' State of Wisconsin Gircuit Court Brown County

STATE OF WISCONSIN

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AARON R. LALBACHAN1069 Roland Lane, #6Green Bay, Wl 54303DOB: 09/26/1986Sex/Race: MIVVEye Color: BrownHair Color: BlackHeight :5 f t10 inWeight: 150 lbs

AND

Mao T. Xiong2357 Manitowoc RoadGreen Bay, Wl 54311DOB: 1 1/19/1983Sex/Race: M/AHeight : 5 f t6 inWeight: 150 lbs

DA Case No.: 2010BR004004Assigned DfuADA: Lawrence J. Lasee

Plaintiff, Agency Case No.: GBPD'I0207195Court Case No.: 201OCF

CRIMINAL COMPLAINT

Defendants

Complainant, Lawrence J. Lasee, Deputy Distr ict Attorney, being f irst duly sworn on oath,deposes and says that:

FIRST DEGREE INTENTIONAL HOMICIDE - PTAC, AS A PARTY TO ACRIME

The above-named defendants, on or about Thursday, June 3, 2010, in theCity of Green Bay, Brown County, Wisconsin, as a party to a crrme, didcause the death of Eric C. Vieau, with intent to ki l l that person, contrary tosec. 940.01(1)(a), 939.05 Wis. Stats., a Class A Felony, and uponconviction shall be sentenced to imprisonment for life.

Complainant is a Deputy District Attorney with the Brown County District Attorney's Officeand knows of the above offense on information and belief based uoon:

PROBABLE CAUSE

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STATE OF WISCONSIN - VS - Aaron R Lalbachan

1. His personal observation of a City of Green Bay Police Department incident report andaccompanying reports, which reports he knows to be prepared in the normal course ofdepartmental business and which reports are similar to reports he has used in the past andfound to be truthful and reliable. Said reports reflect that Joseph S. Moran, an adultcitizen, reported to City of Green Bay Police officers that he has been working at the Cock& Bull bar, located at 1237 Main Street in the City of Green Bay, Brown County,Wisconsin, for about seven months. He stated about two weeks previously, he waspromoted to a manager. He indicated that on the evening of June 2,2010, he came towork at approximately 8:00 p.m. He indicated that also working was another manager bythe name ofTony and a bouncer, whose name was Dave.

Moran indicated he was requested to view photographs by a Green Bay police officer andhe was able to identify a photograph of the defendant, Aaron R. Lalbachan, and aphotograph of the defendant, Mao T. Xiong. He indicated to Green Bay police officers thathe was 100 oercent certain of his identification of each of the defendants and was 100percent certain that both of them were in the Cock & Bull bar on the evening of June 2 intothe early morning hours of June 3, 2010. Moran stated he knows that those twoindividuals had been coming into the bar for as long as he has been working there. Hestated occasionally, Mao Xiong would come in with other people, but from hisobservations, Lalbachan only came into the bar when Xiong was either already there orwith him.

Moran indicated that on the evening of June 2,2010, Xiong came into the bar somewherebetween 11:00 and 1 1:30 p.m. and he was with another Asian male who had longer hair.He stated Lalbachan came in around midnight and he came in through the front door andhe went directly to where Xiong was sitting up front by the door.

Moran indicated that at about 1 1:30 p.m., on June 2, 2010, a person, who he wassubsequently told was named Eric Vieau and who he described as being a person withnumerous tattoos, came into the bar with his fr iend, Cody Rivenes. He stated that Vieauand Rivenes were not with Xiong and Lalbachan, but they were r ight there by the bar withthem. Moran indicated at about 1: '15 a.m., they made the last cal l for the night. He statedprior to that, there were no issues or arguments between anyone in the bar. He statedwhen last cal l was made, people started to f i l ter out the front door and he could see Xiongand Vieau talking. He stated he didn't see or hear what they may have been talking about,but i t did not look l ike their conversation was confrontat iona l .

Moran indicated as Xiong and Vieau were talking, a person he knew by the name of Brianwent up to where they were. He stated he saw Brian say something to Xiong and to Vieauand then he saw Vieau push Brian. He stated he couldn't see too much, but then he sawBrian's gir l fr iend's head get pushed against the window. He stated he could nol see whohad oushed her. but he was later told i t was Vieau who oushed her.

Moran stated he then saw the bouncer, Dave, and the other manager, Tony, head outsideto defuse the f ight. He stated at that point, he saw the defendant, Aaron Lalbachan, r ip offhis shirt and start posing at Eric Vreau l ike he wanted to f ight. He stated he saw Lalbachan

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STATE OF WISCONSIN - VS - Aaron R Lalbachan

out in the street with Eric, but he didn't see if anyone got hit. He stated things settled downquickly and everyone outside headed towards Los Banditos on the other side of MainStreet.

