THE ABOVE NAMED COMPLAINING WITNESS BEING DULY SWORN SAYS THAT THE ABOVE NAMED DEFENDANT(S) IN THE COUNTY OF MILWAUKEE, STATE OF WISCONSIN.

COUNT 01: CRIMINAL DAMAGE TO PROPERTY (REDUCED IN VALUE BY MORE THAN $2,500), PARTY TO A CRIME (As to Defendants Michael Pratt, Sowande Omokunde, Lewis Caldwell, Lavelle Mohammad and Justin Howell)

THE ABOVE NAMED COMPLAINING WITNESS BEING DULY SWORN SAYS THAT THE ABOVE NAMED DEFENDANT(S) IN THE COUNTY OF MILWAUKEE, STATE OF WISCONSIN.

COUNT 01: CRIMINAL DAMAGE TO PROPERTY (REDUCED IN VALUE BY MORE THAN $2,500), PARTY TO A CRIME (As to Defendants Michael Pratt, Sowande Omokunde, Lewis Caldwell, Lavelle Mohammad and Justin Howell)

On November 2, 2004, at 7113 West Capitol Drive, City of Milwaukee, as party to a crime, did intentionally cause damage to the physical property of the Republican Party Of Wisconsin without said person’s consent, whereby said property was reduced in value by more than $2500.00, contrary to Wisconsin Statutes Section 943.01(2)(d) and 939.05.

AS TO COUNT 01:
Upon conviction of this charge, a Class I Felony, the maximum possible penalty is a fine of not more than $10,000 or imprisonment for not more than 3.5 years or both.

Your complaining witness states that he is a detective employed by the Milwaukee Police Department. He makes this complaint based upon his own investigation, based upon statements made to him by adult citizens who he believes to be reliable and based upon his review of reports prepared by fellow law enforcement officers. Complainant states that he has reviewed such reports in the past and has found them to be accurate and reliable.

Complaining witness states that on November 2, 2004, at approximately 6:45 a.m. the Milwaukee Police Department was contacted by Rick Wiley who identified himself as a political director for the Republican Party of Wisconsin. Mr. Wiley informed the Milwaukee Police Department that between October 29 and November 1, 2004 he had rented a large number of vans to be used for the final weekend of the presidential campaign. He stated that on November 1, 2004 all the vans were parked at a Republican Party office located at 7113 West Capitol Drive in the City and County of Milwaukee. When Mr. Wiley arrived at the Capitol Drive office at approximately 6:15 a.m. on Tuesday, November 2, he discovered that the tires had been slashed on a number of the vans. Mr. Wiley stated that some of the tires went flat right away. In addition, during the course of the day three vans that were not immediately recognized as having flat tires had tires deflate while being driven that morning. Mr. Wiley subsequently made arrangements with the Firestone dealer on 60th and Capitol Drive to get the tires repaired. The Firestone dealer dispatched tow trucks to the Republican Party office to begin repairing the tires. In addition, the three vans that became disabled were towed to the Firestone station for the purposes of repairs. Mr. Wiley reported that Firestone began towing vehicles around noon. The invoices provided by Mr. Wiley show that 40 tires on 25 separate vehicles were damaged during the course of this incident. The total cost for repairing the tires was $4,192.35. In addition, the towing charges were $1,125.00. Mr. Wiley stated that he had rented the vehicles and that he and the Republican Party of Wisconsin were responsible for repairing the damage. He further stated that he had given no one in the world permission or consent to slash the tires. Mr. Wiley had rented the vans for the purposes of being used to transport voters to the polling places on November 2, 2004 as well as transporting poll watchers to their poll locations.

Complaining witness states that 7113 W Capitol Drive is on the south side of Capitol Drive and that that block on the south side is bounded to the west by the 3900 block of North 72nd Street and is bounded on the east by the 3900 block of North 71st Street. Complainant states that an alley runs behind 7113 W Capital Drive connecting the 3900 block of north 72nd Street to the 3900 block of North 71st Street and that there is a vacant lot west of 7113 W Capitol Drive which can be used for parking.

Complaining witness states that he spoke with Lawrence Shobe who identified himself as the service manager at the Firestone Tire Center located at 4060 N. 60th Street. Mr. Shobe confirmed that the repairs to the RNC vehicles were completed on November 2-3, 2004. He examined the tires as the vehicles were brought in and 90% of the flat tires had slashes or punctures on the sidewalls and needed to be replaced. He confirmed that the charges for these repairs were $4192.35, plus the towing charges.

