Exhibit 9

CIRCUIT COURT CRIMINAL DIVISION Milwaukee County
CRIMINAL COMPLAINT
EXHIBIT 9
STATE OF WISCONSIN
STATE OF WISCONSIN, Plaintiff(s)
Defendant(s)
Gils, Jonathan 072473
130 East Townsend
Milwaukee, WI 53206
Det. Louis Johnson
Gilmore, Cory NMN 072777
130 East Townsend Milwaukee, WI 53206

THE ABOVE NAMED COMPLAINING WITNESS BEING DULY SWORN SAYS THAT THE ABOVE NAMED DEFENDANT(S) IN THE COUNTY OF MILWAUKEE, STATE OF WISCONSIN
COUNT 01: ATTEMPT ARMED ROBBERY - PTAC
On October 27, 1995, at 3833 North Teutonia Avenue, City of Milwaukee, as parties to a crime, with intent to steal, did and by the use or threat of use of a dangerous weapon, attempt to take property from the presence of Claudino Claudio, the owner, by using force against the person of the owner with intent thereby to overcome the said owner's physical resistance or physical power of resistance to the taking and carrying away of said property, contrary to Wisconsin Statutes section 943.32(1)(a) & (2) and 939.32 and 939.05.

COUNT 02: AGGRAVATED BATTERY-PTAC
On October 27, 1995, at 3833 North Teutonia Avenue, Milwaukee, as parties to a crime, did cause great bodily harm to Claudino Claudio, by an act done with intent to cause either substantial bodily harm or great bodily harm to Claudino Claudio, contrary to Wisconsin Statutes section 940.19(5) and 939.05.

COUNT 03: ARMED ROBBERY - PTAC
On October 16, 1995, at 3833 North Teutonia Avenue, City of Milwaukee, as parties to a crime, with intent to steal, did and by the use or threat of use of a dangerous weapon, take property from the presence of James Claudio, the owner, by using force against the person of the owner with intent thereby to overcome the said owner's physical resistance or physical power of resistance to the taking and carrying away of said property, contrary to Wisconsin Statutes section 943.32(1)(a) & (2) and 939.05.

COUNT 04: SUBSTANTIAL BATTERY-PTAC
On October 16, 1995, at 3833 North Teutonia Avenue, City of Milwaukee, as parties to a crime, did cause substantial bodily harm to James Claudio, by an act done with intent to cause bodily harm to James Claudio, contrary to Wisconsin Statue section 940.19(2) and 939.05.

AS TO COUNT 01:
Upon conviction of this charge, an attempt to commit a Class B Felony, the possible penalty Is imprisonment for not more than 20 years.

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Gils, Jonathan - 072473, Gilmore, Gory NMN-072777

AS TO COUNT 02:
Upon conviction of this charge, a Class C Felony, the maximum possible penalty is a fine of not more than $10,000 or imprisonment for not more than 10 years or both.
AS TO COUNT 03:
Upon conviction of this charge, a Class B Felony, the maximum possible penalty is imprisonment for not more than 40 years.
AS TO COUNT 04:
Upon conviction of this charge, a Class E Felony, the maximum possible penalty is a fine of not more than $10,000 or imprisonment for not more than 2 years or both.
Complainant states that he is a City of Milwaukee Police officer and bases this complaint upon the following:
AS TO COUNTS 01 AND 02:
Upon the statements of Claudino Claudio, an adult citizen who owns and operates Jim's Beer and Liquor, located at 3833 North Teutonia, in the City and County of Milwaukee, Wisconsin. Claudio said that shortly after 8:00 p.m., on Friday, October 27, 1995, he was working alone at the liquor store, when two black males came in and he recognized them because they had been in the store 3 or 4 times earlier that same day. Claudio said that the shorter of the two black males, later identified in a police lineup as defendant Gils, asked for some Tanqueray gin, but when Claudio reached for the gin, defendant Gils reached and grabbed Claudio. When Claudio removed his pistol and began struggling with defendant Gils, the second black male, later identified from a photo array as defendant Gilmore, began to beat Claudio over the head with liquor bottles. Claudio said that he refused to let go of his gun as defendant Gilmore was striking him in the head with different liquor bottles, and the two fled the store after he finally did release his gun. Claudio said that he had a substantial amount of cash on his person in the struggle, and it went flying throughout the store during the struggle, and he was not sure whether the defendants were able to take any money with them when they fled. Claudio said that the defendants did take his handgun when they fled. Claudio said that he did not give defendants consent or permission to remove any of his, property from his person or his store, including any cash or his handgun.
Upon personal observation when complainant arrived at the store a few moments after the above-described events, having been just a short distance away when notified by citizens that the liquor store was being robbed. Complainant states that he observed that Claudio was bleeding profusely from several cuts and lacerations on his head, and observed that there was blood everywhere in the liquor store, and broken bottles of liquor everywhere, and various sums of money scattered about the store. Complainant states that he summoned other police officers to help in the search for the suspects, and during a search of the area, Police Officer Mitchell Ward found a jacket that matched the description of the jacket worn by defendant Gilmore, and inside the pocket of said jacket was some documentation that led complaint to 2525 West Capitol Drive in Milwaukee. Complainant further states that Officer Ward also found a left tennis shoe

