"A very poor candidate for employment"

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By Robin Fuchs


Shortly before a judge sentenced Milwaukee police officer Joseph John Zawikowski for a criminal conviction as a repeat drunk driver, the prosecutor admonished the police department.


"Again, he is (sic) being an employee of a Police Department was an extremely aggravating factor here, but when I look at his record of past forfeitures, the Police Department should have been on notice that he was a very poor candidate for employment in the first place," Assistant District Attorney Nancy Ettenheim told the court.


But the officer, standing before the court a year ago in January, begged for understanding, saying, "I deeply regret my disrespectful, selfish, irresponsible actions...I take responsibility, full responsibility for these actions."

Zawikowski is one of several confirmed officers on the Milwaukee Police Department’s 2005 roster with OWI convictions. In the state of Wisconsin, driving while intoxicated is not a criminal offense until repeated.

Prosecutor describes threat

On Jan. 25, 2006, Zawikowski was convicted of a criminal misdemeanor for second-offense drunk driving. According to the sentencing transcript for the conviction:


Assistant District Attorney Ettenheim told the court that Zawikowski had been observed in the parking lot of a hospital at 14th and Oklahoma, driving around. He was stopped by a security guard there and asked for the name of a particular individual, whose name might or might not have been fictitious.


She said that his behavior toward the guard was "very hostile" and that he "in effect threatened the guard by telling him he was a Milwaukee Police Department employee, and he better not take any action, which, of course, the security guard disregarded altogether."


The security guard became alarmed and called Milwaukee police.


Shortly thereafter, the police stopped Zawikowski heading eastbound on the 1300 block of Oklahoma Ave. Police reported that Zawikowski had all the usual, extreme indicia of intoxication. The written police citation noted a strong odor of alcoholic beverage on his breath; glassy, bloodshot and far-looking unfocused eyes; extreme slurred speech; an inability to stand or walk without a large sway; and difficulty spelling his own last name.


The transcript continued that, according to Ettenheim:


Field sobriety tests were not conducted out of fear that Zawikowski was so intoxicated that conducting the test might endanger his safety. His blood alcohol concentration was found to be .215.


Ettenheim noted that:

• Zawikowski had been ticketed for underage drinking in Sheboygan in 2001, although the citation was dismissed.
• He was found guilty of a similar forfeiture in 2000 in Racine County.
• Zawikowski’s first OWI offense occurred on Nov. 25, 1999 in Racine County before he was hired. He was found guilty on Jan 17, 2000.

"There was a cluster of drinking related offenses, albeit civil, which should have been a very loud warning signal to the Milwaukee Police Department; and, frankly, they would have been best off passing on his candidacy at that time," the prosecutor told the court.

The prosecutor recommended 120 days in the House of Correction and a $600 fine.

Defense asks for leniency

Peter Ploetz, Zawikowski's attorney, said he was 25, a 1998 graduate of Cudahy High School, and a 2002 graduate of UW-Milwaukee with a degree in Social Welfare, according to the transcript.


He told the court that Zawikowski had been cooperative, was taking the matter seriously, and had sought counseling with good prognosis.


He'd also spent time tutoring students and serving as a role model at St. Josaphat parish school. The defense attorney asked the court to consider a term of 40 days in jail with release privileges for work.


Zawikowski told the judge that he had sought out treatment on his own. He said that he has admitted being an alcoholic and has "taken responsibility for my disease."


He told the court that he had turned to alcohol to cope after his uncle was murdered in Texas in 2005 as the victim of a home invasion robbery. He claimed that he only drank on his days off, and his life "spun out of control" with the incident.


"I am grateful that this has happened because it has led me to change my life," he said.


Zawikowski said his volunteer work with the children has been a great opportunity. "A lot of them are there on the Choice Program, and their parents are either unable to teach them at home or do not have the time to teach them at home, and I feel really great about the work I am there being able to spend time with them that I have right now and hopefully set a good example for them and maintain the importance of education."