Complaining witness states that Milwaukee Police Detective Matthew Quist spoke to an adult citizen Cedric Peoples who identified himself as a security guard for Milwaukee Patrol. Mr. Peoples stated that on the night of November 2, 2004, he was working as a security guard at the Republican National Committee office located at 7113 West Capitol Drive in the City and County of Milwaukee. Mr. Peoples stated that there was a parking lot on the west side of the building where there were several rented vans used by the campaign. Peoples stated that there was an alley behind the building where there were several more vans rented by the campaign. At approximately 3:30 a.m. on November 2, 2004, Mr. Peoples was circling the block in his own personal car when he began to see suspicious behavior. Peoples informed Detective Quist that he saw two vans in the 3900 block of North 72nd Street with van number one facing southbound and van number two facing northbound. Both vans were new rental style vans that were light in color. Peoples saw a black male who he described as being in his late 20s to early 30s exit the van which was facing southbound and walk over to the van that was facing northbound. This black male began talking to persons that were in the northbound facing van. Peoples was able to see that there were two to four people inside the second van. The black male then entered the second van which drove off northbound. This van pulled around the block into the 3900 block of North 71st Street and the doors were opened to the van, and the same black male that Peoples had originally observed exited this van. This individual subsequently identified as the defendant Lavelle Mohammad began walking westbound on West Capitol Drive and walked all the way to the rear of a furniture store at 72nd and Capitol Drive where Peoples observed defendant Mohammad begin to urinate behind the building.

Defendant Mohammad then walked over to the bus stop at 72nd and Capitol Drive. Peoples stated that he continued to monitor defendant Mohammad because he was suspicious, as he knew that the buses had already stopped running. Peoples observed defendant Mohammad talking to someone on a cell phone. Peoples watched Mohammad wait at the bus stop for five to 10 minutes and then Peoples saw the van drive by Mohammad going westbound and then make a u-turn returning eastbound. The van stopped in front of defendant Mohammad who motioned for it to go. This van then went eastbound and did not return.

Peoples then observed a white newer model four-door sedan with Illinois license plate 4969825 pull up eastbound and stop next to defendant Mohammad. Defendant Mohammad then entered this vehicle which was driven by an individual subsequently identified as Leshaunda J. Williams. Peoples followed Ms. Williams’ car which drove to the area of the west parking lot on North 72nd Street. Defendant Mohammad then got out of the vehicle and walked over to the van that Peoples had originally seen defendant Mohammad get out of. Defendant Mohammad reentered that van and drove off. The white auto then also drove off. Peoples followed the auto southbound for half a block and wrote down the license plate number on a piece of paper. Peoples then drove into the alley behind 7113 W Capitol Drive where several of the Republican rental vans were parked. At that point Peoples saw a white male who he described as being in his late teens to early 20s standing by some of the vans. Defendant Caldwell is a white male. When Peoples got out of his vehicle to see what defendant Caldwell was doing, Peoples saw defendant Caldwell then flee eastbound into the alley. Peoples could then hear the sound of air going out of tires. He then checked and saw that tires had been slashed on the vans in the alley. Peoples checked vans in the parking lot to the west where tires had also been slashed.

Your complaining witness states that during the course of the investigation, it was determined that the white automobile bearing Illinois license plate 4969825 was listed as being rented by an individual named Opel Simmons III. Police also learned that Simmons was in Wisconsin to work for the Democratic National Committee.

