"Fire Matt Kenny"

What do Madison protesters want? For starters, justice for Tony Robinson

by

Mayor Satya Rhodes-Conway got the third degree from scores of protesters who were blocking traffic during a demonstration June 1 on John Nolen Drive. The mayor thanked the crowd for peacefully protesting against police brutality.

“Thank you for being angry. I’m angry, too,” Rhodes-Conway told the protesters. “I promise you that I’m listening...and that we will take the actions that we can take as soon as we can.” 

The crowd erupted, bombarding the mayor with questions. 

“What does that mean?” asked one young protester.

As Rhodes-Conway tried to explain efforts to create a citizen oversight committee and hire an independent auditor to hold the police accountable, the protesters interrupted her in unison.

“Fire Matt Kenny. Fire Matt Kenny. Fire Matt Kenny,” chanted protesters. “What do we want? Justice. When do we want it? Now.”

Outrage over the May 25 death of George Floyd by a Minneapolis police officer has sparked weeks of protests across the country. In Madison, Floyd’s killing has reignited anger over the death of 19-year-old Tony Robinson — who was shot seven times in a Williamson Street home in 2015 by officer Matt Kenny. Several murals of Floyd have been painted on boarded-up State Street storefronts. There are also portraits memorializing Robinson. “Fire Matt Kenny” has been graffitied all over downtown since demonstrations began May 30.

Rhodes-Conway told protesters during the demonstration on John Nolen that firing Kenny is out of her control. 

“It is not under my power to fire a police officer,” said Rhodes-Conway. “That power belongs to the Police and Fire Commission alone.” 

The shooting of Robinson was deemed lawful by Dane County District Attorney Ismael Ozanne in May 2015. A month later, an internal investigation found Kenny had followed department policy. 

Protests nationwide have unleashed a broad revolt against law enforcement as an institution. There is newfound urgency for fundamental police reform, including the defunding or even dismantling of local law enforcement agencies. 

Here in Madison, calls for a police overhaul often start with Kenny. Dozens of protesters interviewed by Isthmus over the past 10 days say the officer’s continued employment with the department is living proof that Madison police officers can wage violence with impunity. Ayomi Obuseh, a UW-Madison student and West High alum, says Kenny should have been forced out years ago.

“We are demanding community control of the police,” Obuseh tells Isthmus. “The city not firing Matt Kenny is just one traumatizing example of why we are fighting so hard for change.”

Obuseh is one of several black youth who have been leading nighttime protests in downtown Madison for more than a week. In addition to demanding that Kenny be fired, these protesters want to see an end to no-knock warrants and the passage of the “Hands Up Act” — which would punish police officers with jail time if they shoot an unarmed citizen. 

Ciara H. says many of the young organizers of today’s protests were demanding “Justice for Tony” while still in high school. 

“Most of us were part of the Black Student Union at our schools. Madison East. Madison West. Memorial. La Follette. We used to protest together in 2015,” says Ciara H. “We decided to come together again after the murder of George Floyd.” 

De’Asia Donaldson, another protest leader, says Kenny should be removed from the force and “charged with murder.”

“Madison leaders like to say they are liberal and that they stand with us. But they are fake liberals and hypocrites by doing nothing about Matt Kenny,” says Donaldson. “Firing Kenny isn’t even something we should have to demand. It’s obvious. It’s about respecting Tony Robinson’s family enough to say [Kenny] doesn’t deserve to work here.” 

As local youth were becoming politicized by Tony Robinson's death, established groups like Freedom Inc. emerged as an influential force in Madison, organizing protests calling for Kenny’s firing and for community control over the police. M Adams, the nonprofit’s co-executive director, says that the lack of accountability for Kenny’s actions amplifies the deep mistrust felt by many in Madison — particularly black youth — of the men and women who have sworn an oath to protect them. 

“Matt Kenny murdered Tony Robinson. It was an extrajudicial murder, practically a lynching. Valuing black life means taking a strong stance against police murdering black people — Matt Kenny must be fired,” Adams tells Isthmus. “This is why we must have community control. Community control means that we the people would have the power to fire cops who murder kids.” 

Acting Police Chief Vic Wahl, in an email, confirms to Isthmus that Kenny remains an officer on the force. 

“[Kenny is] assigned to assist with training. Mindfulness meditation is one thing he is involved in,” writes Wahl. “He was cleared by MPD and the DA and there is no basis under state law for any disciplinary action against him.”

Wahl says Kenny did not participate in three days of police confrontations with protesters — including on May 31, when the Wisconsin National Guard assisted. In attempting to restore order downtown, police, wearing riot gear, used pepper spray, tear gas and rubber bullets against protesters.

