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County of Kenosha, WI, Distrcit Attorney Report on the Officer Involved Shooting of Jacob Blake, 2021

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COUNTY OF KENOSHA

DISTRICT ATTORNEY

Michael D. Graveley
District Attorney

Report on the Officer Involved Shooting of Jacob Blake
Synopsis
This document contains the factual and legal conclusions of the Kenosha County District
Attorney’s Office concerning the shooting of Jacob Blake by Officer Rusten Sheskey of the
Kenosha Police Department on August 23, 2020.
My conclusions do not change the fact that the events of August 23, 2020 were a tragedy—
for Jacob Blake, for the people who love him, for his children who were witness, for the City
of Kenosha, and for all the people most directly affected whose lives will forever be divided
into two acts, before August 23, 2020 and after.
The Investigation and the Role of the District Attorney
Immediately after Jacob Blake was shot on August 23, 2020, the Kenosha Police Department
contacted the Kenosha Sheriff’s Department to help secure the scene and the Wisconsin
Department of Justice – Division of Criminal Investigation (DCI) to investigate. The Kenosha
Police Department turned over complete control of the investigation to DCI. Over 30 DCI
agents were involved in the investigation and those DCI agents spent over 1,000 hours
gathering and documenting the facts in this case. DCI was assisted in their investigation by
the Wisconsin State Patrol and the Federal Bureau of Investigation (FBI).
Almost immediately after the shooting, a large crowd gathered and remained at the scene
creating challenges for investigators. However, DCI was able to photograph and collect all
relevant physical evidence from the scene. DCI conducted uniform inspections and gathered
evidence from the involved officers, conducted dozens of interviews with the assistance of
the FBI, obtained cell phone video evidence, obtained records including hundreds of pages of
medical records and other relevant documents. DCI received and reviewed 911 recordings,
dispatch recordings, and more than 40 hours of squad video from the squads of responding
officers. In addition to the electronic evidence, DCI generated nearly 200 reports totaling
approximately 1,500 pages. All of the materials and electronic evidence gathered by DCI will
be made available to the public with extremely limited redaction to protect the personal
information of witnesses.
As the Kenosha County District Attorney, it is my task, consistent with Wisconsin Statutes
section 175.47(5), to determine, based on all the evidence, whether any of the officers
involved in this shooting should be charged with any crimes. It is not my role nor do I have
the expertise to critique police training and procedures generally or to determine whether
there is a basis for a civil lawsuit and recovery of damages. My only role is to determine if
criminal charges are legally appropriate. To make this determination, I have thoroughly
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reviewed the evidence gathered by DCI. I have also relied on a report prepared by Former
Madison Police Chief Noble Wray. Noble Wray has been involved in police reform at the
national level having served as head of Police Practices and Accountability as a presidential
appointee in the Obama Administration. Noble Wray was chosen by the Wisconsin Attorney
General’s Office after I requested they select a qualified, independent individual to review the
use of force in this incident and provide an expert opinion. I want to stress that I had no role
in Noble Wray’s selection nor did I have any influence over his conclusions. Noble Wray’s
report will also be made available to the public as part of the DCI file.
The Available Evidence Considered in the Context of Domestic Violence
On August 23, 2020, the officers in this incident were responding to a family trouble call
which they knew was between a woman and the father of her children. This may seem like a
footnote, but it is actually urgently important. Unlike many other types of calls, when police
are responding to domestic violence calls they must be ready to enter a scene that is
unpredictable and combustible. Police responding to domestic disturbances must be
prepared to encounter not just violent behavior, but also potentially controlling behavior by
perpetrators towards victims. Police must also consider the particular danger that domestic
violence situations present to children, even when those children are not the direct targets of
the violence.
When Officer Sheskey, Officer Meronek, and Officer Arenas responded to this call on August
23, 2020, they knew they were responding to a domestic disturbance and they knew the man
who was the subject of the call, Jacob Blake, had a warrant for his arrest from a prior incident
where he was charged with domestic violence offenses and a sexual assault. Every decision
the officers made during this incident, in response to this call, must be interpreted in light of
those facts.
Factual and Legal Conclusions
Based on all of the material gathered in this investigation by DCI, the evidence establishes
the following facts:
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On Sunday, August 23, 2020, at approximately 5:10 pm, Laquisha Booker, the mother
of Jacob Blake’s children, called the police reporting that Jacob Blake had taken the
keys to her rental vehicle which he would not return to her. Laquisha Booker stated
that she was afraid that Jacob Blake was going to take her vehicle and crash it as, she
stated, he had done before.
As a result of this call, Officer Sheskey, Officer Meronek, and Officer Arenas were
dispatched to Laquisha Booker’s residence located at 2805 40th St. in the City of
Kenosha.
Responding officers were told that this was a “family trouble” call involving a dispute
over car keys between Jacob Blake and the mother of his children.
Jacob Blake had a felony warrant for his arrest.
The involved officers knew Jacob Blake had a felony warrant for his arrest and knew
that the warrant involved domestic violence charges and a sexual assault charge.
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Officer Sheskey obtained a description of Jacob Blake and knew he would have to
arrest Jacob Blake on the warrant if he encountered him.
When officers arrived, Laquisha Booker flagged them down and shouted statements
identifying Jacob Blake as the other person involved and indicating that he was trying
to take her car, stating, “My kids are in the car.”
Officer Sheskey saw Jacob Blake and saw him putting a child in the back of the
vehicle in question, a gray Dodge SUV.
Officer Sheskey immediately attempted to arrest Jacob Blake based on his active
warrant and was quickly assisted by Officer Arenas and Officer Meronek.
Jacob Blake knew there was a warrant out for his arrest.
Jacob Blake did not comply with the verbal commands of officers as they attempted to
arrest him.
When the officers attempted to physically restrain Jacob Blake, he resisted, physically
struggling with officers.
Officers brought Jacob Blake to the ground, but he was able to get off the ground and
to get away from the officers trying to arrest him.
During this struggle, Officer Sheskey and Officer Arenas both attempted to subdue
Jacob Blake by deploying their tasers.
Both times that Jacob Blake was struck with the tasers, he ripped out the taser
wires/prongs making the tasers ineffective against him.
Officer Sheskey also attempted to drive stun Jacob Blake with his taser by applying
the taser to Jacob Blake’s neck/back area, but that too was ineffective.
As he resisted arrest, Jacob Blake was armed with a knife.
By the time he was walking in front of the SUV, the knife was opened and the blade
was exposed.
Jacob Blake did not comply with police commands to drop the knife.
Jacob Blake tried to enter the driver’s door of the SUV.
The SUV had been rented by Laquisha Booker in her name and Laquisha Booker had
indicated to police that Jacob Blake did not have permission to drive the vehicle.
There were children in the SUV who Laquisha Booker had yelled were her children.
Jacob Blake had the opened knife in his right hand and was attempting to escape from
Officer Sheskey’s grasp and enter the driver’s side of the SUV.
Both Officer Sheskey and Officer Arenas stated that in the moment before Officer
Sheskey opened fire, Jacob Blake twisted his body, moving his right hand with the
knife towards Officer Sheskey.
Two citizen witnesses saw Jacob Blake’s body turn in a manner that appears
consistent with what the officers described.
Officer Sheskey shot Jacob Blake seven times in total. There were four entrance
wounds to Jacob Blake’s back and three entrance wounds to his left side (flank).
Officer Sheskey stated that he fired shots until Jacob Blake dropped the knife. Noble
Wray explained this is consistent with law enforcement training where officers are
instructed to continue shooting until they stop the threat.

With these facts established, I do not believe the State could prove beyond a reasonable
doubt that Officer Sheskey was not acting lawfully in self-defense or defense of others which
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is the legal standard the State would have to meet to obtain a criminal conviction in this case.
I also do not believe that there are any viable criminal charges against Officer Meronek or
Officer Arenas neither of whom fired a shot in this case.
I describe in great detail below how I have reached these legal and factual conclusions. I
have also presented and explained my findings at a press conference using a digital
presentation. This too will be made available to the public.

Factual Overview
The Video Evidence
This officer involved shooting occurred shortly after 5:15 pm on Sunday, August 23, 2020 on
28th Ave. which is the road to the east of the residence located at 2805 40th St. in the City of
Kenosha, Wisconsin. Any recitation of the facts must begin with the video evidence, in
particular, the cell phone video taken by witness RW that in the minutes, hours, and days
following this incident was spread and seen by millions on social media and in the news.
Though this cell phone video is extremely important evidence, it did not capture the entirety of
the interaction between the involved officers and Jacob Blake.
There were three Kenosha Police Department Officers on scene as the incident unfolded.
Officers Rusten Sheskey and Brittany Meronek arrived in a fully marked Kenosha Police
Department squad SUV and were the primary officers. Officer Vincent Arenas arrived in a
fully marked Kenosha Police Department squad car. All three officers were in full Kenosha
Police Department uniform. The importance of cell phone video in this case is magnified by
the fact that Kenosha Police Officers are not equipped with body cameras. Kenosha Police
squad cars are and have for some time been equipped with squad video. Furthermore, audio
can be captured by microphones inside the squad and by microphones which can be affixed
to the uniforms of Kenosha Police Department Officers and synced with the squad video.
When the red and blue emergency lights are activated on a Kenosha Police Department
squad, the squad video and microphone audio automatically starts recording. However, in
responding to this scene neither Officers Meronek and Sheskey in their squad nor Officer
Arenas in his squad activated their emergency lights. Kenosha Police Officers can also
manually turn on their squad video and microphones, but that did not occur in this case.
One of the limitations of squad video, in contrast with body cameras, is that it only captures
incidents that unfold directly in front of the squad. Here, both squads were facing away from
where the incident occurred and so, even if the squad video in either squad had been
recording, it would not have captured the incident. The same cannot be said of microphone
audio had that been recording. As mentioned above, Kenosha Police Officers are equipped
with microphones that they can attach to their uniforms. Had those microphones been
recording we might have a complete record of what was said during this encounter including
commands issued by the involved officers. As it stands, we are left with the audio that was
captured from a distance in the two cell phone videos and with witness accounts of what was
said and what was heard.

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DCI’s investigation of this incident did involve a review of many hours of squad video as
dozens of officers from the Kenosha Police Department and Kenosha Sheriff’s Department
responded to this officer involved shooting and remained at the scene attempting to control
and secure it for hours. However, because these responding officers all arrived after the fact,
all of these video and audio recordings that do exist shed no light on the incident itself.
Video and audio recordings can be imperfect. Video may be unsteady and of low quality. It
is limited by the angle from which it is taken and may start and stop so that it does not
capture the whole incident. Audio may be garbled, muffled, or indecipherable based on the
distance of the recording device from the sounds or the chaos of the situation. Even police
body cameras may be of limited usefulness in some scenarios, especially struggles at close
quarters or in darkness where little may be seen other than a shaking, darkened screen.
And, of course, technology can fail. In this particular investigation, two later-arriving officers
had been having trouble with their squad videos and microphones and so video and audio
from these two separate responding officers did not record properly. In spite of all the abovementioned limitations, the failure to equip officers who work in the 3rd largest police
department in the State of Wisconsin1 with body cameras does a disservice to Kenosha
Police Officers and to the Kenosha community. As illustrated by the events of August 23rd,
the significance of this failure is immense. Were it not for the two people who captured cell
phone video of this officer involved shooting, there would have been literally no relevant video
or audio recordings of this event. In 2020, we should not have to rely on the happenstance of
citizens recording on their cell phones in order to have some video/audio record of an
incident of this significance. I hope in the future there will be no officer involved incidents
subject to review for possible criminal charges where the evidence is limited and made less
certain by the lack of body cameras.
Statement and Cell Phone Video of Witness RW
Fortunately, we do have the cell phone video taken by witness RW. RW resided at the
apartment building across the street from the scene of the shooting in a second floor
apartment. The window through which RW recorded this incident was situated just slightly to
the south of where the gray Dodge Journey SUV was parked so RW had to position his cell
phone facing west and slightly to the north to capture this incident. RW also did not record
the whole incident or all of what he saw.
On the evening of August 23, 2020, RW told an investigator from DCI that at around 4:00 to
4:30 pm, he heard the women who stayed across the street in the corner house (2805 40th
St.) yelling. RW stated that the women were arguing for about 45 minutes until he saw a man
(later identified as Jacob Blake) pull up in the gray Dodge SUV. RW stated that Jacob Blake
walked up to a child who RW believed was his son. RW heard Jacob Blake tell his son to get
in the truck and he was not going to tell him again. RW believed the boy was about 5 or 6
years old. RW observed the boy running towards the SUV, but did not know if the boy
1

The Wisconsin Policy Forum, Police Spending Rises, Staffing Levels Fall (In 2018, the Kenosha Police Department had
the third highest number of sworn officers for police departments in Wisconsin’s top ten largest cities.).
https://wispolicyforum.org/wp-content/uploads/2019/12/Focus_19_22-2.pdf

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entered the SUV or not. RW observed Jacob Blake walk past some of the women without
saying anything to them and into the corner house through the back door. RW stated that at
that time he went to the bathroom and he was in there for about two minutes.
RW stated that he went back to the window and at that time he observed that there were now
two male police officers and one female police officer outside. RW stated that the two male
officers were on either side of Jacob Blake who was now outside. RW stated that one officer,
who was on Jacob Blake’s left side, had Jacob Blake in a headlock, punching Jacob Blake in
the ribs. RW stated that the second male officer who was on Jacob Blake’s right side also
had Jacob Blake in a headlock while trying to control Jacob Blake’s arm. RW stated the
officers were wrestling with Jacob Blake by the driver’s side of the SUV near the hood and
were moving along the driver’s side towards the rear of the vehicle. RW stated that the
female officer, who was standing in front of them, tased Jacob Blake as the other officers
were still holding him. RW stated that the female officer tased Jacob Blake in the back, but
he didn’t go down. RW stated that the two officers continued wrestling with Jacob Blake
towards the trunk area of the vehicle. RW stated that when the three of them got to the curb
side of the vehicle, they fell to the ground out of RW’s view. RW stated that when he first saw
the officers wrestling with Jacob Blake, he (RW) went and grabbed his phone off his bed and
instantly started recording the encounter.
Turning to RW’s cell phone video, this screenshot shows the first moment captured by RW’s
cell phone video and the point of view from which the video was taken:

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In the center of the frame is the gray Dodge Journey SUV parked on the west curb of 28th
Ave. facing south. The residence to the west of the SUV is 2805 40th St. RW’s cell phone
video faces the driver’s side of the SUV. Around on the passenger side of the SUV, two
women can be seen initially at the beginning of the video standing near each other. The
person who is standing farther south was later identified as Laquisha Booker. She is the
mother of three of Jacob Blake’s children. Laquisha Booker is wearing a black shirt and
multi-colored pants. The other woman who can be seen on the passenger side of the SUV is
Officer Meronek.
As the video begins, Officer Arenas can soon be seen as he stands upright near the
passenger-side rear tire of the SUV. Officer Meronek and Officer Arenas appear to step back
slightly. At this point, Officer Sheskey can be seen standing upright near the passenger-side
rear tire of the SUV and Jacob Blake can also be seen standing upright. He is near the
passenger-side front door of the SUV. Laquisha Booker is standing away from the SUV near
the sidewalk.
The video shows Jacob Blake walk around the front of the SUV from the passenger side. All
three officers appear to have their firearms drawn as they follow Jacob Blake with Officer
Sheskey in front of Officer Arenas. Both Officers have their firearms pointed in Jacob Blake’s
direction. Jacob Blake walks directly around the front of the SUV and at this moment, the
video shows Jacob Blake holding a curved blade knife in his left hand. Below is a screenshot
from RW’s video:

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A Digital Records Specialist from DCI performed an enhancement of RW’s cell phone video
to sharpen the image. In the below set of three images, the image on the left is a screenshot
from the enhanced video. The image in the middle is a photograph of the knife DCI agents
recovered from driver’s side floorboard of the SUV after the shooting. The image on the right
is the comparison done by the Digital Records Specialist of the knife that was found on the
floorboard of the SUV with the object in Jacob Blake’s left hand.

In RW’s video, Jacob Blake continues to walk around the front of the SUV. Officer Sheskey
is directly behind Jacob Blake with his gun drawn and pointed at Jacob Blake. Jacob Blake
then walks near the front driver’s side tire of the SUV towards the driver’s door. At this point,
it appears that Jacob Blake’s hands come together which would have given him the
opportunity to transfer the knife from his left hand to his right hand. Jacob Blake reaches
towards the driver’s door handle with his left hand. As Jacob Blake approaches and reaches
towards the driver’s door handle, Officer Sheskey reaches out with his left hand and lunges
towards Jacob Blake. Officer Sheskey is holding his firearm in his right hand.
During the period of time in the video when Jacob Blake is walking around the front of the
SUV and approaching the driver’s side door, a male voice can be heard yelling, “Drop the
knife!” at least two times.
The video then shows that just as Jacob Blake grabs the driver’s door handle and opens the
door, Officer Sheskey grabs Jacob Blake’s tank top near the left shoulder. Officer Sheskey
then moves to his right, around the open door, while grabbing and pulling at Jacob Blake’s
tank top. Jacob Blake then leans with his upper body into the SUV. His right arm is briefly
visible through the driver’s side window of the SUV, but he lowers his arm and bends at the
waist, lowering his head and shoulders so that his right arm and his chest area are obscured
by the driver’s door of the SUV and also by Officer Arenas who is now standing right by the
open driver’s side door looking through the driver’s side window. At this point seven shots
can be heard and the video shows Officer Sheskey firing these shots at Jacob Blake. Officer
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Sheskey is within just feet of Jacob Blake when he fires these shots and in close enough
proximity that he is still holding onto Jacob Blake’s tank top which is now stretched out over
Jacob Blake’s left shoulder. After Officer Sheskey fires the shots, Jacob Blake ends up
seated in the driver’s seat of the SUV. Officer Sheskey continues to hold onto Jacob Blake’s
tank top and point his firearm towards Jacob Blake, while Officer Arenas moves from the
driver’s door area to a position behind Officer Sheskey. At this point, Laquisha Booker
comes into view near the driver’s door of the SUV. She appears distraught and is jumping up
and down. Officer Arenas can then be seen approaching Laquisha Booker with his gun in his
right hand still pointed at Jacob Blake. Officer Arenas uses his left forearm to move Laquisha
Booker back away from the SUV. RW’s cell phone video then ends.
In addition to this well-known video, RW provided DCI with additional videos he recorded on
his cell phone that evening. Three short videos that RW took immediately after the shooting
show the involved officers rendering aid to Jacob Blake before the arrival of rescue
personnel.
Cell Phone Video of Witness MJ
Another witness, 13 year-old MJ, also captured cell phone video of this incident. MJ’s cell
phone video has been shared on social media and by news outlets. MJ was standing on the
lawn area on the west side of 28th Ave. so that in her video she captured some of the events
occurring on the passenger side of the SUV which cannot be seen on RW’s video. This is a
screenshot from the very beginning of MJ’s video showing the point of view from which her
video was taken:

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Near the center of the frame is the gray Dodge SUV. Behind the SUV at an angle is the KPD
squad SUV of Officer Meronek and Officer Sheskey. Like RW’s video, this video only
partially captures the incident though MJ’s video appears to begin moments before RW’s. As
MJ’s video begins, Laquisha Booker can be seen standing to the rear of the gray Dodge
SUV. The video briefly moves away from the SUV so it is off screen, but then returns at
which point Officer Meronek comes into view standing near and to the left of Laquisha Booker
at the rear of the SUV.
Due to the quality and unsteady nature of the video, and the distance between MJ and the
events taking place, it is difficult to make out figures, but the video appears to show Jacob
Blake emerge from the rear of the SUV and into view. He appears to be on his hands and
knees.
The same Digital Records Specialist from DCI also performed an enhancement of MJ’s cell
phone video to stabilize and sharpen the video. This enhanced version of the video more
clearly shows the moment when Jacob Blake emerges from the rear of the SUV and into
view. In the enhanced video it appears that, as Jacob Blake is coming into view, he is on top
of and struggling with another person. Though in the video the identity of this other person
cannot be clearly seen, based on the positioning of the involved individuals as the video
progresses, this person who Jacob Blake is on top of and struggling with is likely Officer
Sheskey.
As MJ’s video continues, an Officer who appears to be Officer Arenas is standing, bent over,
directly behind Jacob Blake. It appears that this Officer has his hands on Jacob Blake, but
the view becomes briefly blocked. The video then shows Jacob Blake near the rear
passenger-side tire of the SUV. The Officer still appears to be bent over with his hands on
Jacob Blake and Jacob Blake appears to lift at least one of his hands (his right hand) off the
ground and raise his torso although he appears to still be on his knees.
As the video continues it appears that Jacob Blake returns to a position on his hands and
knees as the Officer is still hands-on behind him. At this point, it becomes very difficult to see
what is happening between Jacob Blake and the officers as they remain up against the
passenger side of the SUV because the video is shaking and MJ’s view is obstructed by
multiple witnesses who are near the SUV. As the video continues, a figure who appears to
be Officer Sheskey comes into view and is now the officer nearest Jacob Blake. His sudden
appearance is consistent with him having been on the ground with Jacob Blake during the
struggle as the enhanced version of the video indicates.
At this point, the view on MJ’s cellphone video continues to be obstructed until Jacob Blake
can be seen in a standing position and walking along the passenger side of the SUV to the
front of the SUV. Jacob Blake can then be seen walking around the front of the SUV followed
by Officer Sheskey and then Officer Arenas both of whom have their guns drawn and pointed
at Jacob Blake. At this time, Officer Meronek is circling around the rear of the SUV with her
gun drawn. As Jacob Blake nears the driver’s door, Officer Sheskey can be seen reaching
towards Jacob Blake. Officer Arenas is further back having taken a wider path around the
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front of the SUV. The door of the SUV can be seen opening and three gunshots can be
heard before MJ stops the video.
MJ’s video also captures audio of this event. A lot of screaming can be heard as well as a
few shouted phrases, but no relevant audio such as officer commands or statements from
Jacob Blake can be clearly discerned.
Unanswered Questions
While the video evidence in this case is critical, the recordings from this incident still left many
unanswered questions including: What happened at the scene that led up to this incident?
Why were police there? What knowledge did the police have about the incident they were
responding to? What occurred on scene after the police arrived, but before any video was
captured? What did the involved officers, Jacob Blake, and the citizen witnesses see and
hear? What were their perceptions about what was occurring? And what occurred on scene
that was not captured on video/audio?
Through their investigation, DCI sought to answer these questions and the answers to these
questions are essential to the legal analysis of whether any of the involved officers committed
a crime.
Events Occurring Before Police Arrival
Multiple citizen witnesses were able to provide DCI information about what had occurred at
2805 40th St. before police arrived. Witness MQS told DCI that on the afternoon of August
23, 2020, she and her mother (MLS) and her sister (MJ) had been visiting a relative, TH. TH
lived in the apartment building at 4018 28th Ave. with her children. MQS stated that around
4:00 pm she saw Jacob Blake arrive at the corner house (2805 40th St.) and start getting a
small grill ready for a cookout. MQS stated that Laquisha Booker, who lives at the house,
was outside with her sister and about five to six young children. According to what DCI was
able to determine, Laquisha Booker was not currently in a relationship with Jacob Blake at
the time of this incident, but they have three children together.
MQS stated that there was a disagreement between her relative, TH, and Laquisha Booker
and they were yelling back and forth outside. MQS stated that Jacob Blake overheard
something that hurt his feelings and wanted to leave. MQS stated that Laquisha Booker did
not want Jacob Blake to go, but Jacob Blake got his kids and put them in the car anyway.
MQS stated that she was trying to tell TH to stop arguing with Laquisha Booker and that it
wasn’t worth it. MQS believed that Laquisha Booker didn’t like the fact that Jacob Blake was
leaving with the kids. MQS stated that Laquisha Booker had an angry look on her face and
was running back and forth into the house while continuing to argue with TH. MQS stated
that Laquisha Booker did not want Jacob Blake to leave with her rental vehicle. MQS stated
that after the arguing continued for about 20 to 30 minutes, she saw Laquisha Booker on the
phone with the police and then saw police arrive.