On November 2, 2004 at approximately 8:30 p.m., Milwaukee Police officers located the vehicle with Illinois license plate 496-9825, which was parked on the street in the 3900 block of North Teutonia Street. At approximately 10:00 p.m. an individual identified as Leshaunda J. Williams was observed placing something in the trunk of the vehicle and then entering the vehicle and driving away. The vehicle was subsequently stopped on 7th Street. When officers questioned Ms. Williams, she informed them that the car was a rental and that her boss, Opel Simmons, was the one who had rented it. While officers were present at this scene on North 7th Street, they were approached by Opel Simmons who informed them that he was the person who had rented the car and that it was to be used by his workers for their campaign activities. Simmons was asked to accompany the officers to the Police Administration Building and agreed to do so. While there Simmons spoke to Detective Brian Reilly and informed Detective Reilly that he had knowledge of what had occurred at the Republican Party headquarters although he was not directly involved. He stated that he knew that tires had been slashed at the Republican headquarters and that five of his workers were involved. Simmons identified them defendant Michael Pratt, defendant Sowande Omokunde who Simmons knew as Supreme Allah, defendant Lavelle Mohammad, defendant Lewis Caldwell and defendant Justin Howell. He stated that on Monday, November 1, 2004, a group of individuals were at the Democratic headquarters at Teutonia and Capitol when they discussed a plan to go to the Republican National Committee office at 71st and Capitol and put yard signs, placards and bumper stickers on their building. They wanted it to look like a Democratic Party headquarters. They even came up with the name “Operation Elephant Takeover.” Simmons stated that after this meeting took place, he and Levar Stoney drove to Madison in order to meet with other individuals from the Democratic Party. He stated that none of this plan was ever sanctioned by the Democratic Party. Simmons stated that when he returned to Milwaukee in the early hours of November 2, 2004, he was informed by one of his workers that there were security guards at the Republican office, and the plan was called off.

Your complaining witness states that Milwaukee Police officers were present when Mr. Simmons was interviewed by Milwaukee County Assistant District Attorney David Feiss. Simmons informed Assistant District Attorney Feiss that when he returned to the Democratic Party headquarters sometime around 3:00 a.m. on November 2, 2004, he observed defendant Pratt, defendant Omokunde, defendant Mohammad, defendant Caldwell and defendant Howell dressed in what he described as “Mission Impossible” type gear, black outfits and knit caps. Simmons then asked the five, “What are you guys going to do? You know they got folks up there.” One of the five responded by telling him words to the effect of “Oh, man, you don’t want to know, you don’t want to know.” He indicated that they were laughing and joking with him and told him again that they couldn’t tell him what they were about to do and that he didn’t want to know. He then told them to be careful and stated that he didn’t know what they had planned but they could not confront anyone. Simmons stated that prior to leaving, defendant Lavelle Mohammad looked at him and said in response to Simmons’ questions about what they were getting ready to do, “You don’t want to know, don’t ask.”

Simmons stated that approximately 20 minutes later all five of the defendants were extremely excited. When they came into the office, defendant Pratt stated, “They won’t go anywhere now, man, we got ‘em, we got ‘em.” Simmons asked what was going on, and defendant Mohammad repeated, “We got ‘em, we got ‘em. They’re not going anywhere now.” Defendant Caldwell stated, “Man, I walked right past the security guard. He didn’t even know anything was going on.” Then defendant Mohammad stated, “That’s ‘cause, you know, I was acting all crazy, you know, I was acting crazy. I even let him watch me piss.” Simmons again asked, ”What’s going on?” and defendant Pratt said, “We got ‘em. We hit the tires.” Then all five of the defendants started to remark about various tires and how they heard the “phew, phew, phew” sound of air coming out of the tires. Simmons stated that he could not recall specific statements by defendants Omokunde or defendant Howell but that they were both present and participated in the conversation.

Simmons stated that at some point during the day someone in the office pulled an article from the Journal Sentinel website on the incident. Simmons had a conversation with defendant Mohammad in which defendant Mohammad remarked that he was going to pull that article down and frame it and put it on his wall. Simmons stated that he interpreted this as a sort of “you can’t catch me” type statement by defendant Mohammad. Simmons stated that he did not talk to any of the other defendants about the tire-slashing incident during the course of the day on November 2, 2004.

Complaining witness states that Levar Stoney was interviewed by an FBI Agent on January 14, 2005 In Virginia. He informed the agent that he had been in Wisconsin from early October until just after the November election working on a Get Out the Vote effort. On the day before the election he was at Democratic headquarters when there was a discussion of a plan to go to the Republican headquarters and place or remove signs. He heard no discussion about slashing of any tires. They were to meet at their headquarters at 2:00 a.m.

At around 11:00 p.m. he drove to Madison with Opel Simmons to pick up some materials they needed for election day. When they returned, they went to hotel for a short while and then returned to headquarters. When they arrived at around 2:30 a.m., he saw defendant Pratt, defendant Mohammad, defendant Howell, defendant Caldwell and defendant Omokunde, who he knew as “Supreme”. They were with co-workers of his, Alicia Smith, Myesha Ward and Ashley Collier. A person who he did not know who he described as a friend of defendant Howell’s was also present. He heard someone in the group say “are you ready to go?” He responded by saying that there were about 100 vans and a lot of people still at the Republican headquarters. He decided he did not want to go and he was taunted as a result.

