject: Amps Requesting Amps overtime for members today for Officer involved shooting. Carl Gloede Captain of Police: Central District City of Madison Police Department 211 S. Carroll St. Madison, WI 53703

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Message: RE: Officers pics . rilRE: Officers pics From Gloede, Carl Date Friday, November 09, 20123:35 PM To DeSpain, Joel; Roman, Kristen Cc Davenport, John; Wray, Noble Subject RE: Officers pics
Kristen, When you get in tomorrow and have had a chance to get update by Linda, call both officers, check their status, inquire of any needs they may have and advise them of the pending release for Sunday morning. When the notifi