Complaint against officer in Sherman Park shooting surfaces
The Milwaukee police officer who fatally shot an armed man in the Sherman Park neighborhood Aug. 13, sparking violent unrest, has been accused of using a Taser on a man without justification at a gas station in April, according to city records.
A notice of claim alleging “excessive, unreasonable and unjustified force” by Officer Dominique Heaggan, also known as Heaggan-Brown, and his partner, Peter R. Hauser, was filed with the city two days before Heaggan, 24, fatally shotSylville Smith, 23, following a traffic stop.
The excessive force claim, first reported by WITI-TV (Channel 6), alleges that Heaggan and Hauser, both on bicycles, illegally stopped a vehicle near the Sherman Citgo, 4332 W. Capitol Drive, on April 15.
(WITI-TV has not reported the name of the officer. The Journal Sentinel has, based on the widespread distribution of his name on social media and becauseHeaggan's identity will become a part of the public record.)
The passenger in the vehicle, Ronnie R. Martin, 30, told the television station the officers accused him of having drugs. While the driver of the car was in the gas station’s restroom, Martin — who denied having drugs — tried to run. The officers threw him to the ground and used their Tasers on him, he said.
In addition to the claim with the city, Martin told the station he filed a complaint with the City’s Fire and Police Commission on Friday. That was several days after the Journal Sentinel asked the commission for citizen complaints against Heaggan and was told there were none. The commission's executive director, MaryNell Regan, declined to comment on Wednesday, saying any complaints that came in during the last week and a half are open investigations.
A request for the officer’s personnel file, made by the Journal Sentinel in the wake of the shooting, remains pending.
Martin, who could not be reached for this story, was not charged as a result of the incident at the Citgo, according to online court records. His attorney, Brent D. Nistler of Wauwatosa, said Martin disputes police allegations that he resisted or obstructed any officer.
Martin's only drug-related conviction occurred more than 10 years ago. Since then, he has been charged with only criminal traffic infractions.
Two lives, two paths, now tragically intertwined
COMPLETE COVERAGE: Milwaukee Sherman Park turmoil
City Attorney Grant Langley had not reviewed the claim as of Wednesday. A spokesman for the Milwaukee Police Department said he could not comment because litigation is pending.
A notice of claim is a precursor to a lawsuit against the city. The claim opened up a statutory waiting period that gives the city a chance to meet with Martin before he and his attorney file suit. Nistler said Wednesday they are still waiting to hear from the city.
Michael Crivello, president of the Milwaukee Police Association, which represents rank-and-file officers, said he was not aware of the complaint.
However, he noted: “When officers engage in any level of force, it is always preceded by a distinct level of resistive or combative behavior of a perpetrator.”
Martin hopes to recover more than $1 million, according to his notice of claim, which also states that the officers “admitted on video” to harming him.
That statement likely refers to footage from a body camera worn by one of the officers. Martin told the television station the camera was not turned on until after the officers used a Taser on him.
The body camera footage reportedly was not turned over to the attorney for almost four months.
Such footage generally is not released until after an investigation is complete.
Many have asked that the body camera videos of the fatal shooting of Smith be released sooner in the interest of transparency and to quell community unrest, but Wisconsin Attorney General Brad Schimel said earlier this week he will not grant the request. His office is leading the review of Smith's shooting in accordance with a state law that requires outside agencies to lead investigations of officer-involved deaths.
In keeping with past practice, Schimel said the department would not release the videos until the district attorney decides whether to issue charges.
Still, without the video available to the public, speculation has mounted among some residents and activists about what the footage shows, despite Milwaukee Police Chief Edward Flynn's statements that the video captured Smith turning toward Heaggan with a gun in his hand.
That speculation exemplifies the differing perspectives toward police, often determined by race, in Milwaukee. The fact that both men are black has done nothing to ease tensions.
Smith’s funeral is scheduled for Friday.