For Official Use
MILWAUKEE
STATE OF WISCONSIN, CIRCUIT COURT,
Plea Questionnaire/
Waiver of Rights
State of Wisconsin, Plaintiff,
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e
COUNTY
\IF,(*;;
, Defendant Case No.
cfu
I am the defendant and intend to plea as follows:
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See attached sheet for additional charges.
27
lam
I
do
do
do
I
am not
I
have not
I
I
years old. I have
do not
do not
do not
fl
E
fl
completed O
years of schooling.
have a high school diploma, GED, or HSED. \
understand the English language.
\
understand the charge(/ to which I am pleading.
currently receiving treatment for a mental illness or
had any alcohol, medications, or drugs within the
Constitutional Riqhts
I understand that by entering this plea, I give up the following constitutional rights:
I give up my right to a trial.
I give up my right to remain silent and I understand that my silence could not be used against.me at trial.
I give up my right to testify and present evidence at trial.
I give up my right to use subpoenas to require witnesses to come to court and testify for me at trial.
I give up my right to a jury trial, where all 12 jurors would have to agree that I am either guilty or not guilty.
I give up my right to confront in court the people who testify against me and cross-examine them.
I give up my right to make the State prove me guilty beyond a reasonable doubt.
nd the rights that have been checked and give them up of my own free will.
.
I understand that the crime(s)to which I am
elements have been explained to me
Attd-ched sheet.
I understand that the judge is not bound by any plea agreement or recommendations and may
maximum penalty. The maximum penalty I face upon conviction is:
I understand that the judge must impoqe the mandatory minimum penalty, if any. The mandatory minimum penalty
I
face upon conviction
is:
Nd-
I understand that the presumptive minimum penalty, if any, I face upon conviction
i", ft/*
The judge can impose a lesser sentence if the judge states appropriate reasons.
CR-227, 05lO4 Plea Questionnaire/vvaiver
Wis. Stats. S971.08
of Rights
This form shall not be modified. lt may be supplemented with additional material.
Page 1 of 2
sEANNED
-ux
19fllI
Page 2 of 2
Plea Questionnaire/ Waiver of Rights
Case No
Understandinqs
. I understand that if I am placed on probation and my probation is revoked:
r if sentence is withheld, the judge could sentence me to the maximum penalty, or
. if sentence is imposed and stayed, I will be required to serve that sentence.
. I understand that if I am not a citizen of the United States, my plea could result in deportation, the exclusion of
admission to this country, or the denial of naturalization under federal law.
r
.
.
.
my civil rights are restored'
I understand that if I am convicted of any felony, I may not vote in any election until
firearm.
I understand that if I am convicted of any felony, it is unlaMul for me to possess a
possess body armor'
I understand that if I am convicted of any violent felony, it is unlaMul for me to
in an occupation or participate
I understand that if I am convicted of a serious\{rlly'sex offense, I cannot engage
in a volunteer position that requires me to work
'16.
/
children under the age of
fiqgeract primarily and directly with
plea agreement they have the following effects:
I understand that if any charges are read-in aNart
'ead-in
charges when tmposing sentence, the maximum
Sentencing - although the judge may consrdEr
'a
.
a
a
penalty will not be increased.
Restitufion - I may be required to pay resti/tio\n any read-in charges.
Future prosecution - the State may not pFsecuteYne for any read-in charges.
guilty of the crime(s) to which I am pleading
I understand that if the.judge accepts my plea, the judge will find me
and/or as stated in court'
based upon the facts in the criminal complaint and/or the preliminary examination
Voluntarv Plea
threatened or forced to enter this plea' No promises
I have decided to enter this plea of my own free will. I have not been
or
The plea agreement will be stated in court
have been made to me other than those contained in the plea agreement.
E See Attached.
is as follows:
Defendant's Statement
attachments. I have reviewed it with my attorney (if
I have reviewed and understand this entire document and any
my attorney have checked the boxes' I am asking
represented). I have answered all questions truthfully and either I or
find me guiltY.
Attornev's Statement
and any attachments with the defendant. I believe
I am the attorney ror ine defendant. I have discussed this document
is making this plea freely, voluntarily, and
the defendant understands it and the plea agreement. The defendant
intelligently. I saw the defendant s;91 and date this document'
Signature of AttorneY
Wis. Stats. S971.08
CR-227, 05/04 Plea Questionnaire/1/Vaiver of Rights
Thisformshallnotbemodified.ltmaybesupplementedwithadditionalmaterial.
