Case 2024CF002403 Document 2 Filed 05-20-2024 Page 1 of 4

FILED
05-20-2024
Anna Maria Hodges
Clerk of Circuit Court
STATE OF WISCONSIN CIRCUIT COURT MILWAUKEE COUNTY
2024CF002403
STATE OF WISCONSIN DA Case No.: 2024ML008959 Honorable Jeffrey A.
Wagner-38
Plaintiff, Court Case No.:
Branch 38
vs.
CRIMINAL COMPLAINT
SCHUEFFNER, CLAY M
N5191 COUNTY ROAD G
SAINT CLOUD, WI 53079
DOB: 07/19/1999

Defendant(s). For Official Use

THE BELOW NAMED COMPLAINANT BEING DULY SWORN, ON INFORMATION AND BELIEF
STATES THAT:

Count 1: HOMICIDE BY NEGLIGENT OPERATION OF A VEHICLE

The above-named defendant on or about Friday, February 9, 2024, at West Wisconsin Avenue at North
103rd Street, in the City of Wauwatosa, Milwaukee County, Wisconsin, did cause the death of David H
Gau, another human being, by the negligent operation of a vehicle, contrary to sec. 940.10(1),
939.50(3)(g) Wis. Stats.

Upon conviction for this offense, a Class G Felony, the defendant may be fined not more than Twenty
Five Thousand Dollars ($25,000), or imprisoned not more than ten (10) years, or both.

And the Department shall revoke the defendant's operating privilege for one (1) year, and shall order
the defendant to submit alcohol assessment and if necessary, to comply with treatment as a condition
of reinstatement.

Probable Cause:

Complainant is a law enforcement officer employed by the Wauwatosa Police Department. Complainant
bases this complaint on information contained in official police reports prepared by fellow members of
that department, as well as on the statements of fellow law enforcement officials and members of the
Milwaukee County Medical Examiner’s Office. Based on that information, Complainant states as
follows:

Scene Response:

At approximately 1:45pm on Friday, February 9th, 2024, members of the Wauwatosa Police Department
were dispatched to W. Wisconsin Avenue at N. 103rd Street, in the City of Wauwatosa, Milwaukee
County, Wisconsin to a crash involving a motor vehicle and a pedestrian. Police Officer Kelsey
Pentimalli arrived first on scene and located David H Gau (DOB 11/8/1930) laying in the street, injured.
Gau was identified by his ID card which was in his pocket. Officer Pentimalli attempted life-saving
measures on Gau until medical personnel responded. Gau ultimately succumbed to his injuries and
was pronounced deceased at 1:56pm.

Patrol Specialist (PS) Ralph Salyers also responded to the scene, arriving slightly after Officer
Pentimalli. Officer Salyers observed Gau laying in the road, on the south side of W. Wisconsin Avenue.
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PS Salyers Also observed a blue GMC Sierra pickup truck on scene, facing east, with significant
damage to the front passenger’s side. Gau’s walker was also laying near the curb. Also on scene was
the above-named Defendant, Clay M Schueffner.

PS Bryan Wade spoke to the Defendant on scene. The Defendant stated that he works construction
and was working near Froedtert Hospital (which is only approximately 1 mile away from the scene of
the crash). The Defendant stated he was driving eastbound on Wisconsin Avenue (in the blue GMC
Sierra). The Defendant stated he looked at his speedometer and saw he was going 42 mph, and he
thought he better slow down because the speed limit is 35 mph. The Defendant stated he then looked
at the GPS on his cell phone, which he keeps mounted to the air vent on his dashboard. The Defendant
stated that between looking at the speedometer and his GPS, he was looking down for approximately 4
seconds, at which time he looked back up and saw Gau and had no time to react, then he struck Gau.
The Defendant stated he slammed on the brakes and stood by with Gau, as other people were already
calling 911. PS Wade obtained the Defendant’s two cell phones, a dark grey Apple iPhone with a clear
case, and a black Apple iPhone with an “Otterbox” case.

Officer Ricardo Lozano responded to the scene and spoke to DKW who provided the following
information: DKW was walking on Wisconsin Avenue and briefly spoke to Gau prior to Gau being
struck. DKW then continued walking eastbound and then heard tires screeching, then he turned around
and saw Gau’s body “fly” through the air and land in the road. DKW then saw the driver (the Defendant)
pull over and state “I looked down at my speedometer.”

Officer Lozano also spoke to ZSD who provided the following information: ZSD was driving westbound
on Wisconsin Avenue and observed Gau walk northbound into Wisconsin Avenue. ZSD then observed
the Defendant’s truck strike Gau, causing Gau to flip and land on the ground. ZSD stated that the driver
(the Defendant) exited the truck after striking Gau and said “I was looking at an address and didn’t see
him.”

Autopsy:

Complainant knows that Gau’s body was transported to the Milwaukee County Medical Examiner’s
Office, where an autopsy was conducted by Dr. Lauren Decker, a licensed physician employed by that
office. Complainant has reviewed the findings of Dr. Decker’s autopsy and Complainant knows that
Gau’s cause of death was from multiple blunt force injuries as a result of being struck by a motor
vehicle, as described above.