A short time later Stoney said he awoke to a lot of commotion in the office. He walked out and he saw defendant Pratt, defendant Mohammad, defendant Omokunde, defendant Howell, defendant Caldwell and the friend of Howell’s. He heard one of them say “we got em good.” The group discussed slashing tires and then proceeded to go into details about what their roles had been. Stoney heard that defendant Mohammad was the “ deception guy”, who walked around acting like he was drunk. He heard that defendant Omokunde tried to slash some tires, however he was unsuccessful on his first attempt. On his second attempt Omukunde was able to slash a tire. He heard that defendant Caldwell, also known as “Gib” got one or two and defendant Pratt got four tires. During this conversation Stoney saw one of the men carrying a knife which he described as a “steak knife.” Stoney heard defendant Pratt tell the person with the knife to put it away.

Complaining witness states that Leshaunda “Joy” Williams spoke to Milwaukee Police detectives on November 3, 2004 and special agents with the Federal Bureau of Investigation on January 13, 2005 regarding this incident. Ms. Williams stated that she was present at the north side Democratic headquarters which was at 3967 North Teutonia Ave. on Monday, November 1, 2004 when a discussion took place about “Operation Elephant Takeover” which involved a plan to put Kerry signs around the building of the Republican headquarters. She recalled defendant Pratt, defendant Mohammad, defendant Caldwell and defendant Omokunde as being present at this meeting. Williams stated that shortly after the meeting defendant Pratt received a phone call from defendant Mohammad informing him there was a security guard out at the headquarters, and the group called off their plans. Williams stated that she then drove back to her hotel to take a shower and a nap. She returned to the office about 1:30 a.m. Thereafter she left the office to return to her hotel room to retrieve a lap top computer. Williams was unable to remember the exact time that she had done this, but on her way back she stopped for gas at the BP gas station on Capitol Drive. A prepaid gas card receipt recovered from the vehicle being driven by Ms. Williams shows that this transaction took place at the Amoco station at North73rd and West Capitol at 3:35 a.m. on November 2, 2004. After leaving the gas station she saw defendant Mohammad standing on the corner by the Republican headquarters on Capitol Drive. He was wearing a black jacket, jeans and glasses and was leaning against a pole in the grassy area. She stated that she did a u-turn and came back around to talk to him. Defendant Mohammad then entered her vehicle, and she drove him a short distance and dropped him off at a van that had been rented by the Democratic campaign effort. While he was in the car defendant Mohammad made a comment to her to the effect of, “We really got ‘em.” Williams stated that throughout the night she had seen defendant Mohammad with defendant Pratt, defendant Omokunde, defendant Caldwell and an unknown black male whose name she did not know subsequently determined to be defendant Howell. Williams stated that during the course of the day of November 2nd 2004, she had a conversation with defendant Mohammad where she asked him if he’d seen the article in the paper about the vans at the Republican headquarters. Defendant Mohammad smiled at her and replied affirmatively. Williams stated that his tone of voice and his facial expression and body language led her to believe that he was acknowledging to her that he was involved in slashing the tires.

Complaining witness states that adult citizen Alicia Smith was interviewed by agents from the Federal Bureau of Investigation in Virginia on December 6, 2004. Ms. Smith informed the agents that she had been employed as a Get Out the Vote supervisor in Milwaukee from October through November of 2004. While there she worked for Opel Simmons and was a co-worker of Ms. Williams. Ms. Smith stated that she was present at the Democratic headquarters on North Teutonia Avenue when there was discussion a day or two prior to the election about an election day antic which they called “Operation Elephant Takeover.” She described this as a plan to put Kerry/Edwards signs and stickers on or around the building that the Republican National Committee headquarters was located in. Smith stated that subsequently this plan was called off when it was discovered that the Republican headquarters was monitored by security guards. She stated that she and a co-worker, Ashley Collier, arrived at the party headquarters sometime between 12:00 and 1:00 a.m. on November 2, 2004. Smith stated that she stayed there until 2:30 or 3:00 a.m. when she left with Collier and Myesha Ward to return to Ward’s hotel room so that they could change clothes. When Smith was leaving, Ms. Williams was also leaving in order to pick up a computer from her hotel. Opel Simmons and an individual named Levar Stoney remained at the headquarters location.