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MLS gave a statement that was substantially similar to that given by her daughter. Many
witnesses who DCI interviewed stated that their attention was first drawn to the incident by a
loud argument occurring between two women.
Through their investigation, DCI was able to determine that the vehicle in question, the gray
Dodge SUV, was a rental vehicle that had been rented by Laquisha Booker.
911 and Dispatch
At 5:10 pm on August 23rd, dispatch did receive a 911 call from Laquisha Booker. In the call,
Laquisha Booker and the dispatcher had the following exchange:
Complainant

I’m willing to take that risk…

Dispatcher

911. What is your emergency?

Complainant

Yes. I need an officer to 2805 40th Street Unit D

Dispatcher

2-8-0-5 4-0 Street Letter D as in David?

Complainant

Yep. Letter D as in David. Jacob Blake is here and he has the keys to a
rental that I purchased that I need to take back and he’s not trying to
release it and on top of that, he’s not supposed to be here. Today is his
son's birthday, so I allowed him to spend a couple hours with him, but
he’s not giving me the keys to this rental. And that's all I'm asking for. I
never would have called you guys. I promise you, I try to keep from
calling you guys. He’s crashed numerous of my vehicles in the past and I
literally just bought one like yesterday. And so, just because he heard
some false information, he’s not willing to give me the keys to this car
that doesn't even belong to me. Me and my sisters just saw him skirt off
in it and turn around and come back, so I need you guys to come…and I
need these keys.

Dispatcher

Okay. What is your name?

Complainant

My name is Laquisha Booker. (In the background she says, "Go ahead
and tell the girls that. Go ahead and tell them that.”)

Dispatcher

And what is the phone number you're calling from?

Complainant

[Provides phone number]

Dispatcher

[Repeats phone number]

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Complainant

(In the background she says, “Don't not put your shoes on. The police
are on their way here. Yes it is. Do not put your shoes on Izrael. Go
back to playing your game. You didn't even want to go outside.”)

Dispatcher

Is Jacob there right now?

Complainant

Yes and he is trying to kiss his kids, so he can hurry up and leave. He
was here talking all types of crazy and now he’s walking off now. Now
he’s getting ready to leave. Well, let me get the license plate.

Dispatcher

Okay. And is he White, Black, Hispanic?

Complainant

Hold on. Let me get the license plate number. He’s kissing the rest of his
kids. It’s IVJ-935.

Dispatcher

I as in Ida, Z as in Zebra, J as in John 935?

Complainant

No, IV. No IVJ-935. Good luck.

Dispatcher

V like V as in Victor?

Complainant

Yep. V as in Victor.

Dispatcher

Okay.

Complainant

And he’s probably about to go crash it. He’s is pulling off right now. IVJ 935.

Dispatcher

What state is it out of?

Complainant

(In the background she says, “Shut the fuck up bitch!”)

End of Call
Officer Meronek and Officer Sheskey responded to the call and Officer Arenas responded as
backup. Via radio, dispatch gave these officers Laquisha Booker’s address and informed the
responding officers that this was a “family trouble” call, that Laquisha Booker (identified as
“the complainant”) said Jacob Blake is not supposed to be there, that he took her keys, and
that he was refusing to give them back. Dispatch informed the responding officers that Jacob
Blake had “a 99” meaning a warrant. Dispatch then informed the officers that he (Jacob
Blake) was trying to leave and they were trying to get a vehicle description. Dispatch then
indicated that the complainant said that he (Jacob Blake) left and then she hung up.
Via computer, dispatch provided the following information to the responding officers:

13

05:11:12

compl says there is a Jacob blake her that isnt suppose to be here and he took
the compls keys and is refusing to give them back

05:11:28

jacob is the compls childs father

05:12:07

Jacob is now trying to leave.

05:12:52

ivj935 is the plate

05:12:59

compl says he is leavingnw and hungup

05:13:05

Jacob has a 10-99 through Kenosha for trespass/DV, DC/DV, and DC/DV
felony 3rd degree sexual assault

This information from dispatch shows the involved officers knew they were responding to a
family trouble complaint, where a male identified as Jacob Blake, was attempting to leave in
the complainant’s car and perhaps had already left. The officers were also made aware that
Jacob Blake had a felony warrant out of Kenosha County that involved domestic violence
offenses and a felony sexual assault.
Events Occurring After Police Arrival
DCI’s investigation uncovered over a dozen citizen witnesses who saw at least part of the
police interaction with Jacob Blake culminating in Officer Sheskey shooting Jacob Blake at
the driver’s side door of the gray Dodge SUV. As the investigative file will be made public, it
is not the purpose of this document to simply repeat what each eye witness told investigators.
Rather, this report will present brief summaries of the statements of the four main participants
in this incident (the three Kenosha Police Officers and Jacob Blake) and consider those
statements in light of the accounts of other witnesses, the video evidence, the physical
evidence, the examination of the scene conducted by investigators, and all other relevant
materials obtained by DCI during the course of their extensive investigation.
In conducting this evaluation, it is important to bear in mind that, as with all investigations
involving multiple witnesses, the accounts are not all consistent. In his report evaluating the
police use of force in this case, Noble Wray writes at length about the reasons why, in his
experience, witnesses and the persons directly involved in an incident of this nature often
have varying accounts. Those reasons include how the mind responds to stress, the
witness’s vantage point and opportunity to see and hear the event, whether the witness was
influenced by bias including implicit bias or bias arising from that individual’s personal
involvement in the event or a relationship with an involved individual. In determining what
actually happened after the police arrived on scene, I have taken into consideration these
limitations of witness accounts and given most weight to statements by witnesses and the
participants that are corroborated by other evidence.

14

Summary of Officer Rusten Sheskey’s Statement (See Attachment 1 for Full Statement)
On August 26, 2020, DCI agents interviewed Officer Sheskey at the DCI Milwaukee Field
Office. Present during the interview was a Kenosha Professional Police Association Union
Representative and two attorneys for Officer Sheskey.
Officer Sheskey stated that while on duty on August 23, 2020 sometime after 5:00 pm, he
and Officer Meronek were dispatched as the primary unit to a "family trouble" involving a
subject named Jacob Blake. While they were en route to the assignment he heard dispatch
advising that the male involved had a felony warrant for 3rd Degree Sexual Assault,
Trespassing/Domestic Violence (DV) related and Disorderly Conduct (DC)/DV related.
Officer Sheskey stated he also recalled dispatch advising something about a child or children
being involved in the incident and something about the male being in possession of the keys
of the caller and he was refusing to give them back and then leaving the area. Dispatch
advised that the caller was being uncooperative.
Officer Sheskey stated that after receiving all of that information from dispatch he knew that
Jacob Blake would ultimately have to be arrested for the felony warrant. Officer Sheskey was
able to get a physical description of Jacob Blake. As he and Officer Meronek travelled south
on 28th Avenue, approaching 40th Street, Officer Sheskey saw a man fitting Jacob Blake’s
description carrying a child of 3-4 years of age and walking towards a silver car parked on the
west side of the street. Officer Sheskey also observed a female walking behind the subject
believed to be Jacob Blake. Officer Meronek pulled the squad over on the west side of the
street, and, as they were getting out of the squad, Officer Sheskey observed Officer Arenas
walking from the west towards them.
Officer Sheskey stated that he walked directly towards the male and, as he approached him,
he could hear the female screaming, "It's him! It's him! He has my keys! It's my car! It's
registered to me!" Officer Sheskey heard the male say, "I'm taking the kid and I am taking
the car." Officer Sheskey said to the male, "Let's talk about this." Officer Sheskey saw the
male put the young child he had been carrying in the back seat of the vehicle and then turn to
face him. Officer Sheskey did not know whose child it was. Officer Sheskey stated that he
was confident that the male standing in front of him was Jacob Blake. Officer Sheskey
grabbed Jacob Blake’s arm to place him under arrest and he told Jacob Blake that he had a
warrant.
Officer Sheskey then described in detail the physical struggle between officers and Jacob
Blake as they tried to arrest Jacob Blake (see full statement for all details). Officer Sheskey
described Jacob Blake’s physical resistance and his failure to follow commands. Officer
Sheskey described how Jacob Blake reached for his waistline area with his left hand which
made Officer Sheskey believe that Jacob Blake was reaching for a weapon, though Officer
Sheskey did not see a weapon at that time.
As the struggle continued, Officer Sheskey described how he discharged his taser at Jacob
Blake and how he saw Jacob Blake break the taser wires with his right hand which is
something Officer Sheskey stated he had never seen anyone do before. Officer Sheskey
15

then described how he tried to drive stun Jacob Blake by putting the metal ends of the taser
on Jacob Blake’s neck/back area but that also did not work as Jacob Blake slipped away and
the physical struggle continued. Officer Sheskey described how he attempted to decentralize
Jacob Blake to bring him to the ground, but Jacob Blake spread his feet and lowered his
center of gravity and both Officer Sheskey and Jacob Blake ended up falling to the ground.
Officer Sheskey stated that he yelled at Jacob Blake throughout the incident numerous verbal
commands as well as, “Stop resisting!” Officer Sheskey stated that he heard someone
yelling at that time, "He has a knife! Knife! Knife!" After he heard that, Officer Sheskey
stated that he drew his gun, but up to that point he still had not seen the knife. Officer
Sheskey stated he started to give verbal commands to Jacob Blake to drop the knife, but
Jacob Blake did not comply. Officer Sheskey stated that Jacob Blake was now walking
towards the front of the SUV. Officer Sheskey continued to yell for Jacob Blake to drop the
knife; however, Jacob Blake continued to ignore the commands. As Jacob Blake turned left
in front of the vehicle, Officer Sheskey first saw the black knife in Jacob Blake’s left hand.
Officer Sheskey stated that when Jacob Blake got to the left front corner of the SUV, he
turned a hard left and started going towards the driver’s side door. Officer Sheskey stated
that he started thinking to himself, "I don't know what he is going to do. Is he going to hurt
the kid? Is he going to take off in the vehicle? Will we have to pursue the vehicle with a child
inside of the car? Is he going to hold the child hostage? Are his actions going to put others
at risk?" Officer Sheskey was aware of at least one child being inside of the vehicle at that
time, and he did not know if it was Jacob Blake's child. Officer Sheskey stated that at that
moment he decided that he could not let Jacob Blake get back into the vehicle. Officer
Sheskey stated that he thought that it was dangerous for the public and the child in the
vehicle to let Jacob Blake leave when he was armed with a knife.
Officer Sheskey stated that he closed the distance between himself and Jacob Blake as he
got to the front door of the SUV. Officer Sheskey could not remember if the SUV door was
open or if Jacob Blake had to open it, but as Jacob Blake attempted to get in the SUV, Officer
Sheskey grabbed Jacob Blake’s shirt and pulled him in an attempt to prevent him from
getting into the vehicle. Officer Sheskey stated that Jacob Blake started to lean into the
vehicle as Officer Sheskey was pulling Jacob Blake’s shirt. As Jacob Blake was reaching
into the car, Jacob Blake turned his torso from right to left towards Officer Sheskey and
Officer Sheskey saw that the knife was now in Jacob Blake's right hand, under Jacob Blake's
chest and coming towards Officer Sheskey, under Jacob Blake's left arm. Jacob Blake's left
shoulder came up slightly and his right shoulder dipped underneath and the knife was moving
towards Officer Sheskey. Officer Sheskey stated the knife was approximately two feet away
from him. Officer Sheskey stated that for the first time Jacob Blake showed intent to harm by
driving the knife towards Officer Sheskey's torso. Officer Sheskey feared Jacob Blake was
going to stab him with the knife but knew that he could not retreat because the child was in
the car and could be harmed, taken hostage, or abducted by Jacob Blake. Officer Sheskey
stated that for these reasons, he discharged his firearm towards Jacob Blake.
Officer Sheskey believed that he fired six shots. Officer Sheskey stated that he did not stop
firing until he saw Jacob Blake drop the knife. Jacob Blake came to a sitting position as
16

Officer Sheskey was firing, and Jacob Blake's hands were in front of his chest still holding the
knife. As Jacob Blake dropped the knife to the floorboard, Officer Sheskey stopped firing.
Officer Sheskey stated that he was shooting down and forwards because he didn't want to
put the child seated in the back of the vehicle or any civilians in danger. Officer Sheskey
stated that immediately after he saw Jacob Blake drop the knife he holstered his weapon and
checked Jacob Blake for more weapons, finding none. Officer Sheskey then provided first
aid to Jacob Blake.
Summary of Officer Brittany Meronek’s Statement (See Attachment 2 for Full
Statement)
On August 25, 2020, DCI agents interviewed Officer Brittany Meronek at the DCI Milwaukee
Field Office. Present during the interview was a Kenosha Professional Police Association
Union Representative and two attorneys for Officer Meronek.
Officer Meronek stated that during her shift on August 23rd, she and Officer Sheskey as well
as Officer Arenas were dispatched to a family trouble call. The caller said a male subject at
the residence was not supposed to be there, had the caller's car keys and would not give
them back. They responded without lights and sirens to the call at 40th Street and 28th
Avenue. Officer Sheskey read the call notes to her. Dispatch stated they were on the line
with the caller who said the male was trying to leave. The caller provided a license plate on a
vehicle with an unknown state, and then the caller became uncooperative and hung up on the
dispatcher.
Officer Meronek stated that she parked the patrol car at a diagonal on 28th Avenue at the
corner of 40th Street on the west side of the street facing north. As soon as Officer Meronek
opened her squad car door, she was met by a female (later identified as Laquisha Booker)
who ran up to her and the two spoke at the rear of the squad. Laquisha Booker was frantic
and loud. She pointed at a male subject (later identified as Jacob Blake) who had walked
from the area of the adjacent building and towards an SUV parked behind the squad.
Laquisha Booker yelled, “He has my keys. He has my kids. My kids are in the car, and he
won’t give me my keys back.” Officer Meronek and Laquisha Booker observed Jacob Blake
close the back passenger side door of the SUV and Laquisha Booker stated loudly, “It’s too
hot for my kids. Get my kids out of the vehicle.”
Officer Meronek stated that while she was talking to Laquisha Booker, Officer Sheskey had
walked towards Jacob Blake. Officer Meronek observed that Officer Sheskey was attempting
to detain Jacob Blake and Jacob Blake was actively resisting. Jacob Blake pulled his arms
away from Officer Sheskey as Officer Sheskey attempted to gain control of them. Officer
Sheskey yelled loudly, “Stop resisting.” Officer Arenas had arrived and was with Officer
Sheskey. Officer Meronek ran to the SUV to assist them. Officer Meronek then described in
detail the physical struggle between officers and Jacob Blake (see full statement for all
details).
Officer Meronek stated that, during the struggle, Jacob Blake’s left arm was in his front
waistband or groin area and she feared that Jacob Blake was attempting to retrieve a
17

weapon from his front waistband area, but she was unable to physically control his left arm.
Officer Meronek described how Jacob Blake refused to comply with verbal commands and
how either Officer Arenas or Officer Sheskey fired their taser at Jacob Blake, but Jacob Blake
showed no effect from the taser. Officer Meronek stated that she used her police radio to call
dispatch and request more squads. Officer Meronek described how the physical struggle
continued, how Jacob Blake continued to ignore verbal commands and continued to resist
the officers’ attempts to physically restrain him. Officer Meronek described how either Officer
Sheskey or Officer Arenas tased Jacob Blake again. Officer Meronek stated that Jacob
Blake hunched over after the taser probes struck him, but, again, the taser seemed to have
little or no effect on him.
Officer Meronek stated that while Jacob Blake was hunched over and the taser was still
delivering the five second cycle, she approached him to try to gain control of him by pinning
him against the vehicle. As Officer Meronek engaged Jacob Blake, she observed that Jacob
Blake had a knife. Officer Meronek said that she yelled out to alert the other officers, “Knife!
Knife! He has a knife!” Officer Meronek stated that the blade on the knife was extended out.
Officer Meronek stated that the three officers all stepped back towards the sidewalk along
28th Avenue to distance themselves from Jacob Blake as they drew their firearms. The
officers then all began yelling the commands, “Drop the knife and show us your hands.”
Jacob Blake did not comply with or acknowledge the commands.
Officer Meronek stated that Jacob Blake moved to the front of the SUV, then turned and
walked across the front toward the driver side. Officer Sheskey and Officer Arenas both
followed behind Jacob Blake around the front of the SUV as Officer Meronek moved around
the back of the SUV. Officer Meronek stated that Jacob Blake reached the driver's door of
the SUV, and tried to enter the vehicle while officers yelled, “Show me your hands.” At that
time, Officer Meronek heard what she believed was four gun shots from the area of the
driver's door of the SUV. Officer Meronek did not see which officer fired his weapon but
recalled seeing Officer Sheskey in the open doorway of the vehicle, behind Jacob Blake who
was standing outside the vehicle with his upper body leaning into the vehicle. Officer
Meronek said she got on the police radio and called out to responding squads, “Step it up.
Shots fired. Shots fired.” Officer Meronek stated that after the shooting, officers laid Jacob
Blake flat on the ground on his back and began providing him medical aid.
Summary of Officer Vincent Arenas’s Statement (See Attachment 3 for Full Statement)
On August 25, 2020, DCI agents interviewed Officer Vincent Arenas at the DCI Milwaukee
Field Office. Present during the interview was a Kenosha Professional Police Association
Union Representative and two attorneys for Officer Arenas.
Officer Arenas stated that on August 23, 2020, he was on duty working second shift when he
was dispatched to a "family trouble" call around 5:00 pm. While driving to the address,
Officer Arenas recalled dispatch advising that the male associated with the address of the call
had a felony warrant. Dispatch stated something about children possibly being involved and
that the male was not giving the caller her keys back. Dispatch stated that the male subject
had left and the caller was uncooperative. After arriving on scene, Officer Arenas observed
18

Officer Sheskey and Officer Meronek speaking with individuals near a gray/silver SUV parked
on 28th Avenue.
Officer Arenas stated that as he was walking towards Officer Sheskey, he observed the male
that Officer Sheskey was talking to (later identified as Jacob Blake) attempting to walk away
from officers. Officer Arenas said that he walked to the front passenger side of the SUV in
Jacob Blake’s path of travel when Officer Sheskey went hands on and grabbed Jacob Blake
to stop him. Officer Arenas then described in detail the struggle between the officers and
Jacob Blake (see full statement for all details). Officer Arenas stated that all three officers
stepped in and tried to control Jacob Blake. At that time, Officer Arenas heard Officer
Meronek say, “He’s got a knife.” Officer Arenas said that he then observed the knife in what
he believed was Jacob Blake’s left hand near his groin area. Officer Arenas indicated that
the blade of the knife was open.
Officer Arenas stated that the officers created distance, stepping back, and gave numerous
orders similar to, “Drop the knife.” Officer Arenas stated that at that time one of the other
officers fired their taser. He believed it was Officer Sheskey who had done this. Jacob Blake
tensed up but did not fall to the ground and did not drop the knife. Officer Arenas stated that
he and Officer Sheskey attempted to control Jacob Blake, but he was actively resisting,
violently pulling and twisting to get away from the officers. Officer Arenas stated that all of
the officers continued to give verbal commands including, “Drop the knife,” and “Stop
resisting.”
Officer Arenas stated that he fired his taser with the probes making contact with Jacob
Blake’s upper torso, but it did not appear that the taser had any effect on Jacob Blake.
Officer Sheskey and Jacob Blake ended up both going to the ground with Jacob Blake still
actively resisting the officers. Officer Arenas pulled the trigger to his taser giving a second
five second cycle. The taser again appeared to have no effect on Jacob Blake. Jacob Blake
got up from the ground and began moving towards the front of the vehicle. The officers
continued to give verbal commands saying, “Drop the knife.” Officer Arenas stated that he
drew his firearm.
Officer Arenas stated that Officer Sheskey was behind Jacob Blake, moving around the front
of the SUV with his gun out. Officer Sheskey tried to grab Jacob Blake as he opened the
driver's door of the SUV. As Officer Arenas reached the outside of the opened driver's door,
with Officer Sheskey holding Jacob Blake’s shirt in the opened door, Officer Arenas said that
he observed Jacob Blake with the knife in his hand at chest level. The blade was pointed up
and Jacob Blake was twisting with his body partially angling towards Officer Sheskey. Officer
Arenas said at that moment he feared that Jacob Blake was about to stab Officer Sheskey.
Officer Arenas stated that he knew he had to stop him, but he did not have a clear shot due
to the positioning of the door and Officer Sheskey. Officer Arenas said that he felt helpless,
and feared that Jacob Blake would stab Officer Sheskey and there was no way for Officer
Arenas to stop him. Officer Arenas stated that if he had had a clear shot when Jacob Blake
raised his arm to chest level in the vehicle, he would have fired if Officer Sheskey was not in
the doorway.

19

Officer Arenas heard multiple gun shots. Officer Arenas stated that he believed that he called
out "shots fired" over the police radio after the shooting. Officer Arenas observed a knife on
the floorboard area of the driver's seat after the shots were fired. Officer Arenas stated that
the officers switched to providing medical aid to Jacob Blake.
Summary of Jacob Blake’s August 24, 2020 Statement (See Attachment 4 for Full
Statement)
On August 24, 2020 at approximately 4:00 pm, two DCI special agents interviewed Jacob
Blake at Froedtert Hospital in Milwaukee. It should be noted that this interview occurred less
than 24 hours after the shooting. Jacob Blake was severely wounded, still in need of
intensive medical treatment, and on pain medication.
During this interview, Jacob Blake stated that he had been staying with his girlfriend
(Laquisha Booker) at her house for approximately five days when they got into some type of
argument. Laquisha Booker was angry with him because he did not seem more upset when
he found out that she had been sleeping with the neighbor’s husband. Jacob Blake stated
that he didn't really care what she was doing because he was leaving Wisconsin and moving
to North Carolina to join his brother in a business he started. Jacob Blake had been cooking
some hot dogs for everyone when all of this started and he took Laquisha Booker’s car keys
and left to get some cigarettes from the store. When he came back a few minutes later, he
resumed grilling but Laquisha Booker was still upset with him so he decided that he was
going to leave because he did not want to deal with her. Jacob Blake stated that the only
reason why he spent time there was because his kids were there and he was celebrating his
child's birthday.
Jacob Blake stated that Laquisha Booker called the police on him and was telling the police
all about the sexual assault stuff. Jacob Blake stated that she made up the whole thing (the
sexual assault) and he wanted to deal with that stuff before he moved to North Carolina.
Jacob Blake stated that Laquisha Booker had just bought a vehicle and the rental car (the
gray Dodge Journey SUV) was supposed to go back the following day. Jacob Blake said that
he had been using the SUV to go back and forth to work. Jacob Blake stated that he works
armed security at a club in Illinois. Jacob Blake had Laquisha Booker’s keys and put his kids
in the back of the SUV. Jacob Blake started to walk towards the car so he could get out of
the area but the police then showed up before he could leave.
Jacob Blake stated that he had a knife in his possession and he dropped it on the ground
near the vehicle but he believes that the police did not see him dropping the knife. The
officers approached him and put their hands on him, and he just wanted to leave the area
with his kids. The officers tased him at least two times while he was trying to leave, but he
just tore out the wires and recalls that at some point he was tackled to the ground. He got up
and picked up his knife again. He wanted to put his knife away in the car because he said
the knife was a gift given to him and it meant a lot to him and he did not want to lose it. He
described his knife as a "Bear Claw."
After this point, DCI agents terminated the interview.
20

