Case 2023CF001214 Document 2 Filed 07-17-2023 Page 1 of 6

FILED
07-17-2023
Clerk of Circuit Court
Brown County, WI
STATE OF WISCONSIN CIRCUIT COURT BROWN COUNTY
2023CF001214
BRANCH
DA Case No.: 2023BR004792 Honorable Donald R.
Zuidmulder
STATE OF WISCONSIN Assigned DA/ADA: J. Foss Davis
Plaintiff, Agency Case No.: 23-238631 Branch 1
Court Case No.: 2023CF
vs. ATN:

JAHIR DE-LA-PENA-RODRIGUEZ
1373 Klaus Street CRIMINAL COMPLAINT
Green Bay, WI 54302
DOB: 02/14/2003
Sex/Race: M/H
Eye Color: Brown
Hair Color: Brown
Height: 5 ft 10 in
Weight: 150 lbs
Alias:
Defendant. For Official Use

Complainant, J. Foss Davis, an Assistant District Attorney, being first duly sworn on oath,
deposes and says that:

Count 1: ATTEMPTED FIRST DEGREE INTENTIONAL HOMICIDE, USE OF A

DANGEROUS WEAPON

The above-named defendant on or about Sunday, July 16, 2023, in the City of Green Bay,
Brown County, Wisconsin, attempted to cause the death of GAG, with intent to kill that person,
contrary to sec. 940.01(1)(a), 939.32, 939.63(1)(a) Wis. Stats., a Class B Felony, and upon
conviction may be sentenced to a term of imprisonment not to exceed sixty (60) years.

And further, invoking the provisions of sec. 939.63(1)(a) Wis. Stats., because the defendant
committed this crime while using a dangerous weapon, the maximum term of imprisonment
may be increased by not more than 6 months.

Count 2: RESISTING AN OFFICER

The above-named defendant on or about Sunday, July 16, 2023, in the City of Green Bay,
Brown County, Wisconsin, did knowingly resist an officer, while such officer was doing an act
in an official capacity and with lawful authority, contrary to sec. 946.41(1) Wis. Stats., a Class
A Misdemeanor, and upon conviction may be fined not more than Ten Thousand Dollars
($10,000), or imprisoned not more than nine (9) months, or both.

Complainant is an Assistant District Attorney with the Brown County District Attorney’s Office
and knows of the above offense(s) on information and belief based upon:

PROBABLE CAUSE:

07/17/2023
 Case 2023CF001214 Document 2 Filed 07-17-2023 Page 2 of 6

STATE OF WISCONSIN - VS - Jahir De-La-Pena-Rodriguez

The complainant, being duly sworn on oath, swears that he has had the opportunity to review
the police reports from Officer Johnson of the Green Bay Police Department, and other
documents supporting this complaint referenced herein, which are the types of reports and
documents kept in the ordinary course of business, which complainant believes to be truthful
and reliable because they have proven to be truthful and reliable on numerous occasions in
the past.

The complainant further asserts that based upon his/her review of the referenced reports
and/or supporting documents, the incidents alleged occurred in Green Bay, Brown County,
Wisconsin.

1. Complainant has reviewed the report of Officers Johnson, Trimberger and Patino which
states, in part:

“On 7/16/2023, I, Officer D. Johnson manning unit 3D1, was working patrol dressed in a full
uniform and operating a fully marked police vehicle for the City of Green Bay Police
Department. At or around 2:51 AM, a call was dispatched out to [a residence on] Klaus St for a
female caller reporting that a physical disturbance was taking place between the callers
boyfriend and the callers brother. The call notes advised the reporting was being done using
an interpreter and shortly after the physical disturbance note, a new dispatch note was added
to the call making a correction to the initial report that the callers brother stabbed the callers
boyfriend.

