A Black man was charged with killing a White Milwaukee lawyer in 2020 while on his bicycle. Now, Theodore Edgecomb is claiming that he acted in self-defense, according to the Milwaukee Journal Sentinel. He is also using the same expert who testified for Kyle Rittenhouse, the young White man who was found not guilty for killing two men in Kenosha, Wisconsin, per the newspaper.
Edgecomb faces a count of first-degree reckless homicide in the Sept. 22, 2020 shooting of Jason Cleereman, an immigration attorney and advocate. The prosecutors in the case are calling it a case of road rage. Edgecomb’s lawyers, however are calling that view false. They also claim that Cleereman was drunk, threatened to kill Edgecomb, had a knife in his pocket and said some racial slurs towards him before he was shot.
Since Rittenhouse was found not guilty for killing two men in Kenosha, Wisconsin, there have been several high-profile cases involving Black people claiming self-defense: Chrystul Kizer is doing so in Kenosha, Wisconsin for killing her alleged sex trafficker. Marc Wilson is claiming self-defense for trying to protect himself from White teens who he claims threatened him and his girlfriend and then there’s Edgecomb.
From The Milwaukee Journal Sentinel:
A representative of Cleereman’s family, Craig Matantuono, said they regret “having to respond in the public media to outrageous accusations and outright lies.” He called it “beyond offensive” to say Cleereman was threatening or used racist language.
“Mr. Edgecomb did not act in self-defense, and this is not a close case,” Mastantuono, a defense lawyer, said in a statement. He also said called comparisons to the Rittenhouse case, “in a blunt plea for racial equality,” misplace.
“Every case is unique and judged on its own facts. This is a clear case of Theodore Edgecomb’s one-sided violence, armed murder and flight from justice, one that a controversial verdict in another county does not justify.”
Edgecomb’s lawyers recently argued to decrease their client’s bail from $250,00 to $50,000. The trial is set to start on January 3rd, per the The Milwaukee Journal Sentinel.
The prosecutor in the case is Grant Huebner, who represents the state, and Edgecomb’s lawyer is Aneeq Ahmad, a defense lawyer in Milwaukee, and B’Ivory LaMarr.
From The Milwaukee Journal Sentinel:
According to records, Edgecomb was riding against traffic on Brady Street when he passed Cleereman, a passenger in a westbound car driven by his wife. She says she had to swerve and Cleereman yelled something at the cyclist.
While the couple was stopped at the light at North Humboldt Avenue, Edgecomb, who had turned around, rode up to the open passenger window and asked Cleereman if he had been talking to him.
After words were exchanged, Edgecomb punched Cleereman in the face, then rode away westbound on Brady. A few blocks later, video shows Edgecomb turn right onto the Holton Street bridge, followed a moment later by the Cleereman’s Subaru, which pulls over just behind Edgecomb, who has ridden up onto the sidewalk.
Video shows Cleereman exit the car and go aggressively toward Edgecomb, who fired one shot before exiting, with his bike, down the stairs to below the bridge.
The Cleeremans had been drinking at a bar, and Jason Cleereman’s blood-alcohol content was .12, and he also had THC in his system, according to court records.
After the shooting, Edgecomb fled the crime and eventually the state. Prosecutors think that shows that Edgecomb knew he was guilty, but Edgecomb’s lawyers say it should not matter since he admitted to the shooting. Jurors just have to conclude whether the shooting was justified, according to the Milwaukee Journal Sentinel.
But, Edgecomb’s lawyers want to ensure implicit bias does not play a part in the jurors decision. Although the demographic of the jury was not specified in this particular case, the race and ethnicity of a jury has always been a concern for Black defendants and victims.
From The Milwaukee Journal Sentinel:
“Of great concern is that Mr. Edgecomb, a young black man on a bicycle, may be viewed or seen with biases or prejudices from some members of the jury, who may find him fitting a stereotype or profile of a black man with a gun: a gangster, a punk, a gang-banger, a degenerate, or a thug,” the motion reads.
The defense has filed several letters in support of Edgecomb from his stepchildren, a Little League official and others, along with more than a dozen photos of him with his children in various contexts.
“To the contrary, Mr. Edgecomb has no prior felony convictions” the motion reads. “Coupled with the fact that the deceased in this case was a white male attorney, who was well-known within his community, the defense is concerned about racial biases and favoritism.
“What if the races of the parties were switched? Would that change how a juror feels about this case? Would the DA have even charged this case? These are questions for all of us to consider.”
According to The prosecution has character witnesses to go against any claims that Cleereman would be aggressive or use racial slurs. But, the defense does not want any character evidence allowed in court, claiming that Edgecomb will only testify about what happened the day of the shooting.
Looks like both sides came to an agreement on that front.
From The Milwaukee Journal Sentinel:
The defense says neither exception applies. Cleereman’s claimed words and actions “ could certainly be construed as racist or offensive conduct in the heat of the moment or in a fit of rage,” Edgecomb’s lawyers wrote, but Edgecomb does not claim Cleereman was generally racist or violent. Therefore, they argue, the judge should bar testimony about the victim’s character.
Edgecomb’s lawyers intend to use John D. Black, an officer, trainer and researcher on the use of force. This is interesting because it is the same expert that was used by lawyers defending Kyle Rittenhouse, according to Milwaukee Journal Sentinel.
Whether or not Black’s testimony will result in Edgecomb getting off like Rittenhouse, will be something we’ll have to wait and see.