Summary of Jacob Blake’s August 25, 2020 Statement (See Attachment 5 for Full
Statement)
On August 25, 2020 at approximately 2:00 pm, the DCI agents returned to Froedtert Hospital
in Milwaukee to interview Jacob Blake. Before interviewing Jacob Blake, the agents asked
Jacob Blake’s doctor if he had been given anything like anesthesia that would prevent him
from talking to the agents. The doctor indicated that they had not given Jacob Blake any
anesthesia, but he was on pain medication which made him fall asleep intermittently;
however, this would not impair his cognitive abilities.
During this interview, Jacob Blake stated that he and Laquisha Booker had argued. Jacob
Blake stated that he had decorated the whole inside of the house for his son's birthday and
that is one of the reasons why he didn't want to go outside (and argue with Laquisha Booker
who was outside). The agents asked Jacob Blake if Laquisha Booker called the police and
Jacob Blake indicated that she did. The agents asked Jacob Blake why she called the police
and Jacob Blake stated, “She called the police because I wouldn't give her the keys back to
the rental car."
The DCI agents asked Jacob Blake what happened when the police showed up. Jacob
Blake said that the police tried to grab him by the arm. Jacob Blake stated that he grabbed
the top of the car to try to hold himself up if the police tried to bring him down. Jacob Blake
stated that the police tased him right away. Jacob Blake stated that when the police tased
him he ripped it out. Jacob Blake stated that the police told him not to do that (rip it out) and
they hit him again (with the taser) and he ripped those out and he tried to walk off.
Jacob Blake stated that he walked in front of his car (the SUV). The agents asked Jacob
Blake if he was carrying a knife. Jacob Blake stated, “Yeah, I had my knife." The agents
asked Jacob Blake if he had the knife in his hand or in his pocket. Jacob Blake stated, “It
wasn’t even open.” The agents asked Jacob Blake if he didn’t think the knife was open and
Jacob Blake said that he didn’t think it was. The agents asked Jacob Blake if he had the
knife with him and Jacob Blake stated, “Why would I pull a knife on a cop? What am I? A
knife thrower? I ain't going to pull no knife on no damn cop." Jacob Blake continued, "That's
just stupid. I just didn't want to…I just grabbed it, man, honestly." The agents asked Jacob
Blake why he grabbed it (the knife). Jacob Blake stated that he didn’t want to leave his knife
behind. Jacob Blake then said, “That instantly gives them a defense. ‘We shot him because
he had a knife.’ But I always got my knife." The agents asked Jacob Blake if it was a habit
that he always carried a knife with him. Jacob Blake stated that he did and that he carried a
knife for possums and raccoons. The agents asked Jacob Blake if he had the knife with him
the whole time. Jacob Blake stated that “it was on the floor…damn near under the car.”
Jacob Blake explained that when the police first grabbed him by the arm he took the knife out
of his pocket and dropped it. Jacob Blake stated, "I can't get in trouble for the knife, but I took
it out to get this shit away from me because it might get ugly. I see they already on bull shit.
They were trying to fuck me up and I was kind of like fuck that. I crawled to it and I grabbed
it." The agents asked Jacob Blake when he picked up the knife again and Jacob Blake
stated, "When he wrestled me around the car." Jacob Blake stated, "When I went around the
21

car the first time they were going to shoot me so I was trying to figure out what I was going to
do. I am a little dude."
The agents asked Jacob Blake why he wanted to go to the car. Jacob Blake replied that he
wanted to go to the car "because his kids were in there." The agents asked Jacob Blake why
the kids were in the car and Jacob Blake stated "because their Mom was about to fight the
neighbor." The agents asked Jacob Blake if all three of the kids were in the car and Jacob
Blake stated that his two oldest kids were in the car. The agents asked Jacob Blake where
the knife was by the time Jacob Blake got to the front door of the car. Jacob Blake stated, "It
was getting thrown." Jacob Blake stated that he was not going to throw the knife at the
police, just throw it in the car. Jacob Blake stated that he thought one of the police officers
tased him before he got in the car because the first gunshot was not loud. Jacob Blake
stated, “I know gun shots. I have been shot and I have been tased as well so this is not my
first time."
Towards the end of the interview, the agents asked Jacob Blake if he had any other
questions or if there was something that the agents should know. Jacob Blake stated, “They
didn't have to shoot me like that. I was just trying to leave and he had options to shoot my
tires and even punch me, tase me again, hit me with the night stick. I work armed security
and I have gotten into it with cats that are bigger than me and my first thing is, I grab my taser
first and then my baton.” The agents asked Jacob Blake why he didn't just say something to
the officers like, “Hey, I am going to give up." Jacob Blake stated, “Because he instantly
grabbed my hand and he was trying to put me in handcuffs and I am just like not in front of
my kids, not on my kid’s birthday." The agents asked Jacob Blake if he said that to the
officers and Jacob Blake stated, "No, I'm thinking that. I didn't say it." The agents asked
Jacob Blake if he told the police that those were his kids and Jacob Blake said yes and that
he told them when the police first got there, “I told them these are my kids and she is about to
start fighting over there. I’m trying to put my kids in the car.” The interview then ended.
Summary of Jacob Blake’s September 21, 2020 Statement (See Attachment 6 for Full
Statement)
On September 21, 2020, DCI agents interviewed Jacob Blake in the presence of his
attorneys and their investigator. Before the interview began, Jacob Blake was able to review
the DCI reports containing his prior statements with his attorneys. Jacob Blake’s attorney
indicated there were a few things that they wanted to clarify regarding the prior statements.
Jacob Blake’s attorney asked Jacob Blake if he was aware that the police had their guns
drawn on him while he was walking in front of the car. Jacob Blake replied that he did not
know that the police were behind him. Jacob Blake’s attorney asked Jacob Blake if he had
any idea that there was an arrest warrant out for him. Jacob Blake stated that he knew that
Laquisha Booker had made a complaint, but she later said that she did not, so he moved
back in. Jacob Blake further stated that he did not know that there was an arrest warrant for
him in the system.
Jacob Blake’s attorney asked Jacob Blake if Laquisha Booker had rented the car for him.
Jacob Blake replied that the car was for him as his car was in the shop and Laquisha Booker
22

had a different car. Jacob Blake stated that he had been using the car to go shopping for his
son's birthday party and to buy gifts and decorations for the party. Jacob Blake further stated
that Laquisha Booker had just purchased a new car. Jacob Blake’s attorney asked Jacob
Blake if he just wanted to leave when he loaded the kids in the car. Jacob Blake replied
affirmatively. Jacob Blake’s attorney asked Jacob Blake if he wanted to leave before the
police arrived. Jacob Blake replied that he wanted to leave and get in the car so the police
would not beat on him. Jacob Blake’s attorney asked Jacob Blake if he was trying to leave
the area. Jacob Blake stated that he was not going to get into a high speed chase with the
police because his kids were in the car and the police did not need to “kick his ass.”
Jacob Blake’s attorney stated that one of the reports said that Jacob Blake had taken his
knife and dropped it and he asked Jacob Blake to clarify that. Jacob Blake stated that the
knife fell out of his pocket. Jacob Blake’s attorney asked Jacob Blake where he was carrying
the knife. Jacob Blake stated that he was carrying the knife in his left pocket and he always
carried the knife in his left pocket. Jacob Blake stated that he did not realize that the knife
was out of his pocket until he saw it on the ground. Jacob Blake’s attorney asked Jacob
Blake what he intended to do with the knife. Jacob Blake stated that he just wanted to pick
up the knife and get rid of it so no one would look at him like he was going to use it and the
police would shoot him.
Jacob Blake’s attorney asked Jacob Blake why he was trying to get to the car. Jacob Blake
stated that his intention was to drop the knife in the car. Jacob Blake stated that he had no
intention to use the knife. Jacob Blake also stated that he did not brandish the knife. He did
not swing the knife. He did not point the knife at anyone, and he did not have any intention to
hurt anyone. DCI agents showed Jacob Blake a picture of the knife that had been recovered
from the floorboard of the SUV and Jacob Blake verified that that was his knife. DCI agents
asked Jacob Blake if he was carrying the knife when he was walking in front of the SUV, and
Jacob Blake said that he was carrying it in his left hand and he tried putting it in his left pocket
twice, but was not successful. DCI agents asked if Jacob Blake could recall if the blade was
open when he was trying to put the knife away in his pocket. Jacob Blake stated that he
doesn't remember if the knife was open, but believes that it was closed.
Jacob Blake then once again described the events that had occurred that day. Jacob Blake
stated that when the officer first approached him he was putting his oldest son in the car and
he was not paying attention to police. Jacob Blake stated that the officer did not say anything
to him and he did not know it was a police officer because the person did not identify himself
as a police officer. Throughout this statement Jacob Blake repeatedly said that the police did
not say anything to him. Jacob Blake stated the next thing he knew someone grabbed his
arm. Jacob Blake stated he did not know what was going on. Jacob Blake stated he recalled
being dragged down to the ground by multiple officers. DCI agents asked Jacob Blake if he
understood that an officer was trying to arrest him. Jacob Blake stated that he did not
understand what was going on because the person never said anything to him. Jacob Blake
stated that he realized the man was a police officer when the officer pushed Jacob Blake
against the SUV, but, again, the officer did not say anything to him. Jacob Blake stated that
all he could think of was his kids. Jacob Blake stated that he recalls also thinking, “It’s my

23

child's birthday. This can't be happening. They are probably watching.” Jacob Blake stated
that he felt very disappointed in the police because of what they were doing.
Jacob Blake then described his physical struggle with officers (see full statement for all
details). Jacob Blake stated that the officers were punching him, grabbing him by the hair,
and trying to slam him to the ground. Jacob Blake stated that he recalled thinking to himself,
"Here it goes. Here comes the Bull Shit!" DCI agents asked Jacob Blake what he meant by
the "Bull Shit." Jacob Blake explained that by that comment he meant that the "beating would
begin." DCI agents asked Jacob Blake if he meant that the officers would start beating him
physically. Jacob Blake replied affirmatively.
Jacob Blake stated that he was tased and he tore the prongs out. Jacob Blake stated that he
was tased in the chest area twice, back to back. Jacob Blake stated that he tore out the taser
because he just wanted to get out of there and all he was thinking about was his kids. Jacob
Blake stated that at that time he realized that they [the police] were trying to hurt him. DCI
agents asked Jacob Blake if it ever occurred to him to just stop and talk to the officers that
were trying to stop him. Jacob Blake stated that they never made it seem like they were
policing, since all they did was beat him and then tase him. Jacob Blake stated that he did
not understand why they tased him or why any of this was happening.
Jacob Blake described the physical struggle that continued with officers after he got tased.
Jacob Blake described how he and one of the officers both landed on the ground. Jacob
Blake stated they were basically giving each other a bear hug. DCI agents asked Jacob
Blake if he ever reached into his waistband. Jacob Blake stated he did not. DCI agents
asked Jacob Blake what he did after they both went to the ground. Jacob Blake stated that
he got up and started to walk away and he saw his knife on the ground so he picked it up and
decided that he wanted to put it back in his car. DCI agents asked Jacob Blake if he ever
heard anyone shout, "He has a knife!" or "Drop the Knife!" Jacob Blake stated that he never
heard anyone shout that.
Jacob Blake stated that he started to walk around the car. Jacob Blake stated that he only
intended to put the knife back in the car. Jacob Blake stated wanted to get the knife out of
there and that he did not want the knife to be part of anything that the police could say was
the reason why they could shoot him. DCI agents asked Jacob Blake to explain what he
meant by that. Jacob Blake stated that he meant that the police would say they are justified
in shooting him for having the knife. Jacob Blake stated that he recalls thinking to himself,
"Get in the truck or they are going to kill you."
Jacob Blake stated that as he was walking around the front of the SUV, he was carrying the
knife in his left hand and he tried putting it away in his left pocket twice but for some reason
he was not able to do so. DCI agents asked Jacob Blake if the knife was open or closed at
that time. Jacob Blake stated that he could not recall if the knife was open or closed. Jacob
Blake stated that he continued walking around the vehicle and tried to enter the car through
the front driver's side door. DCI agents asked Jacob Blake if he could tell if there were any
officers following him. Jacob Blake stated that he had no idea where the officers were as the
only thing on his mind was his kids, putting away the knife, and getting out of there. Jacob
24

Blake stated that he switched the knife to his right hand so he could open the door of the car
with his left hand and then tried to get in the car. DCI agents asked Jacob Blake what he was
thinking as he entered the vehicle. Jacob Blake stated that he wanted to put the knife in the
car and lock the door to keep the police out.
Jacob Blake stated that he opened the car door and he tried reaching in so he could put the
knife in the center console, but he felt his shirt being pulled. Jacob Blake stated that the knife
was in his right hand. DCI agents asked Jacob Blake if he did anything with the knife. Jacob
Blake stated that he did not point the knife at anyone; he did not swing the knife at anyone;
he did not make any forward motion towards anyone with the knife; and he did not raise the
knife towards anyone. Jacob Blake stated that he did not hold the knife in a way which could
be interpreted as being pointed towards anyone, especially the officer. DCI agents asked
Jacob Blake if he could recall if the knife was open or closed while he was attempting to get
in the car. Jacob Blake stated that he could not recall if the knife was open or closed.
Jacob Blake stated that the next thing he remembers is hearing shots being fired. Jacob
Blake stated that he understood that he had been shot because he had been shot before.
Jacob Blake stated that he believed that he was trying to get rid of the knife when he got shot
and didn't remember if he dropped it after the officer pulled his shirt or after he got shot.
Jacob Blake stated that the knife was on the floor of the vehicle. The interview then
concluded.

Factual Analysis
The Domestic Violence Context
Before examining the witness statements and other evidence in this case, I must begin with
the evidence that is missing. In spite of the best efforts of DCI investigators, they were
unable to sit down with and interview Laquisha Booker and her sister, TB, (who was also an
eyewitness) in detail. DCI was only able to speak with TB in the ER at Froedtert South in
Kenosha on August 23, 2020 at around 11:00 pm. TB had been brought to the hospital after
suffering a panic attack. She provided DCI some information about the incident as well as
some background information; however, she told the DCI agent she was too tired to continue
and ended the interview before the DCI agent was finished questioning her.
As for Laquisha Booker, a DCI agent was able to make contact with her within a couple hours
of the shooting, outside of her residence at 2805 40th St. The agent described the scene
during this time period as loud and hostile at times. The agent stated that he was able to
speak to Laquisha Booker in a series of brief interviews as he and Laquisha Booker were
continually interrupted. Laquisha Booker was able to provide a brief account of the incident
and what led up to it, but she eventually told the DCI agent that she had to attend to her
children and she was unable to make any further statements at that time.
Laquisha Booker is a very significant witness in this case. The video evidence shows that
Laquisha Booker had a close view of the physical struggle that was occurring around the
SUV. She was involved in the events preceding the arrival of the police, and she was, in fact,
25

the person who had called the police. In the days following this incident, DCI had some
contact with Laquisha Booker, but she put off their efforts to schedule an interview and
eventually agents were unable to contact her at all.
In the months following August 23, 2020, not only has DCI been unable to reach Laquisha
Booker, but Walworth County District Attorney Zeke Wiedenfeld had also been unable to
locate her. DA Wiedenfeld had been assigned to prosecute as a special prosecutor Kenosha
County Circuit Court File Number 20CF736. In that case, Laquisha Booker had reported to
officers of the Kenosha Police Department that on May 3, 2020, Jacob Blake had broken into
her residence at 2805 40th St. Laquisha Booker told police that Jacob Blake had sexually
assaulted her and then stolen her car keys and her vehicle and her debit card.
In that case, Jacob Blake was charged with Criminal Trespass, Domestic Abuse; Third
Degree Sexual Assault, Domestic Abuse; and Disorderly Conduct, Domestic Abuse. The
charges were filed on July 6, 2020 and a warrant was issued for Jacob Blake’s arrest. This is
the warrant for which police were attempting to arrest Jacob Blake on August 23rd. The trial
in that case was scheduled for November 9, 2020. As the victim, Laquisha Booker was an
essential witness at trial; however, leading up to trial DA Wiedenfeld could not locate her and,
as a result, the case was resolved on November 6, 2020 when Jacob Blake entered a plea to
reduced charges.
The absence of Laquisha Booker as a witness is very concerning; yet, it is in keeping with the
domestic violence context of this case. Laquisha Booker has called the police due to
domestic disputes with Jacob Blake numerous times over the last eight years. Laquisha
Booker has reported to police that Jacob Blake has hit her, choked her, and, most recently,
on May 3, 2020, that he sexually assaulted her. Four of these calls to the police have
involved in some way disputes over vehicles or keys to vehicles. According to a police report
from the Zion Police Department, in 2012, Laquisha Booker called the police to report that
Jacob Blake had domestically assaulted her. As the police responded, Jacob Blake wrestled
Laquisha Booker’s keys away from her, sped off in her car fleeing from police, and then
crashed her car.
In spite of this history, Laquisha Booker and Jacob Blake still share three children together,
and, based on an examination of the evidence from Jacob Blake’s cell phone, it appears that
he and Laquisha Booker were still in communication after the May 3rd domestic violence and
sexual assault allegations. As Laquisha Booker stated to the 911 dispatcher, she had
allowed Jacob Blake to be at her residence on August 23rd as they were celebrating their
son’s birthday.
Evaluation of Evidence at Any Trial
Though I lack a detailed statement from Laquisha Booker, the other evidence can still be
evaluated, and I do so in light of the nearly 30 years of experience I have as a trial lawyer.
To decide whether criminal charges are appropriate in any case, I cannot look at the
evidence in the light most favorable to the prosecution. I have to consider how the evidence

26

will be presented and attacked at the criminal trial of any of the involved officers. With that in
mind, the evidence strongly supports the following series of events:
1. Upon responding to this family trouble call, Officer Sheskey was attempting to arrest
Jacob Blake on a felony warrant after approaching Jacob Blake by the SUV as Jacob
Blake was placing a child in the back of the SUV.
o The radio and computer dispatch records show that the responding officers
were told that Jacob Blake had a felony warrant and that it was for domestic
violence offenses and a sexual assault. Officer Sheskey stated that when he
became aware of that warrant he knew he had to arrest Jacob Blake. This is
consistent with Kenosha Police Department policy where officers have no
discretion on whether to arrest someone with a warrant.
o Upon arrival, Officer Sheskey stated that he saw a male fitting Jacob Blake’s
description putting a child in the SUV. Officer Sheskey stated that he heard
Laquisha Booker yell, “It’s him! It’s him! He has my keys! It’s my car! It’s
registered to me!” Officer Sheskey stated that he heard Jacob Blake say, “I’m
taking the kid and I am taking the car.”
o Officer Meronek stated that she heard Laquisha Booker yell, “He has my keys.
He has my kids. My kids are in the car, and he won’t give me my keys back.”
o Witness MLS heard Laquisha Booker yell to police, “Here he is. Here he is.
He’s trying to take my kids and take my car!” Witness MLS stated that she saw
Jacob Blake putting his kids in the car.
o Jacob Blake stated that when the police officer first approached him he was
putting his son in the car.
2. There was a physical struggle between Jacob Blake and the responding officers.
During this physical struggle Officer Arenas and Officer Sheskey attempted to tase
Jacob Blake multiple times. Jacob Blake defeated those efforts by pulling out the
taser wires/prongs.
o The two cell phone videos from this investigation do not capture the whole
event as each of the people recording did not start doing so immediately upon
police arrival. When RW’s cell phone video does begin, the view of the involved
officers and Jacob Blake is obstructed as they are on the passenger side of the
SUV at that time. The view from MJ’s cell phone video does show the
passenger side, but the video is unsteady and frequently obstructed.
o Even without video evidence, the fact that the responding officers physically
struggled with Jacob Blake is established by the statements of all three officers,
multiple eye witnesses, and Jacob Blake himself.
o The fact that the responding officers used their tasers during the struggle is
established by the statements of Officer Sheskey and Officer Arenas who both
described using their tasers, by the statements of multiple eyewitnesses,2 and
by the statements of Jacob Blake who told investigators that the responding
officers tased him and that he twice ripped out the taser wires. This
corroborates Officer Sheskey’s statement that Jacob Blake broke the taser
2

Though a number of the eyewitnesses (including RW) incorrectly stated that the female officer tased Jacob Blake which is
not supported by the statements of officers or the physical evidence.

27

wires which is something Officer Sheskey had not seen anyone do before.
o The evidence collected on scene also shows there was a physical struggle
involving the use of tasers as DCI investigators recovered three taser prongs
and a taser cartridge on the ground east of the driver’s side door of the SUV.
Investigators recovered Jacob Blake’s hat and Officer Sheskey’s hat which
were found on the ground near the rear of the SUV. There were two taser blast
doors which were found on the ground near Jacob Blake’s hat and another
taser blast door found on the ground near Officer Sheskey’s hat. There was
also money scattered on the ground in this area to the rear of the SUV. A
fourth taser blast door was found on the passenger side of the SUV in the
grassy area between the street and the sidewalk.
3. During this struggle, Jacob Blake armed himself with a knife. The knife was open and
in his left hand as he walked around the front of the SUV.
o Not a single eyewitness told DCI investigators that they saw Jacob Blake with a
knife, but Jacob Blake has consistently acknowledged having a knife during this
incident. In his August 25th statement, Jacob Blake told investigators that when
the police first grabbed him by the arm he took the knife out of his pocket and
dropped it. Jacob Blake said that when he was on the ground he crawled for
the knife and grabbed it. Jacob Blake did state that he believed the knife was
unopened. In his September 21st statement, Jacob Blake still admitted having
the knife, but stated that he did not take it out of his pocket and drop it, but
rather it fell out of his pocket. Again in this statement, he said that he picked up
the knife before walking around the front of the SUV.
o After the shooting, DCI investigators recovered a knife from the driver’s side
floorboard of the SUV. When the knife was recovered the blade was out (the
knife was open). When shown a photo of this knife, Jacob Blake verified it was
his knife.
o RW’s cell phone video shows Jacob Blake with the open knife in his left hand
as he is walking around the front of the SUV. The size, shape, and color of this
knife match the open knife that was recovered from the driver’s side floorboard
of the SUV.
o All three of the involved police officers saw Jacob Blake with a knife in his hand
at various points during this incident. Their commands to Jacob Blake to “Drop
the knife!” can be heard on RW’s cell phone video.
4. Jacob Blake evaded officer’s attempts to arrest him, walked around the front of the
SUV, and was attempting to enter the driver’s seat of the SUV when Officer Sheskey
grabbed his shirt and then shot him seven times.
o MJ’s cell phone video shows Jacob Blake on the ground during the physical
struggle with officers. The view on the video is then obstructed, but Jacob
Blake can then be seen standing and walking around the front of the SUV.
Jacob Blake is no longer physically struggling with the officers; rather, Officer
Sheskey and Officer Arenas are several steps behind him, following him with
their guns drawn.
o RW’s cell phone video, though from a different point of view, similarly shows
28

