99-year-old Milwaukee woman attacked, man accused heading to trial

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99-year-old woman attacked, man accused heading to trial

A man accused of breaking into a 99-year-old woman’s south side home last month in a drunken stupor and savagely beating the woman, that’s since prompted an internal investigation of emergency dispatch staff for an hours-long delayed police response, is heading to trial.

A man accused of breaking into a 99-year-old woman’s south side home last month in a drunken stupor and savagely beating the woman, that’s since prompted an internal investigation of emergency dispatch staff for an hours-long delayed police response, is heading to trial.

Last week, prosecutors charged Joseph Macias, 23, with one count each of felony battery to an elder person, 1st degree reckless injury, and burglary.

Joseph Macias

Court proceedings

What we know:

Macias was due to appear in court Friday, but he appeared by video and waived his right for a preliminary hearing in the case. During the hearing, prosecutors amended two of the three charges to include enhancers that increase the penalties for the victim being elderly. Macias pleaded not guilty to the charges and is due back in court before the trial judge this month.

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In court, Macias' attorney says his client's been getting threats in the jail.

"Mr. Macias has access to a tablet, and in that tablet he’s been receiving death threats and other aggravated types of contacts threatening him, but that did not influence his decision to waive the preliminary hearing," said defense attorney Michael Chernin.

Home invasion, delayed 911 response

The backstory:

Milwaukee police responded, after a series of 911 calls that spanned several hours, to a home near 14th and Cudahy, in a neighborhood just north of Layton Avenue, on the morning of July 27.

Court filings say an officer went in the back door and "immediately" found Macias, who said, "What the f*** you acting stupid for?" and, "You know I don't care about dying, right?"

In the other room, the officer could hear a woman – who Macias claimed was his grandmother, which she is not. Police found the 99-year-old woman covered in blood. The complaint said her eyes were swollen shut, and her mouth was so swollen she could hardly speak. Her arms were covered in cuts and bruises, and she was "only able to yell in agony" when asked where she was hurt. 

Court filings say video showed Macias in the woman’s driveway at around 4:45 am, and the victim’s LifeAlert system made the first 911 call at around 5:15 am. Police didn’t show up until around 8 a.m.

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In an interview with police, court filings say Macias said he didn’t remember what he’d done and wrote the woman an apology letter. 

Macias said he'd been "drinking heavily" at a bar with his cousin and another person, and he drove them home. The cousin told investigators Macias began drinking again, and when they woke up, they noticed Macias was gone but his phone and shoes were still there.

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The hours-long delay in police responding to the home has opened an internal investigation. The director of the City of Milwaukee's 911 call center admitted his team dropped the ball when they failed to dispatch resources to the battery-in-progress on the city's south side. Two call takers have been placed on administrative leave.

Macias remains jailed on $150,000 bond.

The Source: Information in this post comes from court records and the criminal complaint.

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