Surveillance Video:

PS Salyers reviewed video that was recovered by Police Officer Manvider Singh. The video is from St.
Camillus (a living facility located at 10101 W. Wisconsin Avenue). The video camera is at the northwest
side of the facility and captures W. Wisconsin Avenue, including the 10300 block of W. Wisconsin
Avenue, where Gau was struck. PS Salyers reviewed that video and observed the following: Gau is
seen walking on the southern sidewalk and reaches N. 103rd Street, and appears to be attempting to
cross W. Wisconsin Avenue, northbound. Gau appears to wait until traffic is clear and it is safe to cross,
then begins to walk northbound. As Gau gets closer to the center line, the Defendant’s blue GMC truck
appears on video traveling eastbound. Gau appears to attempt to hurry across the street, while the
GMC maintains speed and does not swerve to avoid Gau nor does it appear there was any attempt to
brake the vehicle, before the vehicle strikes Gau, propelling Gau into the air momentarily. Gau then
lands on the street and slides out of camera view. The Defendant’s vehicle appears to immediately stop
after the collision and maneuver to the side of the road. The Defendant then exits the blue GMC truck
and walk towards Gau, out of camera view.
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Phone Downloads:

Detective Bradley Isaacson reviewed downloads of the two Apple iPhones. The black iPhone with the
“Otterbox” case contained location information and speed data. Complainant knows, as both phones
were inside the Defendant’s blue GMC truck at the time of the incident, that the location and speed data
from this iPhone would accurately represent the location and speed of the vehicle itself. Detective
Isaacson reviewed that data and observed that time was 1:40:19pm when the location of the phone at
the point of impact with Gau. At one second prior to this point (one second prior to the vehicle striking
Gau), the phone was traveling at 41mph, eastbound on Wisconsin Avenue, and at the point of impact
with Gau, the phone was traveling at 38mph (the speed limit at this location is 35mph). One second
after impact, the phone slowed to 24mph, and then by 1:40:24 (five seconds after impact) the phone
was not moving, consistent with the Defendant having stopped the vehicle. The download also showed
which applications were being used on the phone at the time of the crash. This showed that the
Defendant had his “Spotify” application running, messages, and “Apple Maps.”

Detective Isaacson also reviewed the download of the dark gray iPhone with the clear case. This
download showed that at the time of the crash, the Defendant’s “Snapchat” application was being
used. Complainant knows that “Snapchat” is an instant messaging application that allows users to
share messages and/or photographs or videos with other users, which are typically only viewable for a
brief period of time. The download showed that the Defendant’s phone created three images (on
Snapchat), which are three different “selfie” images of the Defendant sitting in the driver’s seat of his
vehicle. The image was sent to three other Snapchat users at 1:39:53pm, 1:39:57pm, and 1:40:00pm
respectively. It should be noted that at the time these photos were taken, and sent, the location and
speed information of his other phone (the black iPhone) demonstrate that the Defendant’s vehicle was
in motion. Subsequently, at 1:40:18pm (one second before the Defendant struck Gau), a Snapchat
video was opened/viewed by the Defendant. The download of this phone also shows the phone
screen was unlocked at 1:39:38pm, and remained unlocked until 1:40:21pm (two seconds after Gau
was struck).

In sum, Complainant states that the phone download information shows that at the time Gau was
struck, the Defendant was viewing a Snapchat video on his phone. Complainant notes this is
consistent with the video footage of the incident—the Defendant’s vehicle strikes Gau without taking
any evasive action and without braking prior to striking Gau, consistent with the Defendant looking at
Snapchat on his phone and not looking at the road in front of him. At no point in the Defendant’s
statements to police did he mention that he was utilizing his other phone or utilizing Snapchat.

****End of Complaint****

Electronic Filing Notice:

This case was electronically filed with the Milwaukee County Clerk of Circuit Court office. The electronic filing system is
designed to allow for fast, reliable exchange of documents in court cases. Parties who register as electronic parties can file,
receive and view documents online through the court electronic filing website. A document filed electronically has the same
legal effect as a document filed by traditional means. You may also register as an electronic party by following the instructions
found at http://efiling.wicourts.gov/ and may withdraw as an electronic party at any time. There is a $ 20.00 fee to register as
an electronic party. If you are not represented by an attorney and would like to register an electronic party, you will need to
contact the Clerk of Circuit Court office at 414-278-4120. Unless you register as an electronic party, you will be served with
traditional paper documents by other parties and by the court. You must file and serve traditional paper documents.
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Criminal Complaint prepared by Ian Vance-Curzan.

ADA Assigned Email Address: [email protected]

Subscribed and sworn to before me on 05/20/24 Electronically Signed By:

Electronically Signed By: Detective Ryan Cepican
Ian Vance-Curzan Complainant
Assistant District Attorney
State Bar #: 1092906