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CRIMINAL COMPLAINT

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									                                          CIRCUIT COURT
STATE OF WISCONSIN                       CRIMINAL DIVISION                      MILWAUKEE COUNTY

                                                                        CRIMINAL COMPLAINT
STATE OF WISCONSIN                                                      DA Case No.:2010ML019818
                                  Plaintiff,
                       vs.                           Complaining Witness:
                                                     West Allis Detective Jeffrey Nohelty

Bell, Demario Lamonte                                Court Case No.:
5509 West Greenfield Avenue
West Milwaukee, WI 53214
DOB: 02/05/1987
                               Defendant,

  THE ABOVE NAMED COMPLAINING WITNESS BEING DULY SWORN, ON INFORMATION
  AND BELIEF STATES THAT:

  Count 1: FLEEING OR ELUDING A TRAFFIC OFFICER (REPEATER)
  The above-named defendant on or about August 07, 2010, at 7100 W. Orchard Avenue, in the
  City of West Allis, Milwaukee County, Wisconsin, while operating a motor vehicle on a highway,
  after having received a visual or audible signal from a marked police vehicle, did knowingly flee
  or attempt to elude a traffic officer by increasing the speed of the vehicle in an attempt to elude,
  contrary to sec. 346.04(3), 939.50(3)(i), 939.62(1)(b) Wis. Stats.

  Upon conviction for this offense, a Class I Felony, the defendant may be fined not more than
  Ten Thousand Dollars ($10,000), or imprisoned not more than three (3) years and six (6)
  months, or both.

  And further, invoking the provisions of sec. 939.62(1)(b) Wis. Stats., because the defendant is a
  repeater, having been convicted of at least one felony during the five year period immediately
  preceding the commission of this offense, which remains of record and unreversed, the
  maximum term of imprisonment for this offense may be increased by not more than 4 years, if
  the prior conviction was a felony.

  And furthermore, invoking the provisions of Wisconsin Statute 343.31(3)(d)1, upon conviction
  the department shall revoke the defendant's operating privileges for 6 months.

  Count 2: ATTEMPT FIRST DEGREE INTENTIONAL HOMICIDE, USE OF A DANGEROUS
  WEAPON (REPEATER)
  The above-named defendant on or about August 07, 2010, at 5509 West Greenfield Avenue, in
  the City of West Allis, Milwaukee County, Wisconsin, attempted to cause the death of Police
  Officer Nick Stachula, another human being, with intent to kill that person, contrary to sec.
  940.01(1)(a), 939.50(3)(a), 939.32, 939.62(1)(c), 939.63(1)(b) Wis. Stats.

  Upon conviction for this offense, a Class B Felony, the defendant may be sentenced to a term of
  imprisonment not to exceed sixty (60) years.

  And further, invoking the provisions of sec. 939.62(1)(c) Wis. Stats., because the defendant is a
  repeater, having been convicted of at least one felony during the five year period immediately
  preceding the commission of this offense, which remains of record and unreversed, the
Demario Lamonte Bell, DOB: 02/05/1987                                                  Page 2 of 5

maximum term of imprisonment for this offense may be increased by not more than 6 years, if
the prior conviction was a felony.

And further, invoking the provisions of sec. 939.63(1)(b) Wis. Stats., because the defendant
committed this offense while using a dangerous weapon, the maximum term of imprisonment for
the felony may be increased by not more than 5 years.

Count 3: ATTEMPT FIRST DEGREE INTENTIONAL HOMICIDE, USE OF A DANGEROUS
WEAPON (REPEATER)
The above-named defendant on or about August 07, 2010, at 5509 West Greenfield Avenue, in
the City of West Allis, Milwaukee County, Wisconsin, attempted to cause the death of Police
Officer Ryan McNally, another human being, with intent to kill that person, contrary to sec.
940.01(1)(a), 939.50(3)(a), 939.32, 939.63(1)(b), 939.62(1)(c) Wis. Stats.

Upon conviction for this offense, a Class B Felony, the defendant may be sentenced to a term of
imprisonment not to exceed sixty (60) years.

And further, invoking the provisions of sec. 939.63(1)(b) Wis. Stats., because the defendant
committed this offense while using a dangerous weapon, the maximum term of imprisonment for
the felony may be increased by not more than 5 years.

And further, invoking the provisions of sec. 939.62(1)(c) Wis. Stats., because the defendant is a
repeater, having been convicted of at least one felony during the five year period immediately
preceding the commission of this offense, which remains of record and unreversed, the
maximum term of imprisonment for this offense may be increased by not more than 6 years, if
the prior conviction was a felony.