Jacob Blake emerge from the passenger side of the SUV. At that point, the
officers distance themselves from Jacob Blake and Jacob Blake walks around
the front of the SUV followed by the officers. This video shows Jacob Blake
walk directly to the driver’s door of the SUV and open it.
o RW’s cell phone video shows Officer Sheskey lunging towards Jacob Blake as
Jacob Blake is opening the driver’s door. Officer Sheskey grabs Jacob Blake’s
shirt and, while behind Jacob Blake and still holding onto his shirt, Officer
Sheskey shoots Jacob Blake seven times.
o Seven gunshots can be clearly heard on RW’s cell phone video. DCI
investigators also recovered seven casings on scene. When examining Officer
Sheskey’s firearm, DCI investigators found it was still loaded with 10 bullets.
Officer Sheskey indicated that his firearm had contained 17 bullets when he
began his shift that day further corroborating that there were seven shots fired.
o Finally, this series of actions is corroborated by the statements of the involved
officers, multiple witnesses, and Jacob Blake.
Evaluation of Evidence at Any Trial: Jacob Blake’s Knowledge of the Arrest Warrant
While the above series of events is well-established by the evidence, much more difficult to
prove is what the involved individuals knew, what they perceived, and their states of mind.
For instance, there is no question that Jacob Blake physically resisted officers, but, in his
September 21st statement, Jacob Blake stated that when Officer Sheskey approached him
and grabbed his arm, he did not understand what was going on. Jacob Blake stated that the
officers were punching him, grabbing him by the hair, and trying to slam him to the ground.
Jacob Blake stated that they never made it seem like they were policing and all they did was
beat him and then tase him. According to Jacob Blake’s account, he was not trying to resist
arrest, but was trying to protect himself and stop officers from beating him. Jacob Blake also
indicated that he was attempting to get into the SUV as a place of safety from the police who
were beating him, not to flee. In contrast, according to the accounts of the involved officers,
Jacob Blake was aggressively and successfully resisting arrest. He had even overcome
multiple attempts to subdue him with tasers, and they feared that he would flee in the SUV.
How will this discrepancy in the evidence be resolved at trial? In considering this question,
Jacob Blake’s knowledge about whether there was a warrant for his arrest becomes
significant. The responding police officers knew there was an arrest warrant, but did Jacob
Blake? This matters because if Jacob Blake knew there was an arrest warrant, then his
claims of not understanding what was going on or what the police were doing are far less
believable. If Jacob Blake knew there was an arrest warrant, he had a motive to resist the
police and to flee the scene.
Jacob Blake specifically told DCI investigators in his September 21st interview that he did not
know there was an arrest warrant for him in the system. Officer Sheskey stated that when he
walked up to Jacob Blake and grabbed his arm, that he told Jacob Blake that he had a
warrant; however, Jacob Blake claims that Officer Sheskey said nothing to him. There is no
audio recording to resolve this factual dispute. What we do have is evidence recovered from
a search of Jacob Blake’s cell phone:
29

o On July 14, 2020, Jacob Blake sent Laquisha Booker the following text, “Just tell him
you don’t remember what you said and you would like to drop the charges.”
o Several hours later, Jacob Blake sent Laquisha Booker another text, “[I]f I’m willing to
take them to the park and I got a whole arrest warrant you can’t tell me that you can’t
get up and take them to a park….I rather take the chance.”
o Jacob Blake’s internet history on his cell phone shows that on August 7, 2020 and
again on August 9, 2020, he looked up his pending warrant case in online court
records.
Contrary to what Jacob Blake told DCI investigators, the evidence from his phone shows that
he knew there were pending charges and a warrant for his arrest as early as July 14th and he
would have seen that that warrant was still in place as late as August 9th. At any trial, this
evidence would be used to disprove Jacob Blake’s claim that he did not know about his arrest
warrant which in turn would call into question his account of the physical confrontation with
the police as well as his stated reason for attempting to get into the driver’s seat of the SUV.
Evaluation of Evidence at Any Trial: Jacob Blake’s Intentions with the Knife
A similar analysis must be done regarding Jacob Blake’s intentions with the knife. There is
no question that during his struggle with the police Jacob Blake armed himself with a knife,
but what were his intentions in doing so? In his August 25th interview, Jacob Blake stated the
following about his knife: “Why would I pull a knife on a cop? What am I? A knife thrower? I
ain't going to pull no knife on no damn cop." Jacob Blake continued, "That's just stupid.”
Jacob Blake stated that he wasn’t going to throw the knife at the police, just throw it in the
car. In his September 21st interview, Jacob Blake stated that the knife fell out of his pocket.
He stated that he picked it up, but only to put it back in the car. He emphasized that he never
swung the knife or raised it towards anyone, and he was only intending to put it away in the
car.
In contrast, in the moment before the shooting when Officer Sheskey was holding on to
Jacob Blake’s shirt and Jacob Blake was leaning into the car, Officer Sheskey stated that he
saw Jacob Blake turn his torso from right to left towards him. Officer Sheskey stated that he
saw that the knife was in Jacob Blake’s right hand, that it was under Jacob Blake’s chest and
coming towards Officer Sheskey under Jacob Blake’s left arm. Officer Sheskey stated that
Jacob Blake's left shoulder came up slightly and his right shoulder dipped underneath and the
knife was moving towards Officer Sheskey. Officer Sheskey stated that for the first time
Jacob Blake showed intent to harm by driving the knife towards Officer Sheskey's torso.
Officer Sheskey stated that he feared Jacob Blake was going to stab him with the knife but
knew that he could not retreat because the child was in the car and could be harmed, taken
hostage, or abducted. Officer Sheskey stated that for all of those reasons, he discharged his
firearm towards Jacob Blake.
Officer Arenas stated that he too saw Jacob Blake turn his body. Officer Arenas said that he
observed Jacob Blake with the knife in his hand at chest level. Officer Arenas stated that the
blade was pointed up and Jacob Blake was twisting with his body partially angling towards

30

Officer Sheskey. Officer Arenas said at that moment he feared that Jacob Blake was about
to stab Officer Sheskey.
The officers’ statements are neither proven nor disproven by RW’s cell phone video. The
screenshot below shows the moment before Officer Sheskey fired:

Jacob Blake is leaning forward so his head cannot be seen. His right hand also cannot be
seen due to the door, and any view through the window is blocked by Officer Arenas. Clearly
both officers were positioned to see Jacob Blake twist his torso and move the knife towards
Officer Sheskey, if that did indeed occur, but the car door and the positioning of Officer
Arenas prevent the video from capturing any such movement.
There are two eye witnesses who told investigators that they saw Jacob Blake turn his torso
in the moment before he was shot. Witness, DC, spoke to agents from DCI. DC was on his
front porch to the south and across the street (28th Ave.) from where the SUV was parked.
DC stated that just before he heard the shots he observed Jacob Blake trying to get in the
car. DC stated that he saw Jacob Blake twist his torso towards the officer from right to left,
then heard the shots. DC described Jacob Blake’s motion as sudden and rapid. Witness,
AH, spoke to agents from the FBI. AH was in front of her residence to the north and across
the street (28th Ave.) from where the SUV was parked. AH stated that she saw Jacob Blake
walking very fast around the street side of the car. He opened the car door. A police officer
31

was behind him. The police officer pulled at Jacob Blake’s shirt. Jacob Blake turned slightly
and then the police officer started shooting. Unlike RW’s vantage point as he was recording
with his cell phone, both DC and AH were viewing the incident from an angle rather than
virtually straight-on.
Officer Sheskey’s and Officer Arenas’s assertion that Jacob Blake twisted his body, thereby
moving his right hand which was holding the knife towards Officer Sheskey, also finds
support in the physical evidence. DCI obtained hundreds of pages of Jacob Blake’s medical
records as well as medical imaging. DCI investigators also questioned Jacob Blake’s
surgeon to gain a greater understanding of the injuries Jacob Blake suffered. However, as
the surgeon explained, his job is to treat patient injuries. He is not trained in forensics, and
so he could not tell investigators which of Jacob Blake’s wounds were entrance wounds from
gunshots and which were exit wounds from gunshots. To gain a greater understanding of the
medical evidence, DCI agents consulted with Dr. Brian Peterson who is Milwaukee County’s
Chief Medical Examiner. Dr. Peterson agreed to review Jacob Blake’s medical records. A
series of illustrations were created, in consultation with and reflecting the opinions of Dr.
Peterson, showing the approximate locations of the gunshot entrance wounds to Jacob
Blake. There are three gunshot entrance wounds to Jacob Blake’s lower right back. There is
another gunshot entrance wound to Jacob Blake’s lower left back. The other three gunshot
entrance wounds are to Jacob Blake’s left flank (side):

3Pmnary
Entrance
WOlfldS
totheSide

3Primary
Entrance
Wounds

That there are three entrance wounds to Jacob Blake’s left side is consistent with Officer
Sheskey’s and Officer Arenas’s statement that Jacob Blake twisted his body, moving his right
hand with the knife towards Officer Sheskey. A movement of this sort would have exposed
Jacob Blake’s left side to Officer Sheskey when Officer Sheskey made the decision to shoot.
32

This physical evidence is not definitive, and we have no way of knowing in what order Jacob
Blake suffered these seven entrance wounds; however, the fact that Jacob Blake was not
shot seven times in the back, that three of the shots were to his left side, does provide some
support for Officer Sheskey’s and Officer Arenas’s accounts.
At a criminal trial, then, there would be conflicting testimony regarding Jacob Blake’s
intentions with the knife. Jacob Blake’s claim of innocent intent, his claim that he was only
trying to put the knife away in the car, his claim that he did not swing the knife or raise it
towards anyone, his adamant claim that he would not pull a knife on a police officer, would be
challenged. Jacob Blake’s claims would be challenged based on the conflicting statements
of the officers and other witnesses and based on the physical evidence. Jacob Blake’s
claims would also, almost certainly, be challenged based on allegations of his prior conduct
because, in 2010, Jacob Blake was alleged to have attacked a police officer with a knife while
resisting police.
According to a report from the Cook County Sheriff’s Police Department, on August 5, 2010
at 12:40 am in Des Plaines, IL, Jacob Blake was in a vehicle that had been stopped by the
Cook County Sheriff’s Police Department. There were three occupants in the vehicle
including Jacob Blake. During the traffic stop, Jacob Blake and the other passenger exited
the vehicle and approached the officer who had conducted the traffic stop, Officer Murphy.
Officer Murphy ordered Jacob Blake and the other passenger to get back inside the vehicle,
but they refused. Officer Murphy drew his weapon and Jacob Blake and the passenger
retreated back inside the vehicle as backup arrived. After the backup officer arrived, Jacob
Blake again exited the vehicle. Both officers attempted to secure Jacob Blake and a struggle
ensued. Jacob Blake became combative and attempted to resist. As one of the officers
struggled to maintain control of Jacob Blake’s right hand, Jacob Blake reached near his
waistline with his left hand and produced a buck knife with a three inch blade with the blade
open. Jacob Blake then slashed at the officer with the knife across the chest without making
contact as the officer jumped back shouting, “knife, knife, knife,” to alert Officer Murphy. Both
officers moved back and unholstered their firearms. Jacob Blake began to wave the knife
around in a slashing motion with the knife in his right hand. Jacob Blake advanced towards
the officers while shouting, “Come on and shoot me then.” More officers arrived and one of
the arriving officers gave Jacob Blake verbal commands to drop the knife. Jacob Blake
refused to drop the knife and was subsequently tased. Even after being tased, Jacob Blake
actively resisted as officers attempted to place him in custody. Jacob Blake was tased again
and the officers were able to take him into custody.
Jacob Blake’s motive to resist police and his motive to flee the scene as well as his intentions
with the knife would be critical factual issues at the criminal trial of any of the officers involved
in this case. It is hard to be certain what Jacob Blake’s true intention with the knife was on
August 23, 2020, but it is a virtual certainty that at a criminal trial in this case, Jacob Blake, as
a witness, would be confronted with the allegations of his prior actions with a knife towards
law enforcement officers on August 5, 2010. Just as it is a virtual certainty that at any
criminal trial Jacob Blake, as a witness, would be confronted with his false statement to DCI
investigators claiming he was unaware of the arrest warrant. Because that would be the
reality of a criminal trial in this case, I must include it in my factual analysis of the case and in
33

my consideration of whether criminal charges are legally appropriate. Based upon the above
evidence, any defense attorney would certainly argue that Jacob Blake’s credibility was
suspect and that the most likely inference from the facts is that Jacob Blake intended to harm
Officer Sheskey with the knife.

Legal Analysis
The Law of Self-Defense and Defense of Others
There is no question that Officer Sheskey intentionally shot Jacob Blake. The question is
whether, based on the evidence, Officer Sheskey’s actions were privileged under the law by
the right of self-defense and defense of others. See Wis. Stats. § 939.48(1) and (4). Any
criminal charge against Officer Sheskey would be countered with these affirmative defenses,
and the State would then be required to convince a jury beyond a reasonable doubt that
Officer Sheskey did not act lawfully either in self-defense or defense of others.
The law of self-defense as it would be given to a jury in this case is set forth in Wisconsin
Criminal Jury Instruction 805. According to that instruction:
The law of self-defense allows the defendant to threaten or intentionally use force
against another only if:




the defendant believed that there was an actual or imminent unlawful
interference with the defendant's person; and
the defendant believed that the amount of force the defendant used or
threatened to use was necessary to prevent or terminate the interference; and
the defendant's beliefs were reasonable.

The defendant may intentionally use force which is intended or likely to cause death or
great bodily harm only if the defendant reasonably believed that the force used was
necessary to prevent imminent death or great bodily harm to himself.
In determining whether the defendant’s beliefs were reasonable, the jury would be instructed
that a belief may be reasonable even though it is mistaken and the standard is what a person
of ordinary intelligence and prudence would have believed in the defendant's position under
the circumstances that existed at the time of the alleged offense. The reasonableness of the
defendant's beliefs must be determined from the standpoint of the defendant at the time of
the defendant's acts and not from the viewpoint of the jury now.
When evaluating the actions of a police officer who was acting in his professional capacity, the
reasonableness of the defendant’s actions ought to be judged from the standpoint of an
ordinary, prudent, and reasonably intelligent person in the officers’ position, having the
knowledge and training that the officer possessed and acting under the circumstances that
existed at the time.

34

The United States Supreme Court in Graham v. Conner, 490 U.S. 386 (1989), cautioned that
in judging the reasonableness of a particular use of force, the focus must be on “the
perspective of a reasonable officer on the scene, rather than with the 20/20 vision of
hindsight.” Id. at 396. The Court stated: “The calculus of reasonableness must embody
allowance for the fact that police officers are often forced to make split-second judgments—in
circumstances that are tense, uncertain, and rapidly evolving—about the amount of force that
is necessary in a particular situation.” Id. at 396-97.
Other courts have issued similar guidance: “[W]e must avoid substituting our personal notions
of proper police procedure for the instantaneous decision of the officer at the scene. We must
never allow the theoretical, sanitized world of our imagination to replace the dangerous and
complex world that policemen face every day. What constitutes ‘reasonable’ action may
seem quite different to someone facing a possible assailant than to someone analyzing the
question at leisure.” Smith v. Freland, 954 F.2d 343, 347 (6th Cir. 1992); see also Menuel v.
City of Atlanta, 25 F.3d 990, 997 (11th Cir. 1994) (“[T]he decision to shoot can only be made
after the briefest reflection, so brief that ‘reflection’ is the wrong word…Reconsideration will
nearly always reveal that something different could have been done if the officer knew the
future before it occurred. This is what we mean when we say we refuse to second-guess the
officer.” (internal citations omitted)).
A person is privileged to defend another person under the same conditions and by the same
means as those under and by which the person is privileged to defend himself. See Wis.
Stats. § 939.48(4).
In a criminal case, once “some evidence” of either of the above privileges is present (which it
certainly would be if criminal charges were issued in this case), the burden is on the State to
prove beyond a reasonable doubt that the defendant’s conduct was not privileged.
In other words, in order to achieve a conviction, the State would have to prove beyond a
reasonable doubt that the defendant did not act lawfully in self-defense or defense of others.
Basis of Decision
My decision whether or not to issue criminal charges is based on my almost 30 years of
experience as a prosecutor. I approach this case and apply the same standard based on the
facts and the law as I would when considering criminal charges in any matter, and I am guided
and informed by the ethical duties imposed by the Wisconsin Supreme Court and the American
Bar Association. A prosecutor should refrain from prosecuting a charge that the prosecutor
knows is not supported by probable cause. SCR 20:3.8(a). The ABA Standards for Criminal
Justice Relating to the Prosecution Function, Standard 3-4.3 provides in part that “[a]
prosecutor should seek or file criminal charges only if the prosecutor reasonably believes…that
admissible evidence will be sufficient to support conviction beyond a reasonable doubt.” See
also Thompson v. State, 61 Wis. 2d 325, 330 (Wis. 1973) (“[I]t is an abuse of discretion to
charge when the evidence is clearly insufficient to support a conviction.”).

35

I have also been assisted in my decision by the report prepared by Noble Wray. Before I
reached any determination, I wanted someone with expertise in use of force decisions by law
enforcement to evaluate the officers’ actions in this case. I also wanted this expert to be
independent, someone who would be able to evaluate this case impartially and without even
the appearance of bias. As a result, I requested that the Wisconsin Attorney General’s Office
choose the expert. They chose Noble Wray, a person I had never met or spoken with before
he agreed to weigh-in on this case. Noble Wray is eminently qualified for this role. He has
worked in the law enforcement field for 37 years and was the Chief of Police for the City of
Madison for 10 years. He has also been involved in police reform at the national level where
questions about police use of force are paramount. As detailed below, the opinions and
conclusions of Noble Wray have aided considerably my analysis of whether the involved
officers, particularly Officer Sheskey, acted reasonably in self-defense under the
circumstances that existed at the time of this incident.
Application of the Law to the Facts
On August 23, 2020, Officer Sheskey was on duty in full uniform having arrived on scene in a
marked squad car that was parked within feet of the gray Dodge SUV where the struggle
occurred and clearly within view of Jacob Blake and all other persons in the immediate area.
Officer Sheskey knew he was responding to a domestic disturbance call where a woman was
reporting that the father of her children, Jacob Blake, had taken her keys and was attempting
to leave in her car. Officer Sheskey knew that Jacob Blake had a felony warrant. Officer
Sheskey also knew that this warrant involved domestic violence related offenses and a
sexual assault.
Pursuant to department policy, when a Kenosha Police Officer comes in contact with a
person who has a valid warrant out for their arrest, the police officer must take that person
into custody on the warrant. See Kenosha Police Department Policy and Procedure 1.8.
Pursuant to Wisconsin law, it is a crime for a person to resist a lawful arrest. See Wis. Stat. §
946.41. And so, Officer Sheskey was obligated to take Jacob Blake into custody and Jacob
Blake was obligated to comply. But that is not what Jacob Blake chose to do. Knowing he
had a warrant, he chose to resist.
As Noble Wray points out in his report, when confronted with this resistance, Officer Sheskey,
Officer Arenas, and Officer Meronek used every intervention option on the use of force
continuum, meaning that they initially tried to physically control Jacob Blake without resorting
to weapons by using physical counter measures against Jacob Blake’s resistance. When
that did not work, Officer Sheskey and Officer Arenas progressed up the use of force
continuum by using their tasers in an attempt to gain physical control of Jacob Blake and take
him into custody. At this point, Jacob Blake took the extreme step of twice ripping out the
taser probes and wires. This was so unusual that Officer Sheskey had never seen anyone
do that before and so the efforts by Officer Sheskey and Officer Arenas to control Jacob
Blake by use of their tasers was ineffective. Meanwhile, Jacob Blake had armed himself with
the knife that he had in his left shorts pocket. It was only at this point, after physical counter
measures and attempts to tase did not work and after officers saw that Jacob Blake was

36

armed with a knife, that all three officers drew their firearms raising the possibility of the use
of deadly force.
But even at this point, none of the officers fired a shot. Instead, as Noble Wray also noted, all
three officers, after drawing their firearms, created distance from Jacob Blake. Consistent
with their training they created this distance to give themselves options, the chance to
attempt a dialogue with the armed person and possibly deescalate the situation. Still, Jacob
Blake did not submit to their lawful efforts to arrest him or to their orders to drop the knife.
With knife still in hand he walked around the front of the SUV towards the driver’s door
closely followed by Officer Sheskey and Officer Arenas who both had their firearms pointed
towards him.
As a result of Jacob Blake’s actions, Officer Sheskey was confronted with a choice. In the
context of a domestic disturbance, would he allow an armed man with a felony warrant who
had just forcefully resisted arrest the opportunity to flee in a vehicle he did not have
permission to operate with at least one child in the back? Officer Sheskey decided he had no
choice but to physically re-engage with Jacob Blake in an effort to prevent that. Noble Wray
found Officer Sheskey’s analysis reasonable, and I agree.
The possibility that Jacob Blake would flee in the SUV causing officers to have to pursue him
and the dangers that presented to the children in the vehicle and to the public are not
hypothetical. As noted above, Jacob Blake had previously fled from police in a car that he
had taken from Laquisha Booker without her consent and crashed it. While the officers on
scene could not have known this, they certainly would have been generally aware of the
dangers of fleeing. In the months before this incident, first in April of 2020 and then in July of
2020, two police vehicular pursuits in Kenosha County ended in horrific crashes and the
deaths of the fleeing drivers.
The context matters and, here, officers were dealing with a domestic disturbance and they
were attempting to arrest a man who had a warrant for domestic violence offenses and
sexual assault and who had resisted arrest, physically struggling with officers and defeating
officers attempts to apprehend him with a taser three times. Most significantly, the officers
were attempting to prevent this man from taking a car that did not belong to him with at least
one child inside. It is true that the police were not aware at the time exactly how many
children were in the car and whose they were, and it is true that the children in the car were
actually Jacob Blake’s, but, as Noble Wray stated, those unknowns make little difference
because most children who are abducted are taken by a family friend or parent.
When Officer Sheskey reasonably decided that he could not allow Jacob Blake to get into the
SUV and flee, that meant that Officer Sheskey would have to try to physically stop him and to
do so Officer Sheskey would have to put himself in close proximity to Jacob Blake. Noble
Wray described the situation saying, “P.O. Sheskey was literally holding on to Jacob Blake’s
shirt, and Jacob Blake had a knife in his hand, actively resisting, attempting to get into the
vehicle.” Noble Wray concluded that, “regardless if Jacob Blake drove the knife forward or
not, a reasonable officer could view himself as being in imminent danger” in this situation.

37

In his statements, Jacob Blake claimed that he had no intention of harming any police officers
with the knife and he was just trying to put it away. As noted above, a jury would have
reason to question the truthfulness of that statement. Blake would be subject to lengthy
cross examination about the past incident, described above, where he is alleged to have
slashed at an officer with a knife. Officer Sheskey and the other officers had to judge Jacob
Blake’s intentions on what they had observed—a man who was fiercely resisting their every
attempt to take him into custody, a man who had disregarded verbal commands, who had
physically ripped the prongs/wires out of two tasers, and who had armed himself with a knife
that he refused to relinquish. The questions any jury would ask would include…If he didn’t
intend to use the knife why not drop it? If he didn’t intend to use the knife why was the blade
open? Even Jacob Blake acknowledged in his August 25th statement to DCI investigators
that the fact that he grabbed his knife “instantly gives them a defense. ‘We shot him because
he had a knife.’”
With these facts, the State could not prove, beyond a reasonable doubt, that Officer
Sheskey’s belief that there was an actual or imminent unlawful interference with his person
was unreasonable. Having reached this conclusion, the only aspect of the use of force in this
case left to address is whether Officer Sheskey’s use of force was excessive, that is, whether
it was unreasonable for Officer Sheskey to believe that the force he used was necessary to
prevent imminent death or great bodily harm either to himself or others.
In his report, Noble Wray explains the concept of proportionality: “[P]roportionality requires
that the officer applies the correct amount of force. The question here is, was the amount of
force excessive or not enough on the part of the officers? These two extremes can create
unsafe outcomes for all involved. The objective for officers is to fall within an acceptable
range for the amount of force. The guidance for the acceptable range is, was the amount of
force used objectively reasonable?” Noble Wray concluded that the amount of force used by
Officer Sheskey was within the acceptable range.
Before reaching this conclusion, Noble Wray analyzed in detail the question of, “Why so
many shots?” The shooting of Jacob Blake has drawn national attention with many members
of the public asking the same thing. Once police officers decide that they need to utilize their
firearms (deadly force) in a use of force situation, they are trained to continue shooting until
they “stop the threat.” The purpose is not to wound or kill, but these tragic results sometimes
occur. Noble Wray explained in his report that, “officers are trained to continue shooting until
the perceived threat is stopped. Specifically, the officer is looking for the subject to stop
advancing, drop the weapon, or stop struggling. The officer must use all his senses, what he
hears, sees, and physically feels, to perceive the threat has stopped and then translate what
he perceives into a physical reaction to stop shooting.” Noble Wray indicated that according
to studies, the time it takes for an officer to perceive that a threat has stopped and to stop
shooting generally ranges from 0.7 to 1.5 seconds. In that time an officer may fire 1 or 2
additional rounds. Here, Officer Sheskey fired seven rounds in just over 2.5 seconds. Officer
Sheskey stated that he stopped firing when he saw Jacob Blake drop the knife. The knife
was found by investigators on the driver’s side floorboard of the SUV. Officer Sheskey’s
firearm initially contained 17 rounds so there were 10 remaining rounds when he stopped

38

shooting. Clearly, then, he made a volitional decision to stop shooting and didn’t simply stop
when he ran out of ammunition.
Many people will still adamantly believe that seven shots at such close range were excessive,
but that is not the standard. The standard is whether the State can prove, beyond a
reasonable doubt, that Officer Sheskey’s belief that the force he used was necessary to
prevent imminent death or great bodily harm either to himself or others was unreasonable.
Officer Sheskey’s decision making regarding the number of shots he fired appears consistent
with the training that Noble Wray outlined. As a policy matter, persons could make vigorous
efforts to change police training; however, a prosecutor could not go into a courtroom and
argue that standard police training was unreasonable beyond a reasonable doubt.
The facts that are the most important to my determination are that officers were responding to
a domestic disturbance. They were attempting to arrest Jacob Blake because he had a
felony arrest warrant for domestic violence offenses and a sexual assault. Jacob Blake was
armed with a knife and, after vigorously resisting the lawful arrest, he appeared to be
attempting to flee in a vehicle that police had been told he did not have permission to operate
and which had at least one child in the back. All of the decisions made by the officers on
scene, particularly Officer Sheskey, were made based on these facts. Just like the millions of
people who watched the cell phone video of this shooting in the hours that followed, not a
single eye witness who was cooperative with DCI’s investigation was aware of all of these
facts and many of the eye witnesses were aware of none of them. Yet the decision whether
to issue criminal charges must be based on these facts because under the law of selfdefense, what matters is what the accused reasonably believed under the circumstances that
existed at the time of the alleged offense and the reasonableness of the accused’s beliefs
must be determined from the standpoint of the accused at the time of his acts. So, Officer
Sheskey’s actions must be judged from the standpoint of a reasonable police officer
confronted with the above circumstances.
For these reasons and based on all the facts and circumstances in this case, I do not believe
the State could prove, beyond a reasonable doubt, that Officer Sheskey was not acting
lawfully in self-defense or defense of others. As a result, I cannot ethically issue criminal
charges against him.
Much of my legal analysis has centered on Jacob Blake’s decisions. Some might view that
as illegitimate and suggest that I should focus solely on Officer Sheskey’s decision to shoot
Jacob Blake and by not doing so I am shifting the blame for Officer Sheskey’s decision onto
Jacob Blake. I want to stress that in honing in on Jacob Blake’s decision making, I am not
attempting to shift the blame and I am certainly in no way suggesting that Jacob Blake
somehow “deserved” to be shot. I focus on Jacob Blake’s decisions because at each step
along the way, his decisions shaped the encounter, impacting how the officers reacted and
the level of force they used.
It is a dangerous job being a police officer. For decades police officers have kept themselves
safe by issuing commands that were complied with. When people abide by the commands of
police officers those officers can feel assured of their safety even in situations that may
39

otherwise be dangerous. Conversely, when people do not obey the commands of police
officers, and most acutely when persons are also armed, those officers are placed in fear for
their safety. Again, this fear is not hypothetical. Just over two weeks before Officer Sheskey
shot Jacob Blake, a Kenosha Police Officer was shot while on duty making a routine
investigatory stop in a situation that seemed in no way particularly dangerous until the man
resisted the officer to prevent his arrest on a warrant. Jacob Blake’s decisions to disregard
the lawful commands of police officers and resist, while actively armed, matter because those
decisions put the officer in reasonable fear for his safety.

