Milwaukee to finalize nearly $7 million settlement to man framed by detectives for murder

The Milwaukee Police Administration Building downtown. (Photo by Isiah Holmes/Wisconsin Examiner)
A $6.96 million settlement — the second largest in Milwaukee’s history — stems from a federal civil lawsuit which accused Milwaukee Police Department (MPD) detectives of fabricating evidence against Danny Wilber, framing him for a 2004 homicide. Wilber spent 18 years in prison for a crime he always asserted he didn’t commit.
Wilber’s homicide conviction was ultimately overturned after he was found to have had an unfair trial in a federal appeals court. On May 8, the city’s Judiciary and Legislation Committee recommended approving the settlement. Yet before it was approved, elected leaders expressed discontent that taxpayers in Milwaukee would be footing the bill.
Further approvals will be needed from the Common Council and Mayor Cavalier Johnson. In a statement, Wilber said that the settlement “clearly establishes what I have truthfully maintained at all times — that I was completely innocent and that it was physically impossible that I committed this murder.”

Ald. Mark Chambers Jr. called the judge in Wilber’s case “incompetent”, while Ald. Robert Bauman said the judge made “some pretty bad decisions,” the Milwaukee Journal Sentinel reported. Council President Jose Perez said the city was “paying the price for some bad judgement and it’s inexcusable.” Yet it was city of Milwaukee police detectives, not a judge, who manipulated evidence in the case, and laid the groundwork for the settlement nearly 20 years after they arrested Wilber.
In January 2004, Wilber was at an after-hours party when, according to a federal complaint, he got into an argument with another party guest. As more people got involved the argument became a physical altercation which was being watched by another guest, David Diaz. At some point during the fight, someone standing behind Diaz shot him in the back of the head at close range. Diaz died instantly, and everyone who’d been in the kitchen panicked and left.
The complaint states that physical evidence from the scene showed that Diaz had been shot from behind. One of the named defendants in the civil action, Milwaukee police detective Thomas Casper, collected measurements from the scene and recovered bullet fragments that showed that Diaz had been shot from behind. Diaz’s autopsy corroborated those findings. “It was and is undisputed that, at the time of the shooting, Plaintiff Wilber was inside the kitchen and in front of David Diaz,” the complaint reads.
Despite the ballistic evidence, MPD detectives honed in on Diaz as the main murder suspect. Detectives didn’t look into multiple other plausible suspects, and went as far as to fabricate witness statements, the complaint states. Two other detectives, Randolph Olson and Louis Johnson, interrogated a witness to the shooting, Richard Torres, who was wanted for probation violations and turned himself in for questioning. Olson and Johnson used “threats and intimidation” to compel Torres to give a false statement by threatening to charge him with murder, and making clear that they were interested in Wilber as the shooter. Around the same time, another detective, Gregory Schuler, interrogated another witness, Jeranek Diaz. The complaint accuses Schuler of fabricating “substantial parts of a statement” from Diaz, including that at the time of the shooting, David Diaz had just turned around and was about to leave the kitchen when he was shot. Jeranek Diaz never said those statements, and was not allowed to review the typewritten version of his statement. Notes that Schuler allegedly took during the interview were never presented either to the prosecution or to Wilber’s attorneys.
Other detectives interviewed witnesses who had a learning disability and said after the shooting that she saw her brother pat himself down to check if he’d been shot. The detectives, Timothy Duffy and Joseph Erwin, wrote that the witness ducked her head and when she looked back up, everyone was running out the door and she hadn’t seen her brother. Duffy and Erwin did not read the witness’s statement back to her, and she signed the statement without knowing what it said.
One witness who was detained overnight without food, water or access to showers was told after interviews by detectives that he was “not telling us what we need to hear”, before being returned to a cell. Eventually, the exhausted witnesses agreed to make false statements if he was allowed to go home. Detectives also manipulated scene diagrams, and Wilber was charged with first-degree intentional homicide with a dangerous weapon in February 2004. Prosecutors heavily relied on evidence compiled by detectives, as well as false witness statements.

Wilber spent 18 years in prison, with the Milwaukee County District Attorney’s Office formally dismissing his case in May 2022. In order to carry out what the complaint describes as a “conspiracy,” the detectives would have needed to act alongside other MPD investigative, supervisory and command personnel, as well as “other unknown co-conspirators.” Casper would eventually go on to become one of the first commanders for the Milwaukee Area Investigative Team (MAIT), a network of detectives that focuses on civilian deaths by police, and which has been criticized for conducting problematic death reviews. MAIT selected a different commander in 2020, and Casper died by the time Wilber’s lawsuit reached its conclusion.
“The evidence that came out in this case showed that this was not a series of mistakes by a squad of incompetent detectives,” Wilber said in a statement. “No, it was a conscious plan to construct a false case against me with manufactured witness statements in order to put me behind bars. It was a plan that they have used again and again against Black, Indigenous and other poor people of color. In this case, like in many others, the prosecutors and the Court system were, from beginning to end, vindictively complicit in my wrongful conviction and incarceration. This settlement delivers a measure of justice against the police who framed me, but what about the prosecutor who presented the false evidence at trial? What about the Judge who allowed it and violated my constitutional rights? What about the Assistant Attorney General who fought for years to keep me in a cage after my conviction was overturned and took the case all the way up to the Supreme Court of the United States? They’re all complicit and because of the corrupt system, they get to walk away, free to repeat the egregious misconduct under the guise of due processes.”
Attorneys Ben Elson and Flint Taylor of the People’s Law Office in Chicago, who represented Wilber, said that the city would be paying him nearly $7 million because its detectives framed an innocent man. The attorneys addressed statements made by local elected officials, who were quick to blame the judge and other non-city government figures in the case. “Instead of passing the blame onto others, the City should publicly acknowledge its role in Danny Wilber’s wrongful conviction and make a sincere apology.”
GET THE MORNING HEADLINES.