Page 2 of 2
i3
STATB OF WISCONSIN
r3
CIRCUIT COURT
State of Wisconsin, Plaintiff,
ILWAUKEE COUNTY
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bndant,
Addendum to Plea Questionnaire and waiver of Rishts
I read the complaint
ryMy
lawyer read the complaint to me.
/JJ
Additional u nderstandings:
I understand that by pleading I am giving up my right to challenge the
constitutionality of any police action such as the police stopping me, arresting
me, searching me or my property, seizing any evidence, taking a statement
from me' or having any witness identify me. (If the court already decided my
suppression motion, f can still appeal that decision.)
I understand that by pleading I am giving up my right to challenge the
sufficiency of the complaint.
I understand that
by pleading I am giving up any defenses such as insanity,
self-defense, intoxication, alibi, coercion or necessity.
I understand that in a jury trial all l2 jurors must agree as to each of the
elements of each crime charged before I can be found guilty or not guilty.
I understand that by pleading I am giving up my right to make the state prove
me guilty beyond a reasonable doubt as to each of the elements of each crime
ture of Defendant
--5rt^-*D
Signature of Defendant's Attorney
t -4-t?
Date
S't1 - tf
Date
'JtAl'il{ti)
1929 R1
u[\ 13
lll\1
STATE OF WISCONSIN
CIRCUIT COURT
CRIMINAL DIVISION
MILWAUKEE COUNTY
AMENDED INFORMATION
DA Case No.:201 3ML018556
STATE OF WISCONSIN
Plaintiff,
VS.
Phillips, John Flasko
2968 N Buffum
Milwaukee , Wl 53212
DOB: 0411811987
Court Case No.:
l3Cf
3g Zg
Defendant,
I, JOHN T CHISHOLM, DISTRICT ATTORNEY FOR MILWAUKEE COUNTY, WISCONSIN,
HEREBY INF.RM THE C.URT, THAT:
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Count 1: SECOND DEGREE RECKLESS HOMICIDE
The above-named defendant on or about August 14,20){at 923 S Cesar E Chavez Dr, in the
City of Milwaukee, Milwaukee County, Wisconsin, did'fecklessly cause the death of Mark
Dwayne Carrington Jr., another human being, contrary to sec. g+O.OO(t ), 939.50(3Xd) Wis. r 7 3 F d'\
'
Stats.
Upon conviction for this offense, a Class D Felony, the defendant may be fined not more than
One Hundred Thousand Dollars ($100,000), or imprisoned not more than twenty five (25) years,
or both.
JOHN T. CHISHOLM, DISTRICT ATTORNEY
sfttf,r
DATED
Antoni J.
Assistant District Attorney
1 055087
,**#';it-El).,,ctnN
ciritr\tjEi'y}j;:*
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der
CIRCUIT COURT
CRIMINAL DIVISION
STATE OF WISGONSIN
MILWAUKEE COUNTY
AMENDED CRIMINAL COMPLAINT
STATE OF WISCONSIN
DA Case No.:201 3ML018656
Plaintiff,
VS.
-;
Phillips, John Flasko
2968 N Buffum
Milwaukee , Wl 53212
DOB: 0411811987
AuG
s
?"0\3
THE ABOVE NAMED COMPLAINING WITNESS BEING DULY SWORN, ON INFORMATION
AND BELIEF STATES THAT:
Count 1: POSSESSION OF A FIREARM BY A FELON
The above-named defendant on or about Wednesday, August 14,2013, at 923 S Cesar E
Chavez Dr, in the City of Milwaukee, Milwaukee County, Wisconsin, did possess a firearm,
subsequent to the conviction for a felony in this state, contrary to sec. 9a1.29(2)(a), 93g.50(3Xg)
Wis. Stats.
Upon conviction for this offense, a Class G Felony, the defendant may be fined not more than
Twenty Five Thousand Dollars ($25,000), or imprisoned not more than ten (10) years, or both.
