MADISON – A Democratic state lawmaker was charged with disorderly conduct after Wisconsin State Capitol police investigated allegations from fellow legislators that she referenced using an assault rifle on her colleagues, newly released records show − a comment investigators ultimately did not find to be a criminal threat.
Rep. Sylvia Ortiz-Velez, D-Milwaukee, was charged in February for allegedly threatening to tell journalists “negative things” about Democratic state Rep. Priscilla Prado, also a Milwaukee Democrat, if Prado did not rescind a resolution she drafted recognizing Hispanic heritage.
Wisconsin Capitol Police reports released to the Milwaukee Journal Sentinel on Friday, April 10, also show Ortiz-Velez was investigated for allegedly making comments about using an assault-style firearm against her colleagues. Police ultimately did not deem the alleged comment to be made with “the intent to harm,” according to the records.
In one interview with a lawmaker, police were told in September that Ortiz-Velez said “something to the effect of, ‘Little do you know I can lay you guys out on the lawn with my AK-47,'” according to the newly released police report on the incident.
In an interview with Assembly Chief Clerk Ted Blazel at the time, Blazel told investigators he had been made aware “an allegation had been made that Ortiz-Velez had stated to another representative something similar to, ‘I will bring an AK [or AR, Ted didn’t recall] to the Capitol to shoot people.'”
Ortiz-Velez initially told police she did not recall making any threatening comments. Later, she told an investigator that “she now recalled making a similar statement, and proceeded to explain that she never meant it to be threatening,” according to the police report.
She told investigators, “If [redacted] and two bitches are coming to my house with knives, I would shoot them with an AR-15.” Ortiz-Velez said the comment was a metaphor but that it was a “stupid” thing to say.
“She said it was representative language to indicate that if other state representatives were to continue coming for her politically, that her response would be disproportionately large, politically.”
Ortiz-Velez expressed remorse for her actions, according to the report.
“Ortiz-Velez said she would not use that type of language again and understood the damage it had caused,” the report said.
Michael Chernin, Ortiz-Velez’s attorney, said the comment “was a metaphor.”
“It was not a good choice of a metaphor. And it was hyperbole, but it was not viewed as Sylvia engaging in a credible threat,” he said.
At the time of the September dispute, Ortiz-Velez also told the Journal Sentinel her comments were “poorly worded hyperbole” meant to demonstrate her right to defend herself and not a threat.
The names of lawmakers who made the allegations against Ortiz-Velez are redacted from the police report released to the Journal Sentinel.
In September, the Democratic caucus’s eight-member leadership team, which includes Assembly Minority Leader Greta Neubauer, D-Racine, released a statement saying they’d spoken with Capitol Police after Ortiz-Velez “made a comment about shooting three members of our caucus who she has had personal disagreements with.”
In a letter outlining the basis for the redactions, Wisconsin Department of Administration officials said disclosure “could expose these individuals to unwanted public scrutiny, criticism, or pressure, which could have a chilling effect on future individuals’ willingness to come forward and cooperate with law enforcement.”
“There is also a strong public interest in protecting authorities’ abilities to gather information when conducting investigations into potential violations of law and protecting these individuals from unwanted public scrutiny or retaliation, or adverse impact on their current or future employment.”
Ortiz-Velez pleaded “no contest” to the misdemeanor charge last month.
At the time, she said in a statement she will pay a fine in exchange for her plea, along with a matching contribution to a Latino veterans organization, and will “continue to focus 100% of [her] efforts for the people of the 8th Assembly District.”
Molly Beck and Jessie Opoien can be reached at molly.beck@jrn.com and jessie.opoien@jrn.com.
This article originally appeared on Milwaukee Journal Sentinel: Assault rifle reference from Ortiz-Velez was deemed non-threatening
Reporting by Molly Beck and Jessie Opoien, Milwaukee Journal Sentinel / Milwaukee Journal Sentinel
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