CIRCUIT COURT. Court Case No.: THE ABOVE NAMED COMPLAINING WITNESS BEING DULY SWORN, ON INFORMATION AND BELIEF STATES THAT:

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1 STATE OF WISCONSIN CIRCUIT COURT CRIMINAL DIVISION MILWAUKEE COUNTY CRIMINAL COMPLAINT STATE OF WISCONSIN Peters, Anthony J 2664 S 9th St Milwaukee, WI DOB: 03/30/1989 vs. Plaintiff, Defendant, DA Case No.:2009ML Complaining Witness: Sgt. William Schuk Court Case No.: THE ABOVE NAMED COMPLAINING WITNESS BEING DULY SWORN, ON INFORMATION AND BELIEF STATES THAT: Count 1: DISORDERLY CONDUCT The above-named defendant on August 15, 2009, at or near 8700 W Orchard St, in the City of West Allis, Milwaukee County, Wisconsin, while in a public place, did engage in abusive conduct, under circumstances in which such conduct tended to cause a disturbance, contrary to sec , (3)(b) Wis. Stats. Upon conviction for this offense, a Class B Misdemeanor, the defendant may be fined not more than One Thousand Dollars ($1,000), or imprisoned not more than ninety (90) days, or both. Count 2: THEFT FROM PERSON The above-named defendant on August 15, 2009, at or near 8700 W Orchard St in the City of West Allis, Milwaukee County, Wisconsin, did intentionally take and carry away movable property from the person of Thomas M Barrett, the owner, without consent, and with intent to deprive the owner permanently of possession of such property, contrary to sec (1)(a) and (3)(e), (3)(g) Wis. Stats. Upon conviction for this offense, a Class G Felony, the defendant may be fined not more than Twenty Five Thousand Dollars ($25,000), or imprisoned not more than ten (10) years, or both. Count 3: FIRST DEGREE RECKLESS INJURY, USE OF A DANGEROUS WEAPON The above-named defendant on August 15, 2009, at or near 8700 W Orchard St., in the City of West Allis, Milwaukee County, Wisconsin, while using a dangerous weapon, did recklessly cause great bodily harm to Thomas M Barrett, another human being, under circumstances which showed utter disregard for human life, contrary to sec (1)(a), (3)(d), (1)(b) Wis. Stats. Upon conviction for this offense, a Class D Felony, the defendant may be fined not more than One Hundred Thousand Dollars ($100,000), or imprisoned not more than twenty five (25) years, or both.

2 Anthony J Peters, DOB: 03/30/1989 Page 2 of 5 And further, invoking the provisions of sec (1)(b) Wis. Stats., because the defendant committed this offense while using a dangerous weapon, the maximum term of imprisonment for the felony may be increased by not more than 5 years. Count 4: BAIL JUMPING (MISDEMEANOR) The above-named defendant on August 15, 2009, at or near 8700 W Orchard St, in the City of West Allis, Milwaukee County, Wisconsin, having been charged with a misdemeanor and released from custody under Chapter 969 of the Wisconsin Statutes, did intentionally fail to comply with the terms of his bond, contrary to sec (1)(a), (3)(a) Wis. Stats. Upon conviction for this offense, a Class A Misdemeanor, the defendant may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than nine (9) months, or both. I am a City of West Allis Police Officer. This complaint is based on information and belief based on police reports prepared by fellow City of West Allis Police Officers and by City of Milwaukee Police Officers. These reports reveal that: On August 15, 2009, at approximately 10:45 p.m., City of West Allis Police Officers were sent to the area near the 8800 block of West Orchard Street, in the City of West Allis, Milwaukee County, Wisconsin for a call for a person being beaten. At or near 8710 West Orchard Street, City of West Allis Police Detective Timothy Stein saw Mr. Thomas Barrett (an adult) laying on the sidewalk with a large amount of blood pooling near his head. Mr. Barrett was conscious and appeared to be in a great deal of pain. Detective Stein and City of West Allis Police Officer Charles Clark spoke with Mr. Barrett. Mr. Barrett was very soft spoken and his physical condition appeared to be deteriorating. Mr. Barrett said that he felt he was going to pass out. Detective Stein could see that Mr. Barrett had visible injuries including: a laceration to the left rear side of his head; a laceration to his upper lip; and a severe laceration to the top of his right hand that appeared to include an open fracture. Mr. Barrett told Detective Stein that he may also be missing at least 2 teeth. The West Allis Fire Department arrived at the scene and began treating Mr. Barrett. Mr. Barrett was transported to Froedtert Hospital. Later that night, Officer Clark spoke with Dr. Tomer Begaz. Dr. Begaz explained that, among other injuries, Mr. Barrett had an open fracture to the 2 nd and 3 rd Metacarpal bone and the 2 nd Phalynx bond in his right hand. Dr. Begaz explained that an open fracture meant that the bone was protruding through Mr. Barrett s skin. On August 15, 2009, City of West Allis Police Officer Brandon Hurley spoke with Ms. Ellen Sabady (an adult). Ms. Sabady lives at 8725 West Orchard Street. On August 15, she was baby sitting her 1 year old grandchild, S.P. Defendant Anthony Peters is S.P. s father. Ms. Sabady s daughter is S.P. s mother. Earlier in the evening, Ms. Sabady received a telephone call from defendant Anthony Peters in which he said he was coming to the her house. She left the house with S.P. because defendant Anthony Peters had previously made threats to Ms. Sabady s daughter and S.P.

