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10/20/10 07:10

Dane County Sheriff's Office Law Supplemental Narrative






M. Sweeney




250 Page:



SUMMARY: I arrested a subject who was attending and Resisting an Officer. The subject segregation

a Coliseum

was transported to the Dane County after failing the booking process.


for Disorderly

Jail but was placed



OFFENDER: Burke, Samuel D. Male white DOB 11-02-89 3 S. 572 Melcher Avenue Warrenville, IL IL DL #B620-7848-9312 Social Security Number 350-84-0507 Physical


5 '11, .175 pounds (Burke was verbally


We had no way of confirming

that identity.

CHARGES: .Charge


Disorderly Conduct State statute 947.10 Charge


Resisting an Officer State statute 946.41



On Tuesday, 10~19-10, I was working as a Dane County Sheriff's Deputy at a Dane County Coliseum event at 70 Fairgrounds Drive in the Town of Madison, Dane County, Wisconsin. The event was Deadmau5. I was in full Dane County Sheriff's Deputy military-style uniform. The partners who assisted me in this arrest were Deputy Endres, Deputy Balistreri, and Deputy Haney. They also were in full Dane County Deputy Sheriff's military-style uniform. There was also private security working the event.



10/20/10 07:10


Dane County Sheriff's Office Law Supplemental Narrative




Around 9 PM, myself and Deputy Endres encountered Burke outside of the west entrance of the Coliseum. I had noticed a subject who was later identified as Burke had been talking to one of the Coliseum ushers outside of the west entrance doors. I could hear that part of the conversation was dealing with the fact that Burke had left the Coliseum event and now wanted to go back in, but the Coliseum usher was not allowing him to. At that time the conversation appeared to be civil. A few minutes later, I noticed that Deputy Eridres was now with the usher and Burke. They seemed to talk for a few more minutes before the usher, Deputy Endres and Burke began walking across the front of the entrance towards where I was standing. I noticed now that Burke was raising his voice to Deputy Endres and the usher saying he thought he should be able to get right back into the event. Burke was becoming more and more upset, raising his vo i ce and raising his arms up as he spoke. Deputy Endres stopped walking with Burke and Burke turned and walked towards Deputy Endres holding his ticket directly in front of Deputy Endres' face and getting close enough to Deputy Endres where I thought he was going to bump into Deputy Endres. I was standing next to Deputy Endres at that time and with the heel of my left hand, I pushed Burke back striking him in the sternum area. I told Burke to step away from us at which time Burke began yelling at me that I hit him and" that I did not know who I was dealing with. I took control of Burke's right arm and escorted him over to a squad car, the whole time talking to him and telling him he needed to calm down or he was going to be arrested. Burke's whole body was" rigid as I was walking him over to the squad car. As we got the squad car, I continued to tell Burke to relax and calm down or he was going to be arrested. Burke continued to yell at me that he was going to sue me and that I did not know who I was dealing with. Burke had been and continued to call us "Punk asses" and other names. Deputy Endres was on the left side of Burke at this point and we asked Burke to produce some ID. Burke immediately started tensing up his body and pulling his arms away from us. Burke then began actively pulling away from us and running from us. I had a hold of Burke's shirt because he was able to pull his arm away from me and as he ran away, I was telling him to stop, but he was able to pull away from me at which time he continued running and I fell to the ground. Deputy Endres began briefly chasing Burke, however, due to Burke's speed, Deputy Endres stopped and when I got up off the ground, I stopped chasing him. I then saw Burke fall to the ground himself so I started running back after him, but then he got back up and began running away again. Some private security had come outside to assist us and they began Burke, however, Deputy Endres let them know they could disregard. Due to Burke's was very busy,



speed and the fact that police related activity at the concert we were going to let Burke go as long as he left the premises.

Burke did not leave the premises and instead at least three times would come walking back to us yelling at us, but as we got close to him, he would run off again.


10/20/10 07:10

Dane County Sheriff's Office Law Supplemental Narrative

250 Page:

During these times as I would approach Burke, I would let him know he was under arrest and told him to get down on the ground. Burke ignored these commands and would just run away as we got closer. On what I think is the fourth time Burke walked back to us, we were able to surround him with deputies and private security. One of those deputies was Balistreri who displayed his Taser, pointed it at Burke and told him to get on the ground. Balistreri told him several times, however, Burke continued to stand up and in fact told Deputy Balistreri to shoot him with the Taser because he wanted to know how it felt. While this was going on, one of the private security was able to approach Burke from behind and grab his arms from behind in a bear hug style at which time deputies moved in on Burke. Burke remained very rigid and ignored our commands for him to put his hands behind his back. We had to force his arms behind his back and he resisted these efforts by trying to pull the arms forward in front of him and keeping his arms stiff at the same time. We were, however, able to put handcuffs on Burke behind his back. Burke continued to remain very rigid and leaned away from us any chance he had. Burke also had something in one of his hands tightly clenched. We told Burke several times to loosen his grip on whatever was in his hand, however, he would not do so. We tried prying Burke's fingers open, however, we were unable to. During this time, Burke continued to remain very rigid and pull away from us and lean away from us. We finally decentralized Burke to the ground at which time we were able to pry his fingers open and we found his ticket and some other paper in his hand. We asked Burke several times to sit up and stand up as we trying to assist him underneath his arms while he was handcuffed, however, Burke just laid with dead weight on the ground and told us we were going to have to pick him up. After probably 30 seconds of doing this, we finally rolled Burke up on his butt and stood him up. We walked Burke to the back passenger side of squad number 73 which was parked nearby. We told Burke to sit down in the squad and then swing his legs in, however, Burke was refusing to sit down and he was telling us to make him. Burke continued to keep his body extremely rigid and would lean forward into us as we were trying to push him into the squad car. This went on for about a minute before I directed a knee strike to Burke's solar plexus causing him to bend and sit down in the back seat of the squad of the squad. Deputy Haney was on the other side of the squad and was attempting to pull Burke further into the squad because Burke was now lifting his legs up and pushing them against the back door so we could not close it. We had to tell Burke several times to put his feet in the squad so we could close the door, however, he continued to push against the inside of the door and it took myself, Deputy Endres and one other subject to close the door with Burke trying to hold it open. Myself and Deputy Endres then transported insulting us the whole way.

Burke up to the jail with Burke

Once inside the jail, Burke would not go along with the booking was brought directly to seg without being booked.


During our contact with Burke, I did detect an odor of intoxicants him, however, he never provided us or the jail with a PBT.




and he




10/20/10 07:10

Dane County Sheriff's Office Law Supplemental Narrative

250 Page:

Due to Burke's agitated state, we asked him if he had taken any illegal drugs, but he would only answer us with a question which was did we find any illegal drugs on him. After Burke was brought to the Coliseum.

to segregation,

END OF REPORT. Deputy Mark Sweeney Dane County Sheriff's Office dlw Wed Oct 20 07:09:59 CDT 2010

we finished

our paperwork

and went back


A night never to remember (police report)  

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