A 17-year-old boy was charged Monday with first-degree intentional homicide for the shooting death last week of a Fort Atkinson man during a robbery in Fitchburg.
Joshua B. McInnis, of Lone Rock, was jailed on $1 million bail after he was also charged with being a party to armed robbery for the March 12 incident that led to the death of Julian J. Patterson, 20, in a parking lot at the New Fountains Apartments on Anton Drive.
Another teen, Gary C. Mays Jr., 18, of Madison, was charged with being a party to first-degree intentional homicide and armed robbery and was also jailed on $1 million bail after appearing in court Monday. A third suspect, Travon A. Jackson, 19, of Madison, was charged with felony murder and being a party to armed robbery. He was jailed on $200,000 bail.
A criminal complaint states that Jackson had for days discussed a marijuana deal with Patterson’s girlfriend, Khariyhana Martin, involving about three ounces of marijuana. Deputy District Attorney William Brown said that Jackson later lied to police about having any role in events that led to Patterson’s death, but police found Facebook messages between Jackson and Martin that pertained to the marijuana deal that was being set up.
In an unrelated case, McInnis, Mays and Jackson were each charged with child abuse for their roles in an incident in December at Super Target, 6321 McKee Road, in which they are alleged to have attacked a worker there who was 16 years old at the time. The worker said he recognized the three from Facebook.
McInnis, Mays and Jackson will be back in court for a preliminary hearing on March 29.
According to the homicide complaint:
Martin told police that she had arranged with Jackson to bring about three ounces of marijuana to an apartment at 5154 Anton Drive, and that she and Jackson remained in contact on Facebook right up until she and Patterson arrived at the apartment building.
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Once there, she told police, she never saw Jackson. According to messages on Facebook, Martin threatened to leave when nobody came out of the apartment building right away. Mays and McInnis, whom Martin later identified through photo lineups, instead came out, and she had them come to the van that she and Patterson had driven to Fitchburg.
Mays sat in the back seat with Patterson and McInnis sat in the front passenger seat. Martin told police that McInnis pulled out a gun equipped with a laser sight, pointed it at Patterson and demanded the marijuana. Mays grabbed Patterson’s pocket and asked if he had anything else, and Patterson responded that he didn’t. Mays then began to hit Patterson, while McInnis kept the gun pointed at Patterson, Martin told police.
Martin told police that Patterson was able to get out of the van and into the parking lot but was followed out by Mays and McInnis. She also said that she had held the marijuana on her lap, but that she let McInnis take it after Patterson told her to let it go.
The fight continued behind the van, and Patterson was knocked to the ground, Martin said. She said McInnis stood over Patterson and fired one shot at him before he and Mays fled.
Brown said in court Monday that the evidence shows that Patterson had his arm up to defend himself. The bullet struck his arm and his torso, causing his death, an autopsy found.
On March 13, the complaint states, police stopped a car in which Mays and McInnis were traveling. During an interview at the Fitchburg Police Department, McInnis admitted going to meet Martin at Jackson’s direction, intending to rob her of marijuana. He said he had tucked a gun under his shirt on the way out of the apartment before meeting her, and that he pulled the trigger once during the shooting, according to the complaint.
McInnis said he threw the gun over a fence after the shooting, the complaint states.