SUPERIOR POLICE DEPARTMENT

Report for 18SP11509

Nature:  BATTERY Location:  A72
How Received:  911 Line Agency:  SP
Address:  1812 IOWA AV;
JIMMYS SALOON
SUPERIOR WI 54880

Offense Codes:  946.43(2) (ASIM)

Responsible Officer:  MAHLEN C Disposition:  CAA 08/08/18
When Reported:  00:56:39 08/08/18 Occurred Between:  00:56:27 08/08/18 and 00:56:34 08/08/18

Offense Codes
Reported:   946.43(2) (ASIM) Observed:   ASIM ASSAULT, SIMPLE
Additional Offense:   946.43(2) (ASIM)

Circumstances
Responding Officers:   Unit :  
MAHLEN C 523
MARCHIORI J 519
JAGO B 573

Last Radio Log:   02:01:19 08/08/18CMPLT Clearance:   RT(INCIDENT REPORT)

When Reported:   00:56:39 08/08/18 Disposition:   CAA Date:   08/08/18
Code EnforcementEREF Occurred between:   00:56:27 08/08/18
Status:   
Misc Entry:    and:   00:56:34 08/08/18

Modus Operandi:   Description :   Method :  

Involvements
Date Type Description
08/08/18 Name KERN, KEITH JOSEPH Victim
08/08/18 Name SUTHERLAND, CRAIG JAMES Victim
08/08/18 Name KERN, KEVIN MICHAEL Witness
08/08/18 Name OLAF, JAMES THEODORE Witness
08/09/18 Name FIELDS, DAN Witness
08/13/18 Name LEFCOWITZ, EMILY AUSTIN Witness

08/14/18
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08/13/18 Name NORLIN, HANNAH J Witness

08/08/18 Name JOHNSON, ADAM TROY Suspect
08/08/18 Name BROWEN, JEREMY RICHARD Suspect

08/14/18
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Name Involvements:
Victim :   2800
Last:   SUTHERLAND First:   CRAIG Mid:   JAMES
Address:   2022 SUSQUEHANNA AV
SUPERIOR, WI 54880
DOB:   02/02/85 Dr Lic:   S364-1108-5042- Phone:   (218)260-8379
04
Height:   6'00" Weight:   220 Hair:   BRO Eyes:   GRN Race:   W Sex:   M Age:   33

Victim :   20145
Last:   KERN First:   KEITH Mid:   JOSEPH
Address:   1618 SUSQUEHANNA AV
SUPERIOR, WI 54880
DOB:   01/12/85 Dr Lic:   K650-5108- Phone:   (218)391-8037
5012-04
Height:   6'02" Weight:   190 Hair:   BRO Eyes:   BRO Race:   W Sex:   M Age:   33

Witness :   47083
Last:   LEFCOWITZ First:   EMILY Mid:   AUSTIN
Address:   1717 BANKS AV #1/2
SUPERIOR, WI 54880
DOB:   11/18/81 Dr Lic:   L123-2018-1918- Phone:   (715)939-0572
01
Height:   5'05" Weight:   120 Hair:   BLN Eyes:   HAZ Race:   W Sex:   F Age:   36

Witness :   172325
Last:   NORLIN First:   HANNAH Mid:   J
Address:   412 EVERGREEN PARK BLVD
, MN 55355
DOB:   06/12/97 Dr Lic:   H368044079217 Phone:   (320)699-9900
Height:   ' " Weight:   0 Hair:    Eyes:    Race:   W Sex:   F Age:   21

Witness :   189848
Last:   FIELDS First:   DAN Mid:   
Address:   1809 LACKAWANNA AV
SUPERIOR, WI 54880
DOB:   07/01/55 Dr Lic:    Phone:   (715)817-0585
Height:    Weight:   0 Hair:    Eyes:    Race:   W Sex:   M Age:   63

Witness :   24775
Last:   KERN First:   KEVIN Mid:   MICHAEL
Address:   2703 N 23RD ST
SUPERIOR, WI 54880

