When he leaves the office at the end of the week, James Hutchinson, captain of the Milwaukee Police Department’s Homicide Unit, can’t wait for Monday so he can get back to work solving murders.

“I could have retired six months ago,” he said. “But I know that the work we do really makes an impact on people’s lives.”

That work doesn’t always go as planned. Last year Milwaukee homicide detectives cleared 78% of the 132 murder cases they investigated — the highest rate in years. From 2020 to 2023, when murder rates soared during the pandemic, clearance rates fluctuated between 50% and 59%, leaving many families without closure.

For those awaiting justice, Hutchinson said he wants them to know that his team of 33 investigators remains committed to solving their case.

“From the first two weeks to a month, or months or years down the line, we’re equally as committed to solving a murder as we were today.”

That work begins as soon as a homicide is reported, he said.

Homicide investigations in Milwaukee

Typically, said Hutchinson, uniformed officers are the first to arrive on the scene. They work to establish an incident command area, set parameters using police tape, control crowds and prevent any disruption of evidence.

Patrol officers are also the first to seek out witnesses and spot cameras.

Detectives are not far behind. As soon as a homicide is reported, Hutchinson said, a team of detectives and supervisors will immediately head to the scene and start their investigation.

Once they arrive, they assemble the information that’s already been collected, gather more clues, find additional witnesses and hopefully identify suspects. Investigations take place in homes, city streets and hospitals or even at the medical examiner’s office.

Critical, Hutchinson said, is the early stages of that investigation.

“Those first moments, those first hours, those first minutes are very important. Evidence starts to disappear. People go to different places. It could be as simple as video evidence being recorded over. We focus and attack an investigation very fast, very intensively,” he said.

When homicides happen in bunches, as was often the case during the pandemic, resources are pulled from other units to help.

The team approach

Hutchinson said MPD investigates homicides differently from any other large city in America, using a team approach rather than dedicating detectives to specific cases. Homicide investigators working that shift will begin the investigation and then debrief the next shift before handing off the case.

“They brief the incoming shift on what occurred, what was accomplished and what still needs to be done,” Hutchinson said. “That cycle continues until we run out of things we need to do right now.”

Utilizing this method allows for a continuous investigation, but it also creates some problems, acknowledges Hutchinson.

“Because there is this team concept, you have a potential for having not as much accountability per person,” he said. 

He said his division works to alleviate that problem by relying on sergeants and others, including himself, to oversee investigations and follow-ups.

Communication challenges

Another issue with not dedicating specific investigators to specific cases is communication.

“We love to get information, but we are not good at checking back in with the family and letting them know we haven’t forgotten,” he said. “We acknowledge that we have room for improvement.”

Not receiving regular updates from homicide investigators is a common complaint among family members of victims, especially those whose cases remain unsolved.

Brenda Hines, whose son Donovan was murdered in 2017, tracked down officers in person when they wouldn’t respond to her calls. 

“It’s a bad process,” she said. 

She founded the Donovan Hines Foundation in honor of her son and to help other families by providing grief support, mental health and other resources to residents. 

Hines said she believes police can still solve her son’s murder if anything should come up.

“They just don’t have enough evidence yet,” she said.

Janice Gorden, who created Victims of Milwaukee Violence to help families access funeral support and other services, said she believes police are doing what they can to solve homicides and work with families.

But families, she said, will not be satisfied until they have answers. Often it gets to the point where they become focused on investigating the case themselves.

“They have way more information than sometimes the detectives do,” Gorden said. “They drive themselves crazy trying to find answers to who killed their loved one.”

Both Hines and Gorden have worked with mothers to arrange meetings with police and the district attorney’s office to get information about homicide cases.

Hutchinson said two new victim support positions were created recently to help improve communication with families.

Notifying the family

Hutchinson worked his way up the ranks of MPD, first as a patrol officer, then gang squad, detective, robbery and vice squad, and as a homicide detective from 2008 to 2020.

Before becoming captain, he has often taken on the grim task of letting a family member know a loved one was killed.

“Making a death notification is one of the hardest parts of this job. It’s incredibly heartbreaking,” he said. “The range of reactions, you can’t even anticipate. There are completely stoic people that accept what you’re telling them, to some incredibly violent reactions.”

A much better feeling, he said, is when they are able to notify a family that an arrest has been made. But even that’s a struggle.

From investigation to charges

Although police might make an arrest in a homicide case, that doesn’t mean that charges will be filed.

Police, Hutchinson said, only need probable cause to make an arrest. The burden of proof at the district attorney’s office, which files homicide charges, is higher.

“The DA’s office has to be able to prove it beyond a reasonable doubt,” he said. “Many times we will make an arrest for probable cause, but we can’t get to that level.”

What often happens, Hutchinson said, is that officers will bring a case to the DA’s office or discuss what evidence they have and then talk about whether more is needed to file charges.

While that does bring some frustration, admits Hutchinson, it’s better than arresting the wrong person.

“My worst nightmare I would have in the world is to have the wrong person held accountable for a crime,” he said.

Milwaukee County District Attorney Kent Lovern acknowledges that the work to hold someone accountable for murder can be burdensome on families seeking justice.

“Obviously, there is a significant gap between the evidence needed to make an arrest versus the evidence needed to successfully prosecute a case,” Lovern said.

The reason for caution and continued dialogue with officers in hopes of building a strong case is because there’s no room for error.

“We really have one opportunity with a particular suspect to bring forward charges and we want to get it right. Not only for the person charged, but the victim’s family and the integrity of the system,” he said.

‘We never forget about the victims’

Depending on the time of year and other circumstances, homicide investigation units can get extremely busy, Hutchinson said. Even when pulling resources from other units, it can still impact the amount of time investigators have for each case.

On the flip side, he said, sometimes they’ve hit the point where they don’t have anything left to do at the moment. But, he said, he wants families to know that victims are more than just a name to them.

“They are someone’s family member or friend, and the day they died is probably the worst day of many people’s lives,” he said.

Whether it’s been days, months or years, he wants family members to know his unit remains committed to solving their murder.

“Everyone can be assured that we never forget about the victims,” he said. “There is no replacement for their loved one, but it feels great to be able to notify the family that we have made an arrest.”

How you can help

Anyone with information on homicides is asked to contact Milwaukee police at 414-935-7360, or to remain anonymous, contact Crime Stoppers at 414- 224-TIPS.

What happens when someone is murdered in Milwaukee? An inside look at homicide investigations is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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 Wilber 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.”