Waukesha alderman sentenced; probation for slapping of child
WAUKESHA, Wis. - A Waukesha alderman accused of slapping an elementary-aged child in the leg during a February incident pleaded no contest on Thursday, Sept. 14 to an amended charge of misdemeanor battery – and guilty to disorderly conduct.
Officials say the arrest of Cory Payne came Feb. 5, 2023 after officers responded to a residence for a reported domestic violence incident. The criminal complaint against Payne says a woman told police "the defendant (her ex-boyfriend) had clearly been drinking, and she did not want alcohol in her household." Payne initially refused to leave, and began insulting the woman. The complaint says he "lifted her shirt and…insulted her about her weight." The woman then threatened to call police. On his way out of the residence, the complaint says Payne struck the woman's child in the leg.
Cory Payne
Officers spoke with the young child involved. The child informed the officers that during the verbal argument between the mother and Payne, Payne allegedly had slapped the child in the leg. The criminal complaint says a picture of the child's leg. The "photo depicted a red hand imprint, indicating a forceful hand impact that was clearly visible and roughly the same size of an adult hand," the complaint says.
SIGN UP TODAY: Get daily headlines, breaking news emails from FOX6 News
"This was a child simply trying to intervene and protect her mother who was being verbally abused by the defendant," said Molly Schmidt, prosecutor.
Investigators say Payne was drunk.
"I love them very much. I would never in my life try and intentionally harm any of them," Payne said in court Thursday.
Cory Payne
"As an adult, and as the father figure you claim to be, you know there are right ways and wrong ways of dealing with it. Clearly, your decision making was impaired by your intoxication," said Waukesha County Judge Arthur Melvin.
The judge then imposed and stayed the sentence for Cory Payne on the misdemeanor battery charge – and sentenced him to one year probation. For the disorderly conduct charge, Payne was sentenced to a second year of probation.
Cory Payne
"There are reoccurring issues in your past that popped up here – the battery and prior OWI," the judge said.
FREE DOWNLOAD: Get breaking news alerts in the FOX6 News app for iOS or Android
Payne told the judge he is in counseling with his girlfriend and wants to remain sober. He had little to tell FOX6 News after the sentencing.
"Do you want to say anything to your constituents? Do you apologize to them at all?" asked FOX6's Bret Lemoine.
"I love Waukesha," Payne answered.
As part of his probation, Payne must maintain absolute sobriety. He is to have no violent contact with this girlfriend or the child.
Payne's term on the council ends in 2025.
Reaction
Waukesha Mayor Shawn Reilly
"I am aware that Alderman Cory Payne, District 15, plead guilty to Misdemeanor Battery and Misdemeanor Disorderly Conduct today. Mr. Payne is being held accountable in the eyes of the court. It is important to know that no one is above the law. Public officials need to be held to a high ethical standard at all times, not just when acting as an elected official.
"I know that convictions for crimes like this can tarnish the city’s reputation and erode the publics trust. Since the guilty plea involved misdemeanors, the convictions do not prohibit an individual from running for or holding public office. There is no automatic removal from office in this matter.
"It will up to the will of the voters within his district under the statutory recall provisions or the will of ¾’s or more of the Common Council under the provisions of Wisconsin Stats Section 17.16 to determine if removal from office will take place.
"Lastly and most importantly, I have a high level of confidence in the team of public safety officials in keeping our city resident’s safety and well-being protected.
"My heart goes out to the family impacted by this incident."