As I was approaching the address, traveling north bound on N Baird from Eastman Av, a
female ran out into the street from the trailer park entrance at 1400 N Baird. The female, later
identified as CDR (an adult female), appeared to be in distress and frantic holding a phone. I
exited my vehicle and observed CDR pointing towards the grass near the 1400 N Baird trailer
park entrance, this is when I saw a shirtless male/Hispanic with a large amount of a red
substance covering his body standing and appearing to be holding his hand over a his neck. I
motioned for CDR and the male, later identified as GAG (an adult male), to come to the cover
of my vehicle to get out of sight of the call address. Officer Doepke, who arrived shortly after I
arrived, was already outside of his vehicle and preparing medical supplies. I had GAG remove
his hand from his neck where I observed a cut on the left side of his neck, with blood coming
out of it. Officer Doepke applied a bandage to GAG's neck and I advised the ambulance that
had been staged at a different intersection to head to my location for GAG. An ambulance
arrived shortly after and GAG was taken to St. Vincent's hospital.

I then began speaking to CDR, utilizing LanguageLine employee ID #383361, all of my

communication with CDR pertinent to the investigation was done through LanguageLine. CDR
advised that she was not injured in anyway. I then asked CDR to tell me what happened and
CDR advised me of the following: CDR along with her brother Jahir De La Pena Rodriguez
(DOB 2/14/2003) and her boyfriend GAG were all at the call address with CDR saying her
brother was very drunk. CDR said Jahir and GAG then began arguing and fighting in the
bedroom with the fight ending with Jahir stabbing GAG. CDR advised that she did see the
"stabbing" happen. CDR said she ran out of the house calling the police and GAG ran out after
her.

07/17/2023 2
 Case 2023CF001214 Document 2 Filed 07-17-2023 Page 3 of 6

STATE OF WISCONSIN - VS - Jahir De-La-Pena-Rodriguez

I transported CDR to St. Vincent's hospital where I utilized LanguageLine again, this time with
ID #366375, to collect a written statement of what CDR had seen happen. CDR's statement
was similar to the preliminary verbal statement she made at the scene but went into more
detail. CDR advised that she GAG and Jahir had all been at La Cueva drinking earlier in the
night on 7/15/2023 into the morning hours of 7/16. CDR said Jahir got very intoxicated while at
the bar and got into a fight with another unknown male inside the bar. CDR said GAG had to
intervene and break up the fight and decided it was best to go home. CDR said all three of
them, CDR, GAG, and Jahir returned to their home at [a residence on] Klaus St. CDR said
when they got home, she and GAG were in their room when Jahir entered their bedroom
upset. CDR said Jahir began saying that CDR and GAG embarrassed Jahir at the bar and that
they do not respect him. CDR said GAG replied back to Jahir saying that GAG was not going
to allow Jahir to say those things while living in their house. CDR noted that Jahir was not
making much sense, saying this was due to his high level of intoxication and that Jahir may
have consumed some sort of narcotics earlier but was unsure. CDR then said GAG and Jahir
then began physically fighting each other, describing that they were both punching each other
and pulling each others hair. CDR said she told both of GAG and Jahir to stop, saying she was
going to call the police if they did not. CDR said Jahir then left the bedroom and into the
kitchen. CDR said she closed the door in hopes to stop the disturbance, but Jahir returned to
the bedroom pushing his way into the room. CDR said she saw that Jahir had a knife in his
hand, describing it as a white knife. CDR said that Jahir then started towards GAG with the
knife and stabbed GAG. CDR said she saw GAG fall to the ground and she ran out of the
house calling the police. CDR said shortly after she exited the house GAG came out of the
house as well.”

2. Complainant has reviewed the report of Sgt. Trimberger, which states, in part:

“On July 16, 2023 at approximately 0251 hours I, Sgt Trimberger, while working as a
uniformed patrol supervisor for the Green Bay Police Department as unit 484S in the City of
Green Bay, County of Brown, was dispatched to [a residence on] Klaus St in the City of Green
Bay reference a possible disturbance. Dispatched advised that two males were fighting,
possibly in the basement of the residence. While I was en route to the call, dispatch provided
an update indicating that one male had been stabbed. Dispatch further indicated that the
complainant 's brother had stabbed the complainant's boyfriend. The brother was described as
a Hispanic male with no shirt, possibly armed with a kitchen knife, and that he may have still
been in the house. The complainant and her boyfriend were outside. The complainant and her
boyfriend were later identified as CDR and GAG, respectively. CDR 's brother was later
identified as JAHIR DE LA PENA RODRIGUEZ (M/H, 02-14-2003) .