Count 4: POSSESSION OF A FIREARM BY A FELON (REPEATER)
The above-named defendant on or about August 07, 2010, at 5509 West Greenfield Avenue, in
the City of West Allis, Milwaukee County, Wisconsin, did possess a firearm after having been
convicted of a felony in Wisconsin, contrary to sec. 941.29(2), 939.50(3)(g), 939.62(1)(b) Wis.
Stats.

Upon conviction for this offense, a Class G Felony, the defendant may be fined not more than
Twenty Five Thousand Dollars ($25,000), or imprisoned not more than ten (10) years, or both.

And further, invoking the provisions of sec. 939.62(1)(b) Wis. Stats., because the defendant is a
repeater, having been convicted of at least one felony during the five year period immediately
preceding the commission of this offense, which remains of record and unreversed, the
maximum term of imprisonment for this offense may be increased by not more than 4 years, if
the prior conviction was a felony.


PROBABLE CAUSE
I am a City of West Allis detective and state the following upon information and belief, as well as
upon my review of City of West Allis, City of Milwaukee, and Milwaukee County Sheriff’s
Department reports, which I have relied upon in the past and found to be truthful and reliable:

At approximately 12:50 AM, on August 7, 2010, Police Officer Nick Stachula of the West Allis
Police Department, who was operating a marked police squad vehicle, observed a black 4 door
Chevy with tinted windows bearing the license plate of 440-PBL driving erratically at about the
8000 block of West Lapham Street in the city of West Allis and county of Milwaukee. Police
Officer Stachula followed the vehicle and activated his emergency lights at about the 7300 to
Demario Lamonte Bell, DOB: 02/05/1987                                                Page 3 of 5

7400 block of West Orchard Avenue. At the stop sign located at South 71st Street and West
Orchard Avenue, the rear passenger opened the door and stuck his head out, looking back at
Police Officer Stachula’s squad car. Instead of pulling the vehicle to the side of the road,
however, the passenger shut the door and the vehicle increased in speed.

Police Officer Stachula followed the vehicle as it continued, turning the siren on the squad car
on at approximately South 70th Street, at which point the vehicle turned southbound on 70th
Street and then eastbound on National Avenue. At 69th Street and National Avenue, Police
Officer Stachula abandoned his pursuit of the vehicle pursuant to West Allis Police Department
policy and turned off his siren and emergency lights.

A check of Department of Transportation records showed that the above-listed license plate and
vehicle listed to Raquel Oberlin of 5509 West Greenfield Avenue, Apartment 1, in West
Milwaukee, Wisconsin.

Police Officer Stachula met with fellow West Allis Police Officer Ryan McNally and police
officers from the West Milwaukee Police Department at the parking lot of the St. John
Evangelical Lutheran Church in order to proceed to 5509 West Greenfield Avenue.

Police Officer Stachula observed a vehicle stopped in front of 5509 West Greenfield Avenue
with 5 individuals inside of the vehicle, and it appeared that those individuals were going to be
approaching 5509 West Greenfield Avenue. While Police Officer Stachula and the other officers
spoke to the occupants of the vehicle, Police Officer McNally knocked on the door of Apartment
1 at 5509 West Greenfield Avenue, a door at the front on the outside of residence. Police
Officer McNally did not receive any answer.

Police Officer McNally and Police Officer Stachula were, however, able to enter the apartment
building through the side entrance with the assistance of another tenant of 5509 West
Greenfield Avenue.

Once inside 5509 West Greenfield Avenue, Police Officer Stachula and Police Officer McNally
knocked on the door to Apartment 1. The door became slightly ajar upon knocking as it was not
fully closed. An individual later identified as Tyrone Malone then further opened the door and
exited the apartment through the partially open door and began to speak to Police Officer
Stachula. At that time, Police Officer McNally observed another individual, later determined to
be Demario Bell, hereinafter the defendant, ten to fifteen feet inside the residence. The
residence was dark, though a low level of light shone within the residence.

Police Officer McNally, standing at the door of the residence, ordered the defendant to come to
the door and the defendant refused. Police Officer McNally observed that the defendant had
both hands behind his back. At one point, Police Officer McNally observed the defendant pull
out a cellular phone with his left hand, while refusing to show his other hand. Police Officer
McNally then observed that West Allis Sergeant Clint Corwin had entered the hallway.

Given the lack of response by the defendant and fearing that the defendant had a weapon,
Police Officer McNally ordered Police Officer Stachula to tase the defendant. Police Officer
Stachula then turned toward the defendant, ordered him to show his hands, pointed the light of
the taser toward the defendant, and ordered him to show his hands additional times. The
defendant still refused to do so, and Police Officer Stachula then observed the flash of a chrome
semi-automatic handgun.

