Man who loaned gun in Laylah Petersen death sentenced

The man who says he provided one of the guns used in the fatal shooting of 5-year-old Laylah Petersen was sentenced Friday to 11 years for shooting up a car and a house with children inside.

Divonte Forbes, 23, was convicted of shooting up a house on Nov. 6, 2014, the same day as Laylah's killing, as part of a retaliatory feud. Investigators said shell casings recovered at that scene, in the area of W. Meinecke Ave. and N. 10th St., matched those found at the scene of Laylah's homicide.

"There's only one difference between that situation and the Laylah Petersen situation and that is fortunately no one was struck by the bullet,"  Milwaukee County Circuit Judge Frederick C. Rosa said.

Forbes faced 13 felony charges and ultimately pleaded guilty to three felony charges as part of a plea agreement. The other charges were dismissed but were allowed to be considered during sentencing.

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Forbes was not charged in the fatal shooting of Laylah. Three men — Arlis Gordon, Carl Barrett Jr. and Paul Farr — were convicted in the case. Authorities say Farr drove Gordon, Barrett and Forbes to the area of N. 58th St. and W. Fairmont Ave. where Gordon and Barrett fired into the home of Laylah's grandparents, having mistakenly thought they were targeting someone else in a revenge shooting.

A jury convicted Barrett last month, while Farr and Gordon pleaded guilty to their roles in the crime. Forbes and Farr testified during Barrett's trial. Forbes told jurors he gave a green camouflage-patterned 9mm to Gordon on Nov. 6, 2014, after Gordon had repeatedly called asking to borrow a gun.

Forbes' attorney, John T. Wasielewski, requested four years in prison and four years of extended supervision, citing Forbes' cooperation in the homicide case which he undertook at great risk to his safety. Prosecutor Sara Beth Hill did not make a specific sentence recommendation.

While handing down the sentence, which also includes 11 years of extended supervision, Rosa said Forbes had exhibited a pattern of criminal behavior, dating back to prior juvenile charges of armed robbery and juvenile possession of a firearm.

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Rosa handled the juvenile cases and said he personally told Forbes from the bench in 2010 not to possess a firearm after the felony adjudication, similar to a conviction in adult court. At that time, Rosa sentenced Forbes to a program for gun offenders. On Friday, the judge said it apparently did not "impact (Forbes) sufficiently."

"Once that bullet is fired, there's no way for the person who fired it to control where it goes," Rosa said. "It's all a matter of physics."