Conclusion
Based on the facts and the law, I have decided not to issue criminal charges against Officer
Sheskey, Officer Meronek, or Officer Arenas. This decision was by no means easy. As I
conclude, I must return to the question of domestic abuse. Every day in the United States, on
average, there are over 2,000 instances of domestic violence reported to the police.3 Victims
of domestic violence call police to prevent the abuse, to stop the violence, to protect their
children, and, sometimes, to save their lives. It is impossible to calculate how many lives
have been saved because domestic violence victims have been able to grab hold of their cell
phones and dial 911.
As I render this decision, I think about the thousands of domestic violence victims who will
call the police today and I wonder what response they will receive. Are they calling in
bystanders who will be there to witness and document the violence, but not to stop it? The
officers responding to this domestic disturbance call on August 23rd could not just watch as
an armed man with a felony warrant for domestic violence offenses and sexual assault
appeared to be about to flee in a vehicle that the complainant said he was not allowed to
drive and which contained at least one child. Independent use of force expert, Noble Wray,
who is a national figure in police reform, found that Officer Sheskey’s decision not to retreat
but to re-engage was reasonable. Police must be willing to put themselves in harm’s way,
otherwise offenders who are the most quick to resort to violence would also be the least likely
to be apprehended. In the domestic violence context, where police are the last line of
defense, that cannot stand.
Noble Wray wrote that when he first saw this officer-involved shooting in media reports he
had major concerns. However, based on the information he was able to review from DCI’s
investigation, he came to the conclusion that the use of force by Officer Sheskey during his
encounter with Jacob Blake on August 23, 2020 was justified, in keeping with Wisconsin Law,
in keeping with the Kenosha Police Department’s use of force training and policy, and widely
3

Reaves, Brian A., U.S. Department of Justice – Bureau of Justice Statistics, Special Report: Police Response
to Domestic Violence, 2006-2015 (On average, there are over 1.3 million nonfatal domestic violence
victimizations per year in the United States. Of those, 56% are reported to police, totaling approximately
732,839 that are reported to police on average annually; thus the average daily total of nonfatal domestic
violence victimizations reported to police is over 2,000.).
www.bjs.gov/content/pub/pdf/prdv0615.pdf

40

accepted law enforcement use of force standards. Nevertheless, Noble Wray noted that the
policing field must continue to focus on the sanctity of human life in dealing with deadly force.
We should all be fully aware that, as Noble Wray stated earlier in his report, African
Americans are disproportionately impacted by deadly force encounters.
I share Chief Wray's concerns and I know that this decision may be met with anger and
outrage. Much of this anger will arise from the long history in our country of racial injustice, of
systemic racism that has become embedded in our institutions including the criminal justice
system and has influenced how communities of color are policed and prosecuted. I do not
deny that reality, but I am tasked with making a decision in a particular case based on the
facts in front of me, and I do not believe those facts support criminal charges under the law.
To issue criminal charges under these circumstances, not because this particular case
supports them, but because of public outrage, or racial injustice, or because other police
officers, in other places, and at other times have engaged in brutality and violated the law
with impunity is not justice. I know that my conclusions will be subject to great scrutiny, and I
invite the Wisconsin Attorney General's Office, or other appropriately designated agency, to
conduct an independent review of this case and my decision.

Dated this 5th day of January, 2021

Michael D. Graveley
Kenosha County District Attorney

41

Attachment 1

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/33 Interview of KPD Officer Rusten T. Sheskey - Re: 01S

INITIAL INFORMATION
On Wednesday, August 26th, 2020 Special Agent Ricardo Tijerino and Special Agent Raymond
Gibbs of the Wisconsin Department of Justice, Division of Criminal Investigation interviewed
Kenosha Police Officer Rusten T. Sheskey at the DCI-Milwaukee Field Office.
INTERVIEW OF POLICE OFFICER RUSTEN T. SHESKEY
At 9:55 AM, PO Sheskey was interviewed in a private conference room at the Division of
Criminal Investigation- Milwaukee Field Office, located at 633 W Wisconsin Ave, Milwa~kee,
Wisconsin. Also present during the interview was Kenosha Professional Police Association
Union Representative Peter Deates, and Attorneys Brendan Matthews and Rebecca Meyer.
SA Tijerino advised PO Sheskey he was under no obligation to speak with the DCI Agents, and
could in fact refuse to make a statement. He could also confer with his attorneys or union
representative at any time during the interview, or stop the interview at any time. PO Sheskey
stated that he understood and wished to voluntarily speak with SA Tijerino and SA Gibbs.
SA Tijerino advised PO Sheskey that the interview could be recorded, but PO Sheskey stated that
based on advice from his Attorney he did not wish to have his interview recorded.
PO Sheskey has been employed with the Kenosha Police Department for approximately seven (7)
years and prior to working for Kenosha PD was a part time Officer for the UW-Parkside Campus
Police for approximately three (3) years.
~d
that he was assigned to -shift
patrol, stating that he worked fromand was a Field Training Officer (FTO) for the Kenosha Police Department for
approximately one (I) year.
PO Sheskey stated that he worked a-days
on and-days
08-23-2020 he was on the ■day o:fhlsJefay rotation.

off rotation and on Sunday,

PO Sheskey stated that he had three (3) beers the previous night before he went to sleep and slept
for approximately seven (7) hours the night before the incident, sleeping from approximately 3 :00
AM to I 0:00 AM and felt well rested when he woke up.
PO Sheskey stated that he is a member of the following units within the KPD:
*

Evidence Tech

*

Bicycle Officer

*

Rifle Team

*

Civil Disturbance Response Team/ Riot Team

*

Peer Support Team
Page I

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/33 Interview of KPD Officer Rusten T. Sheskey - Re: 01S

*

Crisis Intervention Team

PO Sheskey stated that he has no military experience.
On the afternoon of 08-23-2020 PO Sheskey stated that he arrived to the Police Department a few
minutes before roll call and there was nothing of relevance to report from roll call. PO Sheskey
(#618) was assigned to ride with a newer Officer who was just starting the second phase of her
training: Brittany Meronek. PO Sheskey stated that after roll call he and PO Meronek prepared
their fully marked Kenosha Police squad #3339 and began their shift. PO Sheskey stated that PO
Meronek was driving the Squad and he was riding as the passenger.

It should be noted that PO Sheskey was not acting as PO Meronek's FTO that afternoon per KPD
policy.
PO Sheskey stated he was clearly dressed as a Police Officer and there was no doubt to anyone
that saw him that he was a Police Officer and he was inside a clearly marked Police Squad.
PO Sheskey stated that to the best of his k:no~s
the subject (JAC OBS. BLAKE B/M, DOB:_

never had any previous contact with

PO Sheskey stated that he be lieved that he had been at the buildin g where the complainant
(LAQUISHA N . BOO KER, B/F , DOB :live d but could not reca U wha t kind of call
he was responding to at that address. PO Shesk ey stated that he previously worke d that Squad
area for approximately two (2) years before he was assigned to another area and was just
reassigned to it again approximately one (1) month ago.
PO Sheskey stated that this was the second time that he had worked directly with PO Meronek.
PO Sheskey stated that this Squad area is known for a lot of drug and gang violence and noted
that there was a home invasion across the street from 2805 40th Street, Kenosha, WI, which
resulted in a shooting within the last month.
PO Sheskey stated that they responded to three (3) or four (4) calls prior to responding to the call
involving Mr. BLAKE. PO Sheskey stated that there was nothing out of the ordinary in any of
those previous assignments.
PO Sheskey stated that sometime after 5 :00 PM they were dispatched as the primary unit to a
"family trouble" involving a subject named JACOB BLAKE. PO Sheskey believed PO Arenas
was dispatched to the call as their backup.
PO Sheskey stated while they were en route to the assignment he heard dispatch advising that the
male with the keys had a Felony Warrant for 3rd Degree Sexual Assault, Trespassing/ Domestic
Violence (DV) related and Disorderly Conduct (DC) / DV related.
PO Sheskey stated he also recalled dis
involved in the incident
Page 2

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the properly of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/33 Interview of KPD Officer Rusten T. Sheskey - Re: 01S

and then leaving the area. PO Sheskey also recalled
dispatch advised that the caller was being uncooperative.
PO Sheskey stated after receiving all of that information from dispatch he knew that BLAKE
would ultimately have to be arrested for the Felony Warrant. Due to the heavy gang activity in
that area PO Sheskey thought BLAKE would likely try to run from Law Enforcement.
PO Sheskey stated that while en route he attempted to find a booking photo on the Squad
Computer of BLAKE to help identify him quickly upon arrival to the location of the call, but was
only able to get a description of BLAKE as being approximately 5'11" tall, black hair, black eyes
and approximately 160 lbs in weight.
PO Sheskey stated that as they travelled south on 28th A venue, approaching 40th Street, he saw a
B/M fitting the description of BLAKE carrying a child of 3-4 years of age walking towards a
silver car parked on the west side of the street. PO Sheskey further stated that he also observed a
B/F walking behind the subject believed to be BLAKE, wearing colorful pants and screaming at
the B/M subject.
PO Sheskey stated PO Meronek pulled over on the West side of the street, and as they were
getting out of their squad he observed PO Arenas walking from the West towards them.
PO Sheskey stated he walked directly towards the B/M and as he approached him he could hear
the B/F with the colorful pants later ositivel identified as LAQUISHA N. BOOKER)
screaming: "It's him! It's him!
At that time he
recalled hearing the B/M (BLAKE) say: ''I'm taking the kid and I am taking the car."
PO Sheskey stated he recalled saying to the B/M (BLAKE): "Let's talk about this." PO Sheskey
stated BLAKE put the young child he had been carrying in the back seat of the vehicle and then
turned to face him.
PO Sheskey stated he observed the B/M (BLAKE) glancing to the North and South of him while
he was standing with his back to the rear passenger door of the silver car. PO Sheskey stated that
based on his experience he believed that the B/M (BLAKE) was looking for a route of escape to
flee from PO Sheskey.
PO Sheskey at this time was confident that the B/M standing in front of him was BLAKE.
PO Sheskey stated BLAKE was looking North and South and he thought that he was going to
take off running at any moment, so he grabbed BLAKE's arm to prevent him from running and to
place him under arrest and he told BLAKE that he had a Warrant.
PO Sheskey stated when he grabbed his right wrist he was able to get it behind BLAKE's back
and BLAKE started saying: "DON'T DO THIS BRO! DON''T DO THIS!" and as he attempted
to place a handcuff on BLAKE he felt BLAKE's body tense up. PO Sheskey stated he tried to
gain control of BLAKE by pushing him against the passenger side of the vehicle in an attempt to
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This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/33 Interview of KPD Officer Rusten T. Sheskey - Re: 015

stabilize him and place him in handcuffs.
PO Sheskey stated as he did this, BLAKE yanked his right arm from him and began to reach into
his waistline area with his left hand, PO Sheskey then yelled: "Hands! Hands! Hands!"
PO Sheskey stated, based on his experience at KPD, when an Officer yelled HANDS! HANDS!,
because he believed that BLAKE was reaching for a weapon and he wanted to alert other Officers
and get help .
PO Sheskey stated BLAKE continued digging into his waistline with his left hand and based on
his experience he interpreted that as BLAKE trying to reach for a weapon.
PO Sheskey stated he recalled that at that time he shouted that he needed help.
PO Sheskey stated at that moment he did not know what PO Arenas and PO Meronek were doing
or where they were located as he was fully concentrating on BLAKE and the weapon that he
believed BLAKE was trying to get out of his waistline.
PO Sheskey stated he has made numerous arrests in his career, and in this area, and it was
common practice for subjects to dump drugs and run, not stay and struggle with Police as they try
to access their waistline. Based on PO Sheskey's training and experience BLAKE's behavior was
indicative of someone trying to access a weapon.
PO Sheskey stated as he was struggling with BLAKE he saw PO Arenas on his right side and PO
Arenas yelled TASER, which PO Sheskey interpreted it to mean that PO Arenas was going to
deploy his taser on BLAKE but PO Sheskey did not hear the taser being deployed.
PO Sheskey stated he was focused on controlling BLAKE's right hand but could not control his
left hand and PO Sheskey began to lose control of his right hand and BLAKE's left hand was still
reaching in his waistline. PO Sheskey felt BLAKE was much stronger than him and realized that
he could not control BLAKE's hands. PO Sheskey decided to disengage at that time because
physical force was ineffective to gain control of BLAKE.
PO Sheskey stated he disengaged from BLAKE, unholstered his taser and yelled TASER and as
he took that action BLAKE turned his body to face him and his left hand was still digging into his
waistline.
PO Sheskey stated he got about five (5) feet back and he yelled: "Hands! Taser!"
PO Sheskey stated he discharged his TASER at BLAKE and recalled seeing the prongs hit him
squarely in the chest but as he pulled the trigger he could not tell if it was having any effect on
him. PO Sheskey stated at this moment he believed that he saw BLAKE tense up so he believed
that he had an opening to gain control so he physically re-engaged with BLAKE and was able to
grab him for a moment before BLAKE started to slip away from him. He saw BLAKE break the
wires with his right hand while still digging in his waistline with his left hand. PO Sheskey
further stated BLAKE literally pulled the wires out but he did not know if the prongs had
Page 4

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/33 Interview of KPD Officer Rusten T. Sheskey - Re: 015

remained on his chest or not. PO Sheskey stated he had never seen anyone do that before.
PO Sheskey stated he tried dry stunning BLAKE by putting the metal ends of the TASER on his
neck/back area but it did not work as BLAKE continued to slip away and ran towards the back of
the car. PO Sheskey stated at this time he grabbed BLAKE as he did not want him to reach the
driver's door of the car and BLAKE put him in a head lock and PO Sheskey in tum put BLAKE
in a head lock. PO Sheskey stated he was holding BLAKE in a head lock on his right side and
BLAKE was holding him on his left side. PO Sheskey stated that as he was wrestling with
BLAKE he was concerned that BLAKE may try to reach for his duty weapon as he was exposing
it by the way they were holding each other. PO Sheskey stated BLAKE had a tight grip around
his neck.
PO Sheskey stated when BLAKE had him in a head lock he feared for his life because BLAKE
had access to his weapon and he had the physical advantage. PO Sheskey further stated BLAKE
was holding him really tight around the neck and that's when he thought his only way to get out
of it was to get him on the ground but he (BLAKE) countered his moves by spreading his legs
and lowering his center of gravity which caused them both to stumble toward the rear of the
vehicle.
PO Sheskey stated he tried to decentralize BLAKE by placing his right foot in front ofBLAKE's
left foot but BLAKE spread his feet, lowering his center of gravity, so PO Sheskey could not flip
him. PO Sheskey stated they stumbled to the rear part of the vehicle and PO Sheskey fell hard on
his knees as he tried to soften his fall. PO Sheskey stated he did not know where or how hard
BLAKE had fallen as a result of their struggle.
PO Sheskey stated prior to falling on the ground he had delivered two (2) punches to the gut area
of BLAKE and it did not seem to have any affect so he started believing that BLAKE was under
the influence of drugs because everything he had tried had not worked. PO Sheskey stated he
was thinking to himself that he had already given BLAKE numerous verbal commands, punched
and tased BLAKE and it had no noticeable effect. PO Sheskey stated BLAKE was still not
saying anything.
PO Sheskey stated that it felt like he was fighting with BLAKE for at least two (2) minutes, but
he knows it was probably just seconds. PO Sheskey further stated that by the time he went to the
ground he was exhausted and he feared that BLAKE would reach for his gun.
PO Sheskey stated BLAKE was not saying anything during this incident and he kept yelling at
BLAKE throughout the incident numerous verbal commands as well as: "Stop resisting!"
PO Sheskey stated as soon as BLAKE hit the ground he got up and started to walk away.
PO Sheskey stated he was getting up off the ground, behind the rear of the vehicle, when BLAKE
was walking by the rear passenger tire of the vehicle.
PO Sheskey stated up to that point he had not seen BLAKE with a knife in his possession.
Page 5

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/33 Interview of KPD Officer Rusten T. Sheskey - Re: O1S

PO Sheskey stated he did not know where PO Arenas or PO Meronek were located, as he was
fully focused on BLAKE.
PO Sheskey stated he recalled someone yelling at that time : "He has a knife! Knife! Knife!!" PO
Sheskey stated he had no idea who yelled that BLAKE had a knife.
PO Sheskey stated sometime during the struggle with BLAKE he recalled hearing a loud sound
which he recognized as being a TASER being fired but he had no idea if someone actually fired a
TASER at BLAKE or who did it.
PO Sheskey stated he drew his gun after he heard someone yell that BLAKE had a knife multiple
times but up to that point he still had not seen the knife. PO Sheskey stated he started to give
verbal commands to BLAKE to drop the knife but he did not comply.
PO Sheskey stated at this time he still had no idea where Officer Meronek was but he believed
that Officer Arenas was to his right.
PO Sheskey stated BLAKE was now walking towards the front of the vehicle at a normal but
determined pace, his arms moving from side to side and he still had not seen the knife . PO
Sheskey stated he continued to yell for BLAKE to drop the knife however he continued to ignore
the commands.
PO Sheskey stated as BLAKE turned left in front of the vehicle he saw a black knife in his left
hand as the hand swung away from BLAKE's body.
PO Sheskey stated that at this time he thought to himself: He (BLAKE) has a weapon, a delivery
system but I don't know if he (BLAKE) has intent to use the knife ." At that point BLAKE had
not threatened anyone with the knife which is the reason why he did not shoot at that time. PO
Sheskey stated that all of those thoughts were going through his head as he continued to yell at
BLAKE to "Drop the Knife!"
PO Sheskey stated that he could hear PO Arenas also yelling something at BLAKE, but he was
not sure what he was saying as he was still focused on BLAKE and the knife he was carrying in
his left hand.
PO Sheskey stated that when BLAKE got to the left front comer of the vehicle BLAKE turned a
hard left and started going towards the drivers side door and PO Sheskey started thinking to
himself: "I don't know what he is going to do ...Is he going to hurt the kid? ...Is he going to take
off in the vehicle? Will we have to pursue the vehicle with a child inside of the car? Is he going
to hold the child hostage? Are his actions going to put others at risk?" PO Sheskey stated that he
was aware of at least one ( 1) child being inside of the vehicle at this time and he did not know if
it was BLAKE's child.
PO Sheskey stated that at that moment he decided that he could not let BLAKE get back into the
car because of all the factors he had just cited.
Page 6

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the properly of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/33 Interview of KPD Officer Rusten T. Sheskey - Re: O1S

PO Sheskey stated he closed the distance between him and BLAKE as he got to the front door of
the car. He could not remember if the door was open or if BLAKE had to open it but as BLAKE
attempted to get in his car PO Sheskey grabbed his shirt and pulled him in an attempt to prevent
him from getting in the vehicle.
It should be noted that at approximately 10:43 AM the interview was paused so PO Sheskey
could speak with his Attorney.
At approximately I 0:49 AM case agents started the interview again.
As BLAKE was getting into the vehicle PO Sheskey thought to himself that it was dangerous for
the public and the child in the car to let BLAKE go. PO Sheskey thought he could not let
BLAKE leave armed with the knife and the child in the car.
PO Sheskey stated BLAKE opened the driver's door and started to lean into the vehicle as PO
Sheskey was pulling BLAKE's shirt. PO Sheskey tried to stop him from getting behind the wheel
and possibly turning on the car and driving away. PO Sheskey stated that as BLAKE was
reaching into the car, BLAKE turned his torso from right to left towards PO Sheskey and PO
Sheskey saw that the knife was now in BLAKE's right hand, under BLAKE's chest and coming
toward PO Sheskey, under BLAKE's left arm. BLAKE's left shoulder came up slightly and his
right shoulder dipped underneath and the knife was moving toward PO Sheskey. PO Sheskey
stated that he could not recall where BLAKE's feet were positioned during this portion of the
incident.
PO Sheskey stated the knife was approximately two (2) feet away from him and he recalled that
all of his training with knives had always told him that anything under twenty one (21) feet could
cause great bodily harm, or death. PO Sheskey stated he had learned from his training that the
actions of an armed subject within twenty one (21) feet would always beat an Officers reaction.
PO Sheskey stated BLAKE for the first time showed intent to harm by driving the knife toward
PO Sheskey's torso. PO Sheskey feared BLAKE was going to stab him with the knife but knew
that he could not retreat because the child was in the car and could be harmed, taken hostage or
abducted by BLAKE. For these reasons he discharged his Firearm towards BLAKE.
PO Sheskey further stated he believed that he fired six (6) shots as he did not stop firing until he
saw BLAKE drop the knife. PO Sheskey stated that he was standing by the B pillar of the vehicle
at the time that he discharged his weapon.
PO Sheskey stated that BLAKE came to a sitting position as PO Sheskey was firing, and
BLAKE's hands were in front of his chest still holding the knife. As BLAKE dropped the knife
to the floor board, PO Sheskey stopped firing. BLAKE sat in the front seat with his hands in
front of his chest.
PO Sheskey stated that he was shooting down and forward because he didn't want to put the child
seated in the back of the vehicle or any civilians in danger.
Page 7

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/33 Interview of KPD Officer Rusten T. Sheskey - Re: 01S

PO Sheskey stated that immediately after he saw BLAKE drop the knife he holstered his weapon,
checked BLAKE for more weapons, finding none, and then checked BLAKE for injuries. PO
Sheskey stated that he saw multiple wounds on BLAKE's left arm. He started treating BLAKE
immediately, without gloves, because he did not want to delay providing BLAKE with medical
care.
stated someone handed him a tourniquet
. PO Sheskey then checked BLAKE's torso and he saw two (2) bullet
wounds on his stomach and none on his chest.
that he needed gauze
PO Sheskey further stated he then checked BLAKE's left side and saw two wounds on the center
of his torso
PO Sheskey stated BLAKE was conscious and kept saying: "I'm going to die" multiple times.
PO Sheskey stated he kept telling BLAKE to stay calm and that he was going to be OK.