Complainant is a City of Milwaukee Police Detective and bases this complaint upon his own
investigation and that of fellow City of Milwaukee Police Officers and Detectives, whose reports
and investigations state the following:
On August 14,2013 Police Officer Jennifer Ramos observed the victim, Mark Carrington, lying
on the sidewalk at 923 S Cesar E. Chavez Drive in the City and County of Milwaukee. Officei
Ramos observed that the defu?dent had been shot and was unresponsive. The victim later
expired as a result of 5 gunshft wounds later determlned.johave been caused by 3 gunshots.
p o Iic e
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rm s u n d e rn e a t h a v e h c e
"
"a
located aL925 S Cesar E Chavez
"H" Drive. These
guns were inventoried.
Later one of the guns, a
9mm handgun, was analyzed by Forensic lnvestigator Jason Reifschneider who recovered a
latent print from the g mm magazine. This print was later examined by Latent print Examiner,
Richard Jacobs, and determined to a reasonable degree of scientific certainty that it matched
the left thumb of the defendant, John phillips.
oy
i
r
The defendant was subsequently arrested and when arrested he was wearing jeans and a
pouch. Surveillance video recovered from the homicide scene depict a snooGi who is wearing
similar jeans and a similar pouch-like object.
John Flasko Phillips, DOB: 04/18/1987
Page 2
A check of Milwaukee County Circuit Court records reveal that the defendant has previous
convictions for felonies in cases 06 CF 1922 and 12 CF 1277. Said convictions remain of
record and have not been reversed.
End of Complaint***"
Subscribed and sworn to before me and approved for filing this 29th day of August, 2013.
/
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Assistant District Attorney
1 01 0663
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STATE OF WISCONSIN
CIRCUIT COURT
CRIMINAL DIVISION
MILWAUKEE COUNTY
AMENDED CRIMINAL COMPLAINT
DA Case No.:2013ML018656
STATE OF WISCONSIN
Plaintiff,
Phillips, John Flasko
2968 N Buffum
Mllwaukee, Wl 53212
DOB: 04/18/1987
Defendant,
\
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THE ABovE NAMED coMpLAtNtNc WTTNESS BETNG DULY swoRN, dN tryf onMnrtor.t
AND BELIEF STATES THAT:
Count 1: FIRST DEGREE RECKLESS HOMICIDE, USE OF A DANGEROUS WEAPON
The above-named defendant on or about Wednesday, August 14,2013, at 923 S Cesar E
Chavez Dr, in the City of Milwaukee, Milwaukee County, Wisconsin, did recklessly cause the
death of Mark Dwayne Carrington Jr., another human being, under circumstances which
showed utter disregard for human life, contrary to sec. 940.02(1), 939.50(3Xb), 939.63(1Xb)
Wis. Stats.
Upon conviction for this offense, a Class B Felony, the defendant may be sentenced to a term of
imprisonment not to exceed sixty (60) years.
And further, invoking the provisions of sec. 939.63(1)(b)Wis. Stats., because the defendant
committed this offense while using a dangerous weapon, the maximum term of imprisonment for
the felony may be increased by not more than 5 years.
Count 2: POSSESSION OF A FIREARM BY A FELON
The above-named defendant on or about Wednesday, August 14,2013, at 923 S Cesar E
Chavez Dr, in the City of Milwaukee, Milwaukee County, Wisconsin, did possess a firearm,
subsequent to the conviction for a felony in this state, contrary to sec. 9a1.29(2)(a), 939.50(3Xg)
Wis. Stats.
Upon conviction for this offense, a Class G Felony, the defendant may be fined not more than
Twenty Five Thousand Dollars ($25,000), or imprisoned not more than ten (10) years, or both.
Complainant is a City of Milwaukee Police Detective and bases this complaint upon his own
investigation and that of fellow City of Milwaukee Police Officers and Detectives, whose reports
and investigations state the following:
On August 14,2013 Police Officer Jennifer Ramos observed the victim, Mark Carrington, lying
on the sidewalk at923 S Cesar E. Chavez Drive in the City and County of Milwaukee. Officer
Ramos observed that the victim had been shot and was unresponsive. The victim later expired
as a result of 5 gunshot wounds later determined to have been caused by 3 gunshots.
gCANNEE
}lN 1920fl
Page 2 of 2
John Flasko Phillips, DOB: 04/1811987
Recovered nearby by Police Officer Jose Acevedo were two firearms underneath a vehicle
located at 925 S Cesar E Chavez Drive. These guns were inventoried. Later one of the guns, a
gmm handgun, was analyzed by Forensic lnvestigator Jason Reifschneider who recovered a
latent print from the 9 mm magazine. This print was later examined by Latent Print Examiner,
Richard Jacobs, and determined to a reasonable degree of scientific certainty that it matched
the left thumb of the defendant, John Phillips.
