Milwaukee County medical examiner: Teenage victim in intimidation killings likely had defensive wound

A 17-year-old girl likely held her arms in front of her face in a defensive posture as her assailant shot her repeatedly, the Milwaukee County medical examiner testified Monday.

Brian Peterson was called as an expert witness in a sprawling witness intimidation case, encompassing two homicides and a conspiracy to commit a third, that began last week in Milwaukee County Circuit Court and is expected to continue through Friday.

Antonio Smith, 35, is charged with two counts of homicide in the killing of Eddie Powe and the fatal shooting of a witness to that homicide, Breanna Eskridge, 17, eight days later.

Prosecutors say Smith then orchestrated a plot to kill another witness, John Spivey, from behind bars. Smith's nephew, Shaheem M. Smith, is also on trial in Judge Joseph Donald's court on a charge that he helped in the plot to silence Spivey.

Smith has pleaded not guilty and is representing himself but has lawyer Tom Erickson by his side. Several sidebar discussions with the judge related to his self-representation and the volume of evidence and testimony have slowed the trial.

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Peterson said Powe was found to have six gunshot wounds and Eskridge also had six gunshot wounds, including the fatal injury to her head from a gun fired at close range. Based on a wound to her left forearm, it appeared she lifted her arms to protect herself, he said.

On Friday, Spivey, the witness at the center of the intimidation plot, took the stand and said Smith shot Powe as the two were arguing. Spivey, 49, said he knew Powe for several years and considered him a close friend.

During the argument, Spivey said, Smith suddenly pulled out a gun and began firing. Then Smith walked to a vehicle and left. Spivey said he went to Powe's side and held him as he bled profusely. Soon Breanna Eskridge took his place, holding Powe.

Spivey testified he was positive it was Smith who shot Powe, though he admitted he didn't know Smith's real name at the time. Under cross-examination by Smith, Spivey said he knew Smith as "Tone" and "Peanut's Man." But when detectives showed him Smith's photo, he said he was sure.

After Powe's killing, Spivey said he got a gun from his aunt's house and went back to the scene, looking for Smith. He said he wanted to scare Smith but admitted he probably would have shot Smith "if I had a chance."

Spivey didn't find Smith but he said he fired his gun in the air in honor of Powe. Police officers were nearby and arrested Spivey, who is a convicted felon and not allowed to possess a firearm.

While at the House of Correction, Spivey said he was approached by someone who said he knew what he had witnessed and offered to pay his $7,600 bail to "stay out of it." Spivey broke off the conversation.

He said he was waiting for his aunt to pay his bail. Late one night, Spivey learned his bail had been paid but he soon learned it wasn't his aunt. It was paid by someone he didn't know.

Spivey rode the bus to the county jail to be released but when he got there, investigators from the District Attorney's Office hustled him away. He would later learn that investigators suspected Smith of concocting a plot to kidnap and kill him.

Emotional testimony

The jurors also heard emotional testimony from Eskridge's mother and twin sister last week. Her mother, Letitia Eskridge, recounted the night of July 19, 2015, when she learned her daughter had been shot. She said she arrived in the area of Concordia Ave. and N. 15th St. and saw police and firefighters.

“I was told she was on the porch," she said, starting to cry. "I could see her legs.”

The prosecutor, Karl Hayes, showed her a photo of a person in a hospital bed and asked if she recognized that individual.

“Yes, I do," she said tearfully. "That’s my daughter, Breanna.”

Smith, representing himself, began cross-examination by asking if she needed a "moment to collect" herself. When she said she was all right, he proceeded to ask her about what her daughter told police about Powe's homicide.

She said she didn't recall any details about her daughter's interview with investigators — she was not present for those interviews —  but said she remembered her daughter being in fear.

“She told me she was afraid for her life,” she said. “She told me she witnessed (Powe) being shot.”