Former sheriff's sergeant sentenced to prison in beating of suspect
March 5, 2010
by Bruce Vielmetti

A former Milwaukee County sheriff's sergeant was sentenced Friday to 18 months in prison for repeatedly slugging a handcuffed suspect in the face, an outburst his attorney blamed on post-traumatic stress disorder.

Even the prosector agreed that Scott Krause's outburst was out of character, but the judge said a prison term was needed to help restore community trust in law enforcement.

Circuit Judge Thomas Donegan also suggested that if the sheriff's office had had an officer-support team such as the one at the Milwaukee Police Department, Krause might never have reached the breaking point that he did Oct. 16. The team is designed to recognize early signs of job stress and offer peer intervention.

Almost reluctantly, Donegan imposed the prison term, plus a concurrent nine months for misdemeanor battery, as a message to the community that justice will hold law enforcement officers to a high standard. Krause, 38, was taken into custody after the sentencing.

At Friday's hearing, Deputy District Attorney Kent Lovern played video taken from inside the patrol car, which was parked at the sally port of the County Jail. Ray Calderon, handcuffed behind his back and belted into the back seat, swears and lightly kicks the car window as he says he needs to urinate. Krause opens the door and smashes Calderon several times in the face with a closed fist.

Lovern said while Calderon was hardly a model prisoner, other deputies dealing with him that day showed restraint when he acted up.

Lovern acknowledged that Krause had no prior complaints about excessive force and was generally held in high regard for professionalism and integrity.

"We're not dealing with a rogue cop here," he said but added that the case deserved a prison term to reassure the community that police officers' powers are not unrestrained.

Calderon told Donegan he hasn't been the same psychologically or physically since the attack and said he's still receiving treatment for injuries.

Krause, who cried through much of the hearing, apologized to Calderon, his family, the sheriff's office and the community.

Jay Schrinsky, a psychotherapist, testified he has been seeing Krause weekly since October, and that he suffers from PTSD, brought on by his two combat tours in the U.S. Army. About two weeks before the beating, Krause separated from his wife, the therapist said.

Krause's attorney, Michael Steinle, said Krause couldn't even remember the beating because his brain had blanked it out immediately. But when confronted with the videotape, he was ashamed and remorseful and never tried to blame Calderon for provoking him or use union rules to try and keep his job.

Sheriff David A. Clarke Jr. said Friday that it was ironic that others would question the lack of an officer support team within his department. In 2006, he invited the Fellowship of Christian Centurions to speak at roll calls. The deputies association sued, and last year, a federal appeals court upheld a finding that Clarke violated the constitutional separation of church and state.

Clarke said that's made him "gun shy" about trying to establish any other sort of peer support team. He noted that deputies can utilize the Employee Assistance Program available to all county employees.

Roy Felber, president of the Milwaukee Deputy Sheriffs' Association, said deputies did try to start their own support team, working with someone from the Milwaukee Police Department. He said the association tries to make initial referrals to mental health professionals because many deputies don't feel confident that inquiries through the EAP will remain confidential.