He told the court that he had been suspended from the police force.


The Judge, Daniel Konkol, called it an "aggravating factor" for "someone that is to be upholding the law to be breaking the law in this fashion." He added, that the defendant "placed at risk many members of the community that came across his path while he was operating his vehicle while under the influence of an intoxicant, and again, particularly disturbing here is someone who, through their employment is supposed to be protecting the community, instead, he is putting the community at risk."


Taking into consideration Zawikowski’s young age, high education and employment, the court ruled that Zawikowski pay a $600 fine and serve 60 days at the Milwaukee County House of Corrections. Zawikowski was further sentenced to attend alcohol treatment. Zawikowski’s driving privileges were also revoked for 12 months, but he was granted Huber privilege for work.

The Milwaukee Police Department hired Zawikowski on Dec. 6, 2004. Zawikowski received a 15-day suspension from the department without pay for “a failure to conform and abide by the rules in effect.” A one-day suspension for intoxication came six days after his conviction.


He remained on the force and was last assigned to district 7. 

No comment

When reached by telephone, Zawikowski refused to comment citing the matters to be personal. When asked if someone else could speak on his behalf, Zawikowski said, “No…you know where I stand, and I don’t want to talk about it.”

Zawikowski’s defense attorney Peter Ploetz could not be reached for comment.

The lack of cooperation from all parties concerned in this investigation made the initial confirmation of Zawikowski’s employment extremely difficult. Confirmation was ultimately made through the sentencing transcript and personnel card.

Open Records requests were submitted to both the Fire and Police Commission and the Milwaukee Police Department in mid October. By law, an open records request must be responded to within 10 days.

The Milwaukee Police Department fulfilled a partial request on Nov. 21, or more than a month after the deadline. Meanwhile, the Fire and Police Commission did not fulfill a partial request until Dec.1.

Kari Kinnard, the executive director of the Wisconsin chapter of Mothers Against Drunk Driving, was caught off guard by the  investigative findings.

“It’s really disappointing that people who are entrusted with upholding the law are breaking it,” said Kinnard. “No one is above the law and as police officers they should be held to higher standards.”

While Kinnard found the news of Zawikowski’s case disappointing, she saw it as a springboard to greater activism.

“Drunk driving clearly knows no boundaries and it’s something we should deal with,” said Kinnard. “As a society, we have to look at the issue more seriously no matter who the offender.”

Kinnard suggested such initiatives as making the first offense OWI a crime in Wisconsin, ignition interlocking devices, sobriety checkpoints, treatment and earlier education on making healthy choices.

“We [MADD] can’t tell an agency like the police department how to run it,” said Kinnard. “They have standard procedures and they should follow them.”

Kinnard expressed that it is a difficult situation to criticize because citizens don’t have the same power in holding officers to higher standards as we do with elected officials.

At the same time, Kinnard recognized that it would not be reasonable to prohibit all offenders from going to work.

“Instead, we should look at how we can change these behaviors as a whole,” said Kinnard. “It’s disheartening to hear when people who are role models or are entrusted with the community’s safety let us down. It makes us step back and think. It certainly makes us fear for our safety on the road.”

Milwaukee Police Union leader, John Balcerzak, stated that OWI offenses were something that “should be looked at.”

“It’s not perfect, but I think the hiring policy is headed back in the right direction,” said Balcerzak. “I think the psychological test is a good idea and the background checks have intensified. I don’t know what the restrictions of misdemeanors are, but everything should be looked at on a personal basis.”

The Milwaukee Fire and Police Commission is the citizen oversight body responsible for the hiring and firing of police officers.

“The Fire and Police Commission uses a point system of demerit points, which I think is a farce. I think if you want the best candidate, then hire those people. If you want someone with a higher education or without a misdemeanor, then raise the bar higher,” said Balcerzak.

Balcerzak personally felt that a higher standard of education is important, but cited that the department has been unsuccessful in the past to implement that hiring standard.