Moran indicated about ten minutes later, a girl came running in and asked for a pitcher ofwater and some bar rags. He stated the girl said, "He's been stabbed." He stated she waspretty frantic and didn't say who was stabbed or who did the stabbing. Moran indicated hekind of asked what happened and he believes she said something like, "The Asian stabbedhim." Moran indicated he ran outside with the water and the rags and he saw that Vieauwas lying down on the sidewalk by the "Big Tomato", which is located on the opposite sideof Main Sheet. Moran indicated that he put a wet rag onto a knife wound on Vieau's lowerleft abdomen. He stated he could see the wound and it looked like a pretty big knife wasused as he could see that the wound was two to three inches in width. He stated Vieauwas still talking, but he couldn't tell what he was saying with all of the commotion going on.He stated the police then came and he went back into the bar.

2. Said report further reflects that Nicole M. Hermans, an adult citizen, informed City ofGreen Bay Police officers that she and her sister were at the Cock & Bull bar and theywere walking out at about 1:35 a.m. She stated when she walked out, she saw Eric Vieauarguing with three white guys and there was another Asian guy mouthing off, too. Sheindicated she knew Eric because she knew his wife. She stated she got in the middle ofthe fight. Hermans indicated the three white guys walked away down St. George to thenorth. She stated the Asian guy was laughing and Eric Vieau and the Asian guy got intoeach other's face. She stated the argument happened right in front of the United Way onMain Street. She stated Eric and the Asian guy stopped arguing and separated. Sheindicated the Asian guy started walking east on the north side of Main Street and Ericstarted walking to his car. Hermans indicated she went back inside the Cock & Bull . Shestated she wasn't in the bar for even two minutes when someone came in and said therewas a f ight outside. She stated she went outside and she saw Eric lying in the road. Shestated Eric had a hole in his chest. She stated Eric was asking for help.

3. Your complainant further rel ies on the same report, which ref lects that Anthony J.Oczus, an adult ci t izen, informed Green Bay pol ice off icers that on June 3,2010, at about1'.20 a.m., he was working as a manager at the Cock & Bull bar and that they had justturned the l ights on and announced last cal l . Oczus indicated that he looked out the bar'sfront windows towards Main Street and he saw two males in an altercation outside by thefront window on the sidewalk in front of the bar. He stated he recognized both males asbeing inside the bar that evening ordering drinks. He described one of them as a male,white, who had numerous tattoos sleeved up and down his arms and he also had sometattoos on his knuckles that he noticed when that individual ordered some drinks. Hestated the male was wearing a black baseball cap with the bi l l bent up in the front and hewas later informed by his fel low manager, Joe Moran, that that was the guy who was thevictim of the stabbing. Oczus described the other male as Asian, who he believed waswearing a blue and white polo shirt .

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STATE OF WISCONSIN - VS - Aaron R Ialbachan

Oczus stated he has seen that male inside the bar on several occasions prior to thatevening. He stated during this altercation in front of the bar, he saw the individual who gotstabbed push the Asian male in the face with his open hand knocking the Asian malebackward up against the bar window and saw that the Asian male almost stumbled downto the ground, but regained his balance. Oczus indicated he then jumped out from behindthe bar and went out the front doors onto the sidewalk by the altercation. He stated at thatpoint, he observed another white male, who was with the victim, get in the middle of thealtercation and restrain his friend and pull him away.

Oczus indicated he saw the two of them, meaning the victim and his friend, walk away easton Main Street across St. George and they then walked south across Main Street towardsLos Banditos. He stated he saw another male, who appeared to be Hispanic, who waswith the Asian male when he got outside to the altercation. He stated that guy appeared tobe with the Asian male because he was on his side during the altercation sticking up forthe Asian male. He stated this individual was wearing a red shirt that he removed as hewas in the middle of Main Street and he then had a black tank top on underneath. Hestated this individual was yelling at the victim and his friend as they walked away. Oczusstated the victim and this other individuat who took off his shirt were yelling back and forthlhings l ike, "You wanna go around," and, "Now you wanna go?" Oczus indicated the victimand his friend continued to walk awav towards Los Banditos and he assumed thev wereheading towards their car.

Oczus indicated he tried to get the Asian male and his friend with the red shirt to comeback into the bar just so the other guys would get out of the area and they would avoid anyfurther altercation between them. Oczus indicated the Asian male and his friend would notcome back in the bar, but rather started walking east down the sidewalk towards St.George Street. He indicated he remained at the bar and stepped back inside for about tenseconds to see how people were doing inside the bar. Oczus indicated he then went backout to watch the individuals involved in the fight.

Oczus indicated the Asian male and his fr iend continued walking towards the parking lotinear the Commons Building on the norlheast corner of Majn and St. George Slreets. Hestated he lost sight of them as they went around the corner of the United Way building. Hestated at that point, the victim and his friend were walking east on the sidewalk in front ofLos Banditos on the opposite side of Maln Street. He stated it was approximately twominutes later when he saw the Asian male and his fr iend with the red shirt running from thearea ol the Commons parking lot south across Main Street towards the victim and hisfriend. Oczus sta€d he thought, "Oh boy, here we go," there's going to be another fightbecause it appeared the Asian male and his friend were going after the other two.

