Waukesha BB gun shots fired; car's windows damaged, couple inside

Joseph Kurtzweil

A 41-year-old Waukesha man is accused of firing shots from a BB gun at a car with two people inside. Those shots damaged a vehicle window. The accused is Joseph Kurtzweil – and he is now charged with second-degree recklessly endangering safety.

According to the criminal complaint, a Waukesha police officer was dispatched on Wednesday, Jan. 1 to W. North Street near St. Paul to investigate a call. The caller was reporting "somebody having shot his car, while the caller was driving with his wife in the vehicle," the complaint says.  

When the officer arrived at the scene, he spotted a man and woman waving their arms to get his attention. The officer noted "the two were physically upset and shaken up." The two told the officer "they were by the dumpsters of the business because they were hiding in fear for their lives," the complaint says.

Once officers were able to calm down the pair, the caller stated a man caught his attention while driving westbound on Wisconsin Avenue. The man "had been waving his arms around in the air and looking at (the caller). (The caller) also believed the male may have been mouthing something to (the caller,) the complaint says. The caller said he continued driving and as he turned north on W. St. Paul Avenue, "he heard a boom and then immediately heard his front passenger window shatter," the complaint says. The caller turned his head to see the same man who had been walking -- he was "walking at a slow pace, now going eastbound," the complaint says.

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When officers checked out the vehicle that was fired upon, they "observed a small hole on the top middle of the window that (the officer) estimated to be about the size of a BB from a BB gun," the complaint says. The front passenger window was also damaged.

Investigators reviewed surveillance video in the area -- and "observed one lone male walk through Veterans Park eastbound towards the Wisconsin House," the complaint says. The man later walked into the Wisconsin House. Officers know the Wisconsin House to be "a rooming house that receives considerable amounts of calls for service" from Waukesha police, the complaint says. That man appeared to match the description of the suspect provided by the victims. When officers spoke to a manager at the Wisconsin House, he said "he was aware of who the male was, and the manager identified the male" as Joseph Kurtzweil.

Officers later questioned the defendant about what happened. The criminal complaint says Kurtzweil "ultimately admitted to being in the area of the shooting and admitted that he had a BB gun. The defendant stated that the BB gun was in his room on his dresser now. When asked if he had shot out a vehicle window, the defendant admitted that he did shoot out the window of a vehicle." The defendant was then arrested.

Investigators searched Kurtzweil's room. The complaint says they "found a container of silver-colored BBs in the defendant's left most dresser drawer. Additionally, (an officer) found an open container of CO2 cartridges, which he knew to be used for the firing and propulsion of BBs in a BB gun. Officers also located the BB gun, which was found to be a high-powered air pistol."

While at the Waukesha Police Department, the defendant "seemed to justify his behavior by stating the vehicle almost hit him so he shot at the vehicle, because his life was threatened. The defendant stated his intent was not to hurt anyone and he was deeply apologetic for his actions," the complaint says. The defendant was also asked to submit to a preliminary breath test (PBT). The PBT shows Kurtzweil had a 0.34 alcohol concentration.

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Kurtzweil made his initial appearance in Waukesha County court on Thursday, Jan. 2. Cash bond was set at $1,000.

Crime and Public SafetyWaukeshaNews