As I turned the corner I observed a Hispanic male with no shirt pacing near the northeast
corner of the house. As soon as he saw me he turned and sprinted towards the alley that ran
east and west between N Baird St and N Irwin Av, north of Klaus St. I immediately believed
this male to be the suspect. I gave him numerous commands to stop and announced myself as
the police. The male continued to run west down the alley. I called this out over the radio, and I
could also see that he had what appeared to be an object in either his back pocket or his
waistband. This object had a white handle and appeared to be a large knife. As the male ran I
observed him shed an article of clothing that he had draped over his shoulders, which I later
learned was a pair of black jeans. I followed the male west down the alley several hundred
feet, calling out on the radio. I heard a squad car approaching behind me and stepped off to

07/17/2023 3
 Case 2023CF001214 Document 2 Filed 07-17-2023 Page 4 of 6

STATE OF WISCONSIN - VS - Jahir De-La-Pena-Rodriguez

the side, as I had just heard that Officer Clark and his K9 partner Roco were close by. I
observed them drive past me toward the subject.

Just before a large steel building at the end of the alley, I observed the subject attempt to turn
north but he fell to the ground. As he got back up, Officer Clark parked his squad. I heard him
yell "door pop! " This indicated to me that he was about to release Roco from the squad to
assist in apprehending the male. I observed Officer Clark and Roco follow the male to the
north. As I got to their location, which was on the north side the steel building at the west end
of the alley, I observed K9 Roco biting the male on the back near his right shoulder. I heard
Officer Clark order the male to stop reaching for the knife or he would be shot. I observed the
male twisting and turning on the ground, further resisting efforts to take him into custody, and
he was reaching behind his back. I was able grab ahold of the male 's left arm as he was on
his stomach, and with my right hand I removed the knife from his back left pocket. The knife
was a butcher knife. I tossed the knife behind us, well out of reach. It was later collected by
Officer Skeens. Immediately after this Officer Clark removed Roco, and another Officer
secured the male 's right arm. I placed the male in handcuffs, advised dispatch and other units
what had happened, and requested an ambulance for the male. I later learned that this male
was in fact Jahir, the suspect, and he remained uncooperative with Officers by threatening
their safety.”

3. Complainant has reviewed the report of Ofc. Patino, which states, in part:

“On July 16th, 2023, I Officer Patino was in full uniform was in full uniform and working for the
city of Green Bay, Wisconsin in the County of Brown. At approximately 2:30am I responded
lights and sirens to a weapons call at [a residence on] Klaus. Dispatch noted indicated that a
male had been stabbed. As I was en route to the call I heard officers over the radio call out
with the male suspect who was running from the residence with the knife around his waist
band. As I was arriving on scene, I heard that the male suspect had been bit by a K9 near the
ally way between Berner street and Vanderbraak. I parked my squad near the ally and ran
towards other officers squad cars. As I arrived to the other officers, I heard them call out that
the male was in custody. I met with other officers that mentioned that the male did not speak
any English and I was needed for translation. I attempted to identify the male he originally told
me, that his name was Jair De la Pena DOB 02/14/2003. We where later able to identify the
male as Jahir De la Pena Rodriguez 02/14/2003. I spoke with Jahir who was clearly agitated
about the incident while we waited for rescue to arrive on seen. Jahir made several excited
utterances about the incident. Jahir stated that he did it to protect his sister as his sister was in
danger that the boyfriend was hitting her. He also stated that the boyfriend punched him and
he did it to defend himself.