Page 3 Gils, Jonathan - 072473, Gllmore, Cory NMN - 072777, (Flla brand) along the path where the two robbers had fled from the liquor store.
Complainant states that Claudio was transferred to St. Michael Hospital where various medical staff spent more than 5 hours treating Claudio for the various cuts to his head, said cuts which eventually required more than 200 stitches to close.
Complainant states that when he went to 2525 West Capitol Drive, a black female, later identified as April Parker, answered the door. When complainant was looking through the glass in the door, he saw a black male, later identified as defendant Gils, look through a bedroom door and slam it. Complainant was then informed by other officers surrounding the house that someone was trying to exit the bedroom window, so complainant went through the front door, toward the back bedroom, and saw near the bedroom door the companion white Fila tennis shoe that matched the one found earlier by Officer Ward. Complainant states that defendant was then arrested in the bedroom of the premises, which turned out to be the residence of April Parker, the girlfriend of co-defendant Gllmore, who is the uncle of defendant Gils.
Upon the statement of James Claudio, the son of Claudina Claudio, who stated that the day after the robbery, while cleaning up the mess at the liquor store, he found an unloaded .32 caliber pistol with blood and hair on it, which did not belong to anyone at the premises.
Upon a statement made by defendant Gils, after being advised of his constitutional rights, wherein he said that he and his uncle, defendant Gilmore, brought a half pint of gin at the liquor store, drove back to April's apartment, did some other errands, went back to the liquor store again to get some 40 oz bottles of beer, then went back to April's house and drank the gin and the beer, before going back to the liquor store a third time to get more beer. Gils said that when they returned to the liquor store a fourth timer he and defendant Gilmore robbed it without any planning. Gils said that he walked into the store first, asked the old man how much the Tanqueray gin cost, and when the old man reached for the gin, Gils removed a .32 caliber semi-automatic pistol with a brown handle from his jacket pocket and pointed it at the old man. When the old man took out his own gun, Gils grabbed it and a struggle ensued, during which he didn't know what happened to his own gun, because he was trying to take the old man's gun away from him. Gils said that when the old man hit him in the head and face with his gun, Cory (le. the co-defendant) began to hit the old man with liquor bottles across the head. When Gils finally got the gun away from the old man, he gave it to defendant Gilmore, and they both fled from the store on foot after being chased by the police. Gils said that he did not get anything from the store other than the old . man's gun, but he lost his own .32 caliber pistol during the fight. Gils said that he was wearing Fila tennis shoes, and lost one during the chase. Gils said that Gilmore was wearing the multicolored leather jacket with the large X on the back (ie. the one found by Officer Ward matching the description given the victim). Gils positively identified a police B of I photo of Cory Gilmore as being a photo of his uncle, the co-defendant.
Upon a statement of Milwaukee Police Officer Michael Salomone, who stated that on October 28, 1995, while assigned to the Robbery Task Force looking for defendant Gilmore, he spotted defendant Gilmore at 3423 North Palmer,

Page 4 Gils, Jonathan - 072473, Gilmore, Cory NMN- 072777
a short distance from defendant Gilmore's residence. When Gilmore spotted the police, Gilmore threw down an object and fled on foot, but was not apprehended. Salomone recovered from the spot where he saw defendant Gilmore throw down an object, a .40 caliber handgun, which was later shown to Claudino Claudio, who positively identified said .40 caliber handgun as being his gun taken during the above-described robbery.
AS TO COUNTS 03 AND 04:
Upon the statement of James Claudio, an adult citizen who works at his father's liquor store at 3833 North Teutonia Avenue, in the City and County of Milwaukee, Wisconsin James Claudio said that at approximately 5:30 p.m., on Monday, October 16, 1995, while working at his father's liquor store, two black males entered the store and began looking around but did not buy anything. James Claudio said that about 5 minutes later, the two black men returned to the store, at which time the shorter of the two, later identified from a police lineup as defendant Gils, produced a small caliber semi-automatic handgun and pointed it at James Claudio, demanding money. When the taller of the two black males, later Identified from a photoarray as defendant Gilmore, also demanded money, James Claudio immediately opened both cash registers, at which time both defendants ran behind the counter, removed the monies from the cash registers, placed it in their pockets, then ordered James Claudio to go to the back room with them. When James Claudio resisted doing this, a struggle ensued, at which time both defendants grabbed liquor bottles and struck James Claudio on the head with them, causing him to fall to the floor, and then fled the scene with an undetermined amount of cash. James Claudio said that the did not give either defendant consent or permission to remove any property from his person or the store, including cash.
James Claudio stated that he was treated at Mt. Sinai Hospital for lacerations to his head and one of the cuts required seven stitches.
****END OF COMPLAINT****
SUBSCRIBED AND SWORN TO BEFORE ME
AND APPROVED FOR FILING October 31, 1995
AST.DISTRICT ATTORNEY COMPLAINING WITNESS -
- FELONY COMPLAINT --
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