Case dismissed: Why suspect in shooting of pregnant woman walked free, even though victim ID'd him



MILWAUKEE COUNTY -- Case dismissed! Four years after a pregnant Milwaukee woman was shot and her unborn baby died, the main suspect was able to walk free. Court documents show the case was dropped because of uncertainty surrounding how the victim identified the suspect.

Prosecutors aren't certain they have an air-tight case against the initial suspect. FOX6 News is not naming him because charges have been dismissed.



In June of 2012, a pregnant woman was getting out of her car in the parking lot at her apartment building when she was approached by a man with a gun on Milwaukee's far northwest side.

According to a criminal complaint, the victim described him as an African-American man in his mid-to-late 20s with a scar under his right eye.

The suspect allegedly stole the woman's purse and cell phone before taking off on foot.



A month later, off of West Caldwell Court, the victim was walking past her son's daycare when she says she spotted the same man in an alley. The man shot the woman in the abdomen.

The victim was 20 weeks pregnant, and the fetus didn't survive.

"In this case, the identity of the offender was critical. The person who committed the crime was not arrested at the scene of the crime," Kent Lovern with the Milwaukee County District Attorney's Office said.

Twenty days after the shooting, the woman was shown more than 700 mugshots in an effort to identify the suspect.

The victim identified a man who was already in jail when the shooting took place. So no arrests were made.

Three years later, the woman was again shown an array of suspect photos, and said she was 100% certain she had identified the suspect.



The photo of the man who was eventually charged was taken from his Facebook page. His attorney argued it was a dark and blurry photograph. The suspect also didn't match the physical description the victim gave after the incident. Most notably, he didn't have a scar.

Kent Lovern



"You need evidence beyond a reasonable doubt. Otherwise, the purpose of prosecution isn`t really fulfilled," Lovern said.

In April of 2016, a judge sided with the defense, and ruled the photo identification couldn't be used as evidence during a potential trial.

Lovern said prosecutors had not choice but to dismiss the case against the suspect altogether.

"There wasn`t an appropriate amount of evidence to secure a conviction in this case," Lovern said.

If more evidence comes to light, it is possible this suspect could be charged again.

Prosecutors were concerned that if this went to trial and he was acquitted, they wouldn't be able to try him again.