Franklin couple accuses Milwaukee police of violating rights
Police searched their home for illegal weapons in 2006
By Marie Rohde of the Journal Sentinel
Posted: Aug. 5, 2008
A Franklin couple are suing the Milwaukee Police Department, alleging that their constitutional rights were violated when a SWAT team stormed into their suburban home looking for illegal weapons and shot the husband.
The police had obtained a no-knock warrant to search the home of Richard and Sharon Betker on Aug. 4, 2006. Neither had a violent criminal record, they owned their home, and they had no involvement with drugs, according to the suit filed by his attorney, Leonard Adent.
The commotion awakened Richard Betker, 59, about 10:30 p.m., the suit says. Betker got a handgun from a nightstand and called, “Who are you and what do you want?�?
The suit says Betker did not point the gun, but one officer said “He has a gun�? before at least one officer opened fire. Betker was shot in the finger and the left shoulder by an officer armed with a semiautomatic M-4 carbine.
The suit says police, some of whom arrived in an armored vehicle, broke the house’s picture window and the front and back doors.
According to the suit, Sharon Betker’s estranged sister called police and said there were weapons in the home and that Sharon Betker had threatened her sister in a conversation with the sister’s son. Sharon Betker denies the threat, and the suit says police did not question the nephew before getting the warrant. The sister had not been in the Betker home in more than four years.
Because Sharon Betker, 55, was convicted of a felony forgery charge in 1982, she is barred from owning a weapon. She said the weapons in the home belonged to her husband, the suit says.
The sister had told Milwaukee police that Sharon Betker did not like police. Milwaukee police did not contact Franklin police before the raid but would have found that the Betkers had “a good relationship with the local police" the suit says.
Police got the tip nine days before they obtained the search warrant, an indication that they did not believe the search was urgent, the suit says.
The suit says the couple were denied food and medication for 24 hours, even though Sharon Betker has a heart condition. They were not allowed to call their attorney.
Richard Betker was not charged with any crime. Sharon Betker pleaded no contest to a charge of being a felon in possession of a firearm, fined $250 and sentenced to five days she had served in the House of Correction.
The suit says police violated the Betkers’ right to protection against unreasonable search and seizure and their right to bear arms. It also says the arrest was unlawful.
The suit also claims police violated the couple’s rights to due process by failing to investigate the accusations before obtaining and executing a search warrant.
The suit names the City of Milwaukee, the police chief, two police officers and other unidentified officers who were at the scene.
Milwaukee Deputy City Attorney Rudolph Conrad said the city had no comment on the suit.