MILWAUKEE — A 33-year-old Milwaukee man was charged with felony murder after a drug deal robbery turned into a fatal shooting in March.
Prosecutors say Francisco J. Herrera, 33, is responsible for the death of Andre Lamon after attempting to rob him on March 28 near 9th and Cleveland in Milwaukee.
According to a criminal complaint, Milwaukee police were dispatched to the area for a shooting. Upon arrival, officers found Lamon suffering from several gunshot wounds in the front seat of a vehicle. Lamon later died from his injuries.
The complaint says Herrera alleges he called his drug dealer, Lamon, on March 28 to come over to his house to buy marijuana. Upon Lamon's arrival, Herrera alleges he got into Lamon's vehicle. Herrera said he then heard shooting and saw Lamon was shot from behind. Herrera was also shot in his leg.
RELATED COVERAGE: Double shooting leaves 1 dead at 9th and Harrison
According to the complaint, a witness in the area said he was home when he heard gunshots close by. The witness told authorities he looked outside and saw a person, later determined to be Herrera, limping from Lamon's vehicle and crossing the street to where police found him. The complaint says the witness saw another individual standing on the sidewalk near the vehicle and yelled "come this way, amigo" to Herrera. Another witness says she also heard several gunshots and then a suspect with a gun run away.
Security video shows Herrera with two other suspects in a pickup truck in the area prior to Lamon's arrival. The video shows the truck park and the three subjects disappear into a nearby alley around 8:50 p.m. Herrera appears in the security video again around 8:53 p.m. By 8:55 p.m., Lamon arrives at Herrera's home in his car. The complaint says at 8:56 p.m., two suspects walk from the area where the three subjects originally disappeared to. The two suspects then head towards the area of the victim's car by 8:59 p.m.
Once Herrera enters Lamon's vehicle, the two suspects approached the car by 8:59 p.m. The two suspects are seen on video rummaging through the vehicle before running away. The two suspects then meet at the pickup truck and drive away.
Security video also shows Herrera limping away from Lamon's vehicle to his home. When he is on the steps of his home, he is seen moving his arms "in a motion consistent with telling the suspects to keep going on," the complaint says.
Based on video evidence, Herrera was not robbed but instead arrived with the robbers, who then waited until he was inside the car to commit the crime, the complaint says.
On March 31, the driver of the pickup truck was later arrested for other crimes.
According to the complaint, evidence shows Herrera arrived near 9th and Cleveland with two shooters and then called Lamon in an attempt to rob him.
A cash bond of $150,000 was set for Herrera in June. He is due back in court on Aug. 16 for a scheduling conference. If convicted, Herrera faces a maximum of 35 years in prison.
