Suspects in killing of Milwaukee home inspector had early run-ins with the law

One of the teens charged in the fatal shooting of a city building inspector was free on bail after he was found in a stolen car.

Another had been charged four times in the past three years for illegal gun possession.

And the accused triggerman, a teenager, had violated juvenile probation numerous times, but nonetheless was no longer being supervised by the county, according to sources.

The homicide of Greg "Ziggy" Zyszkiewicz, 64, last week is arguably another example of the ways potentially violent teenagers and young adults are allowed to fall through the cracks.

In the wake of the killing, Milwaukee Ald. Tony Zielinski called for state lawmakers to stiffen penalties for violent crimes. Earlier this year, a bipartisan group of state legislators proposed a bill to try to lower gun violence in Milwaukee. The measure would make it a felony for anyone who has had three misdemeanor convictions in five years to possess a gun.

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Mayor Tom Barrett said the case underscores the need for state, county and city officials to continue working on solutions to address repeat offenders.

"It points to the need, once again, for urgency in reform of the entire system," he said Wednesday. "As I've repeatedly said, we are not doing the public any favors and we're not doing the offenders any favors if there are no meaningful consequences to their actions."

Barrett and Police Chief Edward Flynn have long criticized parts of the criminal justice system, particularly the juvenile system, saying young people are not receiving appropriate services or sanctions.

Deshaun Scott and Qhualun Shaw, both 17, and Eric J. Smiley Jr., 21, are charged in the killing of Zyszkiewicz, who was on duty as a building inspector when he was found shot to death in his car near N. 23rd and W. Cherry streets.

Scott, the accused shooter, is charged with first-degree reckless homicide, while Shaw and Smiley are charged with felony murder.

The three were riding in a stolen Kia when they saw Zyszkiewicz's silver Ford Mustang and Scott took a shotgun to go carjack the vehicle, according to a criminal complaint. The others heard a shot then saw Scott running back toward the Kia, and they drove off.

Shaw later told police that Scott said he panicked and fired when Zyszkiewicz grabbed for him, the complaint says.

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'A shame'

Scott had a prior case as a juvenile related to a strong-armed robbery, repeatedly violated terms of his probation, continued to be placed in group homes but was not on probation at the time of the alleged offenses, sources told the Milwaukee Journal Sentinel.

A request to review juvenile court records related to Scott was denied. Wisconsin law limits what information from Children's Court is accessible to the public.

In court Monday, Scott twisted to look at his grandmother, who muttered: "A shame!"

"He had no business being out there. He had no business with a gun," she told a Journal Sentinel reporter outside the courtroom.

The same could arguably be said for Scott's co-defendant, Shaw, who was free on a signature bond after he was charged last month with operating a motor vehicle without the owner's consent, a felony.

A man told police his car was stolen Feb. 10 when he left it parked with the engine running outside his house on the east side. Officers saw the stolen car later that day and pursued it, but stopped the chase when they lost sight of the car, court records show.

Officers then spotted the stolen car parked in an alley with Shaw in the driver's seat. When Shaw saw police, he ran and was arrested about six blocks away. He told police he had borrowed the car from a Facebook friend, the criminal complaint says.

Commissioner Grace Flynn set the $500 signature bond Feb. 14. A signature bond is a promise to appear for court proceedings, usually with a monetary penalty if an individual fails to show up or violates rules of pretrial supervision.

Commissioners, appointed by the chief judge, preside at initial appearances, preliminary hearings and arraignments in criminal cases, and their bail decisions can be reviewed by a circuit judge.

Flynn could not be reached for comment. In general, when setting bail, Milwaukee County judges have said they consider a defendant's background, seriousness of the charge and prior criminal record, ties to the community including family and employment, and a risk assessment.

Shaw's father said he tried to keep his son on track, but the teen fell in with the wrong crowd.

"It hurts bad because I didn’t raise him like that," Duncan Pearson told WITI-TV (Channel 6). "He didn’t have to take nothing, he had everything he wanted: shoes, cable TV, Xbox, whatever, he had it."

Gun cases

Nearly every time police have arrested Smiley — at 21 the oldest of the three charged in Zyszkiewicz's killing  — he has had a gun.

In January 2014, a Milwaukee police officer saw him dressed all in black and running in the street. When the officer caught up to him, Smiley admitted he had a revolver in his waistband for protection and said he had found it in a garage a few weeks earlier in La Crosse.

Three months later, Milwaukee police were monitoring a suspected drug house when they saw Smiley with three other people in front of him. Smiley started walking toward the officers, fidgeting with something in the pocket of his sweatshirt, and when officers stopped him, they found a small chunk of marijuana on him and two pills in his right pocket.

The drug case and earlier charge of carrying a concealed weapon, both misdemeanors, were combined and Smiley pleaded guilty. Milwaukee County Circuit Court Judge Janet Protasiewicz sentenced him to five months in the House of Correction on Feb. 6, 2015.

His sentencing had been postponed for two months while he recovered from a gunshot wound, court records show.

In September 2015, Milwaukee police were in the 3000 block of N. 28th St. and saw Smiley run away from them. During a foot chase, an officer pushed Smiley, causing him to fall. Officers heard a heavy clink on the sidewalk. When they rolled Smiley over, they found a loaded .45-caliber pistol underneath him. He was charged with carrying a concealed weapon and obstructing an officer.

Six months later, while that case was pending, officers responded to a ShotSpotter alert in the 2600 block of N. 15th St. Officers approached Smiley on a porch and asked if he heard any gunshots. Smiley looked down and began to run. It took three officers to take him into custody, and he had a 9mm handgun with an extended magazine, the criminal complaint says.

The gun had been reported stolen days earlier and Smiley was charged with felony theft, carrying a concealed weapon, resisting arrest and bail jumping. The case was combined with the earlier concealed weapon and resisting charges.

In an agreement with prosecutors, Smiley pleaded no contest and was found guilty of felony theft on June 6. The other charges were dismissed but can be considered at sentencing, which has yet to happen. The case is set for a status hearing Friday.

While that case was pending and Smiley was free on $1,000 bail, he was stopped for speeding Aug. 15, and officers found a gun in the car, records show. Smiley was charged with being a felon in possession of a gun, carrying a concealed weapon and felony bail jumping.

He was given a $5,000 bail, which a relative posted, and he was released from custody Sept. 7. Within the next two weeks, he had removed his GPS monitoring device — an officer found it under a porch — and missed his next court hearing. Circuit Court Judge Thomas McAdams issued a bench warrant for his arrest.

Smiley was arrested in December and McAdams ordered an additional $1,000 bail. Smiley was in custody as of Feb. 28, but he was out-of-custody by the time he showed up to his court hearing a week later, online records show.

Smiley has filed a motion to suppress evidence, claiming an “illegal search and arrest” in the case.

Although different commissioners and judges have presided over various hearings in Smiley's case in 2015 and the first case in 2016, all three currently are before McAdams. McAdams declined to comment Tuesday because the cases remain open and pending.