Local man who threw brick that seriously injured Kenosha officer during 2020 riots sentenced in federal court to five years in prison

MILWAUKEE – A Kenosha man who threw a brick that struck a Kenosha police captain during the riots following the Jacob Blake shooting in August 2020 was sentenced Thursday in federal court to five years in prison and three years’ supervised release.

Ashton L. Howard, 29, faced a maximum of five years in prison after pleading guilty in September to obstructing an officer during a civil disorder.

Assistant US Attorney John Scully asked District Judge Pamela Pepper to impose the maximum penalty writing that Howard “engaged “in incredibly dangerous behavior on Aug. 23, 2020, at a volatile time in the community and for the nation at large.”

Hours after Blake was shot by police, Howard and some acquaintances went to the 2800th block of North 40th Street, the site of the shooting.

A crowd had gathered and became more intense as night fell. Rocks, Molotov cocktails and other objects were thrown as police were removing a damaged squad car.

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Howard was hit on the back of the head with a brick, likely intended for nearby police, Howard’s attorney, Aneeq Ahmad, wrote the court. Howard picked up the same brick and threw it towards the officers, not targeting anyone in particular, according to Ahmad.

The brick struck Capt. Tom Hamm who immediately fell to the ground. Another officer believed he was dead, Scully wrote the court. Unconscious and bleeding heavily, Hamm was transported to Froedert South Hospital where he was treated for a severe concussion. The cut on his header required 18 stitches to close, Scully wrote.

The officer was in “a great deal of pain-for about month,” while he also suffered headaches and his brain remained foggy. For months he endured significant balance and some ongoing memory issues.

On behalf of Hamm, Lieut. Joseph Nosalik, the department’s public information officer, read a statement from the officer who was injured to the court.

Hamm said that 80 officers were present and many were under attack from the crowd, which also set squad cars on fire and smashed windows. Officers had only their body armor to protect them from the objects thrown at them.

As the ranking officer present, Hamm decided to remain on the scene until the other officers dispersed. While helping another officer move a squad car when a Molotov cocktail struck the vehicle engulfing it in flames.

“She and I were moving away from the scene and I remember nothing else until I woke up in a hospital room,” Nosalik read.

Hamm later learned that he had been struck on the head by a thrown brick.

“Regardless of one’s opinion about law enforcement officers, violence can never be the answer,” Nosalik read.

Howard warranted the five-year maximum sentence because he chose to attack a police officer who was trying to protect the public and restore peace during a “turbulent time,” Scully wrote.

Firefighters continue to battle overnight fires. Rioting broke out overnight during protests over the shooting of 29-year-old Jacob Blake by a Kenosha Police officer Sunday, the shooting captured on a video that has focused national attention on the city.

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While many marches occurred that summer, Howard didn’t engage in peaceful protest. Instead, his actions aggravated an already dangerous situation, Scully wrote.

Instead of expressing remorse, Howard told others that he committed the attack and continued to do so for some time.

A search of his phone recovered a video of the captain begin hit with the brick and stills showing him on the ground including emojis indicating “quiet” and “mouth shut,” Scully wrote.

Howard’s prior convictions include a 2015 battery and possession of stolen firearms in Louisiana, as well as a 2019 disorderly conduct conviction in Kenosha County, where a witness said Howard pinned her arms down and bit her,” Scully wrote.

Despite being a felon and prohibited from possessing firearms and ammunition, a total of 39 .45 caliber rounds were found during a January 2021 search of a house where he was staying, according to court records.

Ahmad sought a two-year sentence for Howard writing that his client’s actions occurred when public attention was focused on excessive force by police that began with the George Floyd murder in Minneapolis, and continued with the Blake shooting in Kenosha. Howard likely identified with Blake’s plight and was outraged but didn’t come armed to the riot site. He was in an emotional state which was further agitated by being hit by a brick, Ahmad wrote.

While injuring a police officer is unlawful, Howard wasn’t charged with the more serious offense of armed assault and his sentence should reflect that, Ahmad wrote.

“The big picture here is that this is a protest case with a very unfortunate result for the victim. However, Mr. Howard did not specifically target the officer and did not specifically intend to strike him in the head where he was hit; it was similar to throwing rocks at police during a riot,” Ahmad wrote.

Judge Pepper couldn’t excuse Howard’s conduct because he may have been caught up in the “mob mentality” of the moment. He may have been upset about Blake’s shooting but he didn’t act on his feelings until he was hit by a brick. Then, he didn’t throw it in the direction it came from but instead at the police, Pepper said.

Pepper concluded that five years was a reasonable sentence because of the severity of Hamm’s injuries, the need to deter others from committing the same offense and to protect the public.

Howard’s prison term will be reduced by the 18 months he has been detained.

His term will be followed by three years’ supervised release. Pepper took under advisement a $29,773 restitution request.

In exchange for his guilty plea, the government agreed to dismiss a charge of a felon in possession of ammunition, stemming from the January 2021 search.

Fires erupt in the rioting a night later in the aftermath of Kenosha police shooting of Jacob Blake

Fire

Danish Brotherhood Lodge at 2206 63rd St. explodes while on fire, reportedly the result of rioters shortly before 11 pm Monday night.

Terry Flores

Danish Brotherhood fire

The Danish Brotherhood Lodge at 2206 63rd St. explodes while on fire, shortly before 11 pm on Aug. 24, 2020, during the civil unrest in the city following the police shooting of Jacob Blake.

Terry Flores

Fire

The Danish Brotherhood Lodge at 2206 63rd St. explodes while on fire, reportedly the result of rioters, shortly before 11 pm on Aug. 24.

Terry Flores

Fire

Danish Brotherhood Lodge

Terry Flores

Fire

The Danish Brotherhood Lodge at 2206 63rd St. explodes following a fire shortly before 11 pm Monday night.

Terry Flores

Fire

The Danish Brotherhood Lodge at 2206 63rd St. explodes while on fire shortly before 11 pm on Aug. 24.

Terry Flores

Fire

Danish Brotherhood Lodge

Terry Flores

Fire

The Danish Brotherhood Lodge at 2206 63rd St. burns reportedly the result of rioters shortly before 11 pm Monday night.

Terry Flores

20200824_235618.jpg

Smoke billows over the viaduct at 60th Street and 13th Avenue as a medical unit enters the scene of a fire at the Community Corrections Division, 1212 60th St., late Monday night.

Terry Flores

20200824_235743.jpg

A lone officer guards the viaduct at 60th Street and 13th Avenue as a medical unit enters the scene of a fire at the Community Corrections Division. 1212 60th St. late Monday night.

Terry Flores

20200824_235547.jpg

Smoke billows over the viaduct at 60th Street and 13th Avenue as a medical unit enters the scene of a fire at the Community Corrections Division, 1212 60th St., late Monday night.

Terry Flores

20200824_235552.jpg

Smoke billows over the viaduct at 60th Street and 13th Avenue as a medical unit enters the scene of a fire at the Community Corrections Division, 1212 60th St., late Monday night.

Terry Flores

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