STATE OF WISCONSIN CIRCUIT COURT CRIMINAL COMPLAINT DANE COUNTY STATE OF WISCONSIN Plaintiff, -vsNATHAN J FRIAR 409 W Gorham St 1204 Madison, Wl 53703 DOB: 02/17/1995 Sex/Race: M/W Eye Color; Blue Hair Color: Brown Height: 6 ft 1 in Weight: 195 lbs Alias: __________________________ Defendant. Ref. Agency: Madison (City) Police Department DA Case No.: 2016DA005388 Assigned DA/ADA: Rachel E Sattler Agency Case No.: 2016-00188109 Court Case No.: 2016CF A T N :13011606080150 FILED JUN 1 ^ DANECOUNTi' CIRCUIT COMPLAINING WITNESS Mark Zwart, Kris Acker, Dave Gouran, and Shari Nitzsche The above-named complaining witness being first duly sworn states the following: Count 1: SECOND DEGREE SEXUAL ASSAULT The above-named defendant on or about Sunday, June 05, 2016, in the City of Madison, Dane County, Wisconsin, by use of force , did have sexual contact, hand to vagina, with MBK, without the consent of that person, contrary to sec. 940.225(2)(a), 939.50(3)(c) Wis. Stats., a Class C Felony, and upon conviction may be fined not more than One Hundred Thousand Dollars ($100,000), or imprisoned not more than forty (40) years, or both. Count 2: STRANGULATION AND SUFFOCATION The above-named defendant on or about Sunday, June 05, 2016, in the City of Madison. Dane County. Wisconsin, did intentionally impede the circulation of blood or normal breathing by applying pressure on the throat or neck of another person, contrary to sec. 940.235(1), 939.50(3)(h) Wis. Stats., a Class H Felony, and upon conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not more than six (6) years, or both. FACTS: Your complainant is a court officer for the Madison Police Department and for this complaint is relying on the typed written police reports submitted by Madison Police Officer(s) Detective Kathleen Riley, which reports your Complainant believes accurate and 06/09/2016 1 STATE OF WISCONSIN - VS - Nathan J Friar reliable inasmuch as they were prepared in the ordinary performance of the official duties of these sworn law enforcement officers, Detective Riley reports on June 6, 2016 she was assigned to conduct follow up on a case and made contact with an individual who was identified and for this complaint will be referred to as M.B.K. Detective Riley reports M.B.K. stated that on June 5, 2016 she was at the Red Rock Bar after she got done with work. M.B.K. stated at approximately 2:00 a.m. an individual who was identified as Nathan J. Friar, the defendant herein, had arrived at the Red Rock and she was dancing with him. M.B.K. stated that at bar time she could not find her friends and the defendant stated that he would walk her home. M.B.K. stated when they walked passed the defendant’s apartment he told her some of his friends were drinking. M.B.K. stated she thought it was an “after bar” party and went up to the apartment. M.B.K. stated when she got up to the apartment there were only two people there who were lying on couches and then went to bed. M.B.K. stated the defendant took her into his room and stated, ‘Til show you my room.” Detective Riley reports M.B.K. stated once they were in the defendant’s room the defendant threw her on his bed. M.B.K. stated the defendant then put his right hand on her throat and “chocked and released” her. M.B.K. stated that when the defendant had his hand on her throat she could not speak breath or gasp at all. M.B.K. stated when the defendant released his hold she told him to “stop, this is not how you treat a lady. Stop. Be gentle.” M.B.K. stated she was scared at what was happening. M.B.K. stated, “I think I mentally shut down and lost consciousness.” M.B.K. stated that she was conscious and on the defendant’s bed when he penetrated her vagina with his fingers. M.B.K. stated when she opened her eyes she was very disorientated. M.B.K. stated when she did come to, she observed the defendant on the bed naked. M.B.K. stated she was searching for her clothing in the defendant’s bedroom. M.B.K. stated she found her phone in the defendant’s bed and her other items scattered throughout the room. Detective Riley reports M.B.K. responded to Meriter Hospital for a SANE exam. Detective Riley reports during the SANE exam injuries were located on M.B.K. Detective Riley reports M.B.K. had bruising on her neck, bruising on her chest, and bruising on her lower back. Detective Riley reports there was also injuries to the vaginal area of M.B.K. **THIS COMPLAINT IS BASED ON the information and belief of your complainant, who is a court officer for the Madison Police Department, and who learned of the above offense from the reports of Madison Police Officer{s) Detective Riley, which report(s) your complainant believes to be truthful and reliable inasmuch as they were prepared during the course of the officer(s) official duties. Further, your complainant believes the information furnished by M.B.K. to be truthful and reliable inasmuch as she is a citizen informant(s) and witnessed the events described. 2 STATE OF WISCONSIN - VS - Nathan J Friar Your complainant believes the statements of the Defendant to be truthful and reliable insofar as they are admissions against penal interest. Subscribed and sworn to before me, and approved for filing on: This day of June, 2016 COMPLAINANT