14-year-old accused in Milwaukee homicide 'mistakenly' released from custody

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MILWAUKEE (CBS 58) -- A 14-year-old suspect accused in a deadly Milwaukee shooting was "mistakenly" released from custody. 

The Milwaukee County Sheriff's Office (MCSO) was notified Sunday, April 26, the juvenile had been mistakenly released from the Vel R. Phillips Youth & Family Justice Center in Wauwatosa. 

A search was prompted and the juvenile was located and taken back into custody Monday morning without incident. 

The suspect is accused in the April 14 homicide of 35-year-old David Krause, who was fatally shot in an alley in Milwaukee's Harbor District. 

David Krause Krause family

The 14-year-old is only being identified by his initials, SD. He's charged with two felonies: murder during an armed robbery and attempted armed robbery.

In addition to the 14-year-old, Milwaukee police also arrested a 15-year-old boy, a 16-year-old boy and a 16-year-old girl in connection with the shooting. 

CBS 58 reached out to the Milwaukee County Department of Health and Human Services, who oversees the facility, for comment. They told us they are not available for an interview, and that "the circumstances of the release are being investigated."

A court petition describes the teen's involvement in Krause's death, saying the teen was in a stolen car with several others at a gas station near 1st and Mineral the night of April 14. Surveillance footage showed Krause talk to the teens and get into the backseat of the car, which drove a few blocks to 1st and Greenfield. 

Krause then gets out of the car and runs toward a bar with the 14-year-old and one other teen chasing him, assaulting him, and one of them shooting him before they both ran back to the car. 

Statement from the family of David Krause:

"It is a huge relief to know that the assailant charged with felony murder and armed robbery is back in custody BUT this still does not negate the fact that someone at the detention facility released this dangerous individual into the public over the weekend. Someone has to answer for their incompetence! Also, the parent or guardian who retrieved him would have been aware of the judge’s order and should also be held responsible for disregarding it. The Detention Center Administrator Kelly Pethke has not responded to our multiple calls and emails nor provided any explanation of how something like this could happen. I think they are hoping to sweep this incident under the rug rather than be held accountable."
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