-at

Detective Brechue had arrived

PO Sheskey stated he believes that it was PO Arenas who broadcasted that shots had been fired
and then called for a medical unit. PO Sheskey noted that his lapel mike had fallen off during the
earlier struggle with BLAKE.
PO Sheskey stated that it appeared to him that BLAKE lost consciousness a couple of times but
he applied sternum rubs on two (2) occasions and was able to keep him conscious.
PO Sheskey stated that once they had dealt with the wounds on his stomach and side they turned
him over to see if he had any wounds on his back and found one taser probe on the center of his
upper back. PO Sheskey further stated that there appeared to be a mark on his back
approximately 2-3 inches away from the first probe. PO Sheskey did not see any other wounds
on BLAKE's back.
PO Sheskey stated he wanted to make sure the Case Agents knew that he tried everything before
he fired his gun, including verbal instructions, physical restraint, decentralization through
numerous body strikes and taser.
PO Sheskey stated BLAKE could have complied at anytime as he had plenty of opportunities to
comply and he never showed any signs that he was going to comply. BLAKE dictated the
location, the fight, and the pace. PO Sheskey believed he yelled "STOP RESISTING" and
"DROP THE KNIFE" approximately 100 times and BLAKE never complied or even spoke to PO
Page 8

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/33 Interview of KPD Officer Rusten T. Sheskey - Re: O1S

Sheskey.
PO Sheskey stated he has not watched the video circulating on social media or watched the news
regarding the incident because his attorney instructed him not to.
At approximately 11: 10 AM, S/A Tijerino showed PO Sheskey a picture of a Karam bit knife and
he positively identified it as the knife that BLAKE had during the incident.
PO Sheskey stated he has made numerous drug arrests in that area in the past but not recently as
he was only reassigned to that area approximately one (1) month ago.
PO Sheskey stated he did not recall ever hearing any mention of BLAKE being in possession of a
gun or having access to a gun.
PO Sheskey stated he was certified on the use of a taser while working for the UW-Parkside
Police Department. PO Sheskey stated he has deployed his taser approximately ten (10) times
and has observed other officers using the taser and he knows that the taser isn't always effective.
PO Sheskey stated he recalled seeing the prongs going in BLAKE's body and he initially thought
that it had worked because BLAKE seemed to tense up for a moment which is when he decided
to go hands on again to gain control of him.
PO Sheskey stated he doesn't recall if PO Arenas helped him during the physical struggle, but he
recalled that he could hear PO Arenas was giving BLAKE verbal commands.
PO Sheskey stated BLAKE was approximately four (4) feet away from him when he first saw the
knife in his hand.
PO Sheskey stated, consistent with his training, he didn't physically re-engage with BLAKE after
he saw the knife because he was concerned that BLAKE would turn and slash him with the knife
and he was also still exhausted from the earlier fight.
PO Sheskey stated he did not see BLAKE drop the knife or hear anything drop when he first
approached BLAKE.
PO Sheskey again stated that he gave BLAKE every opportunity to comply and BLAKE chose
not to do so.
PO Sheskey stated he was hoping that BLAKE would give up during the entire incident.
PO Sheskey stated that BLAKE stated when he first approached him that he was taking the car
and he was taking the kid. PO Sheskey stated he did not know if that was his kid so he was
concerned for the child's safety.
PO Sheskey was shown an overhead diagram of the scene with the SUV and PO Sheskey's squad
depicted. PO Sheskey marked where he believed he was outside the opened door and where he
believed BLAKE was during their fight. The photograph and diagram were both signed and dated
Page 9

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/33 Interview of KPD Officer Rusten T. Sheskey - Re: 01S

by PO Sheskey, both were scanned and attached to this report. The original documents will be
entered into DCI-Records.
S/A Tijerino submitted the picture used during this interview, showing a knife recovered inside
of BLAKE's vehicle, into evidence as part of this report: 20-6420/33 .1.
S/A Tijerino submitted a diagram used during this interview, to show PO Sheskey's movements
during the incident, into evidence as part of this report: 20-6420/33.2.
This interview was terminated at approximately 11:41 AM.
On Thursday, September 3, 2020 at approximately 12:30 PM, S/A's Tijerino and Gibbs met with
P.O. Sheskey, Attorneys Matthews and Meyer and Kenosha PD union representative Peter Deats
to review this written statement. Upon review a few grammatical changes were identified and
changed. No substantive changes were made.

Page 10

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Attachment 2

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/20 Interview of PO Meronek

INTIAL INFORMATION

On Tuesday, August 25th, 2020, Special Agent Nathan Peskie and Special Agent Raymond
Gibbs of the Wisconsin Department of Justice, Division of Criminal Investigation interviewed
Kenosha Police Officer Brittany Meronek at the DCI-Milwaukee Field Office.

INTERVIEW OF POLICE OFFICER BRITTANY MERONEK

At 9:48 AM, PO Meronek was interviewed in a private conference room at the Wisconsin
Department of Justice-Division of Criminal Investigation- Milwaukee Field Office, located at
633 W Wisconsin Ave, Milwaukee, Wisconsin. Also present during the interview was Kenosha
Professional Police Association Union Representative Peter Deates, and Attorneys Brendan
Matthews and Rebecca Meyer.
SA Gibbs advised PO Meronek she was under no obligation to speak with the DCI Agents, and
could in fact refuse to make a statement. She could also confer with her attorneys or union
representative at any time during the interview, or stop the interview at any time. PO Meronek
stated she understood and wished to voluntarily speak with SA Gibbs and SA Peskie. SA Gibbs
stated the interview could be recorded with audio or video, but PO Meronek did not wish the
interview be recorded.
PO Meronek was hired by the Kenosha Police Department (KPD) in January of 2020, and
completed the police academy at Gateway Technical College in ~eronek
~ patrol officer assigned to-shift
workingwith a
-workweek.
On the afternoon of August 23rd, 2020, PO Meronek was work.in
a marked KPD squad SUV, number 3339. It washer
-and
she was well rested when she reported for duty that day.
~

PO Meronek worked with another officer as she was in the second phase of field training. Her
assigned FTO, PO Barriere was on a specialized assignment that day. PO Meronek was assigned
to work with PO Sheskey that afternoon. PO Meronek explained there are five phases to the FTO
program, and in phase two she was to take on most calls with assistance from the FTO. Each
phase lasted twenty-four working days.
PO Meronek stated she arrived at approximately 1:30PM, and attended roll call/briefing at the
beginning of the shift, where officers got their area assignments and any pertinent information for
the day. After roll call, PO Meronek stated she and PO Sheskey completed a squad inspection,
retrieved their gear and began their patrol shift. PO Meronek and PO Sheskey handled several
calls for service, including a disorderly complaint, a medical call and assisted at a vehicle
accident that afternoon. PO Meronek stated she and PO Sheskey had normal conversation about
Page 1

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Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/20 Interview of PO Meronek

family stuff and had no self initiated activity before being dispatched to a "family trouble" call
that resulted in the officer involved shooting.
PO Meronek recalled dispatch sending her and Sheskey, as well as PO Arenas, to a~
trouble. The caller said a male sub' ect at the residence was not supposed to be there, PO Meronek had been on other family trouble
complaints. She was aware of the area of the call but had not been to this specific unit before.
While they responded non-emergency (no lights, no siren) to the call at 40th Street and 28th
Avenue PO Sheskey read the call notes to her. Dispatch stated they were on the line with the
caller who said the male was trying to leave. The caller provided a license plate on a vehicle with
an unknown state, and then the caller became uncooperative and hung up on the dispatcher.
PO Meronek parked the patrol car at a diagonal on 28th Avenue at the corner of 40th Street on
the west side of the street facing north. As soon as PO Meronek opened her door of the patrol car
she was met by a female that ran up to her and the two spoke at the rear of her patrol car. PO
Sheskey walked toward a male that walked from the area of the adjacent building and toward an
SUV parked behind their patrol car. PO Meronek said that the female was frantic and loud,
pointed at the male subject and yelled
HE HAS MY KIDS". The female
repeated that "MY KIDS ARE IN THE CAR,
Based upon the female's comments, PO Meronek initially suspected the male was trying to steal
the vehicle. When the female mentioned her kids being in the car Meronek became concerned for
the children's safety. PO Meronek and the female observed the male subject close the back
passenger side door of the SUV and the female stated loudly "IT'S TOO HOT FOR MY KIDS,
GET MY KIDS OUT OF THE VEHICLE". Based upon the female's statements, where she
referred to the children as HERS, and not OURS, Meronek believed the children in the car were
the female's and not the male subject's.
PO Meronek observed that PO Sheskey was attempting to detain the male subject and observed
the male subject actively resisting. The subject pulled his arms away from PO Sheskey as
Sheskey attempted to gain control of them. Sheskey yelled loudly "STOP RESISTING". PO
Meronek said the black male subject resisting PO Sheskey was wearing a white tank top and
basketball shorts. PO Meronek ran to the SUV to assist PO Sheskey with the subject. PO Arenas
arrived and was with PO Sheskey as Merenek ran toward them.
PO Sheskey and PO Arenas were on her right attempting to control the subjects right arm, and
PO Meronek attempted to control the subjects left arm which was in the area of his front
waistband or groin area. She used both of her hands to gain control of the subject's left arm and
yelled "GIVE ME YOUR HAND, STOP RESISTING!" Both PO Sheskey and PO Arenas were
also verbalizing something similar to "GNE ME YOUR HAND, STOP RESISTING" multiple
times.
Page 2

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/20 Interview of PO Meronek

PO Meronek feared the subject was attempting to retrieve a weapon from his front waistband
area, and did not believe that the subject had been patted down by PO Sheskey. PO Meronek
momentarily gained control of the subjects left arm and moved it to an approximate 45 degree
angle away from his body, but he violently yanked his arm away and she lost control of it. He
immediately reached with his left hand toward the front of his waistband again. Meronek tried to
regain control of his left arm to prevent him from accessing whatever he was reaching for at the
front of his waist.
After the three officers struggled in vain to gain control of the subject, they stepped back toward
the sidewalk and drew their Tasers and pointed them at the subject, who remained on the
passenger side of the SUV. All three officers loudly gave the subject the order similar to "SHOW
ME YOUR HANDS OR YOU WILL BE TASED".
PO Meronek noted that the subject was taller than her, and clearly stronger than her. She was
already exhausted from the struggling with the subject in the summer afternoon heat. She was
unable to control the subject's left arm even with both of her hands. The subject faced the SUV
and the three officers all were several feet away from him. The subject never said a word
throughout the incident which she felt was odd. All three (3) officers issued multiple orders for
the subject to "SHOW US YOUR HANDS" and the subject refused to comply, and ignored the
officers.
PO Arenas or PO Sheskey deployed their Taser. PO Meronek was not sure who fired the Taser
but said she heard it deploy and observed the probes on the subjects back, with the subject
showing no effect from the Taser. PO Meronek said that during the five (5) second Taser
deployment the subject's torso was slightly turned and he was staring at the officers with a blank
stare.
PO Meronek herself had been tased in the academy and she witnessed others be tased as well; she
never witnessed someone show no effect to the Taser deployment. The lack of effect of the Taser
caused PO Meronek's concern for their safety to increase, and she also was concerned about the
female's children that were reported to be in the vehicle, although she had not observed them
herself.
The subject then walked to the rear of the vehicle. PO Meronek used her police radio and called
dispatch stating "730 PD- SEND MORE SQUADS". All three officers followed the subject to the
rear of the SUV and attempted to gain control of the subject's hands again and place him under
arrest. The subject again was actively resisting, which she described as not allowing the officers
to control his arms, by moving and pulling his arms away.
As the officers continued to struggle with the subject, the female Meronek spoke with earlier
approached them and PO Meronek ordered her to "BACK A WAY". The subject again was able
to free himself and it became clear to PO Meronek that the officers attempts to physically restrain
Page 3

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/20 Interview of PO Meronek

the subject were ineffective. Meronek still could not even control the subject's left arm, and she
was getting more fatigued.
The subject turned and moved away from the officers toward the rear passenger door of the SUV.
Officers continued to yell at the subject to "SHOW US YOUR HANDS OR YOU WILL BE
TASED", as they followed the subject and attempted to place him in handcuffs. Meronek feared
the subject could gain access to and possibly harm the children she was told were in the SUV.
All three officers were still unable to control the subject and had not gained any compliance. The
subject and the officers were all on the passenger side of the SUV when one of the officers
screamed for the subject to stop resisting or he would be tased, at which time either PO Sheskey
or PO Arenas deployed their Taser. PO Meronek said that the subject hunched over after the
Taser probes struck him, but again the taser seemed to have little or no effect on him.
While the subject was hunched over and the Taser was still delivering the five (5) second cycle
Meronek approached him to try to gain control of the subject by pinning him against the vehicle.
PO Meronek moved toward the subject and reached for his right arm in an attempt to gain control
of it. As Meronek engaged the subject she observed the subject had a knife but could not recall in
which hand. PO Meronek said that she yelled out to alert the other officers "KNIFE! KNIFE! HE
HAS A KNIFE!"
PO Meronek described the knife she observed in the subjects hand as an approximately four inch
bladed knife with a cut out on the blade. The knife appeared to have saw like teeth on it, and
Meronek was adamant that the blade was extended out on the possible folding style knife.
PO Meronek said after seeing the knife in the subject's hand she feared that based upon the
subjects previous repeated attempts to access the front of his waistband while struggling with her
and the other officers, he pulled the knife to kill her or another officer.
The three officers all stepped back towards the sidewalk along 28th A venue to distance from the
subject as they drew their service weapons. The officers then all began yelling the command
"DROP THE KNIFE AND SHOW US YOUR HANDS" at the subject. There was no compliance
or acknowledgement from the subject. PO Meronek said that because of the subject's strength, his
blank stare, no verbal response, and no effect from the Taser she suspected he may have been
under the influence of some sort of controlled substance.
PO Meronek drew her weapon because the subject pulled the knife out while fighting with the
officers. She did not know his intentions, but knew she could no longer physically engage the
subject without possibly being stabbed. She also could not disengage further or move further
away from the subject because she was concerned about the safety of
children
that were reported to be in the vehicle. PO Meronek feared that if the subject got into the vehicle
he could potentially harm the children, or drive off with them. She knew she and the other two
officers had to stop the threat the subject presented with his knife.
Page 4

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/20 Interview of PO Meronek

The subject moved to the front of the SUV, then turned and walked across the front toward the
driver side. PO Sheskey and PO Arenas both followed behind the subject around the front of the
vehicle as PO Meronek moved around the back of the SUV. She worried the subject would get in
the vehicle and endanger the children before she and the other officers could stop him.
The subject reached the driver's door of the SUV, and tried to enter the vehicle while officers
yelled "SHOW ME YOUR HANDS", PO Meronek feared the subject was going to drive off and
potentially hit the other officers with the vehicle. At that time PO Meronek heard what she
believed was four gun shots from the area of the driver's door of the SUV. PO Meronek did not
see which officer fired their weapon but recalled seeing PO Sheskey in the open doorway of the
vehicle, behind the subject who was standing outside the vehicle with his upper body leaning into
the vehicle.
PO Meronek said she got on the police radio and called out for responding squads to "STEP IT
UP, SHOTS FIRED, SHOTS FIRED". PO Meronek said that again the female she had earlier
spoke with came up to the officers and was hysterical, and was yelling "STOP!" Meronek ordered
her to stay back and to "GET BACK ON THE SIDEWALK". PO Meronek said thaf she never
observed the subject drop the knife that she had observed in his hand during the incident.
PO Sheskey yelled at the subject "YOU ARE UNDER ARREST, SHOW ME YOUR HANDS!"
Officers removed the subject from the vehicle and laid him flat on the ground on his back. Once
they got the subject outside the vehicle officers be an rovicLin him medical aid. PO Meronek
ran to the atrol vehicle and retrieved auze

They rolled the subject onto his side and checked his back and did not see any wounds.
PO Meronek repeatedly gave the subject "sternum rubs" which is a common procedure used by
first responders to cause pain sensation and keep subjects alert and conscious. PO Meronek kept
telling the subject to "stay awake." The subject kept lifting and trying to move his right arm
which she told him to keep down. He also repeatedly asked for water with PO Meronek
explaining to him that he needed to hold on for rescue. The subject said "3-2-1, I'm done" and
closed his eyes. PO Morenek gave the subject another sternum rub, and he opened his eyes and
said that it hurt.
Within a short period of time Kenosha Rescue arrived on scene and she was relieved and escorted
away by another responding officer. After standing by with PO Arenas and another unknown
officer for a short time arrangements were made for their transport back to the police department.
PO Meronek said that officers asked if she was ok, but had no other conversation about the
incident.

Page 5

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the properly of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/20 Interview of PO Meronek

SA Gibbs showed PO Meronek a photograph of the knife recovered from the floorboard area of
the vehicle at the scene, PO Meronek stated that the photographed knife was the same knife she
observed in the subject (Jacob Blake's) hand during the incident. SA Gibbs also had PO Meronek
mark positions on a paper diagram of the vehicles at the scene. PO Meronek marked several
locations of officers and both Jacob Blake and Laquisha Booker during the incident. The
locations are marked and summarized on the paper. PO Meronek signed and dated the document
which was scanned and attached to this report. The original document will be entered into
DCI-Records.
PO Meronek said that she had never previously met or dealt with either the female(Laquisha Booker) or the armed male subject (Jacob Blake). PO Meronek said that aside from
being asked if she was ok, she had no conversations about what had occurred with anyone, and
was advised not to speak with anyone else by her attorney.
PO Meronek stated she did not view any video of the incident prior to her interview with Gibbs
and Peskie, explaining she saw that it was being played on the news and turned it off after seeing
about one second of the video with the officers on the passenger side of the vehicle. With no
additional information the interview with PO Meronek was completed at 11:25AM.
On Thursday, September 3, 2020 at 10:00am SA Gibbs & SA Peskie met with P.O. Meronek and
Attorneys Matthews and Meyer and Kenosha PD Union representative Peter Deats to review this
written statement. Upon review a few minor grammatical changes were identified and changed.
No substantive changes were made.

Page6
This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Attachment 3

Wisconsin Division of Criminal Investigation Case Report Case/Report Number: 20-6420/21 Interview of PO Arenas

INTIAL INFORMATION

On Tuesday, August 25th, 2020, Special Agent Nathan Peskie and Special Agent Ricardo
Tijerino of the Wisconsin Department of Justice, Division of Criminal Investigation interviewed
Kenosha Police Officer Vincent Arenas at the DCI-Milwaukee Field Office.

INTERVIEW OF POLICE OFFICER VINCENT ARENAS

At 11:36 AM, PO Arenas was interviewed in a private conference room at the Division of
Criminal Investigation- Milwaukee Field Office, located at 633 W Wisconsin Ave, Milwaukee,
Wisconsin. Also present during the interview was Kenosha Professional Police Association
Union Representative Peter Deates, and Attorneys Brendan Matthews and Rebecca Meyer.
SA Tijerino advised PO Arenas he was under no obligation to speak with the DCI Agents, and
could in fact refuse to make a statement. He could also confer with his attorneys or union
representative at any time during the interview, or stop the interview at any time. PO Arenas
stated he understood and wished to voluntarily speak with SA Tijerino and SA Peskie. SA
Tijerino stated the interview could be recorded with audio or video, but PO Arenas did not wish
the interview be recorded.
PO Arenas had been with the Kenosha Police for about a year and a half, and prior to working for
Kenosha was a Police Officer for the US Capitol Police in Washington DC for approximately one
(1) year. Prior to working in law enforcement PO Arenas served five (5) years in the US Marine
Corps, Arenas was assigned to the Whitehouse Military Office, Marine Security Force. Arenas is
close to finishing his bachelors degree in Public Safety Administration from the University of
Maryland. PO Arenas had graduated the law enforcement academy but could not recall any
additional specialized training.
PO Arenas stated that he was assigned to shift patrol , stating he worked • and was off probation. On that afternoon PO Arenas ~assigned
as a "rover"
but was working in Area 35. lt was PO Arenas'-day
of hiswork week, and PO
Arenas said that he had nine (9) to ten (10) hours of sleep the prior evening.
PO Arenas said that he arrived to the Police Department at about 2:10PM that afternoon, and
after getting ready in full Kenosha Police uniform, he attended roll call where there was nothing
of relevance to report. After roll call PO Arenas prepared his fully marked Kenosha Police squad
#3344 and began his shift. PO Arenas said that he handled or assisted on two (2) or three (3) calls
prior to the incident stating he remembered backing up an officer on a traffic stop and assisting
on a disorderly conduct call.
PO Arenas said that he was then dispatched to a "family trouble" somewhere around 5:00PM. PO
Arenas said that he was dispatched to the call along with another unit, #618 who was the primary
Page 1

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/21 Interview of PO Arenas

on the call. While driving to the address PO Arenas recalled dispatch advising that the male
associated to the address of the call had a felon warrant. Dis atch stated something about
children possibly being involved,
and stated
that the male subject had left and the caller was uncooperative.
PO Arenas said that he arrived at the location first but because he was unfamiliar with the address
did not know where "Unit D" was. PO Arenas said that he walked around the building and did
not have contact with anyone as he turned the comer on the south side of the building before a
child ran past him. At that time he observed PO Sheskey and PO Meronek speaking with
individuals near a gray/silver SUV parked on 28th Avenue. PO Arenas said that he recalled
hearing a female voice yelling what he recalled as "THAT'S HIM". At that point PO Arenas said
that it appeared that both officers were conversing with the individuals involved in the call and
there was no physical confrontation at that time. As PO Arenas was walking toward PO Sheskey
he observed a male black that PO Sheskey was talking to attempting to walk away from officers.
PO Arenas said that he walked to the front passenger side of the SUV in the path of travel of the
male subject when PO Sheskey went hands on and grabbed the male subject to stop him.
PO Arenas said that at that time PO Meronek was off to the side left of PO Sheskey near the rear
passenger side of the SUV, and as PO Sheskey went to grab the subject all three (3) officers
stepped in and tried to control the subject. At that time PO Arenas said that PO Meronek said
"HE'S GOT A KNIFE". PO Arenas said that he then observed the knife in what he believed was
the left hand of subject near his groin area. PO Arenas described the knife as a black knife about
six (6") inches long in total with a razor blade shaped blade approximately two (2) to three (3)
inches long. PO Arenas said that the armed subject never said anything and officers created
distance, stepping back and gave numerous orders similar to "DROP THE KNIFE". PO Arenas
said that the officers were well within twenty-one (21) feet of the armed subject and knew that
within twenty-one (21) feet the subject could attack and officers would not have time to react and
stop the threat.
PO Arenas said that he noticed the armed subject had a blank stare on his face and at that time
PO Arenas said that one of the other officers, who he believed was PO Sheskey fired their Taser.
PO Arenas said that the subject tensed up but did not fall to the ground like he was accustomed to
seeing with Taser deployments. PO Arenas said that the armed subject did not drop the knife and
then moved towards the back of the SUV with the three (3) officers moving with him. PO Arenas
stated that he knew they couldn't disengage the subject because of the possibility that there were
children in the vehicle, which he was unable to confirm at that time.
PO Arenas said that at that time he knew they had to control the subject so the officers or possible
children said to be in the vehicle didn't get seriously injured or killed. PO Arenas said that PO
Sheskey moved in again to go hands on and attempted to control the armed subject while he was
tense from the Taser deployment. At that time the subject and officers were near the back of the
SUV. PO Arenas said that he and PO Sheskey tried to grab the subject and that they started
wrestling with him near the rear hatch area of the SUV. PO Arenas again said he did not see the
Page2

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/21 Interview of PO Arenas

subject drop the knife so he believed that he was still armed with an edged weapon. PO Arenas
said that the subject was actively resisting, describing that he was violently pulling and twisting
to get away from the officers. PO Arenas said that all of the officers continued to give verbal
commands including "DROP THE KNIFE, STOP RESISTING". At that time PO Arenas fired
his Taser with the probes making contact with the upper torso of the armed subject. It did not
appear to PO Arenas that the Taser had any effect on the armed subject.
PO Arenas said that PO Sheskey and the subject ended up both going to the ground with the
armed subject still actively resisting/fighting with the officers. At that time PO Arenas pulled the
trigger to his Taser giving a second five (5) second cycle. PO Arenas said that the Taser appeared
to have no effect on the armed subject. The armed subject got up from the ground and began
moving towards the front of the vehicle. PO Arenas said that the officers continued to give verbal
commands of "DROP THE KNIFE" and at that time PO Arenas said that he drew his firearm as
Tasers were ineffective on the still armed subject. PO Arenas said that it seemed like the armed
subject was moving fast, but his recollection of the entire incident seemed like it all went very
fast.
PO Arenas said that PO Sheskey was behind the armed subject moving around the front of the car
with his gun out, PO Arenas said that he tried to fan out away from the vehicle as they moved
stating they were both within feet of the armed subject. PO Arenas said that PO Sheskey tried to
grab the subject as he opened the driver's door of the SUV. As the door opened PO Arenas
believed the subject was trying to get into the vehicle to flee from law enforcement or worse. As
PO Arenas reached the outside of the opened driver's door, with PO Sheskey holding the shirt of
the subject in the opened door, PO Arenas said that he observed the subject with the knife in his
hand at chest level, blade pointed up, and was twisting with his body partially canting towards PO
Sheskey. PO Arenas became emotional and said at that moment he feared the armed subject was
about to stab PO Sheskey and PO Arenas knew he had to stop him but that he did not have a clear
shot due to the positioning of the door and PO Sheskey. It was at that time with PO Sheskey
within two (2) feet of the armed subject in the doorway of the SUV that PO Arenas heard
multiple gun shots fired. PO Arenas believed that it was PO Sheskey that had fired but was not
positive. PO Arenas said that he moved around PO Sheskey looking for a clear shot to stop the
armed subject but there was no clear shot. PO Arenas said that he felt helpless, and feared that the
subject would stab PO Sheskey and there was no way for PO Arenas to stop him. PO Arenas
clarified that had he had a clear shot, when the subject raised his arm to chest level in the vehicle
he would have fired if PO Sheskey was not in the doorway. PO Arenas said he believed that he
called out "shots fired" over the police radio after the shooting.
PO Arenas explained that he did observe a knife on the floorboard area of the driver's seat after
the shots were fired which was consistent with it falling from where he last saw the knife in the
subjects hand .. He stated that the subject came out of the vehicle, but was unsure if he fell out or
if he was pulled out by PO Sheskey. At that time PO Arenas said that the officers switched to
providing medical aid to the subject. The subject was laid on his back next to the vehicle, and
kept saying "I'm going to die", PO Arenas said that he and PO Meronek tried to keep the subject
Page 3

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/21 Interview of PO Arenas

n shot wounds to the sub'ects abdomen. After

they kept telling the subject to ''hang in there, stay with us, and keep breathing". The officers gave
the subject several "sternum rubs" in an attempt to keep him conscious. PO Arenas said that he
did get on the radio and asked for the medical unit to "step it up" because it felt as if Rescue
should have arrived by then to PO Arenas.
Once additional squads arrived and Kenosha Rescue took over. PO Arenas said that he went to
make sure the scene was secured when he heard people yelling about the shooting in the
background. Ultimately the first responding officer, PO Jones-Denson escorted PO Arenas back
to the Police Department. PO Arenas did not have contact with the subject after other responding
units arrived on scene.
PO Arenas was shown a photograph which he immediately identified as the knife he had
observed in the hand of the subject during the incident. He also was shown a overhead diagram of
the scene with the SUV and PO Meronek's squad depicted. PO Arenas marked where he believed
he was outside the opened door and where he believed PO Sheskey was during the shots being
fired by PO Sheskey. The photograph and diagram were both signed and dated by PO Arenas,
both were scanned and attached to this report. The original documents will be entered into
DCI-Records.
PO Arenas said that he did not recall previously meeting or dealing with either
(Laquisha Booker) or the armed male subject (Jacob Blake). PO Arenas said that he had no
conversations about what had occurred with anyone, and was advised not speak with anyone else
by his attorney.
PO Arenas stated that he did not view any video of the incident prior to his interview with SA
Tijerino and SA Peskie. With no additional information the interview with PO Arenas was
completed at 12:37PM.
On Thursday, September 3, 2020 at 11 :00am, SAs Tijerino and Peskie met with P.O. Arenas and
attorneys Matthews and Meyer and Kenosha PD union representative Peter Deats to review this
written statement. Upon review a few minor grammatical changes were identified and changed.
No substantive changes were made.