Smith stated that at about the same time that she was leaving headquarters between 2:30 and 3:00 a.m., defendant Pratt, defendant Omokunde, defendant Mohammad, defendant Caldwell and defendant Howell indicated that they were going to “check out” the Republican headquarters. Smith stated at the time they made this statement she was not aware of any election day antics they had planned.

When Smith returned to headquarters around 4:30 or 5:00 a.m., she saw Leshaunda Williams who told her that when she was on her way back to headquarters, she had seen defendant Mohammad a block or so away from the Republican headquarters and that she had picked him up and given him a ride back to his vehicle. When she arrived back at the office, Smith also heard defendant Pratt, defendant Omokunde, defendant Mohammad, defendant Caldwell and defendant Howell talking about slashing tires of vehicles leased by the RNC that were parked at RNC headquarters. Smith could not remember which of the five said it, but someone stated “It was like a choir” and then made the sound of deflating tires. Smith stated that defendant Omokunde, who she knew as Allah, stated, “I only got to do two” referring to slashing of the tires. Smith told defendant Omokunde that she wanted nothing to do with it and left the room. She stated that no one else was present when defendant Omokunde made this statement.

Complaining witness states that FBI agents interviewed Myesha Ward on January 14, 2005 and she stated that she had been in Wisconsin from September 28, 2004 through the election on November 2, 2004. On November 1st she was at the Democratic campaign office when a discussion took place about a plan called “Operation Elephant Takeover” in which they discussed putting up placards and bumper stickers at the Republican Campaign headquarters. This was scheduled to take place at around 2:00 am on November 2nd, 2004. However prior to leaving to carry out this plan Ward and others were informed that there was a security guard at the Republican office and the plan was cancelled. Ward then left the office around 1:30 am and returned between 2:30 and 3:00 am. When she returned defendants Pratt, Mohammad and Howell were present. Ward believed that Omokunde and Caldwell were also there, but she was not certain of this.

She next recalled seeing all five defendants together sometime around 4:00AM. They were excited and worked up. She recalled them making comments to the effect of “we got them” or “ we did it”.

Complaining witness states that during the course of this investigation, he received information from FBI Special Agent Terry Sparacino. Agent Sparacino obtained information regarding calls made by the cell phone owned by defendant Mohammad, telephone number 414-350-3873, as well as information regarding cell phone activity for defendant Pratt, telephone number 414-688-5650, and defendant Omokunde, cell phone number 414-803-1707. This information consisted of information on incoming and outgoing calls made by the defendants as well as cell tower information indicating the approximate location of the defendants at the time calls were made. This information showed that on November 2, 2004, at approximately 2:52 a.m. defendant Mohammad placed a call to the Democratic Party headquarters on Teutonia. The cell tower information indicates that the call went through a cell tower located at 7677 West Appleton Avenue. At 2:53 a.m. defendant Mohammad received a call which went through the same cell tower.

Cell phone records showed that there were two calls at 2:54 a.m. and one call at 3:33 a.m. from Pratt to Mohammad all of which went through the same 7677 West Appleton Avenue cell tower. Defendant Mohammad then called defendant Pratt at 3:34 a.m. Defendant Pratt then called defendant Mohammad at 3:36 a.m. with each of these calls again going through the West Appleton Avenue cell tower. Defendant Pratt then called defendant Mohammad at 3:42 a.m. with that call going through a cell tower located at 5750 West Fond Du Lac Avenue. Defendant Mohammad then placed another phone call at 3:43 a.m. bouncing through a cell tower at 4222 West Capitol Drive. Defendant Pratt then called defendant Mohammad twice at 3:44 a.m. again going through the 4222 West Capitol Drive cell tower.

Special Agent Sparacino’s analysis of defendant Pratt’s cell phone records shows that the call from defendant Pratt to defendant Mohammad at 2:54 a.m. went through a cell tower at 3533 North 27th Street which is consistent with defendant Pratt being at the Democratic Party headquarters at Capitol and Teutonia. The cell tower records show that the 3:36 a.m. call from defendant Pratt to defendant Mohammad went through the tower at 5120 West Capitol Drive. The calls at 3:42 a.m. and 3:44 a.m. from defendant Pratt to defendant Mohammad went through the North 27th Street cell tower.

Your complaining witness states that the cell tower activity is consistent with defendant Pratt and defendant Mohammad traveling from the Democratic Party headquarters to the Republican Party headquarters and is consistent with other witnesses who suggested that defendant Mohammad had been sent in advance to screen activity at the location.

****End of Complaint****