Probation plus jail time for Milwaukee man prosecutors say threatened to 'air out' polling place

Brandon Baker

MILWAUKEE COUNTY -- A Milwaukee man prosecutors said threatened to "air out" a polling place on Election Day in November 2018 was sentenced Monday, Sept. 9 to serve four years' probation and seven months' jail time in the House of Correction-- although his "time served" covered most of that.

Brandon Baker, 20, in July pleaded guilty to the following charges:

    He was sentenced to serve seven months in the House of Correction on each of the two misdemeanor carrying a concealed weapon convictions -- to be served concurrently, with credit for 202 days' time served.

    He was sentenced to one year and six months in prison, and two years' extended supervision on the THC conviction, but that sentence was stayed. He was instead placed on probation for three years, and ordered to serve 50 hours of community service.

    He was sentenced to two years in prison and two years' extended supervision on the psilocibin conviction, but that sentence was stayed, and he was placed on probation for four years -- to be served concurrently to the three-year probation sentence on the THC conviction.

    Baker in February was found competent to proceed in the case after he was ordered committed to the Wisconsin Department of Health Services in January.

    In the early hours of Nov. 6, 2018, police were called to 29th and Michigan for reports of multiple shots fired.

    Video from the scene showed Officer April Rivera began to speak with Baker.

    "What is that in your hand sir?" Officer Rivera asked.

    "An AR-15," Baker replied. "I'm not breaking the law. I am running for governor."

    "OK. Keep it up in the air, please," said Officer Rivera.

    She called for backup as Baker, in the video, ranted about running for governor. The officer saw another handgun in his waistband.

    "Everyone can have a gun. Militia! That's what we need to do. We need to organize a militia," said Baker.

    After figuring out his name, Officer Rivera worked to calm him.

    "What did you want to talk to us about sir? You have been very respectful and I do appreciate you keeping your hands up where I can see them," said Officer Rivera.

    Baker was honest about the weapons he had.

    "So you have three firearms on you?" Officer Rivera asked.

    "No. I have four," Baker responded.

    "You said vote for Brandon Daniel Baker?" Officer Rivera asked.

    Baker was then distracted enough for a police sergeant to take him to the ground.

    "I want you to be your boss' boss. Please vote for me. That's all I want to do is help people. I just don't want to get murdered," said Baker.

    Dozens of casings were found on the roof of the building, and police recovered four weapons and multiple magazines. Police said Baker claimed he was "going to the poll and air it out." He also told police he shot from the roof for publicity on Twitter.