Shooting over stolen Xbox; Milwaukee man gets probation

Anthony Erby

A Milwaukee man was sentenced on Friday, Nov. 18, to three years of probation for a shooting in a Walmart parking lot over a stolen Xbox that took place in March.

Anthony Erby, 19, pleaded guilty in August to second-degree recklessly endangering safety. One count of second-degree reckless injury was dismissed as a part of a plea deal.

According to a criminal complaint, police spoke with a shooting victim at Froedtert Hospital who suffered a single gunshot wound to the head. The victim said he was a passenger in a car that had made a stop at the Walmart near 63rd and Brown Deer for a Facebook Marketplace exchange. 

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According to the victim, the driver of the car was talking to an "Anthony T. Erby" on Marketplace about purchasing an Xbox from him.

When Erby and the two in the car met in the parking lot of Walmart, the driver of the car took the Xbox without paying Erby and drove off, the complaint said. That's when prosecutors said Erby fired the gun. The rear car window was shattered, and there was a bullet hole in the lower tailgate.

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Walmart video surveillance the shooting, per the complaint. Prosecutors said it also showed Erby get back into his car and drive off afterward.

Court records indicate Erby is to serve four months of his probation in the Milwaukee County House of Correction. Initially, the judge had sentenced him to three years in prison, but stayed that sentence in favor of probation.