Page4

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the properly of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Attachment 4

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/16 Contact with JACOB STEPHON BLAKE, B/M, DOB: Re: 01S

-

On 08-24-2020, at approximately 4:04 PM, SIA's Tijerino and Gibbs met with JACOB
STEPHO BLAKE, BIM, DOB: - Re: OIS.
BLAKE was admitted at the Froedtert Hospital located at 900 North 92nd Street, Milwaukee, WI
on 08-23-2020 after an Officer Involved Shooting incident in the 4000 block of 28th Avenue,
Kenosha, WI.
At that time the Case Agents introduced themselves to BLAKE and informed him that the case
agents were investigating the shooting that occurred on Sunday evening. BLAKE asked the case
agents why they were investigating the shooting instead of the Kenosha PD. SIA Tijerino
explained to BLAKE that in the State of Wisconsin whenever there is an incident between the
Police and a citizen that results in great bodily harm or death an outside agency gets called in to
investigate the incident. SIA Tijerino further stated that DCI was the agency that got called in to
investigate this incident and the agency's job was to collect all the possible evidence and then
present it to the assigned prosecutor who would then make a decision on whether any charges
were warranted on the case.
SIA Tijerino advised BLAKE that the case agents wanted to hear what happened from him as
they considered it to be extremely important.

BLAKE stated that he understood and stated that he had been staying with his girlfriend at her
house for approximately 5 days when they got into some type of argument . BLAKE explained
that his girlfriend, LAQUISHA BOOKER , was angry with him because he did not seem more
upset when he found out
BLAKE further stated that he didn't really care what she was doing because he was leaving
Wisconsin and moving to North Carolina to join his brother in a business he started.
BLAKE stated that he had been cooking some hot dogs for everyone when all of this started and
he actually took her car keys and he left to get some cigarettes from the store then when he came
back a few minutes later he resumed grilling but she was still upset with him so he decided that
he was going to leave because he did not want to deal with her. BLAKE stated that the only
reason why he spent time there was because his kids were there and he was celebrating his child's
birthday.

. BLAKE stated that she made up the whole thing
and he wanted to deal with that stuff before he moved to North Carolina.
BLAKE stated that LAQUISHA had just bought a vehicle and the Rental car was supposed to go
back the following day and he had been using it go back and forth to work. BLAKE stated that
he works armed security at a club in Illinois.
Page I

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/16 Contact with JACOB STEPHON BLAKE, B/M, DOB: -Re: OI5

BLAKE stated that he and put his kids in the back of the car when he started to walk
towards the car so he could get out of the area but the Police then showed up before he could
leave.
BLAKE stated that he had a knife in his possession and he dropped it on the ground near the
vehicle but he believes that the Police Officers did not see him dropping the knife. BLAKE
stated that the Officers approached him and put their hands on him and he just wanted to leave
the area with his kids. BLAKE further stated that the Officers tazed him at least two (2) times
while he was trying to leave but he just tore the wires and recalls that at some point he was
tackled to the ground and he got up and picked up his knife again. BLAKE also stated that he
wanted to put his knife away in the car because the knife was a gift given to him and it meant a
lot to him and he did not want to lose it. BLAKE described his knife as a "Bear Claw."
At this time case agents advised BLAKE that they needed to stop the interview immediately as he
had just made an incriminating statement. BLAKE stated that he did not understand. Case
Agents explained to BLAKE that because he had made an incriminating statement the case agents
needed to stop the interview immediately and prior to him continuing with a statement they
needed to read him his Miranda warnings.
Over the next few minutes BLAKE appeared to be getting tired and began to doze off, eventually
falling asleep.
Case Agents attempted on two (2) occasions to read BLAKE his Miranda warnings but BLAKE
did not appear to be able to stay awake long enough to satisfy the Case Agents that he was
capable of understanding what was being read to him at that time.
At this time SIA Tijerino advised BLAKE that the Case Agents would return the following day
(Tuesday, 08-25-2020), when he was rested to speak with him again. BLAKE said good bye to
the Case Agents and fell back asleep.

Page 2

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Attachment 5

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/29 Interview of JACOB S. BLAKE - Re: 015

On 08-25-2020 SIA's Tijerino and Gibbs conducted a follow up interview of JACOBS. BLAKE,
B/M, DOB: -Re: Officer Involved Shooting (OIS). The previous interview occurred
on 08-24-2020.
It should be noted that the first observation of SIA Tijerino upon entering the area where
BLAKE's room was located was that he was more alert than the previous day. Upon arrival in
the area the Case Agents observed various medical personnel, including a doctor, talking to
BLAKE and explaining to him what was going to happen next. BLAKE appeared to be alert and
was asking questions to the doctor.
The Case Agents waited outside of BLAKE's room so they could speak to his doctor.
When BLAKE's doctor came out of his room the Case Agents advised him that they wanted to
talk to him and asked him if the doctors had given BLAKE anything like anesthesia that would
prevent him from talking to the Case Agents. The doctor replied that they had not given him any
anesthesia but he was on pain medication which made him fall asleep intermittently; however, it
would not impair his cognitive abilities.
At this time Case Agents entered the room and asked BLAKE if he recalled the Case Agents
being there the previous day. BLAKE replied affirmatively.
SIA Tijerino asked BLAKE if he remembered talking to the agents.
affirmatively.

BLAKE replied

SIA Tijerino advised BLAKE that because he was in custody they needed to advise him of his
Miranda rights and they also had a Victim's rights form for him.
At approximately 2:05 PM SIA Tijerino, in the presence of SIA Raymond Gibbs, read BLAKE
his Miranda warnings directly from a State of Wisconsin Constitutional Rights Card. At the
conclusion of the reading S/A Tijerino asked BLAKE if he understood his rights. BLAKE stated
that he understood his rights. SIA Tijerino asked BLAKE if he wanted to make a statement.
BLAKE stated: "No because I am still in and out of it."
SIA Tijerino explained to BLAKE that the Case Agents had wanted to go over some of the
information that they had talked about the day before but they had to stop because he had been
falling asleep. BLAKE stated that he had been like that all day today.
S/A Tijerino explained to BLAKE that he had made a couple of statements that they decided that
they needed to talk to him about and needed to read him his rights. SIA Tijerino asked BLAKE if
he wanted to go over his statement from yesterday. BLAKE replied affirmatively.
The Case Agents commented that BLAKE looked better than the previous day.
Page I

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/29 Interview of JACOBS. BLAKE - Re: 015

SIA Tijerino asked BLAKE again if he was sure that he wanted to go over his statement from
yesterday. BLAKE replied: "Yes."
SIA Tijerino then stated that he (BLAKE) had said he was hanging out at his girlfriend's place,
celebrating his sons' birthday and he had been there for five (5) days. At that time BLAKE
corrected SIA Tijerino and told him it was actually four (4) days.
SIA Tijerino continued reviewing BLAKE's previous statement and stated that he (BLAKE) had
said that he had found out that his girl (LAQUISHA BOOKER) had been
at which time they got into a bit of an argument, but he didn't care. At that
time BLAKE stated that "he cared but he didn't take it there." SIA Tijerino asked BLAKE how
she (BOOKER) took that. BLAKE stated that she got angry.
SIA Tijerino then stated that he (BLAKE) had said that he left the area (neighborhood) once.
BLAKE replied affirmatively. SIA Tijerino asked BLAKE where he went. BLAKE stated that
he went to get cigarettes and came back. SIA Tijerino asked BLAKE what happened when he
came back. BLAKE stated that they argued. SIA Tijerino asked BLAKE if he had gotten into
another discussion. BLAKE asked "who, me and my baby mama?" SIA Tijerino replied
affirmatively. BLAKE advised the Case Agents that he had decorated the whole inside of the
house for his son's birthday and that is one of the reasons why he didn't want to go outside (and
argue with LAQUISHA BOOKER who was outside).
SIA TUerino asked BLAKE what happened after that. BLAKE stated that something happened.

SIA Tijerino
asked BLAKE what happened when the Police showed up. BLAKE stated that the Police tried to
grab him by the arm. SIA Tijerino asked BLAKE what happened next. BLAKE stated "I'm
going to tell you".
At this time SIA Tijerino reminded BLAKE that he could stop at anytime. BLAKE replied
affirmatively and stated that he had felt a little sick (yesterday).. SIA Tijerino replied that he
knew and this is why the agents had wanted to go over what he said yesterday, and when he
started to talk about certain information that they needed to advise him of his rights then, but
because he wasn't feeling well the agents left and gave him an opportunity to go through it later.
SIA Tijerino then asked BLAKE what happened next and if the Police showed up. BLAKE
stated that "the Police showed up and they tried to grab me and I grabbed the top of the car to try
to hold myself up if he tried to bring me down ...they tased me right away down there and they
didn't give me more than four minutes, they didn't give me more than three (3) minutes."
SIA Tijerino asked BLAKE what happened next. BLAKE stated that they tried to grab him. SIA
Tijerino asked BLAKE what happened next. BLAKE stated that they tased him and he ripped it
Page 2

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Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/29 Interview of JACOB S. BLAKE - Re: 015

out. BLAKE stated that the Officers told him not to do that (rip it out) and they hit him again
(with the taser) and he ripped those out and he tried to walk off.
S/A Tijerino asked BLAKE what happened next. BLAKE stated that he walked in front of his
car. SIA Tijerino asked BLAKE if he was carrying a knife. BLAKE stated: "yeah, I had my
knife." S/A Tijerino asked BLAKE if he had a knife on him. BLAKE stated: "Yeah." S/A
Tijerino asked BLAKE if he had it in his hand or in his pocket. BLAKE stated that "it wasn't
even open." S/A Tijerino asked BLAKE if he didn't think (it was open). BLAKE stated that he
"didn't think it was." S/A Tijerino asked BLAKE if he had it with him. BLAKE stated: "why
would I pull a knife on a cop, what am I, a knife thrower, I ain't going to pull no knife on no
damn cop." S/A Tijerino advised BLAKE that he thought he had a good sense of humor.
BLAKE stated: "that's just stupid, I just didn't want to, I just grabbed it, man, honestly." S/A
Tijerino asked BLAKE why he grabbed it (knife). BLAKE stated that he "didn't want to leave
my knife behind."
S/A Tijerino repeated "You didn't want to leave the knife behind." BLAKE stated: "that
instantly gives them a defense, he was shot because he had a knife, but I always got my knife."
S/A Tijerino asked BLAKE if it was a habit that he always carried a knife with him. BLAKE
stated: "Yes."
BLAKE further stated that it was crazy because he was just telling (someone else). S/A Tijerino
asked BLAKE who he was just telling that he carried a knife, the Deputy, the Doctor, the nurse.
BLAKE stated that he was just telling one of his "homies" why he always carried a knife - it was
because of possum.
S/A Tijerino advised BLAKE that they wanted to finish up so he asked him if he had the knife
with him the whole time but he thought that it was unopened, thought it was closed, did he have
it with him the whole time that the Officers were trying to taze him. S/A Tijerino asked BLAKE
ifthere was a time that he didn't have it (the knife). BLAKE stated that "no, it was on the floor."
S/A Tijerino asked BLAKE where on the floor. BLAKE stated: "damn near under my car."
S/A Tijerino asked BLAKE when it got there. BLAKE stated that "when they first grabbed me
they grabbed me by the arm I took it out of my pocket and dropped it." BLAKE further stated: "I
can't get in trouble for the knife but I took it out to get this shit away from me because it might
get ugly."
S/A Tijerino asked BLAKE when did he pick it (knife) up again. BLAKE stated: "when he
wrestled me around the car." S/A Tijerino asked BLAKE if he was able to reach down and get it
again. BLAKE replied: Yeah." BLAKE further stated that "when I went around the car the first
time they were going to shoot me so I was trying to figure out what I was going to do, I am a little
dude." S/A Tijerino told BLAKE that he was tough guy as they tased him two times. At this
time BLAKE corrected S/A Tijerino and stated that he had been tased three (3) times.
Page3
This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/29 Interview of JACOB S. BLAKE - Re: 01S

SIA Tijerino asked BLAKE why he wanted to go to the car. BLAKE replied that he wanted to go
to the car "because his kids were in there." SIA Tijerino asked BLAKE why the kids were in
there. BLAKE stated "because their Mom was about to fight the neighbor."
SIA Tijerino asked if all three (3) of them were in there. BLAKE stated that his two oldest kids
were in the car. SIA Tijerino asked BLAKE where was the knife by the time he got to the front
door of the car. BLAKE asked (SIA Tijerino) if he meant when he was getting in the car. SIA
Tijerino replied affirmatively. BLAKE stated: "it was getting thrown." SIA Tijerino asked
BLAKE if he intended to throw it. BLAKE stated: "not at the cops, just going to throw it in my
car."
SIA Tijerino stated that he understood that. BLAKE stated that he knew that they have cameras
and it will show them. BLAKE further stated that he thought that one of them tased him before
he got in the car but that triggered the one before the next one started shooting and that is how he
thinks it happened. BLAKE further stated that he feels that because: "the first one wasn't loud, I
know gun shots, I have been shot and I have been tased as well so this is not my first time."

BLAKE stated that it was because of the first on
shit is down in North Carolina.
SIA Tijerino advised BLAKE that the Case Agents were very appreciative for him talking to
them and being willing to go through some of the things that he said yesterday. SIA Tijerino also
apologized for not being able to finish the prior day but if he might recall he (BLAKE) had
started getting tired and when he started to talk about the knife they wanted to give him his rights
but he was out of it at that point so it was time to stop and come back.

At that time BLAKE asked if he was going to get charged. SIA Tijerino explained to BLAKE
that the job of the case agents was to collect all of the evidence and present it to the Prosecutor
and they make the decision.
SIA Tijerino then presented BLAKE with the OCVS information.

SIA Tijerino asked BLAKE again if he had any questions. BLAKE asked what they were going
to do with this entire situation. SIA Tijerino advised BLAKE that after the case agents got done
the prosecutor had to spend some time reviewing all of this information and then he would make
a decision.
SIA Tijerino gained consent from BLAKE to have OCVS people contact him regarding some
possible services.

Page4

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/29 Interview of JACOBS. BLAKE - Re: 015

S/A Tijerino asked BLAKE if he had any other questions or if there was something that the case
agents should know. BLAKE replied affirmatively and stated: "they didn't have to shoot me like
that, I was just trying to leave and he had options to shoot my tires and even punch me, tase me
again, hit me with the night stick ...! work armed security and I have gotten into it with cats that
are bigger than me and my first thing is, I grab my taser first and then my baton." S/A Tijerino
asked BLAKE, since he had brought it up, why he didn't just say something to them (Officers),
like hey I am going to give up." BLAKE stated: "because he instantly grabbed my hand and he
was trying to put me in handcuffs and I am just like not in front of my kids, not on my kids
birthday." SIA Tijerino asked BLAKE if he said that to them. BLAKE stated: "No, I'm thinking
that. I didn't say it."
S/A Gibbs asked BLAKE if he ever told them that those were his kids. BLAKE stated: "Yeah."
S/A Gibbs asked BLAKE when did he tell them. BLAKE stated: "when he first got there, I told
them these are my kids and she is about to start fighting over there, I'm trying to put my kids in
the car." S/A Tijerino asked BLAKE if he could remember which officer he told that to.
BLAKE stated that he could not recall.
S/A Tijerino asked BLAKE if there was anything else that he wanted to tell the Officers or if he
had any other questions.

-

BLAKE stated that he had another question and S/A Tijerino joked that every time they want to
leave he asks them another question. BLAKE asked the Case Agents if he needed to get an
attorney. S/A Gibbs advised BLAKE that it was completely up to him.
The S/A's thanked BLAKE for his time and he raised his arm to fist pump both S/A Gibbs and
S/A Tijerino. After fist pumping BLAKE the Case Agents wished BLAKE luck on his next
operation and advised him that they would let the nurse know that he wanted some ice.
This interview was terminated at approximately 2:24 PM.
S/A Tijerino used a recorder during this interview and placed it in inventory as part of this report :
20-6420/29. l.

Page 5

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Attachment 6

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/162 Proffer Interview of JACOBS. BLAKE on 09-21-2020 - Re:
Kenosha 015

On 09-17-2020, SIA Tijerino was advised by SAC David Klabunde that The Wisconsin Attorney
General's Office, the Kenosha County DA's Office and the Attorney's representing JACOB S.
BLAKE, BIM, DOBhad agreed to conduct a proffer interview of Mr. BLAKE.
On 09-18-2020 and 09-19-2020, SIA Tijerino contacted Attorney Patrick A. Salvi II and made
arrangements to meet on 09-21-2020, at a predetermined location in Chicago, IL for the purpose
of conducting the aforementioned proffer interview with BLAKE.
On 09-21-2020, at approximate ly 1:00 PM , SIA's Ricar~and
Shannon Jones conducted
a proffer interview of JACOB S. BLAKE , 8/M, DOB: - Re: Kenosha OlS . Present
during this interview were Attorneys: Patrick A. Salvj II, Patrick Cafferty and Investigator Angela
M. Kvidera. The aforementioned meeting occurred in the Westley M. Dixon Boardroom in the
Shirley Ryan Ability Lab located at 355 East Erie Street, Chicago, IL.
It should be noted that prior to the start of the interview, SIA Tijerino was contacted by Deputy
Attorney General Eric Wilson who informed SIA Tijerino that Attorney Salvi II had advised him
that he had four (4) Affidavits that he wanted to hand over to DCI.
It should be also noted that prior to the start of the meeting, SIA Tijerino handed Attorney Salvi a
USB Flash drive containing Text Messages, Pictures, and Contacts recovered from BLAKE's cell
phone. The aforementioned items had been previously requested by BLAKE through Attorney
Salvi.
At that time Attorney Salvi II handed SIA Tijerino four (4) affidavits regarding the incident that
occurred in the City of Kenosha, WI on 08-23-2020.
SIA Tijerino began the meeting by advising BLAKE that he was under no obligation to speak and
he was free to confer with his Attorney's at any time during the interview and furthermore could
stop the interview at anytime for any reason. BLAKE stated that he understood.
SIA Tijerino also advised BLAKE that this interview could be recorded if he wished, but he

understood based on an earlier conversation with Attorney Salvi that he did not wish to have this
interview recorded. BLAKE replied affirmatively.
At this time SIA Tijerino discussed the proffer agreement and showed BLAKE a copy of the
proffer agreement signed by:
Kenosha County DA Michael D. Graveley on 09-17-2020
Walworth County DA Zeke Wiedenfeld on 09-17-2020
Wisconsin Attorney General Joshua L. Kaul on 09-17-2020
Page I

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/162 Proffer Interview of JACOB S. BLAKE on 09-21-2020 - Re:
Kenosha 015

SIA Tijerino confirmed with BLAKE that he has had a chance to talk to his Attorneys about the
proffer agreement. BLAKE replied affirmatively.
SIA Tijerino then confirmed that BLAKE was comfortable moving forward with the interview .
BLAKE stated that he understood and he was ready to go.

S/A Tijerino advised BLAKE that the most important thing was for him to tell the truth. BLAKE
stated that he understood.
At this time, Attorney Salvi presented a copy of the proffer letter to BLAKE at which time
BLAKE signed it and handed it back to Attorney Salvi. Attorney Salvi then handed the signed
proffer agreement to S/A Tijerino.
At this time, S/A Tijerino had a brief discussion with the Attorney's regarding the order of events
for the rest of the proffer interview, including a suggestion on the normal procedural sequence of
events and BLAKE's Attorney's rejected that suggestion as that was not what it was agreed upon
by all the parties involved.
SIA Tijerino then handed the Attorney's two (2) copies of DCI report #'s: 20-6420/16, 20-6420129
and 20-6420165.

It should be noted that SIA Tijerino discussed the fact that no duplicates could be made of the
reports and the Case Agents did not consent to any recordings taking place. Attorneys Salvi and
Cafferty stated that they understood and agreed to those terms.
At approximately l :20 PM, S/A's Tijerino and Jones exited the room and allowed the Attorney's
to review the above listed DCI reports while the case agents observed from behind glass doors in
an adjacent room.
At approximately 2:32 PM, S/A's Tijerino and Jones were called back to the Westley M. Dixon
Boardroom by Attorney Cafferty.
Upon entry into the room Attorney Salvi handed the reports (20-6420/16, 20-6420129 and
20-6420/65) back to S/A Tijerino and stated that they had finished reviewing the DCI reports and
before BLAKE provided his statement there were a few things that they needed to clarify in
regards to the reports. S/A Tijerino advised Attorney Salvi to proceed.
At that time, Attorney Salvi asked BLAKE if he was aware that the Police had their guns drawn
on him while he was walking in front of the car. BLAKE replied that he did not know that the
Police was behind him.

