On Wednesday, a jury found Theodore Edgecomb guilty of first-degree reckless homicide. Edgecomb is a Black Milwaukee man who killed a white man after a traffic altercation near Brady Street in 2020.
He was convicted of a lesser charge than what the state sought, which was first-degree intentional homicide.
Some racial justice advocates have contended that since Kyle Rittenhouse successfully argued self-defense after he killed two people and injured another during unrest in Kenosha, Edgecomb should be able to as well.
The deadly confrontation between Edgecomb and Milwaukee immigration attorney Jason Cleereman took place in September 2020.
There are conflicting accounts of what happened, but we know that Edgecomb was riding a bike and Cleereman was in a car with his wife, who was driving. The two parties got into some kind of traffic dispute and Edgecomb punched Jason Cleereman through the open car window.
Cleereman got out of his car and confronted Edgecomb, who shot him in the head. Edgecomb fled the state and evaded arrest for months.
Edgecomb’s defense attorney, B’Ivory LaMarr, said in closing arguments that Edgecomb felt he was being “hunted” by the Cleeremans. LaMarr invoked the case of Ahmaud Arbery, a Black jogger murdered by white men in Georgia.
"Mr. Edgecomb was scared," LaMarr said. "That same fear he had after he’s being hunted down by these two individuals. That same fear where he’s described as being the next Ahmaud Arbery."
Edgecomb took the stand earlier this week and testified that he didn’t mean to fire the gun, which complicated the self-defense argument.
Prosecutor Grant Huebner worked to debunk the self-defense claim. In closing arguments, he said that Edgecomb “brought a gun to a fistfight.”
"Some injustice that you feel may have happened in some other case does not excuse or allow or invite an injustice in this case," Huebner said.
Ultimately, the self-defense argument didn’t sway the jury. It took less than three hours to return a verdict: guilty of first-degree reckless homicide.
Local criminal defense attorney Tony Cotton, who is not involved in this case, points out first-degree reckless homicide is the charge the state originally sought in Edgecomb’s case. It was then increased to intentional homicide shortly before the trial.
"That’s a common tactic when a defendant proceeds to trial," Cotton says. "Oftentimes prosecutors will elevate reckless homicide charges to intentional homicide charges. It gives the prosecutor more ability to argue more counts for which a defendant can be convicted."
Cotton says the verdict isn’t surprising. He thinks Edgecomb and his lawyers failed to make a compelling self-defense argument.
"I’ve done tons of self-defense cases in my career, and any time you have a client or defendant who shoots somebody at point-blank range when that person hasn’t struck the defendant or displayed a weapon — those are incredibly difficult cases," Cotton says.
Jason Cleereman's family released a statement following the verdict, saying: "The Cleereman Family, wife Evangeline and children Amelia and Jack, thank the jury for their service and verdict, and the police and prosecutors who worked very hard to solve this case. They continue to mourn the loss of their dear husband and father, Jason Cleereman, and ask that their privacy be respected, comforted in the knowledge that justice has been served."
The Milwaukee Alliance Against Racist and Political Repression, which has rallied in support of Edgecomb, wrote on Facebook: "We are extremely angry to say the least." The group indicated it may plan protests or other actions in response.
Edgecomb faces up to 60 years in prison. His sentencing hearing is set for April 8.