Police Officer Stachula felt an impact on his left hip and then heard an additional gunshot.
Police Officer Stachula later discovered that he had been shot by the defendant in the femur,
Demario Lamonte Bell, DOB: 02/05/1987                                                  Page 4 of 5

just below his pelvic girdle, as well as in the tibia (lower left leg).

Police Officer McNally and Sergeant Corwin, standing in the hallway of the apartment building,
began to retreat back toward the door leading to the outside, returning fire at the defendant, and
eventually ascending a stairway at the end of the common hallway in the apartment.

During this exchange, Police Officer McNally was hit with a bullet and suffered a through-and-
through gunshot wound to his left foot.

The gunfire stopped and Police Officer McNally and Sergeant Colvin exited the building, with
other West Milwaukee Police Officers dragging Police Officer Stachula out of the building from
the hallway. Tyrone Malone fled the scene of the shooting during this time period as well.

Numerous officers from multiple jurisdictions began to respond to the scene, which was secured
and monitored for movement within the unit. At approximately 4:00 AM, Danny Paulos emerged
from the residence and stated that “Rio” was the shooter and was inside.

At approximately 5:00 AM, the Milwaukee County Sheriff’s Department’s Special Weapons and
Tactics Team entered the residence. The deputies observed a partially open door to Apartment
1. After announcing their presence, deputies heard what they believed to be groaning from
inside Apartment 1. A large blood pool could be observed just inside the doorway. The
defendant was observed laying in a prone position approximately 10 feet from the entrance to
the apartment. After the deputies entered the apartment they were able to determine no one
else was inside. The deputies also observed a silver handgun, later identified as a 9mm Ruger,
that had a slide malfunction. The defendant stated to deputies that he did not want to die
anymore.

Danny Paulos later spoke with Milwaukee Police Detective Charles Mueller. Danny Paulos
stated that he was the rear passenger in a car driven by the defendant. Danny Paulos also
noted that Tyrone Malone was in the front seat of that vehicle. He stated that in the early
morning hours of August 7, 2010, while in the area of 70th and West National Avenue, a squad
car pulled behind them with its lights and sirens on. He stated that the defendant stated that he
was not going to jail and sped the vehicle up to avoid being pulled over. He further explained
that Tyrone Malone and himself urged the defendant to pull the vehicle over, but that the
defendant refused to do so and again stated that he was not going to jail. Danny Paulos stated
that he then told the defendant about the new law prohibiting police chases, but that the
defendant did not seem to care. He stated that he, the defendant and Tyrone Malone all went
back to the defendant’s house and observed within a few minutes that the defendant had taken
his gun out. He stated that the defendant then called his uncle, “Gio”, stating, “I know you’re the
boss, but I’m not going back to jail.” He stated that the defendant held the firearm in his hand
throughout this conversation. While the defendant was on the phone with his uncle, the police
arrived. He stated that at some point, the police entered the hallway to the apartment, and the
defendant, with the gun concealed, opened the door a slight amount to look into the hallway.
He then heard the defendant yell, “Get the fuck out of my house.” He then heard the police yell
for the defendant to put his hands on his head and show himself. Danny Paulos then became
scared and hid in a living room closet, where he stayed and heard multiple shots. Danny
Paulos stated that he had a bad feeling that something was going to happen because the
defendant refused to put the gun in the garage or basement, as both Tyrone Malone and Danny
Paulos requested. He stated that he remained in the closet until he exited and observed the
defendant, who he thought to be deceased, with the defendant’s hand directly on top of a
firearm. He then surrendered himself to police.
Demario Lamonte Bell, DOB: 02/05/1987                                                  Page 5 of 5

This complaint is further based upon complainant's review of Milwaukee County Circuit Court
Case number 2008CF2565. In that case, the defendant was convicted of the felony offense of
Possession with Intent to Deliver-THC (2500-10,000 grams) in violation of Wisconsin Statute
Section 961.41(1m)(h)4 on July 21, 2008. That conviction remains of record and unreversed.
Given the felony conviction, the defendant is prohibited from possessing firearms pursuant to
Wisconsin Statute section 941.29. Furthermore, as that conviction is within five years of the
date of the above-listed offenses, the defendant is subject to enhanced penalties as a repeat
offender. A certified copy of the judgment of conviction, criminal complaint and judicial roll is
attached hereto and incorporated herein by reference.

                                     ****End of Complaint****

Subscribed and sworn to before me and approved for filing this 13th day of August, 2010.



Antoni J. Apollo                                     Detective Jeffrey Nohelty
Assistant District Attorney                          Complaining Witness
1055087

								
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