Exclusive: search warrant includes suspicions about victim Robin - WKOW 27: Madison, WI Breaking News, Weather and Sports

Exclusive: search warrant includes suspicions about victim Robinson's mindset

Posted: Updated:

 MADISON (WKOW) -- A search warrant used by state justice department officials to search the apartment building where teenage suspect Tony Robinson was fatally shot by a Madison Police officer includes a request to seize possible suicide notes, or plans to kill.

A copy of the warrant was obtained Tuesday by 27 News.

Authorities say Officer Matt Kenny shot and killed the 19-year old Robinson in the early evening Mar.6, after Robinson punched the officer in the head, staggering him.  Authorities say Robinson was in an apartment unit at 1125 Williamson Street.  Madison Police officials say before the shooting, Robinson was being sought as a suspect in a possible battery, and had run wildly through traffic.

The warrant sworn by state division of criminal investigation special agent James Pertzborn was signed by Dane County Judge Julie Genovese within five hours of Robinson's fatal shooting.

The warrant asks for authority to seize items "...which may constitute evidence of a crime, to-wit: First Degree Intentional Homicide."

Former Dane County deputy district attorney Tim Verhoff tells 27 News the warrant's identification of homicide still leaves questions about law enforcement's view of the actions of Kenny.

"Is it a justified shooting?  Is is self defense?  Is this something someone could be prosecuted for on criminal grounds?  That'll be sorted out later.  Right now, the warrant is just searching for evidence,"  Verhoff tells 27 News.

But the search warrant provides some insight into state justice department investigators' theories of what may have happened.

The warrant states it seeks "...paperwork pertaining to physicians prescriptions prescribed to Tony T. Robinson Jr, and medication associated with Tony T. Robinson Jr."

It also states items being sought include "...handwritten documents that contain information concerning suicidal ideology and/or homicidal intention."

Verhoff says publicly-available information, including dispatch audio tapes, describe Robinson as acting erratically prior to his fatal shooting.  Verhoff tells 27 News.   While neither Verhoff nor 27 News has viewed the affidavit supporting the search warrant, Verhoff says it's likely state justice department officials included information on Robinson's suspected state of mind, to make a legal case to seize what was requested, and possibly answer another question:  "Is there something else going on here?"

State justice department spokesperson Anne Schwartz has yet to respond with information to requests from 27 News for comment on the search warrant, and what was seized in the search.

Records show Robinson is not listed as a tenant of an apartment in the Williamson Street building, but friends tell 27 News Robinson was a frequent visitor to a unit in the building.

The search warrant also states other items sought included edged weapons, bullets, computers, cell phones, zip discs and other electronic devices.

Powered by Frankly