Oczus indicated he remafned at the bar because they were now off their property andthere wasn't much he could do. He stated he saw the victim and his friend go around thenortheast corner of Los Banditos and the Asian male and his fr iend running after themaround the same corner. He stated he could no longer see the individuals, so he wentback inside the Cock & Bull to f inish his work. He stated approximately ten minutes later,while he was closing up the bar, he noticed squad cars arrived in the area. He stated a

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STATE OF WISCONSIN - VS - Aaron R Lalbachan

few minutes later, a male came to the bar asking for a pitcher of water and as many ragsas they could give him. Oczus stated that Joe Moran grabbed a pitcher of water and ragsand exited the bar with the individual to assist.

4. Said report further reflects that Cody J. Rivenes, an adult citizen, informed City ofGreen Bay Police officers that he was at the Cock & Bull bar on the evening of June 2 intothe early morning hours of June 3, 2010, with some friends including Eric Vieau. He statedEric is his neighbor and that he has known him for about six months. Rivenes indicated hewalked outside of the bar right around bar close. He stated when he walked outside, hesaw what looked like a Hispanic male in Main Street. He stated the male had taken oneshirt off and was on the north side of Main Street in the right lane. He stated this male wasyelling at Eric, who was on the sidewalk just between the Cock & Bull and the United Way.He stated Eric and the Hispanic male were yelling at each other and he grabbed Eric andstarted to push him away.

Rivenes stated he and Eric Vieau walked east on Main Street and crossed St. George andafter that, they walked south across Main Street to the south corner of Main and St.George. He stated when they crossed the street, he saw the Hispanic and another maleAsian run to the Cock & Bull parking lot to a vehicle. He stated he and Eric started walkingeast down Main Street. He stated when they were almost to the northeast corner of LosBanditos, he looked back and saw both the male Hispanic and the Asian running afterthem. Rivenes stated the two of them ran across Main Street and he saw the male Asianpull out a weapon. He stated he couldn't see what the weapon was, but the male Asianpulled it out of something. Rivenes indicated he stopped at the northeast corner of LosBanditos and he put his hands in the air and told them he was a disabled vet and couldn'trun. He stated the male Asian and male Hispanic ran past him to the south. He statedVieau started to run to the south side of Los Banditos yel l ing, "He has a knife!" Rivenesstated the male Asian and male Hispanic ran past him and chased Eric. Rivenes stated helost view of them to the south of Los Banditos. He stated he walked around Los Banditosand came around to the southwest corner. He stated he could see Eric stumblingbackwards near the southwest corner of Main and St. George. Rivenes stated Eric had hishands covering his chest and was saying, "He siabbed me. He stabbed me." Rivenesstated at the same t ime he saw the Asian male putt ing a knife into a sheath and the Asianmale and the Hispanic male ran west in the al ley behind Skirts bar. Rivenes stated hewent up to Eric and Eric laid down on the ground.

5. Your complainant further rel ies upon the same report, which ref lects that City of GreenBay Police Off icer Kevin Warych reported that on June 3, 2010, at 2:12 a.m., he wasdispatched to St. Vincent Hospital to stand by with the victim of a stabbing. He stated hewas informed that the vict im was stabbed in the vicinity of the Cock & Bull bar and LosBanditos, in the City of Green Bay, Brown County, Wisconsin. Off icer Warych indicated atthe hospital, he observed the victim in a trauma room being treated. He indicated thatemergency room physicians advised him that the vict im, who he identi f ied by means ofidenti f icat ion that was removed from his person, including a Wisconsin lD Card and aSocial Security Card and various credit cards as Eric C. Vieau, dob: 7114174. He statedhe was informed that Vieau had cri t ical, l i fethreatening injuries, which subsequently

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STATE OF WISCONSIN - VS - Aaron R I-albachan

caused his death. He was informed that Vieau suffered one puncture wound to the middleof his abdomen. Officer Warych indicated that emergency room physicians informed himthat the puncture wound was deep and that it possibly punctured his aorta and other majorblood arteries which caused blood to be pooling in his chest. He indicated Eric wasprepped for surgery in his presence and taken to a 4tn floor operating room.

6. Your complainant further relies upon the report of Officer Richard Belanger of theGreen Bay Police Department, who indicates that on June 3, 2010, he responded to St.Vincent Hospital,4'floor operating room, to relieve Officer Ayres of his department, whowas with the victim of a stabbing. Officer Belanger reports he was required to dress insurgical gear and he stood by the room awaiting word on the victim's condition. The victimwas identified as Eric Vieau. Officer Belanger reports at approximately 8:30 a.m., thedoctors and nurses advised Officer Belanger they were done operating on Vieau and hewas going to be taken to the 6tn floor, Intensive Care Unit, however they did not expectVieau to survive. Officer Belanger reports Vieau was taken to the 6tn floor, where at g:41a.m., he was pronounced deceased.

Based on the foregoing, the complainant believes this complaint to be true and correcr.

Subscribed and sworn to before me,and approved for filing on:

This 4th day of June, 2010.

b- t a?-(Ass ista nt) D istrict Attorney

6r l , '2010