http://www.jsonline.com/news/crime/126805878.html
Matthew Pekrun has been through a lot since an off-duty Milwaukee police officer shot him three times in 2008.
He’s seen three mistrials on felony charges that he stabbed the officer with a screwdriver. He lost his kidney to the injuries. His father died of Lou Gehrig’s disease. His brother was shot and killed by police in Iowa in June.
On Thursday, a jury in his fourth trial finally brought in some verdicts: not guilty of felony reckless endangerment, but guilty of endangering safety by negligent use of a weapon, a misdemeanor.
The judge noted how the process had changed and perhaps matured Pekrun, 24, and sentenced him to three days in jail, with credit for the same period he spent chained to his hospital bed after he was shot.
“I’ve seen him more than any other defendant,” Milwaukee County Circuit Judge David Hansher said. He noted Pekrun was on time for about 100 court appearances as the case dragged through the three mistrials and was extremely polite.
“That’s a minor thing, but it shows his character. I think he’s turned his life around,” Hansher said.
Some jurors who stayed around for the sentencing said they thought it was a fair outcome. They said a majority first favored acquittal, then conviction, before a detailed breakdown of the elements of the charges led to the guilty verdict on the misdemeanor charge. Deliberations lasted about six hours over two days. The trial began Monday.
“We were concerned it escalated to what it did,” juror Garrett Stangel said.
Rita Kilpatrick and Lauralee Guilbault said they hope the police department learns something from the case.
In the hallway, Kilpatrick suggested that Pekrun seek grief counseling and some physical therapy for his damaged arm. He thanked her.
Suspected prowler
Officer Theodore Puente testified he saw someone looking in his girlfriend’s car about 4 a.m. and went out to confront the prowler. After 20 minutes of searching the neighborhood, he found Pekrun and threw him from a bike before a 10-minute foot chase. Puente pepper-sprayed and pistol-whipped Pekrun before finally shooting him three times after Pekrun wheeled around and stabbed Puente with a screwdriver.
Pekrun told investigators he didn’t know Puente was a police officer and feared for his life when he pulled out the screwdriver in self-defense. Pekrun did not testify at the trial.
Pekrun was hospitalized for nearly three weeks with wounds to his elbow, midsection and middle back. Puente suffered abrasions from the screwdriver but did not seek treatment. Later he was awarded a department medal for valor. Deputy District Attorney Kent Lovern portrayed Puente as a dedicated officer willing to go the extra mile on his own time to address crime in his neighborhood and who tried other levels of force against Pekrun before resorting to firing his gun.
At sentencing, he asked that Pekrun, who admitted to police he was out stealing from cars that night, get some jail time, ongoing supervision and be prohibited from having a gun.
“Mr. Pekrun was in the wrong here,” Lovern said. “I’m not saying it was handled in textbook fashion. But he let it turn into something much more grave.”
Defense Attorney Robin Shellow had argued Puente should have been the one on trial, for attempted murder of her client, and made the case about Puente’s conduct, which she characterized as vigilante justice delivered with excessive force.
At sentencing, Shellow told Hansher she will appeal the conviction because Pekrun may still file a civil rights lawsuit against Puente over the shooting.