08/14/18
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DOB:   07/08/79 Dr Lic:   K650-5137- Phone:   (218)391-1487

9248-07
Height:   6'00" Weight:   225 Hair:   BRO Eyes:   HAZ Race:   W Sex:   M Age:   39

Witness :   189830
Last:   OLAF First:   JAMES Mid:   THEODORE
Address:   1701 MARYLAND AV
SUPERIOR, WI 54880
DOB:   11/30/57 Dr Lic:    Phone:   (715)817-4656
Height:   6'02" Weight:   275 Hair:   DGR Eyes:   BRO Race:   W Sex:   M Age:   60

Suspect :   189822
Last:   JOHNSON First:   ADAM Mid:   TROY
Address:   228 102ND AV W
DULUTH, WI 54880
DOB:   04/10/80 Dr Lic:   M203182856205 Phone:   
Height:   5'09" Weight:   190 Hair:    Eyes:   BRO Race:   W Sex:   M Age:   38

Suspect :   189823
Last:   BROWEN First:   JEREMY Mid:   RICHARD
Address:   1641 E CTY TK B
SUMMIT, WI 54836
DOB:   06/23/76 Dr Lic:    Phone:   
Height:   5'07" Weight:   190 Hair:   BRO Eyes:   BLU Race:   W Sex:   M Age:   42

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Narrative
Officer:  MAHLEN C - 4262 Page 1 of Narrative

VIDEO RECORDING:
MVR/BC/PHOTO

SYNOPSIS:
Jeremy Browen was arrested on charges of WI SS 940.19(1) Battery, WI SS 943.01(1)
Criminal Damage to Property, and WI SS 947.01(1) Disorderly Conduct. Adam Johnson
was also arrested for WI SS 947.01 Disorderly Conduct. The two instigated a fight at
1812 Iowa Ave. Jimmy's Saloon with Keith Kern and Craig Sutherland. Browen
reportedly damaged an estimated $750 worth of Jimmy's Saloon property and struck
Keith Kern in the face. Both Browen and Johnson were yelling profanity at bar
patrons and caused a public disturbance.

NARRATIVE:
On 08/08/2018 at approximately 0056 hours I, Officer Mahlen, along with Officers
Jago and Marchiori responded to 1812 Iowa Ave. (Jimmy's Saloon) for the report of a
fight. I was operating unmarked squad #41 and all officers were dressed in full SPD
uniform.

En route dispatch advised something to the effect of, "Fight in front of bar,
unknown weapons."

I arrived on scene shortly after Officer Jago. I observed multiple people standing
in front of Jimmy's Saloon, I could hear people yelling and shouting on the
sidewalk.

I observed Officer Jago approaching two males who appeared aggravated and were
yelling toward the crowd of people located in front of Jimmy's. I immediately
requested bystanders remain in the area, so I could later interview them.

I approached the two subjects who were identified as the instigators of the fight by
Jimmy's Saloon bartender Kevin Kern. Officer Jago was giving commands for the two
subjects to backup and "have a seat" on the grass. I observed the two individuals
disregard Officer Jago's commands. I commanded one subject, later identified as
Jeremy Browen, to "Sit down!" Browen did not comply with my command. Officer
Marchiori and I assisted Browen into a kneeling position. Officer Marchiori placed
Browen in handcuffs (CF-DL.) Officer Marchiori and I then used two pairs of
handcuffs linked together to place the other male subject, identified verbally as
Adam Johnson, in handcuffs (CF-DL.)

Through training and experience, I could tell both Browen and Johnson were heavily
intoxicated. Both individuals were slurring their speech, smelled of intoxicants and
continually repeated themselves time and time again. Johnson initially refused to
identify himself, stating his name was "Adam why-am-I-being-detained." Both Officer
Marchiori and I advised Johnson multiple times he was being detained due to an
investigation into the fight.

