Milwaukee cop resigns as part of plea deal

A Milwaukee police officer resigned as part of a plea deal to resolve criminal charges that he kicked a handcuffed subject enough to break his nose, but he likely won’t go to jail.

Michael L. Gasser, 37, was charged, convicted and sentenced in the span of two days last month for the August 2017 assault on a driver who led police on a chase that ended in Franklin.

Gasser, a 10-year veteran of the department, pleaded guilty Sept. 7 before Milwaukee County Circuit Judge Kristy Yang to one count of battery and two counts of disorderly conduct, all misdemeanors. He was sentenced to 14 days of jail, with work release, as a condition of 18 months’ probation, but the jail time was left to the discretion of his probation officer. A complaint had been filed Sept. 6.

He was also fined $500, ordered to perform 20 hours of community service and write an apology to the victim, Rafael Rosales.

The case was first reported on the Wisconsin Justice Initiative blog.

Rosales was leading police on a lengthy, high-speed chase on South 27th Street on Aug. 4, 2017. Gasser and his partner joined in the chase but never radioed that fact to their station.

When Rosales, 25, was finally stopped and boxed in, he put up his hands and yelled, “I give up.” Franklin police dragged him out the passenger side window to the ground and handcuffed him. That’s when, Franklin officers said, Gasser appeared and kicked Rosales in the head.

An attorney from the state Department of Justice prosecuted the case.

In a victim impact statement to the court, Rosales wrote he’s still on pain medication for his facial injuries and has nightmares about Gasser attacking him and his family.

“I’m grateful this incident is not being overlooked,” he wrote. “Police brutality is getting out of control nowadays and I’m thankful I’m still on this earth.”

Rosales has filed a notice of claim against the City of Milwaukee over the incident, a precursor to a lawsuit.