A Milwaukee County sheriff's sergeant was convicted Tuesday of beating a suspect handcuffed inside a squad car, where a video camera recorded the entire incident.
Scott Krause, 38, was arrested Oct. 16, within hours of when Ray Calderon had complained to sheriff's officials about being slugged in the face after he asked to use the restroom.
Four days later, Krause was charged with misdemeanor battery and misconduct in public office, a felony. He pleaded no contest to both charges Tuesday, was found guilty, and faces up to nine months in jail on the battery and up to 3½ years in prison on the felony at his sentencing March 5.
Deputy District Attorney Kent Lovern said his office would recommend prison but not a specific term. Lovern said the video is clear and explicit.
"Obviously, such conduct is completely unacceptable . . . and intolerable for a law enforcement officer," he said after the plea hearing.
He said he planned to play the dash cam video at the sentencing but declined news media requests for the video.
His office has reviewed the actions of three other deputies on duty at the jail at the time of the incident and decided no further criminal charges were warranted.
Sheriff's Capt. Aisha Barkow said the three remain on administrative duty pending an internal investigation.
Krause, who has been free on bail and suspended with pay since his arrest, appeared in court with his attorney, Michael Steinle; neither wished to comment after the hearing, held before Circuit Judge Dennis Cimpl.
Calderon's attorney, Jonathan Safran, also attended. He said his client was pleased Krause was found guilty of a felony and is considering a civil lawsuit in the matter. He said Calderon is still receiving treatment for injuries to his eye and his back.
According to the criminal complaint, deputies had arrested Calderon, 34, early Oct. 16 and had taken him to the County Jail, where Krause arrived to assist in the processing. As Calderon sat in the back of the car, he told investigators, he had a strong urge to urinate. Because his hands were cuffed behind him, he tapped on the window with his foot.
Krause opened the door and told Calderon to stop, that he'd get his turn and closed the door. When Calderon again tapped on the window, Krause opened the door, leaned in, slapped Calderon and said, "I told you to stop (expletive) kicking the window, you hear me?" Krause then grabbed Calderon and struck him several times in the face with a closed fist.
An initial news release from the sheriff's office said Calderon was stopped for suspected drunken driving. At a news conference after Krause was charged, Sheriff David A. Clarke Jr. said the Wisconsin State Patrol had stopped Calderon - who hasn't had a valid driver's license since 2007 - because he was wanted on two warrants from Winnebago County. Sheriff's deputies were called as backup and transported Calderon to the jail.
Calderon was released from the Winnebago County Jail in November after serving time for driving after revocation.
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