Officer Jago advised there was probable cause to arrest Browen for criminal damage
to property. Officer Marchiori and I, Officer Mahlen, assisted Browen to his feet
and escorted him to unmarked squad #41. I searched Browen's pockets incident to
arrest. Browen uttered, "I can't believe this, I'll have to talk to the mayor about
this..."

08/14/18
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Browen requested my badge number and name. I advised Browen of my information,

"4262... Charlie Mahlen." Browen responded with, "Good, I need a know that. 'Cause
we're gonna have a talk." I did not know if this was intended as a threat or not. I
placed Browen in the rear passenger area of the unmarked squad. I ensured the rear
passenger MVR camera was activated in unmarked squad #41. I gathered Browen's
belongings and secured them in the squad.

Officer Jago and Officer Marchiori placed Johnson under arrest for Disorderly
Conduct. See Officer Jago's supplement for transport details.

I remained on scene to speak with witnesses. I made contact with a male identified
verbally as Kevin Michael Kern. Kevin is a bartender at Jimmy's. Kevin stated
something to the effect of, "They were fine (referring to Browen and Johnson)...
they started talking about union, uh, talking shit about my brother and Craig saying
that we are supposedly pieces of shit running, that we run Billings Park." Kevin
went on to describe how he requested the two to leave the bar by saying something to
the effect of, "...if you don't get the fuck out, I'm going to call the cops."
Kevin goes on to explain how Browen and Johnson left the bar for about 5 minutes,
then Browen and Johnson returned. Kevin said his brother Keith and Craig Sutherland
approached Browen and Johnson who were coming towards the bar yelling "Pussies!" and
other expletives.

Kevin stated Browen pulled/pushed Craig through the wooden railing in front of the
establishment, destroying the railing. I observed multiple exposed nails coming from
the wooden spindles of the railing. Kevin said Keith approached and tried to hold
back Browen from continuing to attack Craig. Kevin stated Keith was punched in the
face twice during his attempt. See Officer Jago's supplement for information
regarding the battery of Keith Kern.

I asked Kevin what else the two were yelling during the incident. Kevin stated
Johnson was calling everyone "Pussies and shit" and was attempting to keep Keith and
Kevin away from stopping Browen. Kevin stated there was no consent for the damage
to the railing. Kevin estimated the damage was worth approximately $750.

I spoke with another witness identified verbally as James Theodore Olaf. Olaf stated
Browen and Johnson were embarrassing "unions" by acting the way they were. Olaf
said he observed the "guy in the blue shirt smack him in the side of the head"
(Browen was wearing a blue shirt.) Olaf went on to explain how the two became
separated but Browen went after Keith again. Olaf said Browen pushed Keith against a
"No Parking" sign. I observed the sign was bent toward the street and off center.

Keith advised he would like both Browen and Johnson banned from Jimmy's saloon.

Kevin also advised the two have a bar tab of $27.50 plus a tip.

CHARGES:
Given Browen striking Keith with a closed fist, causing pain, without consent, I
recommend Browen be charged with WI SS 94.19(1) Battery. During the incident Browen
pulled Craig Sutherland through the railing attached to Jimmy's. No representative
of Jimmy's consented to Browen causing damage to the property estimated to cost
$750. Given this I recommend Browen be charged with WI SS 943.01(1) Criminal Damage
to Property. Browen's use of profane language and boisterousness caused a
disturbance, I recommend Browen be charged with WI SS 947.01(1) Disorderly Conduct.

08/14/18
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According to parties present for the incident Johnson was using boisterous and
profane language which added to the disturbance. Additionally, according to
witnesses, Johnson attempted to stop Keith and Kevin from protecting Craig during
the incident.

I have no further information at this time.

Officer:
MAHLEN #4262

08/14/18
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Supplement
Officer:  JAGO B - 4174 Supplement number:  18SP11509-1
Date:  02:49:40 08/08/18 Page 1 of Supplement

BC MVR
Transport of Adam Troy Johnson

Narrative:
On 8/8/2018 at approximately 00:56 hours, I, Ofc. Jago, responded to the report of a
fight-in-progress at 1812 Iowa Ave; Jimmy's Saloon. I responded to assist Ofc.
Mahlen and Ofc. Marchiori, who were en route.

