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A judge is expected to decide today whether to declare a mistrial in a case involving a reckless shooting after attorneys learned during the trial of a police email that might have provided evidence for the defendant to argue his innocence.

The defense attorney for DaeQuan Brown, 21, of Kenosha, is asking the case be dismissed with prejudice, meaning the state could not recharge Brown, because potentially exculpatory evidence was withheld.

“The defense believes this rises to the level of prosecutorial misconduct,” defense attorney James Fields Bowers said. The prosecution argued that the declaration of a mistrial would be more appropriate, which could allow the state to refile charges against Brown.

Brown is on trial this week for 11 counts of first degree recklessly endangering safety and one count of carrying a concealed weapon.

He was charged after he allegedly fired a gun during a fight outside Moe Moe’s food market on April 15. The state has argued that Brown fired his weapon into a group of people after a fight. A bullet apparently fired during the incident crashed through the wall of a nearby home, frightening the family inside.

Brown has maintained that he took out a gun in self defense after he was attacked by a large group of people and fired into the air to scare the other people away. He believed the other group was armed as well.

The trial began Tuesday. During the proceedings, Assistant District Attorney Carli McNeill told the court she learned while speaking to a Kenosha Police officer that there was an email the officer wrote April 17 to a detective on the case and copied to additional officers that included information about the other people involved in the fight with Brown, names of potential witnesses who said other people involved were likely armed and a photograph of the people involved taken from a Facebook page.

She provided Fields Bowers with that email on Tuesday afternoon, and he asked the court for a recess to allow him to look at the new evidence.

On Wednesday, Fields Bowers argued the information in the police email and a review of the social media account referenced in the email would have aided the self defense strategy he had been pursuing. Fields Bowers said a video on the social media account referenced in the email also had a video of the people involved in the fight with Brown that appeared to be taken on the same day as the shooting. In that video the men were armed.

“Just one click you were sent to a video of these guys waving a gun around and doing gang signs, and this happened on the same night my client was attacked,” Fields Bowers said.

Fields Bowers said he filed a motion requesting all police evidence, including police memos about the case, eight months ago and was never provided the email.

McNeill said she was not aware of its existence herself.

“I don’t think the police were intentionally withholding this, I think it was an error,” she said. “I certainly acknowledge there is a problem here.”

Judge Bruce Schroeder said it was the state’s responsibility to provide all discovery to the defense. He said the district attorney’s office, as the lawyer for the state, is responsible.

“You brought the case to trial, (Brown) has been placed in jeopardy, and it sounds like there is significant exculpatory evidence,” Schroeder said.

The judge dismissed the jury for the day Wednesday, and said the attorneys for both sides can argue today whether there should be a mistrial with prejudice, a mistrial without prejudice, or whether the trial should continue.
the north face venture jacket Email leads to call for mistrial in shots