Another wrongful conviction and a long prison sentence led to another multi-million claim against the city of Milwaukee.
Ladarious Marshall can’t get 12 years of his young life back, so he’s asking for $12 million in a lawsuit instead.
Marshall, 29, sued the city and four police officers over a 2008 homicide conviction that was later thrown out due to how detectives handled his questioning.
Marshall was 16 at the time and was charged as an adult in 2008 with first-degree intentional homicide in the shooting death of 19-year-old Lavare Gould in Milwaukee. He confessed to a reduced charge of second-degree reckless homicide and was sentenced to 20 years in prison.
In 2020, a federal judge ruled that detectives violated Marshall’s rights by continuing to question him after he repeatedly invoked his right to remain silent. The judge ordered his release from prison if prosecutors did not resume the case against him within 90 days.
Instead, the state requested that Marshall’s conviction and sentence be overturned and dismissed the case.
According to the lawsuit filed Monday in U.S. District Court in Milwaukee:
Two months after Gould’s murder, police had no leads on a suspect. Then a man arrested on an unrelated matter gave them conflicting information about Gould’s case, implicating Marshall and others.
Detectives arrested Marshall at his grandmother’s house, where he lived, at 7 a.m. After hours alone in a windowless room, he met detectives Gust Petropoulos and Michael Braunreiter.
Marshall said he didn’t want to make a statement, but detectives continued to ask questions and make comments related to what they knew about the Gould case. Marshall, who had a learning disability, repeatedly said he didn’t want to talk to detectives.
At one point, they falsely told Marshall that they had spoken to his grandmother and that she had not corroborated his alibi.
During a break from an initial interrogation, around 2 p.m., Marshall asked someone outside the room what was going on. Detectives used this as an excuse to start interviewing Marshall again, according to the complaint. This went on for another two hours, during which Marshall began to answer a few questions.
Later, while being questioned separately by Braunreiter and then by two other detectives, Matt Goldberg and Timothy Heier, Marshall said he was at the scene and fired a gun that the first informant gave him. given, but not on Gould.
His attorney, Scott Rauscher of Lovy & Lovy in Chicago, said Marshall did not kill Gould.
Around 6 p.m., Marshall was allowed to make a phone call, but could not reach his grandmother.
He raised questioning questions before the trial, but his motions to suppress his statements were denied. He faced a mandatory life sentence if convicted of first-degree intentional homicide and chose to plead guilty to second-degree reckless homicide.
Marshall’s appeals also failed, until he filed a writ of habeas corpus in federal court.
His lawsuit says Marshall was sent to the Green Bay Correctional Institute, which was “totally unsuitable for a child and was plagued with violence, inadequate staff, overcrowding and dangerously outdated infrastructure.” The lawsuit continued that Marshall “lived in constant fear of being attacked by fellow inmates” at the facility.
Although his lawsuit does not specify the damageshis notice of claim to the city cited the amount of $12 million.
The lawsuit raises several claims, including violation of his Fifth Amendment rights to counsel and against self-incrimination, to due process under the Fourteenth Amendment.
The lawsuit also charged the defendants with conspiring to deprive Marshall of his rights, intentionally and negligently inflicting emotional distress, and failing to intervene. He says the city should be held accountable for the officers’ conduct.
The city attorney’s office and police department do not comment on ongoing cases.