I arrived first, and observed a group of approximately ten people in front of the
bar. I observed a broken wooden fence in front of the bar, and two males, later
identified as Adam Troy Johnson and Jeremy Richard Browen, walking away southbound
on the sidewalk.

A male ran up to me and identified himself as the bar tender. He told me the two
males walking away had been asked to leave the bar earlier and refused. They had
been instigating a fight, and had caused property damage and had caused a
disturbance.

I yelled for Browen and Johnson to stop, and they did. I told them to sit on the
ground, and Johnson complied, but Browen did not. Ofc. Marchiori and Ofc. Mahlen
arrived and put Browen in to handcuffs and told him he was detained. They then
handcuffed and detained Johnson.

I then spoke to Craig James Sutherland, who was in the bar at the time of the fight.
He told me he had come outside the bar after the two males had finally left, and he
was trying to calm them down and get them to leave. Sutherland told me Browen then
pushed Sutherland into a wood railing outside the bar, causing it to break.

I then spoke to Keith Joseph Kern. Kern, who works at the bar also, told me he had
attempted to kick Browen and Johnson out of the bar earlier in the night because
they were causing a disturbance, talking about unions and badgering customers who
worked in non-union construction jobs.

Kern said he told them to leave again, and began escorting them out when Browen
turned and punched him in the face with a closed fist. Kern told me this caused him
pain, and he did not give Browen permission to punch him.

Both Kern and Sutherland told me both Browen and Johnson were calling them
"Pussies", and continually used profanity toward them as they were being removed
from the bar.

Ofc. Mahlen stayed behind to interview more witnesses, and Ofc. Marchiori and I
began transported the pair to jail. Ofc. Marchiori transported Browen, while I
transported Johnson.

Upon arriving at the jail, Johnson complained to me about his handcuffs hurting. I
had him step out of the car, and I adjusted his handcuffs and removed his wrist
watch to make the handcuffs more comfortable.

While we waited for our turn for booking, Johnson tried numerous times to engage me
in conversation about unions.

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After it was our turn, I escorted him in to booking. In booking, Johnson was
uncooperative with jail staff, even refusing to answer their medical questions.

I have nothing further at this time.

Jago/ 4174

08/14/18
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Supplement
Officer:  BACH MR - 930 Supplement number:  18SP11509-2
Date:  11:27:25 08/09/18 Page 1 of Supplement

Supplement Title: Dan Fields Interview

Narrative:

On 08/09/2018, I spoke with Dan Fields at Jimmy's Saloon. I was told that Dan was
possibly a witness to this incident.

Fields told me that, prior to the incident at Jimmy's, he had been at Charlie
Brown's bar, and that Adam Johnson and Jeremy Browen were there. Fields did not
know either of them by name but through his description of events, it was obvious
that he was referring to Johnson and Browen. Fields stated that one of the males was
talking loudly about unions and how he would rather tip the bartenders at Charlie
Brown's than give his money to Jimmy's. Fields did not recall the exact wording,
but stated that the male made several disparaging remarks about the staff/ownership
of Jimmy's.

Fields stated that it was one of the males that was doing most of the talking.
Fields could only describe him as "the younger guy."

Fields stated that he went to Jimmy's and ordered a pizza, and while he was waiting
for the pizza, Johnson and Browen came into Jimmy's. Fields told me that it was
apparent to him that the males were "looking for trouble" by going to Jimmy's after
what he had heard at Charlie Brown's. Fields stated that when his pizza came, he
took it and left, and that he did not witness any part of the physical
confrontation.

