Cases Won – Felon in Possession of Firearm, Failure to Cooperate with Police (AE)

RESULTS:  Revocation Beat!  DOC Failed to Prove Violations – Client Released!   A final revocation hearing was held and eyewitness testimony was taken from several Milwaukee police officers.  Sydne argued that there was no physical evidence directly tying Client to the firearm or large sum of cash police claim Client had tossed from his pockets as they arrived at the scene where shots had been fired.  The Administrative Law Judge (ALJ) agreed and ruled that the DOC failed to prove their case. Client was released soon after.

Violations: Felon in Possession of Firearm, Failure to Cooperate with Police.  Client had been revoked on 3 prior occasions.  Client was on supervision in 4 different felony convictions.  Three of the convictions involved drug charges (Cocaine); the 4^th conviction involved possession of a firearm and fleeing law enforcement officers.  Specifically, the convictions were for:

   Possession With Intent to Distribute (PWID) Cocaine
   Manufacture / Deliver Cocaine
   Possession of Firearm by Felon
   Flee Elude Police
   Possession of Cocaine

Current violations alleged were similar to the charges in prior convictions.  Police responded to an area in Milwaukee to investigate a ShotSpotter alert, which detected 6 gunshots fired.  (ShotSpotter is a network of acoustic sensors with technology to detect location of gunfire.) Officers arrived at the ShotSpotter location and observed 5 males gathering in the street.  Officers ordered all 5 individuals to stop moving.  Client kept walking after the order to stop was given.  Police gave a 2^nd order to Client to stop moving.  Client was then observed by police pulling a “dark object” from his pocket and tossing it toward a nearby house.  At the same time, Police also saw a large sum of cash fall from Client’s pocket.  Police later found a firearm in the same spot the dark object landed.

Sydne argued there was no physical evidence directly tying Client to the gun or cash.  No DNA, No Prints were found on either of these.  Through testimony from a private investigator, Sydne was able to prove it was physically impossible for the “dark object” to land under the stairs of a nearby house where the gun was later found.  She also proved the gun had not been fired, and convinced the ALJ that the gun was most likely already there before this incident occurred.  The ALJ ruled there was insufficient evidence to prove the alleged rules violations and ordered Client released.