Family of Milwaukee homicide victim voices frustration with juvenile court proceedings for accused teens

MILWAUKEE (CBS 58) -- One of three teens charged with killing a 35-year-old man in April appeared in juvenile court Tuesday.

Investigators said 35-year-old David Krause was looking for a ride home from a gas station at 1st and National during a storm and got into a car with several teenagers.

The petition for the case says three teens tried to rob Krause, then shot and killed him near 1st and National, and later set fire to the car, which was determined to be stolen.

Prosecutors are asking for all three teens to be waived to adult court, and so far, the juvenile court judge's decisions have left Krause's family distraught. 

David Krause Family

"I didn't think I could muster up the ability to be back in this courtroom," Kevin Krause, the victim's father, told CBS 58 as attended the second of three waiver hearings in this case.

Tuesday's hearing was for a 16-year-old boy accused of having the gun and firing the shot that killed Krause's son.

Prosecutors say this is the sixth delinquency case for the teen, referred to by initials "B.T.", with a history of weapons and theft charges.

Both the state and defense-appointed psychologists found B.T. was malingering - or intentionally exaggerating - during evaluations.

"The testing did suggest he was attempting to over-represent his mental health symptoms," said Dr. Steven Steinert, a licensed clinical psychologist obtained by B.T.'s counsel.

That hearing will continue Thursday. As proceedings progress, Krause is feeling discouraged.

"We just hope that somehow a right decision is made, unlike the one Mr. Childs decided to do last week," he said.

A waiver request for another 16-year-old defendant, initialed "J.M", was denied by Judge Milton Childs last Wednesday.

"The most difficult part of that hearing was when Judge Childs told us why he made the decision," Krause explained. "He put all of his weight of the decision on - 'what would the people want.'" 

Krause family Family

This is also JM's sixth case, according to prosecutors, with past charges involving weapons and more than a dozen stolen cars.

"It disgusts me that a judge could sit down with the details of this case and come to the conclusion that the people would want him on the streets," Krause said.

J.M. is now scheduled for a plea hearing on Aug. 21.

He said he asked Assistant District Attorney Gilbert Urfer if they could file an appeal but was told it was unlikely.

A third waiver hearing is scheduled for Aug. 12 for a 15-year-old, initialed "S.D.", in front of a different judge.

That teen was mistakenly released from custody in May and was found two days later.

With fingers crossed for different outcomes, the victim's family is losing faith.

"Is there hope, I don't know. If there is, I've not seen it yet," Krause said.

The court said Judge Childs cannot comment to media about his decisions regarding the waivers until the case is closed.