EOR-Michael Bach

08/14/18
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Supplement
Officer:  BACH MR - 930 Supplement number:  18SP11509-3
Date:  09:32:45 08/10/18 Page 1 of Supplement

Supplement Title: James Olaf Interview

Narrative:

On 08/09/2018, I spoke with James Olaf by telephone regarding this incident. Olaf
stated that he arrived at Jimmy's shortly after 2300 hrs, and that Browen and
Johnson were already there, sitting at the bar. Olaf did not know either Browen or
Johnson, but described one as wearing a blue shirt and having a scratch or scar on
his forehead(Browen) and the other as wearing a plaid shirt(Johnson).

Olaf stated that there was no problems initially, but after a while Browen and
Johnson started becoming louder and more confrontational. Olaf stated that they
began yelling at Craig Sutherland and Keith Kern, regarding union issues. Olaf
stated that they were also hassling Kevin Kern, who was bartending at the time,
because he also works for Anderson-Hammock, doing non-union carpentry.

Olaf stated that Keith Kern told Browen and Johnson to leave, but they refused.
Olaf stated that he was able to convince them to leave and they did. Olaf stated
that Browen and Johnson walked down towards Charlie Browns when they left. Olaf
stated that they came back approximately 5 minutes later and were outside yelling.
Olaf saw Sutherland and Keith Kern go outside and tell Browen and Johnson to leave,
but they did not.

Olaf did not see the first part of the physical confrontation, but described hearing
a loud crash, which was likely Sutherland being pushed through the front railing of
the business. When Olaf went outside, he observed Browen punch Keith Kern in the
head, followed buy the two going to the ground. Olaf remembered Browen being on top
of Kern. Olaf stated that after the two were separated, he observed Browen push Kern
into a street or parking sign. Olaf said that Kern was pushed into the sign with
enough force that it bent the sign. Olaf stated that SPD squads arrived on the scene
at that time.

EOR-Michael Bach

08/14/18
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Supplement
Officer:  BACH MR - 930 Supplement number:  18SP11509-4
Date:  12:12:02 08/10/18 Page 1 of Supplement

Supplement Title: Hannah Norlin interview

Narrative:

On 08/10/2018, I spoke with Hannah Norlin by phone regarding this incident. Norlin
stated that she was at Jimmy's with Craig Sutherland. Norlin told me that she is not
from the area and does not know the people involved, other than Craig Sutherland.

Norlin stated that "the two guys", meaning Browen and Johnson, were sitting at the
middle of the bar. Norlin stated that they started talking loudly about "Unions and
votes", and were "harassing" the bartender(Kevin Kern). Norlin stated that they were
also yelling at Sutherland and Keith Kern. Norlin stated that the bartender asked
them to leave several times, but they initially refused. Norlin stated that they
eventually left and went to the bar down the street.

Norlin stated that approximately five minutes later, the men came back and were
standing outside yelling. Norlin stated that Sutherland and Keith Kern went outside
and were trying to get them leave, but they refused. Norlin stated Sutherland was
trying to diffuse the situation, but was unsuccessful. Norlin stated that she then
saw one of the men (Browen) push Sutherland through the railing and the two went to
the ground. Norlin stated that Browen was talking about hitting Sutherland more, so
she punched the male twice to keep him off Sutherland. This was moments before the
arrival of SPD squads.

Norlin had no further information.

EOR-Michael Bach

08/14/18
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Supplement
Officer:  BACH MR - 930 Supplement number:  18SP11509-5
Date:  12:39:57 08/10/18 Page 1 of Supplement

Supplement Title: Tylor Elm Interview

Narrative:

On 08/10/2018, I spoke, in person, to Tylor Elm, regarding this incident. Elm told
me that he was not present for any of the altercation at Jimmy's Saloon. He did tell
me that he had a brief interaction with Browen and Johnson after the City Council
meeting that night. Elm is a member of the City Council. Elm told me that he is
acquainted with both men from past interactions regarding the bidding process for
construction of the new fire station in Superior. Elm told me that Browen and
Johnson are unhappy with KBK Services being selected to work on the project., as
they are non-union. Elm told me that he called Browen after KBK was awarded the
work, but Browen would not return his calls.