3 Anthony J Peters, DOB: 03/30/1989 Page 3 of 5 Ms. Sabady returned to the area at approximately 10:30 p.m and parked her car. She immediately saw defendant Anthony Peters standing next to the drivers door. Defendant Anthony Peters opened the drivers door and demanded to know where Ms. Sabady s daughter was. Ms. Sabady could smell the odor of alcohol. Defendant Anthony Peters said, Please let me have my daughter. Don t make me start shooting. Don t make me shoot myself in front of my daughter. Defendant Anthony Peters kept putting his hand on a bulge on his left hip. Ms. Sabady believe the bulge was a knife or a gun. Ms. Sabady began to call 911. Defendant Anthony Peters grabbed Ms. Sabady s right wrist and threatened to break it if she did not give him the telephone. As he did so, defendant Anthony Peters twisted Ms. Sabady s wrist, causing pain. Ms. Sabady gave defendant Anthony Peters her cell phone and he broke it in half. Ms. Sabady did not give defendant Anthony Peters permission to break her cell phone or to cause her pain. Ms. Sabady honked her horn to get the attention of others in the area. Defendant Anthony Peters yelled for her to stop or he would start shooting. Defendant Anthony Peters opened the rear drivers side door and attempted to remove S.P. from the car. Ms. Sabady grabbed S.P. and exited the car through the front passengers door. She started running and yelling for someone to call 911. Ms. Sabady ran into a neighbor s home. On August 15, 2009, City of West Allis Police Officer Rebekah Hildebrandt spoke with Ms. Moira Flood (an adult). Moira flood explained that she, Elizabeth Flood, Mr. Barrett and two of Mr. Barrett s daughters (E.B. and K.B) were walking west on West Orchard Street from the State Fair to their car. She saw a woman with blond hair and a man she subsequently identified as defendant Anthony Peters standing by the open passengers door of a car. They appeared to be arguing. Moira Flood heard defendant Anthony Peters say, let me hold my daughter let me hold my baby you know I m going to jail bitch let me hold my baby. When the woman saw them walking she asked them to call the police. Mr. Barrett dialed 911. As he did so, defendant Anthony Peters became irate and charged Mr. Barrett. Defendant Anthony Peters was swearing and demanding that Mr. Barrett hang up the phone. Mr. Barrett tried to calm defendant Anthony Peters down. Defendant Anthony Peters yelled that he was going to shoot several times. Defendant Anthony Peters approached Mr. Barrett and swatted the phone from Mr. Barrett s hand. Defendant Anthony Peters punched Mr. Barrett twice in the face and once in the stomach. Mr. Barrett punched defendant Anthony Peters in the face. Moira Flood saw defendant Anthony Peters pull a club or baton out of his pocket and continue to threaten to kill or shoot Mr. Barrett. Moira flood then saw defendant Anthony Peters strike Mr. Barrett with the club on the back/side of Mr. Barrett s head. When Mr. Barrett fell to the ground, defendant Anthony Peters continued to strike him in the face and head with the club. Moira Flood believed that defendant Anthony Peters struck Mr. Barrett approximately six times while Mr. Barrett was on the ground. Moira Flood called 911 and defendant Anthony Peters ran. A search of the area by the West Allis Police Department resulted in the recovery of Mr. Barrett s cell phone in a small swimming pool behind 8725 West Orchard.