The defendant was subsequently arrested and when arrested he was wearing jeans and a
pouch. Surveillance video recovered from the homicide scene depict a shooter who is wearing
similar jeans and a similar pouch-like object.
A check of Milwaukee County Circuit Court records reveal that the defendant has previous
convictions for felonies in cases 06 CF 1922 and 12 CF 1277. Said convictions remain of
record and have not been reversed.
The body of Mark Carrington was later transported to the Milwaukee County Medical Examiner's
Office where an autopsy protocol was performed by Dr. Yen Van Vo a forensic pathology fellow
who was under the supervision of Dr. Brian Linert, an assistant medical examiner who is
licensed to practice medicine in the State of Wisconsin with specialized training in the area of
forensic pathology. Upon performing the autopsy on Mr. Carrington, Dr. Vo determined to a
reasonable degree of medical certainty that Mr. Carrington died as a result of three gunshot
wounds, one to the chest, one to the left thigh and one to the right thigh. lt was determined that
Mr. Carrington died as a result of multiple gunshot wounds as the manner of death was ruled a
homicide.
Further investigation in this case involved talking to the defendant's girlfriend, a woman by the
name of Candice Owens. Ms. Owens provided a phone number for the defendant. Based on
this information the City of Milwaukee Police Department subpoenaed the phone records of the
defendant that pertain to that phone number and upon examining those phone records and cell
tower information, it was determined that at the time of the shooting death of Mr. Carrington that
phone was in the vicinity of the homicide.
****End of Complaint****
Subscrl
and sworn to
e me and approved forfiling tnis
/.-,'fi
b
day of December, 2013.
e-
Comolainino Witness
Assistant District Attorney
1 01 0663
("i'P' F.p.ht
STATE OF WISCONSIN
CIRCUIT COURT
CRIMINAL DIVISION
MILWAUKEE COUNTY
AMENDED INFORMATION
DA Gase No.:201 3ML01 8656
STATE OF WISCONSIN
Plaintiff,
VS.
Court Case No.: 2013CF003828
Phillips, John Flasko
2968 N Buffum
Milwaukee, Wl 53212
DOB: 0411811987
Defendant,
T
CHISHOLM, DISTRICT ATTORNEY FOR MILWAUKEE COUNTY, WISCONSIN,
HEREBY INFORM THE COURT, THAT:
I, JOHN
Count 1: FIRST DEGREE RECKLESS HOMICIDE, USE OF A DANGEROUS WEAPON
The above-named defendant on or about Wednesday, August 14,2013, at 923 S Cesar E
Chavez Dr, in the City of Milwaukee, Milwaukee County, Wisconsin, did recklessly cause the
death of Mark Dwayne Carrington Jr., another human being, under circumstances which
showed utter disregard for human life, contrary to sec. 940.02(1), 939.50(3)(b), 939.63(1)(b)
Wis. Stats.
Upon conviction for this offense, a Class B Felony, the defendant may be sentenced to a term of
imprisonment not to exceed sixty (60) years.
And further, invoking the provisions of sec. 939.63(1)(b) Wis. Stats., because the defendant
committed this offense while using a dangerous weapon, the maximum term of imprisonment for
the felony may be increased by not more than 5 years.
Count 2: POSSESSION OF A FIREARM BY A FELON
The above-named defendant on or about Wednesday, August 14,2013, at 923 S Cesar E
Chavez Dr, in the City of Milwaukee, Milwaukee County, Wisconsin, did possess a firearm,
subsequent to the conviction for a felony in this state, contrary to sec. 941.29(2)(a), 939.50(3Xg)
Wis. Stats.
Upon conviction for this offense, a Class G Felony, the defendant may be fined not more than
Twenty Five Thousand Dollars ($25,000), or imprisoned not more than ten (10) years, or both.
