A former Milwaukee County sergeant was sentenced today to 18 months in prison for punching a suspect in the face several times as the man sat in the back of a squad car with his hands cuffed behind his back.
Prosecutors played a video recording of the incident during sentencing in Milwaukee County Circuit Court that showed Sgt. Scott Krause hitting Ray Calderon, who was repeatedly tapping and kicking the back window with his foot, cursing law enforcement and asking to use the bathroom.
Krause’s attorney, Michael Steinle, told Judge Thomas Donegan that the former deputy was diagnosed with post-traumatic stress disorder after two tours of combat duty in the Army and doesn’t remember punching Calderon. Steinle says Krause was “flabbergasted” when he saw the video of the incident.
Steinle told Donegan that Krause, 38, has an exemplary record as deputy and has accepted responsibility for what he said was an isolated incident. Krause earlier pleaded no contest to felony misconduct in public office and misdemeanor battery.
Calderon told the judge he suffered eye and back injuries and is now paranoid of law enforcement.
“I haven’t been the same psychologically or physically,” Calderon said in court. “What we need to do, your honor, is hold law enforcement to a higher standard.”
Deputy District Attorney Kent Lovern urged Donegan to impose time behind bars.
“This is a sheer violent act by one person against another,” Lovern said. The recording provides a powerful image that “illustrates inexcusable conduct,” he said.
Deputies arrested Calderon, 34, early on Oct. 16, 2009, on two warrants from Winnebago County, according to Milwaukee County sheriff’s officials. He was transported to the Milwaukee County Criminal Justice Facility for processing and remained in the back of the squad car.
The recording shows Krause opening the car’s back door, telling Calderon to stop kicking the window, then closing the door. When Calderon knocked on the window again with his foot, Krause opened the door and punched him several times in the face with his fist as the car’s camera recorded the incident.
Krause wiped tears away as he apologized in court to Calderon, the deputy’s family, former colleagues and “community at large for not being the role model I should have been.”
Donegan told Krause he deserved prison time in order to make a statement to him and the community.
“The shockwaves of abuse. … run deep and run wide and undermine the authority you’re entitled to,” Donegan said.
The judge imposed 18 months in prison and one year of extended supervision on the felony misconduct charge and nine months in prison for battery to run concurrently with the felony sentence. The maximum sentence on the felony was three years and six months in prison.
Calderon’s attorney, Jonathan Safran, called Krause’s actions brutal and cowardly.
“He (Calderon) felt that if he had done the same thing in reverse, he would have gotten more than a year and a half,” Safran said.
Calderon has filed a note of injury with the Milwaukee County clerk’s office, which is generally a precursor to civil lawsuit.