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Prosecutors: Jealousy led to fight, stabbing at apparent homeless campsite in Waukesha; 2 charged

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WAUKESHA — A man and woman are facing attempted homicide charges after a stabbing at an apparent homeless campsite in Waukesha on June 28th.

Brien Pate

41-year-old Brien Pate and 22-year-old Emmalyn Gill each face one count of attempted first degree intentional homicide, as party to a crime.

According to a criminal complaint, on June 28th, around 10:30 a.m., police met with some subjects who were observed drinking open intoxicants at Frame Park. One of the individuals in the group, a 37-year-old man, indicated “his friends were just trying to convince him to go to the hospital because he’d been stabbed last night.”

An officer observed dried blood on the man’s clothing, and when his shirt was lifted, he was observed to have multiple open stab wounds on his body, in his abdomen and chest areas, and on the back of his head.

The complaint indicates the victim initially denied medical treatment but was ultimately convinced to go to the hospital.

Emmalyn Gill

According to the complaint, the victim said all he could remember from the attack was that there was “a tussle,” and said “there had to be more of them. No one person did all of this. Almost like it was some kids. God knows what kids are capable of these days.” He indicated during the attack, he lost consciousness, and that was affecting his memory.

The victim had to have emergency surgery at the hospital.

On June 29th, police spoke with the victim at the hospital. He indicated on the night of June 27th, he was down by the Riverwalk, drinking with two other people — Gill and Pate. He said he and Gill had been dating, and he’d broken up with her. He said she was then dating Pate, and there were some jealousy issues. He told investigators Gill came up to him and “started stabbing him in the front,” with a knife described as being 10 inches long, with a handle that had holes in it. He said he was struck in the back of the head, and “knocked unconscious.” He believed Pate did this, though he did not see him do it. He said after the stabbing, he went back to his campsite.

Investigators found the shirt the victim was wearing during the stabbing at that campsite, in the area of 1005 Perkins Avenue in Waukesha — where two tents had been set up.

The complaint indicates investigators spoke with Pate’s father. He indicated Pate called him on the night of June 27th and asked him if he could pick Pate up. Pate’s father said he picked up Pate and Gill, and Pate indicated he was in a fight with a guy he shared a campsite with, because the man was jealous. Pate said Gill “jumped on the victim” after the victim hit Pate with a two-by-four. Pate’s father said Pate and Gill indicated Gill “beat the victim with something” to distract him, and then Pate knocked him out.

It was learned by investigators that Gill and Pate were at a home in Sussex, and that’s where they were taken into custody. Pate’s niece told investigators she noticed Pate had a black eye, and said he had indicated he was “in a fight with his tent mate” and said the victim “hit him in the head with a two-by-four, and they had a fight.” She said Pate indicated that Gill “saved him.” Pate’s niece said Gill told her: “The bigger they are, the harder they fall,” and said the victim “was not okay.”

When investigators spoke with Gill, she indicated they live at the campsite by the buses. She said “not anymore” when asked if she gets along with the victim in this case, and indicated “he would not respect my boundaries, spank my butt and take my cigarettes.” Gill said she and the victim broke up after three days of dating and she didn’t know why. She said they did get along, until he “became an (expletive).” She described the victim as someone that doesn’t share, indicating “he is stingy, and that is not what the homeless community does.”

On the night of the stabbing, Gill indicated she was rolling a cigarette in Pate’s tent, and the victim came over and tried getting in, before “ripping the tent apart.” Gill said Pate and the victim were physically fighting, and indicated the victim “is a jealous person.” Gill said at one point, Pate got hit in the head by a two-by-four and “they were on top of each other, fighting.” When asked about a knife, Gill said she knew nothing about a knife, and she was informed they located one at Pate’s father’s home. When informed the victim had been cut a few times, she said “good.” When asked if she knew how he’d been cut, Gill said: “Maybe he is an evil bastard. I don’t know.”

She soon invoked her right to an attorney and the questioning stopped. The complaint notes that there were no injuries observed on Gill, and that she is a small woman — standing 5′ tall and weighing 125 pounds.

When speaking with Pate, the complaint indicates he told investigators the fight happened because the victim was upset that Gill was in Pate’s tent, and the victim either cut or ripped Pate’s tent and they began to fight.

Pate admitted to hitting the victim ‘two to three times in the head”, prosecutors say. He said the victim then hit him with a two-by-four. He then fell to the ground, and said he saw Gill on top of the victim, striking him. He later learned Gill had a knife and struck the victim.

Pate told investigators as they left the campsite, he asked Gill: “You didn’t stab him?” And she replied: “No, I cut him.” They then went to Pate’s father’s apartment in Oconomowoc, where they placed the knife on top of the washer/dryer.

The complaint makes reference to a correctional officer at the Waukesha County Sheriff’s Department, who apparently heard Pate speaking with another inmate at the Waukesha County Jail. The complaint indicates he said: “Problem is, I was drunk and ended up stabbing the guy a few times.” According to the complaint, Pate told the inmate he’d stabbed the victim 13 times, and his girlfriend stabbed the guy once. Pate apparently said: “He went crazy, and stabbed the hell out of him,” indicating that the only bad thing is “the guy didn’t die.”

Gill made her initial appearance in court in this case on July 3rd. A preliminary hearing was set for July 10th. Cash bond was set at $50,000.

Pate made his initial appearance in court in this case on July 3rd. A preliminary hearing was set for July 12th. Cash bond was set at $50,000.