JOHN T. CHISHOLM, DISTRICT ATTORNEY
DATED
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Kevin"R.Shomin
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Assistant District Attorney
1 01 0663
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STATE OF WISCONSIN
CIRCUIT COURT
CRIMINAL DIVISION
MILWAUKEE COUNTY
INFORMATION
DA Gase No.:201 3ML01 8656
STATE OF WISCONSIN
Complaining Witness:
Phillips, John Flasko
2968 N Buffum
Milwaukee , Wl 53212
DOB: 04/18/1987
Court Case No.:
l) ({
I, JOHN T. CHISHOLM, DISTRICT ATTORNEY FOR MILWAUKEE COUNTY, WISCONSIN,
HEREBY INFORM THE COURT, THAT:
Count 1: POSSESSION OF A FIREARM BY A FELON
The above-named defendant on or about Wednesday, August 14,2013, at 923 S Cesar E
Chavez Dr, in the City of Milwaukee, Milwaukee County, Wisconsin, did possess a firearm,
subsequent to the conviction for a felony in this state, contrary to sec. 9 1.29(2)(a), 939.50(3)(g)
Wis. Stats.
Upon conviction for this offense, a Class G Felony, the defendant may be fined not more than
Twenty Five Thousand Dollars ($25,000), or imprisoned not more than ten (10) years, or both.
SCANNT:I
$tP 1 2 ?t13
JOHN T. CHISHOLM, DISTRICT ATTORNEY
't
DATED
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Kevin R. Shomin
Assistant District Attorney
1 01 0663
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STATE OF WISCONSIN
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CIRCUIT COURT
CRIMINAL DIVISION
I
MILWAUKEE COUNTY
CRIMINAL COMPLAINT
DA Case No.:201 3ML018656
STATE OF WISCONSIN
Plaintiff,
Complaining Witness:
VS,
Detective Keith Kopcha
Court Case No.:
Phillips, John Flasko
2968 N Buffum
Milwaukee, Wl 53212
DOB: 0411811987
raK,;x
Defendant,
THE ABOVE NAMED COMPLAINING WITNESS BEING DULY SWORN, ON INFORMATION
AND BELIEF STATES THAT:
Count 1: POSSESSION OF A FIREARM
The above-named defendant on or aboutWednesday, August 14,2013, at 923 S Cesar E
Chavez Dr, in the City of Milwaukee, Milwaukee County, Wisconsin, , contrary to sec.
e41.2e(1)(0, e3e 50(g)(g) Wis. Stats.
Upon conviction for this offense, a Class G Felony, the defendant may be fined not more than
Twenty Five Thousand Dollars ($25,000), or imprisoned not more than ten (10) years, or both.
Complainant is a City of Milwaukee Police Detective and bases this complaint upon his own
investigation and that of fellow City of Milwaukee Police Officers and Detectives, whose reports
and investigations state the following:
On August 14,2013 Police Officer Jennifer Ramos observed the victim, Mark Carrington, lying
on the sidewalk a|923 S Cesar E. Chavez Drive in the City and County of Milwaukee. Officer
Ramos observed that the defendArf;had been shot and was unresponsive. The victim later
expired as a result of 5 gunshot UvEiiOs later determined to have been caused by 3 gunshots.
Recovered nearby by Police Officer Jose Acevedo were two firearms underneath a vehicle
located at 925 S Cesar E Chavez Drive. These guns were inventoried. Later one of the guns, a
gmm handgun, was analyzed by Forensic lnvestigator Jason Reifschneider who recovered a
latent print from the I mm maga4ine. This print was later examined by Latent Print Examiner,
Richard Jacobs, and determined to a reabonable degree of scientific certainty that it matched
the left thumb of the defendant, John Phillips.
The defendant was subsequently arrested and when arrested he was wearing jeans and a
pouch. Surveillance video recovered from the homicide scene depict a shooter who is wearing
similar jeans and a similar pouch-like object.
A check of Milwaukee County Circuit Court records reveal that the defendant has previous
convictions for felonies in cases 06 CF 1922 and 12 CF 1277. Said convictions remain of
record and have not been reversed.
Page 2 of 2
John Flasko Phillips, DOB: 04/1811987
****End of Complaint****
and sworn to before me and approved for filing this 19 day of August, 2013
/e
/
in R. Shomin
Assistant District Attorney
1 01 0663
D
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Complaining Witness
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