Count 1: FELONY MURDER
The above-named defendant on or about Wednesday, November 21, 2012, at 2541 N. Martin Luther King Drive, in the City of Milwaukee, Milwaukee County, Wisconsin, did cause the death of Clemon G Ferguson, while attempting to commit armed robbery party to a crime (943.32(2), 939.32 and 939.05), contrary to sec. 940.03 Wis. Stats.
Upon conviction for this offense, an unclassified Felony, the defendant may be imprisoned for not more than 35 years.
Complainant is a City of Milwaukee police detective and bases this complaint upon the reports and investigation of fellow City of Milwaukee police officers and police detectives along with the findings of the Milwaukee County Medical Examiner’s Office, whose reports and investigation state the following:
On November 21, 2012, Police Officer Eric Kradecki came in contact with the defendant, Jeremy Pierce, who came into District 5 City of Milwaukee police station and stated that he was in the area of North Avenue and Martin Luther King Drive walking on the sidewalk going to a barbershop when a black male came up from behind and tried to rob him and then heard a gunshot and realized he had been shot. At that time the defendant stated that he ran to the District 5 police station and reported this incident.
Detective Mark Peterson spoke with citizen witness Gregory Farmer who stated that on November 21, 2012, while at a barbershop located at 2451 N. Martin Luther King Drive in the City and County of Milwaukee, that he was waiting in the barbershop to get a haircut. Mr. Farmer stated that while waiting to get a haircut that he heard someone knocking at the locked door to the barbershop and that he got up out of his chair and opened the door for who he described as suspect 1 entering into the barbershop and shortly behind him he saw a second suspect enter with a gun in his hand. Mr. Farmer stated at this time he then observed that suspect one was pointing a gun at him and that he, at that time, used his left arm to knock the gun away from being pointed at him and at that time a shot was discharged and that he at that time pulled a gun from a holster and began firing the gun that he had in his possession. Mr. Farmer stated that he began shooting toward suspect one and that while doing so he was moving backwards and at one point he fell over a barber chair and fell to the floor but continued to shoot his gun. Farmer stated that he observed suspect one fall to the ground within the barbershop and that he and the other barbers and patrons ran out the back door and that he then called 911 and reported what had happened.
Detective Rodolfo Gomez, on November 22, 2012, spoke with the defendant Jeremy Pierce while he was in custody at Froedtert Hospital being treated for the gunshot wound that he had suffered. Detective Gomez asked the defendant how it was that he came to get shot and at first the defendant stated that he was at the barbershop located on Martin Luther King Drive when he states that a person in the barbershop pulled out a black handgun, he heard gunshots and that he fled out of the barbershop and he must have been shot during this gunfire.
As the interview progressed the defendant eventually admitted that he had entered the barbershop along with a person he identified as Clemon Ferguson and that the plan on entering into the barbershop was to commit a robbery. The defendant stated that it was both he and Mr. Ferguson’s idea to rob the place because they needed some quick money. The defendant stated that he knew the owner of the barbershop, a person that he identified as “JT” who is a drug dealer and has money. The defendant admitted that at the time of the entry into the barbershop that he was armed with a .40 caliber handgun and that Mr. Ferguson also had a gun. The defendant stated that they went to the barbershop together and that he waited at the door while Mr. Ferguson knocked on the door. The defendant stated that once the door was unlocked that the two entered into the barbershop and that after the shooting occurred that he ran out of the barbershop and threw the gun that he had in an alley near his house.
The body of Clemon Ferguson was located on the floor of the barbershop and he was pronounced deceased. Mr. Ferguson was later transported to the Milwaukee County Medical Examiner’s Office where an autopsy was performed by Dr. Agnieszka Rogalska, a medical doctor licensed to practice medicine in the State of Wisconsin with specialized training in the area of forensic pathology. Upon performing the autopsy on Clemon Ferguson, Dr. Rogalska determined to a reasonable degree of medical certainty that Mr. Ferguson died as a result of gunshot wounds to the head and neck.
****End of Complaint****
Subscribed and sworn to before me and approved for filing this 26th day of November, 2012
Kevin R. Shomin Complaining Witness
Assistant District Attorney