Elm stated that Browen and Johnson were both present for the City Council meeting on
8/7/2108. Elm stated he was a little surprised, as nothing on the agenda had to do
with the issues in contention with Browen and Johnson. Elm stated that there were no
problems during the meeting.

Elm told me that after the meeting, Browen and Johnson were outside talking to City
Councilor Van Sickle, and that the talk appeared to be civil. Elm stated that, while
he was present, the talk turned to KBK Services, and Browen became very loud and
was using profanity. Elm told me that Browen stated something to the effect of, "We
are going to start naming names." Elm stated that Browen's demeanor felt
threatening, and that he felt as though Browen was attempting to "bully" him. Elm
left at this point.

Elm had no further information.

EOR-Michael Bach

08/14/18
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Supplement
Officer:  BACH MR - 930 Supplement number:  18SP11509-6
Date:  09:37:31 08/13/18 Page 1 of Supplement

Supplement Title: Emily Lefcowitz Interview

Narrative:

On 08/10/2018, I interviewed Emily Lefcowitz regarding this incident. Lefcowitz is

dating Keith Kern.

Lefcowitz told me that she had been present at the Superior City Council meeting
earlier in the evening. Lefcowitz stated that Browen and Johnson were at the meeting
and "were making their presence known." When I asked her what she meant by that,
Lefcowitz told me that they were cheering and clapping overly loud during
discussions regarding the new ATV/UTV trail ordinance that was being discussed.
Lefcowitz stated that Browen and Johnson were clapping and being loud whenever
someone would speak against the ordinance, which is supported by both Councilor's
Kern and Sutherland.

Lefcowitz stated that she encountered Browen and Johnson again at Jimmy's bar, later
in the night when she and Keith Kern went there. Lefcowitz stated that Browen and
Johnson were harassing the bartender, Kevin Kern, because of his employment as a
non-union carpenter. Lefcowit

Officer:

08/14/18
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Supplement
Officer:  BACH MR - 930 Supplement number:  18SP11509-7
Date:  09:41:41 08/13/18 Page 1 of Supplement

Supplement Title: Keith Kern Interview

Narrative:

On 08/09/2018, I interviewed Keith Kern in person regarding this incident. Kern told
me that he had known Jeremy Browen previous to the incident, but did not know Adam
Johnson. Kern is familiar with Browen through Kern's position on the Superior City
Council and Browen's position in the carpenter's union. Kern told me that Browen was
upset over the City Council's vote to allow KBK Services to perform work on the
new Superior Fire Dept fire station that is under construction.

Kern told me that he had noticed Browen and Johnson at the City Council meeting on
08/07/18. Kern told me that he found it odd that they were there, as there wasn't
anything on the meeting agenda that would pertain to Browen's position, and Kern did
not think that anything at the meeting would particularly interest Browen. Kern
told me that both he and Craig Sutherland have been supportive of the ATV/UTV trail
ordinance that was discussed at that meeting. Kern stated that, during that
discussion during the meeting, whenever a member of the public would express
opposition to the ordinance, Browen and Johnson would loudly applaud the opposition.
Kern also stated that he received a text message gif/emoji from Browen during the
meeting, of a "thumbs up." Kern told me that he didn't know what Browen meant by the
message, so he sent a return text to Browen, asking what it meant. Browen never
responded. Kern showed me his phone, and made a printed copy of the message. At the
time, Kern had not spoken to Browen by text message since Jan 25,2018.

Kern told me that later in the evening, he went to Jimmy's with his girlfriend,
Emily Lefcowitz. He stated that they were sitting at the east end of the bar. Kern
stated that Browen and Johnson showed up some time later, and sat at the middle of
the bar. Kern stated that things were civil initially. Kern stated that Browen buy
him several beers, but he declined them. Kern stated that Browen and Johnson were
constantly hassling the bartender, Kevin Kern, because he does non-union carpentry.
Kern stated that after a while, Browen and Johnson became unpleasant and began
swearing loudly and calling Kern and Sutherland(who was also in the bar) "pussies"
and "losers" and other names. Kern stated that he and Kevin Kern both told Browen
and Johnson to leave several times, but they would not. After several minutes of
continued insults, bar patron James Olaf was able to convince them to leave.

