Former Milwaukee police officer pleads guilty to falsifying records in jail inmate death case

A second former Milwaukee police officer has pleaded guilty to falsifying records in connection to the 2022 death of Keishon D. Thomas, who was in custody for 16 hours before he was found unresponsive in his holding cell.

Marco A. Lopez pleaded guilty Friday to one felony count of falsifying records and three misdemeanors for attempts of falsifying records.

Lopez was required to make visible cell checks every 15 minutes while Thomas was in custody. He missed 10 during a nearly 16-hour period. Lopez falsified records by indicating he had made all the checks to Thomas' cell. Surveillance footage showed Lopez painting, watching videos on a computer and checking his cellphone, according to court records.

As part of his plea, he received two years of probation, 100 hours of mandatory community service and can no longer be a police officer.

If the former police officer completes the terms of his plea deal, the felony charge against him will be dropped.

Lopez, 41, is the second officer to be convicted in the death of Thomas, who was in custody at Milwaukee’s District 5 police station, 2920 N. Phillips Ave.

After Lopez’s shift finished, another officer took over and found Thomas in need of medical assistance. An autopsy showed he died of acute mixed drug intoxication. He was remembered as a happy and outgoing caretaker to a large family.

In a statement read during the sentencing hearing, Lopez said that he and his family were saddened by Thomas' death and that they were praying for his family. He said he accepted responsibility for his actions, but reiterated he did not know of Thomas' health status.

"Had I known, I would have made sure that he would have gotten the medical attention he needed," Lopez said. "I recognize and accept responsibility that on February 23, 2022, I did not carry out my duties to the best of my abilities."

At the hearing prosecutor Nicolas Heitman and defense attorney Michael Hart said they came to an agreement on the deal around the fact that Lopez was not given information on Thomas' state before his shift and his prior strong record as a police officer.

Heitman said that Lopez's sentence balances those factors with his failure to check on Thomas during his shift.

"There's no direct information that officer Lopez was provided that information," Heitman said. "At the same time, he lied multiple times on this form. Law enforcement officers can't do that and, in my opinion, remain a law enforcement officer ... that's a very appropriate consequence."

Heitman said that three misdemeanor charges — attempt to falsify records — were brought as part of the plea deal. However, he said that Lopez did falsify the records in each case.

The defense attorney described Lopez's lack of checks and falsification of records as a "failure of the system." He described it as a norm.

"That's a failure of the system. Mr. Lopez bears responsibility for his participation, but that's the system," Hart said. "He failed Mr. Thomas, and he failed the department, and he suffered a price for it."

Hart also contrasted Lopez's role with the other police officer charged, Donald Krueger, who he said had higher culpability in the incident than Lopez.

Milwaukee County Circuit Judge Kori Ashley said she found the idea of Lopez's actions being systemic "disturbing."

"Quite frankly, it's disturbing to me to hear how it's done ... which means perhaps you're not the only one doing this," she said. "It's very unfortunate that we're here for a situation that was completely in your control, when otherwise you've served the community."

After the sentencing, Mark Thomsen, the Thomas family's attorney and a partner at Gingras, Thomsen & Wachs LLP, said whether the family pursues a civil case depends on how the city responds to the incident and changes its policies.

"Today ends the criminal proceedings as it relates to the preventable death of Mr. Thomas. The family appreciates Mr. Lopez's honesty and integrity and accepting of accountability." he said. "We return now to chapter two and the question now before the city is whether the city will accept its responsibility. This is a policy that should have never been allowed to take place."

Lopez served 12 years for the Milwaukee Police Department and spent more than two years on full suspension. The department confirmed that Lopez resigned on April 16.

The other officer charged, Donald W. Krueger, 50, served 25 years with Milwaukee police and retired in November 2022, three months before the pair were charged in Thomas’ death.

Earlier this year, Krueger pleaded no contest to a felony count of misconduct in public office. He was ordered to pay a $5,000 fine but was not sentenced to serve probation or jail time.

“No contest” is a plea that allows a defendant to accept conviction without admitting guilt.

In February 2020, Thomas was pulled over on Milwaukee’s north side and arrested in connection with an outstanding warrant.

Court records said Thomas admitted to Krueger during the booking process that he ingested various narcotics. He told the officer he didn’t want to go to the hospital but was throwing up, dry heaving and sweating.

Krueger said he would call an ambulance but never did, records said. Instead, Thomas was placed in a holding cell and Lopez took over after Krueger’s shift ended. Krueger’s attorney later told the Journal Sentinel that Krueger was not given “complete and accurate information” about what Thomas consumed.

But during the sentencing hearing, Judge Ashley said Krueger had enough information to decide on his own to send Thomas to a hospital.

In 2021, Krueger was paid about $91,300 and Lopez was paid about $86,000, according to city salary records.

Two days after Thomas’ death, a friend of Thomas’, Darreon Parker-Bell, walked into the same police station and fired a gun multiple times after asking for information about Thomas.

Parker-Bell was found not guilty by reason of mental disease or defect in 2023. He was committed to the Wisconsin Department of Health Services for a period of 30 years.

Contact Elliot Hughes at elliot.hughes@jrn.com or 414-704-8958. Follow him on Twitter @elliothughes12.

This article originally appeared on Milwaukee Journal Sentinel: Former Milwaukee cop receives probation for false records in jail inmate's death