4 Anthony J Peters, DOB: 03/30/1989 Page 4 of 5 The search of the area also resulted in the recovery of an approximately 18 inch Chrysler brand tire iron/crowbar. The tire iron/crowbar contains an approximately 4 inch folding hexagonal lug wrench. The tire iron/crowbar also contained what appeared to be remnants of blood and gray hair. The tire iron/crowbar was recovered in a garbage dumpster at 8719 West Lapham Street. On August 16, 2009, Detective Stein spoke with Mr. Thomas Barrett at Froedtert Hospital. Mr. Barrett explained that on August 15, he had been at the Stat Fair with two of his daughter, his sister (Elizabeth Flood) and his niece (Moira Flood). They were walking back to their car that was parked in the area of 88 th and West Orchard Street. He heard someone yelling for help or to call 911. He did not know what the specific problem was but saw a woman with a small child standing on the sidewalk near a car. He thought there may have been a medical emergency with the child. He began to call 911 from his cell phone. All of a sudden a man he subsequently identified as defendant Anthony Peters began yelling at him to mind his own fucking business. Defendant Anthony Peters began walking toward him in a threatening manner. He told defendant Anthony Peters that he was just trying to help. He saw an object that could have been a gun underneath defendant Anthony Peters shirt. Defendant Anthony Peters said, I should shoot you and then myself. Mr. Barrett began to fear for his life. Defendant Anthony Peters told Mr. Barrett to lay face down on the ground. Mr. Barrett s believed defendant Anthony Peters was going to kill him and that he had to defend himself. Mr. Barrett punched defendant Anthony Peters. Mr. Barrett could not remember what happened after that and could not explain how he was injured. Mr. Barrett explained that he had lost two teeth and a third tooth was severely chipped. He also indicated that he had already had surgery on his right hand. He had been told that he would need several additional surgeries on his right hand. He was concerned that his right hand would be permanently damaged. He also received several stitches to his left upper lip and to the left rear side of his head. Detective Stein counted 11 staples that had been used to close the wound on Mr. Barrett s head. I am informed and believe that Mr. Barrett did not consent to defendant Anthony Peters taking his cell phone or causing the injuries described above. On August 16, 2009, City of Milwaukee Police Detectives Dale Bormann and Pat Pajot advised defendant Anthony Peters of his constitutional rights after which defendant Anthony Peters explained that he was trying to visit his daughter, S.P. His daughter lives at South 87 th Street and West Orchard with S.P. s mother and grandmother. Defendant Anthony Peters said he had been drinking that night. No one was home at the house where S.P. lives. He walked down the driveway and saw that S.P. s grandmother was arriving at the house. He got into an argument with S.P. s grandmother. He took the grandmother s cell phone from her. She began yelling for someone to call the police. He saw a man that he now knows was Mr. Barrett, about 30 or 40 feet away. He saw Mr. Barrett with a phone to his ear. He began to run toward Mr. Barrett. He said, Why the fuck are you calling the police? He snatched the phone from Mr. Barrett s hands. Mr. Barrett punched him once in the face. Mr. Barrett did not identify himself as the Mayor of Milwaukee. Defendant Anthony Peters explained that he had a tire iron/crowbar under his shirt. He was carrying the tire iron/crowbar so he could break the windows on the car that belonged to S.P. s mother.

5 Anthony J Peters, DOB: 03/30/1989 Page 5 of 5 He took the tire iron/crowbar out and hit Mr. Barrett in the head. Mr. Barrett fell to the ground. He freaked out on Mr. Barrett. He hit Mr. Barrett a couple more times while he was on the ground. He believed he hit Mr. Barrett in the head once while Mr. Barrett was standing and two or three more times while he was on the ground. He explained that he then ran. He had Mr. Barrett s cell phone and the cell phone that belonged to S.P. s grandmother. He broke both cell phones and threw them away. He threw the tire iron/crowbar somewhere but did not know where exactly. I have reviewed documents in connection with State of Wisconsin v. Anthony Peters, Milwaukee County Circuit Court case number 08-CM These documents reveal that on April 18, 2009, defendant Anthony Peters was charged with the misdemeanor offense of Disorderly Conduct in violation of Wisconsin Statute Case 08-CM-2459 is currently open. These documents reveal that on June 16, 2009 defendant Anthony Peters was released from custody after signing a Bail/Bond form and posting $100 cash bail. Two of the conditions of defendant Anthony Peters bail in case 08-CM-2459 are that the Defendant shall appear on all court dates and that the Defendant shall not commit any crime. These documents reveal that defendant Anthony failed to appear in court on June 30, Defendant Anthony Peters has intentionally violated the conditions of his release in case 08-CM-2459 by failing to appear for a court date and by committing the crimes charged above. Certified copies of the criminal complaint, bail bond and judgment roll in case 08-CM-2459 are attached to and incorporated in this complaint. I have also reviewed documents in connection with State of Wisconsin v. Anthony Peters, Milwaukee County Circuit Court case number 08-CM These documents reveal that on October 15, 2008, defendant Anthony Peters was charged with the misdemeanor offense of Bail Jumping in violation of Wisconsin Statute (1)(a). Case 08-CM-6677 is currently open. These documents reveal that on June 16, 2009 defendant Anthony Peters was released from custody after signing a Bail/Bond form and posting $100 cash bail. Two of the conditions of defendant Anthony Peters bail in case 08-CM-6677 are that the Defendant shall appear on all court dates and that the Defendant shall not commit any crime. These documents reveal that defendant Anthony failed to appear in court on June 30, Defendant Anthony Peters has intentionally violated the conditions of his release in case 08-CM-6677 by failing to appear for a court date and by committing the crimes charged above. Certified copies of the criminal complaint, bail bond and judgment roll in case 08-CM-6677 are attached to and incorporated in this complaint. ****End of Complaint**** Subscribed and sworn to before me and approved for filing this 20 th day of August, Mark A. Sanders Assistant District Attorney State Bar number Complaining Witness MAS -- Felony Complaint --