Kern stated that the two left for approximately five minutes, but then returned and
stood outside, yelling more insults through an open window. Kern stated that Craig
Sutherland went outside to tell them to leave again. Kern stated that he observed
Browen push Sutherland though the railing outside and he ran outside. Kern stated
that he tried to pull Browen off of Sutherland, who was on the ground, but Johnson
held him back. Kern stated that Kevin Kern had also come outside to break it up, and
Browen attempted to punch him, but missed. Kern stated that Browen then attempted
to punch him in the head. Kern stated that he believes he partially ducked the blow,
but remembers Browen making contact with his face. Kern stated that the two went to
the ground, and Browen had him in a headlock, but he was able to break free. Kern
stated that as he got up, Browen pushed him into a street sign, causing the signpost
to bend. Kern told me that during the whole physical confrontation, he did not
strike anyone and did not fight back. Kern also stated that he never gave anyone
consent to strike him or push him into the street sign.

08/14/18
Report for 18SP11509 Page 16 of 19

At the time I spoke to Kern, he stated that he had a little soreness above his right
eye. He told me that he had attempted to take pictures of the area above his left
eye, but there was not any visible marks. Kern also stated that his lower back was
somewhat sore after the confrontation.

On 08/10/2018, I went to Jimmy's to collect Kern's written statement. At that time,

Kern told me that his back had become progressively more sore, and that he also had
some pain in his neck. Kern told me that he had gone to Essentia Hospital in
Superior to be looked at earlier in the day. I collected Kern's statement and had
him sign a medical release form.

EOR-Michael Bach

08/14/18
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Supplement
Officer:  BACH MR - 930 Supplement number:  18SP11509-8
Date:  11:51:46 08/13/18 Page 1 of Supplement

Supplement Title: Craig Sutherland interview

Narrative:

On 08/09/2018, I spoke with Craig Sutherland regarding this incident. Sutherland

is a member of the Superior City Council and was familiar with Jeremy Browen from
past interactions regarding the bidding of work for the new Superior Fire Department
fire station. Sutherland says Browen is upset with the fact that the council voted
to award work to KBK Services. Sutherland stated that he had recused himself from
the process and did not even vote.

Sutherland told me that Browen and Johnson were at the 08/07/2018 City Council
meeting and were loudly applauding opposition to the proposed ATV/UTV trail
ordinance. Sutherland felt as though this loud opposition was directed at himself
and Councilor Keith Kern, both who are supporters of the ordinance. Sutherland also
told me that he received a text message from Browen during the meeting. The message
was a "thumbs up" gif/emoji. Browen sent the same message to Keith Kern during the
meeting. Sutherland told me that he did not understand what the intended meaning of
the message was.

Sutherland told me that he went to Jimmy's Saloon later in the evening with Hannah
Norlin. Sutherland told me that Browen and Johnson arrived at the bar after he did,
and they sat at the middle of the bar. Sutherland stated that Browen and Johnson
began harassing the bartender, Kevin Kern, because he does non-union carpentry.
Sutherland told me that Browen and Johnson were confrontational with him and Keith
kern regarding the union issues involving the City Council, and that Browen and
Johnson also began calling him and Keith Kern "Pussies" and other unfavorable names.
Sutherland stated that Kevin Kern and Keith Kern both told Browen and Johnson to
leave several times, but they wouldn't. Sutherland stated that they eventually left,
and walked down toward Charlie Brown's.

Sutherland stated that, approximately 5 minutes later, Browen and Johnson returned.
Sutherland stated that they were yelling though an open window, continuing to call
him and Keith Kern vulgar names. Sutherland told me that he went outside to try to
convince them to leave again. Sutherland stated that he was standing on the building
side of one of the wooden railings outside the bar, and Browen and Johnson were on
the sidewalk side. Sutherland stated that they had a heated conversation for several
minutes, which ended with Browen putting his hand in Sutherland's face. Sutherland
stated he pushed both men back, away from him, them Browen walked around the railing
and pushed him through the railing, causing the railing to break, and Sutherland to
fall to the ground on top of it.