Jim Palmer, head of the Wisconsin Professional Police Association, says Kenny “is not Derek Chauvin” — the Minneapolis police officer who has been charged with second-degree murder and second-degree manslaughter for killing Floyd. Palmer says Kenny’s actions the night Robinson was killed have been “well evaluated from multiple perspectives.”

“I respect people who wanted a different outcome,” says Palmer, whose union represents law enforcement officers across the state, including in Madison. “But I just don’t think that’s called for.” 

Though Kenny never faced criminal charges, the city’s insurance company did settle a federal civil lawsuit with the Robinson family for $3.35 million in 2017. It was the third multi-million dollar lawsuit for an officer-involved shooting in Madison since 2015 that was settled by the city. 

It isn’t just young protesters and activists frustrated by the perception that the Madison Police Department is unwilling to weed out bad officers. Steve Mackesey, who retired in January after serving a decade as a Madison police officer, doesn’t support defunding or abolishing law enforcement agencies. He has nice things to say about acting chief Wahl. But in a recent Facebook post, Mackesey called out his former department for “creating an unbelievable explanation to justify the murder” of Robinson. 

Mackesey also criticized two high-profile incidents involving Madison police in 2016 and 2019. “Knee and punch a young African American girl at East Towne Mall, repeatedly punch a young African American male suffering a mental health crisis in the head as you put a spit hood on him, no worries we have the MPD way!” wrote Mackesey. “Time after time when the community reacted to police violence, MPD chose the easy way: Criminalize the victim and justify the action.” 

Mackesey’s signature is one of more than 10,000 on a change.org petition calling for Kenny to be fired. He tells Isthmus that during his time with MPD, officers who used deadly force were routinely lionized. 

The fatal shooting of Robinson was not the first time Kenny killed in the line of duty. In 2007, 48-year-old Ronald Brandon called 911 to falsely report that a man was threatening neighbors with a gun. His ex-wife called authorities 40 seconds before officers arrived to say that Brandon was drunk and the gun was fake. A minute later, Kenny shot him in the head before dispatch could pass on that information. Kenny received the department’s Medal of Valor for his actions.

Mackesey says he witnessed a culture at MPD that was “incapable of living up to the standards the community expects from its police force.” 

“There are plenty of outstanding officers in Madison. But if MPD is so great, so much better than other departments, then why do these incidents keep happening?” asks Mackesey. “How is it that MPD is never, never, never at fault? And what is just as bad is that within the department, dissent isn’t tolerated. You are called a traitor, maybe even harassed, unless you fall in line.” 

Mackesey says since speaking out, he has received “a ton of messages” from current and former colleagues disavowing him for daring to question Kenny’s actions. One current Madison officer, who commented on Mackesey’s post, calls him “a fanatic.” 

“When you see the way the Madison Police Department has treated this community, I think they need to look within and stop blaming everybody else for once,” says Mackesey. “Either you're a community police department, or you're not. MPD has a serious trust issue. Clearly, a lot of people in Madison are upset with their police department. I’m sad to say, I’m one of them.” 

Rhodes-Conway is right that neither she — nor the chief of police — can unilaterally fire a police officer. That authority, prescribed by state law, rests with the Madison Police and Fire Commission (PFC), whose members are appointed by the mayor. Rhodes-Conway has selected two members so far: Jacquelyn Boggess, a lecturer in the UW-Madison School of Social Work, and former Madison police Captain Mary Schauf. 

Civil rights attorney Jeff Scott Olson sued the city for civil damages in the deaths of 26-year-old Ashley DiPiazza and 30-year-old Paul Heenan, both killed by Madison police officers. Olson says the Madison Police Department fails to police their own. 

“Every complaint received over alleged officer misconduct — that isn’t supported by testimony of another police officer — is deemed unfounded,” says Olson, referring to internal investigations. “Doesn’t seem to matter how much civilian support the complaint has.”

Olson adds that “a blue wall of silence,” that discourages officers from giving information that could incriminate a colleague, is still the norm. 

“One problem is the attitude of the Madison Police Department itself towards enthusiastic and vigorous policing of its own ranks, which is non-existent,” says Olson. “This is true for pretty much every police department in the country.” 

Robinson’s death did lead directly to an effort by alders to reform the Madison Police Department. The city council commissioned a $400,000 study by the OIR Group which found, after a 2017 top-to-bottom review of the Madison Police Department, that the PFC’s most significant responsibility is the selection of Madison’s police chief. The PFC’s five members are currently in the early stages of hiring a permanent successor to former Chief Mike Koval, who retired abruptly this fall after a disagreement with the mayor over funding for the police department. 