Rescue arrived on scene and transported Jahir to Aurora Baycare medical Center(ABC). I rode
in the back of the Green Bay Metro ambulance to maintain custody of Jahir. While enroute to
ABC Jahir several more excited utterances regarding the incident. I did not ask him any
questions regarding the incident these statements were made voluntarily. Jahir stated again
that "he was going to kill that son of a bitch " and that his sister was in danger.

AMC ER staff attempted to provide medical treatment to his injuries on his right shoulder and
right rib and abdomen area. Jahir refused any medical treatment and again began several
excited utterances about the incident to the staff members. Jahir stated that his sister's
boyfriend attacked him and grabbed a knife, put in his back pocket, Jahir then stated that he

07/17/2023 4
 Case 2023CF001214 Document 2 Filed 07-17-2023 Page 5 of 6

STATE OF WISCONSIN - VS - Jahir De-La-Pena-Rodriguez

went to the kitchen to grab a knife and he began to get in a fight with her boyfriend. He stated
to the staff he was going to kill that son of a bitch.”

4. Complainant has reviewed a summary of a statement made by GAG to Ofc. Armstrong,

which states, in part:

“On 7/16/2023 at approximately 2:30am GAG and CDR were in their bedroom after just getting
home from La Cueva. CDR 's brother (Jahir) was drunk and entered the bedroom and told
GAG he was going to punch him. Jahir continued to shout at GAG that he wanted to punch
him and that he was going to beat him up. GAG told him to leave the bedroom and that's when
Jahir lunged at GAG and bear hugged him. Jahir then tackled GAG to the ground and while
GAG was laying on his back with Jahir on his knees to GAG 's side Jahir started to strike GAG
on his forehead, neck, behind the ear, and on the mouth with a closed fist which did cause
GAG pain. GAG attempted to stand up and get away by pulling Jahir 's hair and with a closed
fist punched him approximately 3-4 times in the face/head area which did allow him to stand up
and create some distance between Jahir. Jahir ran out of the bedroom with CDR following him
while GAG stayed in the room. GAG heard CDR shouting that the Jahir had a knife and to not
allow him into the room. GAG 's bedroom doesn't have a door for itself but the door to get into
the apartment does block the bedroom entrance when open, so GAG grabbed that door and
pulled it blocking the bedroom entrance. Jahir approached the door and GAG believes that
Jahir was trying to pull the door open but wasn't sure exactly how because he couldn't see him
and while he was trying to hold the door closed with his right hand, he was trying to call 911
with his left hand. The door was opened after approximately 8-10 seconds. GAG saw that Jahir
had a knife that GAG estimated to be approximately 10 inches long from the end of the handle
to the tip of the blade with a white plastic type handle. Jahir was saying that he was going to
kill GAG as he entered the room. Jahir lunged towards GAG with the knife in his right hand and
directed a quick jab at GAG which did make contact with GAG 's lower neck area. GAG was
backing up while Jahir lunged at him and ended up falling backwards onto his back. GAG told
Jahir to stop and look what he's done while CDR was able to run from the house and get
outside. Jahir started to follow CDR however turned back and went into the living room. With
Jahir in the living room GAG stood up and made his way to the stairs to exit the home as well.
As GAG got to the platform that is halfway down the stairs he looked back and saw Jahir
chasing him. In his attempt to escape GAG fell down the stairs but was able to stand up and
make it out of the home and go to CDR. Jahir came outside and shouted for them to come
back inside however they ran down the road approximately one block and hid while Jahir went
back inside. CDR was able to call 911 and once police arrived on scene, she waved down
officers. Jahir was wearing darker colored jeans with no shirt during this incident. GAG did not
consent to being physically harmed in anyway.”

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

07/17/2023 5
 Case 2023CF001214 Document 2 Filed 07-17-2023 Page 6 of 6

STATE OF WISCONSIN - VS - Jahir De-La-Pena-Rodriguez

Subscribed and sworn to before me on Electronically Signed By:
07/17/23 J. Foss Davis
Electronically Signed By: Complainant
Kimberly A Hardtke
Assistant District Attorney
State Bar #: 1087991

07/17/2023 6