Sutherland sustained scratches and abrasions on his back, right arm, and right
shoulder. Sutherland did not give Jeremy Browen consent to push him into the
railing. Sutherland took photos of his injuries and emailed them to me. Sutherland
completed a written statement, which I collected on 08/13/2018.

EOR-Michael Bach

08/14/18
Report for 18SP11509 Page 18 of 19

Supplement
Officer:  BACH MR - 930 Supplement number:  18SP11509-9
Date:  14:00:45 08/13/18 Page 1 of Supplement

Supplement Title: Kevin Kern Statement

Narrative:

On 08/10/2018, I spoke with Kevin Kern regarding this incident. Kevin was working as
a bartender at Jimmy's Saloon at the time it occurred.

Kevin stated that Browen and Johnson came into the bar around midnight. Kevin did
not know either Browen or Johnson at the time, and told me that he does not recall
ever seeing either at Jimmy's in the past. Kern stated that they "seemed like a
couple of nice guys" at first. Kevin stated that Browen asked him why he worked at a
"shit hole" bar with a "piece of shit" owner. Kevin stated that he replied that it
was a family business. When Browen replied that Charlie Brown's is a family business
too, Kevin clarified that Jimmy's is his family's bar. Browen asked Kevin if he is
a Kern, and when Kevin replied that he is, Browen told Kevin that he will be a
loser his entire life. Kevin told me that he tried to calm the situation by telling
Browen that he just works part time at the bar, and that he has a full time job
working for Anderson-Hammack construction. Kevin stated that upon hearing that,
Browen told him that he had just been at Anderson-Hammack earlier that day, trying
to get them to join the union. Kevin stated that Browen continued to badger him
about unions, and told him that he should join the union or he would never amount to
anything. Kevin stated that Browen continued on that line of talk for several
minutes, when Craig Sutherland told Browen to stop hassling Kevin. Kevin stated that
Browen began yelling at Sutherland, at which time Kevin told Browen to leave the
bar. Browen refused, and Kevin stated that if Browen and Johnson did not leave, he
would call the police. Kevin told me that Browen responded, "Go ahead, we know
people higher up than you" and made a comment about "having the police in his
pocket."

Kevin stated that after several more minutes of Browen hassling him, as well as
Sutherland and Keith Kern, who were seated at the end of the bar, customer Jim Olaf
talked Browen and Johnson into leaving. Kevin stated that a few minutes later, he
heard Browen and Johnson outside yelling in the window, calling him, Sutherland, and
Keith Kern "pussies and pieces of shit." Kevin stated that he went outside to tell
them to leave, and Sutherland followed suit. Kevin went back inside, and a short
time later heard a loud crashing noise. He stated that he found Sutherland on the
ground, with Browen on top of him. Kevin stated that he attempted to pull Browen off
of Sutherland, but Johnson grabbed him from behind and stated, "Let him kick his
ass." Kevin stated that he was able break free from Johnson and pulled Browen off of
Sutherland. Kevin stated that Browen then attempted to punch him in the face/head,
but missed completely. Kevin stated that Browen then punched Keith Kern, who was now
present. Kevin stated that Browen then put Keith Kern in a headlock and pushed him
into a street sign. Kevin believed Browen still had Keith Kern in a headlock when he
pushed him into the sign. Kevin stated that Browen and Keith Kern were then rolling
around on the sidewalk, and that he was able to pull Browen off of Keith. Kevin
stated that he told Browen and Johnson that the police were on the way, and that
they better not try to leave. Kevin stated that Browen replied, "It's ok, we know
the same people you do." Kevin stated that SPD squads arrived moments later.

08/14/18
Report for 18SP11509 Page 19 of 19

EOR-Michael Bach

08/14/18