Civil rights attorney condemns fake arrests in Wauwatosa
He was never arrested. Never handcuffed. Never charged. Still, Wauwatosa police say they arrested State Representative David Bowen (D-Milwaukee) last fall. Bowen says that never happened. Now he and his lawyer are calling on the police to apologize.
WAUWATOSA, Wis. – – He was never arrested. Never handcuffed. Never charged. Still, Wauwatosa police said they “arrested” State Representative David Bowen (D-Milwaukee) last fall. Bowen says that never happened. Now he and his lawyer are calling on the police to apologize.
The controversy dates back to late summer and early autumn when protesters routinely marched through the streets of Wauwatosa. Rep. David Bowen was with them on more than one occasion.
“I go to protests against Black Lives Matter to ensure that citizens and their right to protest are respected and treated fairly,” Bowen said.
One night Bowen marched alongside Khalil Coleman, a leader of the self-proclaimed “People’s Revolution,” which the Wauwatosa police then described as “increasingly disordered, agitated and sometimes violent.”
Coleman was reportedly arrested in Kentucky on Tuesday, February 16, for attempting to rob a drug house. But Bowen insists that his own record is squeaky clean.
“I’ve never been arrested in my life,” Bowen said. “I had never been booked into a police station in my life.”
The police car video released by the Wauwatosa police this week shows Representative Bowen marching with a small group of protesters on Lefeber Avenue shortly after 9 p.m. on September 17. Just minutes earlier, police announced through outside spokesmen that the group had been declared “at” an illegal gathering. “The officers gave participants three minutes to leave the area or face an arrest. After three minutes had passed, an official made the same announcement, but this time stated, “You have run out of time.” Nevertheless, the demonstrators marched on.
At 9:04 pm, an officer glared at others, “Identify people. Name them so we can identify them and give out quotes later.”
According to a police report released last month, officers recognized Representative Bowen both on the spot and while reviewing the police car video. Based on that identification alone, they decided to refer him to the Milwaukee County Prosecutor’s Office for an illegal assembly misconduct. The department later reversed course and dropped the referral.
However, the notation that Representative Bowen had been “arrested” was retained in the incident report. They even assigned it a booking number. But Bowen was never arrested or booked.
“A booking number usually means you’ve gone to the police department or jail,” said Kimberley Motley, a civil rights attorney who is representing Bowen on the matter.
Motley calls the police report a “false arrest”.
“It’s bad enough that people of color in Wauwatosa town who have been stopped by the police have to worry about real arrests,” Motley said. “Now people of color have to worry about these ghost arrests.”
Motley also accused the Wauwatosa police of engaging in similar behavior with dozens of others.
“It’s corruption,” said Motley. “Period.”
When the Wauwatosa Police Department published more than 500 pages of reports of protest-related incidents and arrest records in January, those records identified 73 different people as “arrested”. – some more than once. But Motley said she had identified more than 40 who – like Bowen – were never physically detained despite the “arrest” mentioned in the report. Many are also assigned booking numbers.
“It looks extremely similar to real arrests that have taken place on certain people,” Motley said.
The problem, according to Motely and Bowen, is that these notes in the police agency’s record keeping system could affect how these people are treated or perceived later.
“These records are released when people are run over,” Bowen said.
Last week Motley wrote a certified letter to the Wauwatosa Police Department asking for a public apology.
“I don’t have an answer from you yet,” Motley said during an interview with FOX6 investigators on Thursday, February 18th.
Wauwatosa Police Chief Barry Weber declined a request for an on-camera interview. In an email to FOX6 News, a department spokesman wrote:
“If Wawautosa Police Department officials issue a non-traffic quote or refer someone to the Milwaukee District Attorney to review charges, they will be listed as” Arrested “on the incident report.”
The email indicates that this status is “administrative and procedural” but “will not be shared or reported to any other agency or organization that maintains arrest data unless the subject has been physically arrested and processed” or “in.” Taken into custody “.
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That statement is not good enough for Mr Bowen.
“These are very dangerous allegations to find someone who is in a leadership position and who is black!” Said Bowen.
Motley said she wanted accountability.
“This is another potential lawsuit against the city of Wauwatosa,” Motley said.
Full statement from the Wauwatosa Police Department
If Wauwatosa Police Department officials issue a non-traffic quote or refer someone to the Milwaukee County Attorney’s Office to review charges, they will be listed as “Arrested” on the incident report. This status is administrative and procedural. A sub-category in the “arrest record” indicates whether the subject has been physically arrested and handled (on-site arrest), summoned / cited (not handled), referred for “prosecution review”, or “detained”.
For example, officials take a report of disorderly behavior in which they clearly identify the actor as “John Doe”. Officials are unable to physically locate “John Doe” to effect an arrest, but determine that a communal quote is appropriate. “John Doe” would be listed as “Arrested” in the Incident Report and “John Doe” would be “called / quoted” in the “Arrest Record”.
As another example, officials take a report on a domestic violence battery that clearly identifies the actor as “Jane Doe”. Officials are unable to physically locate “Jane Doe” but referred the case to the Milwaukee District Attorney for a review of charges. “Jane Doe” would be listed as “Arrested” in the Incident Report, and “Jane Doe” would be shown in the “Arrest Record” that “Jane Doe” was sent for “Prosecution Review”. If the prosecutor’s office brings a charge, the officer would change the entry from “Prosecution Review” to “Detained”.
Last example: officers report a theft in a retail store where the actor is still there when the police arrive. The actor is arrested and taken to the police for processing / booking. The actor would be listed as “Arrested” in the incident report and an “arrest record” would indicate that the actor was an “arrest on the spot”.
The “arrested” status listed in the incident report is administrative and procedural. The “Arrest Record” will not be disclosed or reported to any other agency or organization that manages arrest data unless it is listed as “On-View” or “Detained”. When in doubt that a subject’s arrest status has been falsely shared, individuals can contact the Wisconsin Justice Department Information Office and request a criminal record review. Link to Wis. DOJ / CIB. The Wauwatosa Police Department applies the highest levels of integrity, professionalism and accountability when we conduct our investigations and disseminate information.
Mr. Bowen has been referred to the Milwaukee District Attorney (District Attorney’s Office). However, after an internal review, the department decided not to bring charges and the transfer was dropped. Mr. Coleman received a city citation but was not physically arrested and taken to the station for processing (summoned / cited). I’ve attached a screenshot of the entries to show what it looks like administratively.
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