The OIR report also found the PFC’s “balky structure” has proven ineffective at holding officers accountable for misconduct. The department typically investigates and settles officer infractions internally, thereby avoiding having to make a public case against one of its own officers, according to the report. 

“The fact that no internal cases in at least six years have been brought to the PFC for review indicates a significant flaw in the disciplinary system,” the 258-page report states. “In our experience in working with numerous police agencies, we have yet to encounter one like MPD where years have passed and no officer has challenged a disciplinary determination. It would be akin to a criminal justice system in which every defendant pleaded guilty.”

The report notes that the commission hears very few community-based complaints and that there is a high burden for Madison residents to submit and then defend a complaint in front of the PFC. 

The OIR Group proposed 146 recommendations to improve the Madison Police Department, including the creation of a citizen oversight board that would work with a new independent police auditor. Rhodes-Conway included $200,000 in this year’s city budget to establish the auditor position, which was approved by the council but has yet to be filled. 

The resident-led Madison Police Department Policy Procedure & Review Ad Hoc Committee studied and discussed OIR’s recommendations, solicited public input, and released its own report with 177 recommendations in 2019. That report was accepted by the council in January but individual recommendations still need approval before they can be implemented. The recommendations to create a citizen oversight board and an independent auditor were taken up for the first time by the city’s Finance Committee on June 9. The panel created an alder workgroup to build the legal and budgetary framework to implement these recommendations. 

Ten thousand people marched to the Capitol Square in support of Black Lives Matter on June 7 — more than a week into round-the-clock protests in Madison. The next day, protest groups Freedom Inc., Urban Triage, and the Party for Socialism and Liberation — without permission from the city — painted “DEFUND POLICE” in big yellow letters stretching the length of Martin Luther King Jr. Boulevard in front of the City County Building. 

Marquon, one of the organizers of the June 8 nighttime rally, facilitates what’s been dubbed the “What’s Next Forum,” which meets Sunday afternoons at James Madison Park to discuss and plan future activism. The group isn't giving up on trying to remove Kenny from the force.

“That’s one of the big issues we are going to follow through on with targeted action. We are the people and they have to listen to us,” says Marquon, who did not want to give his last name. “But we aren’t stopping there. We are committed to targeting one situation, coming up with a solution, and moving on to the next one.” 

Matthew Braunginn is a member of the ad hoc committee that crafted the 177 recommendations to reform the Madison Police Department. He agrees that Kenny should no longer be a Madison police officer, but acknowledges that there “appears to be no real mechanism for this city to remove him.” 

“Kenny is a symbol of a lot of what’s wrong with the Madison police. He should not be on the streets or training police officers” says Braunginn. “If we can’t legally remove this person, let’s minimize his capability to do harm to people. He has killed two people in the line of duty.”

Braunginn admits he’s frustrated by the slow progress being made in Madison to enact police reforms. He supports “a radical reimagining of who we are as a society,” especially when it comes to local law enforcement and the criminal justice system. 

“We keep talking about reforms which fiddle at the edges of correcting an institution that was explicitly designed around racial oppression. But [the recommendations] are a transitory step,” says Braunginn. “This is a moment where things that did not seem possible, may now be possible. That includes defunding police in favor of investments in the community — and some of our recommendations fall in line with the idea of defunding, like the idea for a mental health response unit. It's a starting point. We can and should go further.”

Sharon Irwin has been an outspoken advocate for Tony Robinson, her grandson, since his death in 2015. And she has been active in the recent protests. 

Irwin was on State Street when Madison police first deployed officers in riot gear after reports of looting occurring at Goodman’s Jewelers. She says she saw the storefront being smashed. Around 30 minutes later, Isthmus witnessed Irwin being hit with pepper spray — making her one of the first — if not the first — peaceful protester on the receiving end of militarized police tactics used downtown between May 30 and June 1. 

“A lot of protesters were angry. A lot of them were young. A lot of them were white. But there were plenty of peaceful protesters in that first group, including me,” Irwin tells Isthmus, who adds she successfully stopped some people from causing further destruction. “The police knew I hadn’t done anything wrong. They just don’t like me because I have been out here for five years saying there is no honor defending Matt Kenny. He lied to justify killing my kid.” 

At a June 8 rally in front of the City County building, Irwin addressed the mostly young protesters. 

“Looking at all of you…Tony would have been 24 this year,” Irwin said to the crowd. ''This is your fight. I’m going to give you all of him. You take him. Put his name in your mouth: Tony Robinson.”

Protesters, right on cue, replied, “Tony Robinson.” 

[Editor’s note: This story has been updated to make it clear officer Matt Kenny was not working patrol shifts during the unrest downtown at the end of May. It's also been corrected to reflect that attorney Jeff Scott Olson was referring to internal police investigations].