MILWAUKEE — Milwaukee police on Thursday, March 9th said the alleged shooter, accused of firing shots at officers near 7th and Oklahoma on February 26th is now in custody.
21-year-old Brian Clark was arrested in Indianapolis on March 8th, police said.
He is awaiting his extradition to Milwaukee.
Clark faces nine felonies:
- Attempted first degree intentional homicide, use of a dangerous weapon
- Manufacture/deliver heroin, less than three to 10 grams, use of a dangerous weapon
- Manufacture/deliver cocaine, greater than one to five grams, use of a dangerous weapon
- Manufacture/deliver Schedule I, II narcotics, use of a dangerous weapon
- Manufacture/deliver Schedule IV drugs
- Drive or operate vehicle without consent
- Second degree recklessly endangering safety
- Vehicle operator flee/elude officer
- Arson of property other than building
25-year-old Dyllan Mahoney of Milwaukee faces three felonies:
- Possession with intent to deliver heroin, greater than three to 10 grams, second and subsequent offense
- Possession with intent to deliver cocaine, greater than one to five grams, second and subsequent offense
- Possession of narcotic drugs, second and subsequent offense
24-year-old Zachary Bartosiak of Hales Corners faces one felony and one misdemeanor charge:
- Attempted possession of narcotic drugs
- Attempted possession of cocaine
According to a criminal complaint, on the evening of February 26th, members of the Milwaukee Police Department’s “Robbery Task Force” were attempting to locate a black Audi, which was suspected to have been stolen. Several Robbery Task Force officers were working in an undercover capacity. The complaint says two officers were driving in an undercover vehicle when they observed a black Audi SUV with tinted windows and dealer plates, which matched the description of the suspect vehicle in the area near Howell and Chase. The officers spotted a man standing outside the Audi, who eventually got back inside. When the officers broadcast the description of the vehicle to other officers, they learned that two other vehicles had made contact with the Audi, and investigators suspected the vehicles were involved in drug transactions.
As an officer in a marked squad car pulled into the parking lot of the Dollar Tree store in the area — where the Audi was parked, the complaint says the vehicle took off at a high rate of speed — heading northbound on Howell. Four officers attempted to follow it, but were unable to because it was driving in a reckless manner and blowing red lights at a high rate of speed.
The Audi was eventually spotted again near 7th and Oklahoma.
The complaint says the officers made a plan to utilize “vehicle containment” — where they essentially block the vehicle in to prevent it from fleeing. Two officers in their vehicle were to contain it from the rear, and two other officers in their vehicle were to contain it from the front.
According to the complaint, when one squad pulled into the parking lot, it was observed that Brian Clark was standing next to the Audi. Another man was standing behind him — later identified as Dyllan Mahoney.
One of the officers got out of the squad, and approached Clark and the other man with his service weapon drawn, staying: “Stop, police.” At this point, the complaint says Clark entered the Audi. When the officer approached the vehicle, the complaint says he could see Clark had a semi-automatic handgun in his hand, which he pointed at the officer. The officer said he believed he was going to be killed, or at the very least, shot. The officer said when he raised his gun, he heard a ‘pop’ and began returning fire at Clark. As he fired his first shot, the officer said he heard a second ‘pop.’ The officer said he kept firing until the officer fell to the ground. The complaint says he fired his service weapon a total of 10 times. Ten casings were recovered at the scene.
A witness told investigators Clark “shot immediately” and “it seemed like he was trying to take out the officer.” The witness said Clark was using the Audi’s door as a shield.
The complaint says Clark crashed the Audi into an undercover police vehicle. Clark was able to push that vehicle out of the way and get out of the parking lot — headed north on S.7th Street. The undercover police vehicle sustained “extensive front-end damage” to the front passenger side. It also had a flat driver’s side tire.
Dyllan Mahoney was arrested at the gas station where this shots fired incident took place. The complaint says heroin, pills (alprazolam and oxycodone), and crack cocaine were found in his pants pocket.
A black handgun, which had been reported stolen — taken in a burglary in Greendale on February 6th, was found on the ground where the Audi had been parked.
In a statement to investigators, Mahoney said he was purchasing drugs from the shooter on February 26th. He identified Clark as his drug dealer and said he “buys drugs from (Clark) almost every day.” Mahoney said on February 26th, he and his friend, Zach Bartosiak wanted to buy drugs — “oxy” pills, heroin and crack cocaine, so he called Clark. They agreed to meet at the Dollar Tree near Morgan and Chase.
According to the complaint, while the drug deal was going down, Clark said “gotta go,” and took off in the Audi, which Mahoney had entered. Mahoney didn’t have time to exit the vehicle as it fled the Dollar Tree. During the subsequent pursuit, Mahoney said Clark told him he was going to drop Mahoney off, so they pulled into the gas station at 7th and Oklahoma. Shortly thereafter, Mahoney said a Honda came racing into the parking lot, and he soon heard approximately seven gunshots. He said he started to run, when he was tackled from behind and arrested.
In his statement to investigators, Bartosiak said he and Mahoney “both use drugs,” and he was introduced to Clark last summer. He said he purchased heroin and crack cocaine from Clark “approximately 50 times.” Bartosiak said Clark drives different vehicles — all with heavily tinted windows.
The complaint says Bartosiak said on February 26th, Mahoney asked him to pick Mahoney up, and Mahoney asked if they could meet Clark at the Dollar Tree. After the Audi fled the Dollar Tree, Bartosiak said Mahoney called and asked him to meet them at the gas station at 7th and Oklahoma.
Bartosiak witnessed the exchange of gunfire when he arrived at the gas station, and later saw Mahoney in handcuffs.
The Audi was located on February 26th — engulfed in flames near 37th and Scott. All of the windows were broken, and the interior was burned down to the springs of the seats. The origin of the fire was determined to have been the driver’s compartment. Four bullet holes were found along the driver’s side. It was determined the cause of the fire was arson.
Investigators located and spoke with the Audi’s owner, who said he had last seen his vehicle on February 20th, parked on the street on N. Cramer Avenue. When the owner learned it was missing, he said a key was also missing. It’s unclear whether that key fell from his pocket or whether it was in his home. A neighbor reported seeing a white vehicle stopped next to the Audi, and an unknown black male got out of that vehicle and into the Audi. Both vehicles then fled the scene.