Page2
This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/162 Proffer Interview of JACOBS. BLAKE on 09-21-2020 - Re:
Kenosha OIS

Attorney Salvi asked BLAKE if he had any idea that there was an Arrest Warrant for his arrest.
BLAKE stated that he knew that she had made a complaint, but she later said that she did not so
he moved back in. BLAKE further stated that he did not know that there was an Arrest Warrant
for his arrest in the system.
Attorney Salvi asked BLAKE if LAQUISHA (BOOKER) had rented the car for him. BLAKE
stated that the car was for him as his car was in the shop and LAQUISHA had a different car.
BLAKE further stated that he had been using the car to go shopping for his son's birthday party
and to buy gifts and decorations for the party. BLAKE further stated that LAQUISHA had just
purchased a new car.
Attorney Salvi asked BLAKE if he just wanted to leave when he loaded the kids in the car.
BLAKE replied affirmatively.
Attorney Salvi asked BLAKE if he wanted to leave before the Police arrived. BLAKE replied
that he wanted to leave and get in the car so the Police would not beat on him.
Attorney Salvi asked BLAKE if he was trying to leave the area. BLAKE stated that he was not
going to get into a high speed chase with the cops because his kids were in the car and the Police
did not need to kick his ass.
Attorney Salvi stated that one of the reports stated that BLAKE had taken his knife and dropped
it and asked BLAKE to clarify that. BLAKE stated that the knife fell out of his pocket.
Attorney Salvi asked BLAKE where he was carrying the knife. BLAKE stated that he was
carrying the knife in his left pocket and he always carried the knife in his left pocket. BLAKE
further stated that the knife was a gift to him from a friend and it meant a lot to him. S/A
Tijerino asked BLAKE if he could recall his friends name or when his friend gave him the knife.
BLAKE stated that he could not recall. BLAKE further stated that he did not realize that the
knife was out of his pocket until he saw it on the ground. S/A Tijerino asked BLAKE how many
times he picked the knife off the ground. BLAKE stated that he only picked it up once.
Attorney Salvi asked BLAKE what he intended to do with the knife. BLAKE stated that he just
wanted to pick up the knife and get rid of it so no one would look at him like he was going to use
it and the Police would shoot him.
Attorney Salvi asked BLAKE why he was trying to get to the car. BLAKE stated that his
intention was to drop the knife in the car. BLAKE stated that he had no intentions to use the
knife. BLAKE also stated that he did not brandish the knife, he did not swing the knife, he did
not point the knife at anyone, and he did not have any intention to hurt anyone.

SIA Tijerino thanked Attorney Salvi and BLAKE for clarifying those items and now that they
had brought up the knife he wanted to show him something.
Page 3

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/162 Proffer Interview of JACOBS. BLAKE on 09-21-2020 - Re:
Kenosha OIS

At approximately 2:42 PM, SIA Tijerino showed BLAKE a picture showing a Karambit black
knife with a curved blade measuring approximately 7 .5 inches in length. At that time SIA
Tijerino asked BLAKE if that was his knife. BLAKE replied: "Yes, that's my knife."
SIA Tijerino asked BLAKE if he was carrying the knife when he was walking in front of the

SUV. BLAKE stated that he was carrying it in his left hand and he tried putting it in his left
pocket twice, but was not successful. SIA Tijerino asked BLAKE if he could recall if the blade
was open when he was trying to put the knife away in his pocket. BLAKE stated that he doesn't
remember if the knife was open, but believes that it was closed.
SIA Tijerino then showed BLAKE a picture portraying various B/F's and asked him to identify
the women in the picture. BLAKE positively identified LAQUISHA (BOOKER) in the picture
as the woman wearing a black shiit and multi colored pants. BLAKE then positively identified
the BIF wearing a black shirt as--~•
AKA:
SIA Tijerino asked BLAKE if he knew who were the other women in the picture. BLAKE stated
that he did not know who the other women in the picture were.
SIA Tijerino asked BLAKE what was goin on at the house.

(BOOKER was ar

in with her neighbor
SIA Tijerino asked BLAKE if he knew the name of the other
woman. BLAKE stated that he did not know her name.
SIA Tijerino asked BLAKE if he had been using drugs or consuming alcohol that day. BLAKE
stated that he had not been drinking or using drugs that day.
SIA Tijerino asked BLAKE if he had any previous dealings with the Officer that shot him.
BLAKE stated that he did not recall ever having dealings with that Officer in the past.

SIA Tijerino asked BLAKE if the Officers said anything to him when they first approached him.
BLAKE stated that the Officer did not say anything to him. SIA Tijerino asked BLAKE what he
was doing when the Officer first approached him. BLAKE stated that he was putting his oldest
son in the car and he was not paying attention to the Police.
SIA Tijerino asked BLAKE if he tried to walk away from the Officers. BLAKE stated that he
was not paying attention to the Officers as he was putting his oldest son in the back of the car and
the next thing he knows someone grabbed his arm.
SIA Tijerino asked BLAKE if he could hear anyone else saying anything to him. BLAKE stated
that there was a lot of screaming and lots of people were shouting stuff, so he doesn't know who
was shouting what and he could not tell what they were saying.
Page4

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the properly of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/162 Proffer Interview of JACOB S. BLAKE on 09-21-2020 - Re:
Kenosha 01S

S/A Tijerino asked BLAKE if he understood why the Officer grabbed his arm.
that his thought was: "What the Fuck!" as he did not know what was going on.

BLAKE stated

S/A Tijerino asked BLAKE if he understood what the Officer was trying to do. BLAKE stated
that he did not understand what was going on and he recalls being pushed into his car from
behind his chest into the car and the Officer was still not saying anything.
S/A Tijerino asked BLAKE if he said anything to the Officer like: "Don't do this bro! Don't do
this bro!" after he grabbed him. BLAKE stated that he never said anything to the Officer and all
he recalls is being dragged down to the ground by multiple Officers.
S/A Tijerino asked BLAKE if the Officer said anything to him like: "Give me your hand" or
"Stop resisting!" BLAKE stated that the Officer did not say anything to him.
S/A Tijerino asked BLAKE if LAQUISHA was saying anything to him or the Police during the
incident. BLAKE stated that he recalled hearing her voice, but he has no idea what she was
saying or who she was saying it to.
S/A Tijerino asked BLAKE if he was considering running from the Police. BLAKE stated that
he would not run from the Police because he is too slow. S/A Tijerino asked BLAKE if he ever
looked for a route to flee or was he ever looking around while the Officer was speaking to him.
BLAKE stated that he was looking around because he did not understand what was going on, but
he never thought of running from the Police.
S/A Tijerino asked BLAKE what was going through his mind at this time. BLAKE stated that all
he was thinking was about his kids and he did not want them to see him get hurt and he just
wanted to get out of there.
S/A Tijerino asked BLAKE if he understood why the Officer grabbed his arm. BLAKE stated
that when he first made contact with someone, the person grabbed him by his wrist and pushed
his wrist down causing him pain which caused him to pull his arm back. BLAKE further stated
that he did not know who was doing that to him at that time because the person did not identify
himself as a Police Officer and did not say anything letting him know that he was a Police
Officer. BLAKE further stated that he did not understand why the Police grabbed his arm.
At approximately 2:48 PM, the interview was momentarily stopped so a nurse could check on the
well being of BLAKE.
At approximately 2:50 PM, the interview resumed.
S/A Tijerino asked BLAKE if he understood that an Officer was trying to arrest him. BLAKE
stated that he did not understand what was going on because the person never said anything to
him.
Page 5

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/162 Proffer Interview of JACOB S. BLAKE on 09-21-2020 - Re:
Kenosha 015

SIA Tijerino asked BLAKE at what point did he realize that it was a Police officer that was trying
to control his arm. BLAKE stated that he realized it when the Officer pushed him against the
SUV and pushed him on his chest, but again the Officer did not say anything to him.

SIA Tijerino asked BLAKE what was going through his mind at the time that the Officer pushed
him against the SUV. BLAKE stated that he could not understand what was going on because
the Officer didn't say anything to him and all he wanted to do was to get out of there with his
kids. BLAKE further stated that all he could think of was his kids. BLAKE further stated that he
recalls also thinking: "Its' my child's birthday. This can't be happening. They are probably
watching." BLAKE also stated that he felt very disappointed in the Police because of what they
were doing.
SIA Tijerino asked BLAKE if the officer ever said anything to him like: "Give me your hand!" or
"Stop resisting!" BLAKE stated that the Officer never said anything to him.
SIA Tijerino asked BLAKE if he ever said anything to the Officer like: "Don't do this bro! Don't
do this!" BLAKE stated that he never said anything to the Officer.
SIA Tijerino asked BLAKE if he ever reached into his waistline during this portion of his
encounter with the Officer. BLAKE stated that he never reached into his waistline .
SIA Tijerino asked BLAKE what happened after the Officer pushed him against the car. BLAKE
stated that he was pulled to the ground by what he believes to be multiple Officers. SIA Tijerino
asked BLAKE if the Officers were saying anything to him while they were pulling him to the
ground. BLAKE stated that the Officers were still not saying anything to him, just punching him,
grabbing him by the hair, and trying to slam him to the ground.
SIA Tijerino asked BLAKE if he realized that the Officers were trying to handcuff him. BLAKE
stated that at no point did he see a set of handcuffs or believed that they were trying to handcuff
him as they never said anything to him, so he did not know what was going on.
SIA Tijerino asked BLAKE if he knew how many Officers were dealing with him at this point.
BLAKE stated that he did not know how many Officers were dealing with him and he does not
know exactly what they were doing.

SIA Tijerino asked BLAKE if he could hear any of the Officers yelling at him or anyone else
around him yelling anything. BLAKE stated that he could hear people screaming at the Police
and he could recall hearing LAQUISHA (BOOKER) yelling something, but he could not tell
what she was saying. BLAKE further stated that he recalled thinking to himself: "Here it
goes ...Here comes the Bull Shit!" SIA Tijerino asked BLAKE what he meant by the "Bull Shit."
BLAKE explained that by that comment he meant that the "beating would begin." SIA Tijerino
Page 6

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/162 Proffer Interview of JACOBS. BLAKE on 09-21-2020 - Re:
Kenosha 015

asked BLAKE if he meant that the Officers would start beating him physically. BLAKE replied
affirmatively.

SIA Tijerino asked BLAKE if he recalled anyone shouting: "Show us your hands!" BLAKE
stated that he did not hear anyone saying that.
SIA Tijerino asked BLAKE if he recalled anyone shouting: "Hands! Hands! Hands!" BLAKE
stated that he did not hear anyone saying that.
SIA Tijerino asked BLAKE if he recalled anyone shouting: "Taser!" BLAKE stated that he did
not hear anyone saying that.
SIA Tijerino asked BLAKE if the Officer ever backed away from him. BLAKE stated that the
Officer backed away from him and then someone tased him. SIA Tijerino asked BLAKE what
happened after that. BLAKE stated that he tore the prongs out.
SIA Tijerino asked BLAKE if he knew who tased him. BLAKE stated that he did not know
where the taser came from or who fired it. SIA Tijerino asked BLAKE if he could recall where
he was tased. BLAKE stated that he was tased in the chest area twice, back to back.
SIA Tijerino asked BLAKE why he tore the taser cables. BLAKE stated that he just wanted to
get out of there and all he was thinking about was his kids.
SIA Tijerino asked BLAKE what he was thinking at that time. BLAKE stated that at that time he
realized that they were trying to hurt him. SIA Tijerino asked BLAKE if it ever occurred to him
to just stop and talk to the Officers that were trying to stop him. BLAKE stated that they never
made it seem like they were policing, since all they did was beat him and then tased him.
SIA Tijerino asked BLAKE where he was standing at the time that he got tased. BLAKE stated
that he was in the grassy area in front of his house. SIA Tijerino asked BLAKE if he recalled
how many times he was tased. BLAKE stated that he was tased multiple times, but can not recall
where he was when he got tased.
SIA Tijerino asked BLAKE what he did when he got tased. BLAKE stated that he took out the
taser prongs by pulling them out. SIA Tijerino asked BLAKE why he did that instead of just
stopping and giving himself up. BLAKE stated that it was his son's birthday, he wanted to enjoy
himself, and he didn't like that being taken away from him.
SIA Tijerino asked BLAKE if he did anything else at that time. BLAKE stated that he did not do
anything else as all he was thinking about was his kids and not wanting to be away from them .
At approximately 3: 17 PM, Case Agents took a break at the request of Attorney Salvi and
stepped out of the room.
Page 7

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/162 Proffer Interview of JACOB S. BLAKE on 09-21-2020 - Re:
Kenosha 01S

At approximately 3 :21 PM Case Agents stepped back into the room and started the interview
again.
SIA Tijerino asked BLAKE if he was aware that he was struck with a taser. BLAKE stated that

he did not understand why they tased him or why any of this was happening.
SIA Tijerino asked BLAKE if he could recall what happened after he got tased. BLAKE stated
that he could not remember what happened right after he got tased, but he believed that this is
when the Officers started grabbing him and jumped on him.
SIA Tijerino asked BLAKE if he remembered where he was at the time that the Officers grabbed

him. BLAKE stated that he believes that he was in the back of the truck and he recalled that the
Officer tried to pick him up and throw him to the ground and he grabbed a part of the truck so the
Officer could not pick him up, but that Officer eventually got him and they both went down to the
ground.
SIA Tijerino asked BLAKE if he remembered if there were any verbal comments being shouted
by the Officers at the time that he was being taken down. BLAKE stated that he did not recall the
Officer shouting anything at that time.
SIA Tijerino asked BLAKE if he could recall what happened when he was taken to the ground.

BLAKE stated that they both landed on their side and they were basically giving each other a bear
hug.
SIA Tijerino asked BLAKE if at any point during this physical struggle, did the Officer have him
in a choke hold or did he at any point hold the Officer in a choke hold. BLAKE stated that the
Officer had him in a choke hold and he was punching him. BLAKE further stated that he
remembered others trying to choke him and he tried to pull someone's arm off his neck. At that
time, BLAKE described an arm being wrapped around his neck and his struggle to separate that
arm from his neck area so he could breathe.
SIA Tijerino asked BLAKE if he was saying anything to the Officer that had him in a choke hold

or did the Officer say anything to him at that time. BLAKE stated that he did not recall saying
anything to the Officer but he remembers that the Officer did not say anything to him.
SIA Tijerino asked BLAKE if he remembered which arm the Officer used to choke him. BLAKE

stated that he believed that the Officer was choking him with his right arm.
SIA Tijerino asked BLAKE if he ever punched the Officer. BLAKE stated that he never punched

the Officer as all he was trying to do was to get to safety.

Page 8

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/162 Proffer Interview of JACOBS. BLAKE on 09-21-2020 - Re:
Kenosha OIS

SIA Tijerino asked BLAKE if he ever choked the Officer. BLAKE stated that he did not choke
the Officer and he did not know what the Officers were doing.
SIA Tijerino asked BLAKE if the Officer(s) said anything to him while he was being choked and
being taken to the ground.
SIA Tijerino asked BLAKE if he had the knife during this time period. BLAKE stated that he
doesn't remember where the knife was at that point.
SIA Tijerino asked BLAKE if he ever heard anyone shout:
Knife!" BLAKE stated that he never heard anyone shout that.

"He has a knife!" or "Drop the

SIA Tijerino asked BLAKE if he ever reached into his waistband. BLAKE stated that he never
reached into his waistband.
SIA Tijerino asked BLAKE what he did after they both went to the ground. BLAKE stated that
he got up and started to walk away and he saw his knife on the ground so he picked it up and
decided that he wanted to put it back in his car and started to walk around the car. BLAKE
further stated that he only intended to put the knife back in the car.
SIA Tijerino asked BLAKE if he knew what the Officers were doing at that time. BLAKE stated
that he did not know what the Officers were doing and did not recall if they were saying anything.
SIA Tijerino asked BLAKE what was on his mind at this time. BLAKE stated that he recalls
thinking to himself: "Get in the truck or they are going to kill you."
SIA Tijerino asked BLAKE if he recalls getting tased again after he got up from the back of the
SUV. BLAKE stated that he didn't remember being tased again.
SIA Tijerino asked BLAKE if he understood why he was getting tased. BLAKE stated that he
honestly did not know why they were tasing him. BLAKE further stated that the Officers did not
say anything to him while he was being tased.
SIA Tijerino asked BLAKE what he did when he got up and started walking towards the front of
the vehicle. BLAKE stated that he got up and saw his knife on the ground so he picked it up. He
then started walking towards the front of the car.
SIA Tijerino asked BLAKE how he broke free. BLAKE stated that he could not recall how he
broke free and all he recalls is that he was crawling and then he got up.
SIA Tijerino asked BLAKE why did he start walking toward the front of the vehicle after he
broke free from the Officers. BLAKE stated that he wanted to be safe, he wanted to get the knife
Page9

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/162 Proffer Interview of JACOB S. BLAKE on 09-21-2020 - Re:
Kenosha 015

out of there. BLAKE further stated that he did not want that knife to be part of anything that the
Police could say was the reason why they could shoot him.
SIA Tijerino asked BLAKE to explain what he meant by that. BLAKE stated that he meant that

the Police would say they are justified in shooting him for having the knife.
SIA Tijerino asked BLAKE where the knife was as he walked in front of the car. BLAKE stated
that he was carrying his knife in his left hand and he tried putting it away in his left pocket twice
but for some reason he was not able to do so.
SIA Tijerino asked BLAKE if the knife was open or closed at that time. BLAKE stated that he

could not recall if the knife was open or closed.
SIA Tijerino asked BLAKE to describe what happened next. BLAKE stated that he continued
walking around the vehicle and tried to enter the car through the front driver's side door.
SIA Tijerino asked BLAKE if he could tell if there were any Officers following him. BLAKE
stated that he had no idea where the Officers were as the only thing on his mind was his kids,
putting away the knife, and getting out of there.
SIA Tijerino asked BLAKE to describe what happened next. BLAKE stated that he switched the

knife to his right hand, so he could open the door of the car with his left hand and then tried to get
in the car.
SIA Tijerino asked BLAKE if he knew where the officers were as he opened the door to the car
and tried to get in the car. BLAKE stated that he did not know where the Officers were as there
was a lot of confusion with lots of people screaming.
SIA Tijerino asked BLAKE if he could tell who was screaming and what they were saying.

BLAKE stated that he did not know who was screaming or what they were saying.
SIA Tijerino asked BLAKE if he had seen the video of the shooting on Social Media. BLAKE
stated that he had seen it one (1) or three (3) times and saw that he got shot sometime after he
opened the door and tried to get in the vehicle.
SIA Tijerino asked BLAKE when was the last time that he saw the video. BLAKE stated that he

could not remember when he saw the videos.
SIA Tijerino asked BLAKE if he heard anything on the video. BLAKE stated that he could hear
someone shouting: "Drop the knife." SIA Tijerino asked BLAKE if he could tell who was
shouting that verbal command. BLAKE stated that he assumed that it was the Police that was
shouting that, but he was not sure and he did not recall hearing that during the incident.
Page 10

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/162 Proffer Interview of JACOBS. BLAKE on 09-21-2020 - Re:
Kenosha OIS

S/A Tijerino asked BLAKE what he was thinking as he entered the vehicle. BLAKE stated that
he wanted to put the knife in the car and lock the door to keep the Police out.
S/A Tijerino asked BLAKE what happened after that. BLAKE stated that he opened the door
and he tried reaching in so he could put the knife in the center console, but he felt his shirt being
pulled.
At this time S/A Tijerino stood up and physically showed BLAKE how his body could have
moved or turned from right to left as he entered the vehicle at the same time that the Officer was
forcefully pulling his (BLAKE) shirt towards him. At that time SIA Tijerino asked BLAKE if
that is what happened. BLAKE replied: "Yes."
S/A Tijerino asked BLAKE where his knife was at this point. BLAKE stated that the knife was
in his right hand.
S/A Tijerino asked BLAKE if he did anything with the knife. BLAKE stated that he did not
point the knife at anyone, he did not swing the knife at anyone, he did not make any forward
motion towards anyone with the knife, and he did not raise the knife towards anyone. BLAKE
further stated that he did not hold the knife in a way which could be' interpreted as being pointed
towards anyone, especially the Officer.
S/A Tijerino asked BLAKE if he could recall if the knife was opened or closed while he was
attempting to get in the car. BLAKE stated that he could not recall if the knife was opened or
closed.
S/A Tijerino asked BLAKE if the Officer that grabbed his shirt said anything to him. BLAKE
stated that he did not recall the officer saying anything to him.
S/A Tijerino asked BLAKE what he was thinking at that moment. BLAKE stated that he was
thinking: "They are trying to kill me and I need to get in my car." BLAKE further stated that he
remembers thinking about his kids.
S/A Tijerino asked BLAKE what happened next. BLAKE stated that the next thing he
remembers is hearing shots being fired. BLAKE further stated that he still did not recall any
verbal commands by any of the Officers.
S/A Tijerino asked BLAKE if he understood that he had been shot. BLAKE stated that he
understood that he had been shot because he had been shot before. BLAKE further stated that he
recalls being in lots of pain and thinking to himself that he was going to die in front of his kids.
BLAKE also stated that he told his kids that he loved them and to never forget that.

Page 11

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/162 Proffer Interview of JACOBS. BLAKE on 09-21-2020 - Re:
Kenosha OIS

S/A Tijerino asked BLAKE if he was thinking about anything else at that time. BLAKE stated
that he was not thinking about the knife if that was what S/A Tijerino was referring to. BLAKE
also stated that the only thing he was thinking about was the kids.
S/A Tijerino asked BLAKE if he put the knife down or did he drop the knife. BLAKE stated that
he believed that he was trying to get rid of the knife when he got shot and didn't remember if he
dropped it after the Officer pulled his shirt or after he got shot.
S/A Tijerino asked BLAKE if he recalled where the knife ended up. BLAKE stated that the knife
was on the floor of the vehicle.
S/A Tijerino asked BLAKE if he recalled what happened after he got shot. BLAKE stated that he
didn't know if he was on the seat of the car or on the floor, but he recalled that the Officers were
laughing and he thought that they were laughing because they had shot him. BLAKE further
stated that he recalled the Officers were asking out loud: "Who shot? Who Shot? Who shot?"
S/A Tijerino asked BLAKE if the Officers rendered assistance to him. BLAKE stated he recalled
someone saying to him: "Stay with me. Stay with me!" BLAKE stated that he also recalled
asking for water.
This interview was terminated at approximately 3:58 PM .
S/A Tijerino explained to BLAKE and Attorneys Salvi and Cafferty that he would be writing a
report and they would meet a later date and time. At that time they would have the opportunity to
review the report for its accuracy. S/A Tijerino explained that if there was anything that they
wanted to add, correct and/or clarify, they could do so at that time.
S/A Tijerino submitted the picture of various B/F's used in this interview into evidence as part of
this report: 20-6420/162.1.
S/A Tijerino submitted the picture of a knife used in this interview into evidence as part of this
report: 20-6420/162.2.
S/A Tijerino submitted the proffer letter signed by JACOBS. BLAKE, B/M, DOBon 09-21-2020 in the presence of Attorney's SAL VI II and Cafferty into evidence as part of this
report: 20-6420/162.3.
SIA Tijerino submitted the four (4) affidavits submitted by Attorney Salvi to S/A Tijerino on
09-21-2020 into evidence as part of this report: 20-6420/162.4.

S/A Tijerino electronically submitted a copy of the above listed picture (20-6420/162.1) as an
attachment to this report.
Page 12

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 20-6420/162 Proffer Interview of JACOBS. BLAKE on 09-21-2020 - Re:
Kenosha 01S

S/A Tijerino electronically submitted a copy of the above listed picture (20-6420/162.2) as an
attachment to this report.
S/A Tijerino electronically submitted a copy of the above listed proffer letter (20-6420/162.3) as
an attachment to this report.
S/A Tijerino electronically submitted a copy of the above listed affidavits as an attachment to this
report.
It should be noted that S/A Tijerino asked Attorney's Salvi and Caffer~~ould
assist him,
if they could, in encouraging LAQUISHA BOOKER and ~ ~ to provide SIA
Tijerino with a statement.
S/A Tijerino stated that he considered the two of them as
essential/critical witnesses as they were present during the entire incident and so far they have not
cooperated in spite of numerous efforts.

It should also be noted that SIA Tijerino made minor grammatical corrections to this report
(20-6420/162) and two (2) changes which were requested by Attorney Salvi and approved by
DCI's Administration.
All other major changes, suggestions, edits, corrections or additions, points of contention or
points of clarification to this report (20-6420/162) will be documented on DCI report #
20-6420/181 after Attorney Salvi has had an opportunity to review this report as agreed in the
proffer and after approval by DCI Administration.

Page 13

This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. It is the property of this Division, and is loaned to your agency. Its contents are not to be
distributed outside your agency.

 

 

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