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Two charged in the Milwaukee death of 5-year-old make first court appearances

15-year-old Erik Mendoza and 27-year-old David Pietura are charged with first-degree intentional homicide, physical abuse of a child causing death, and hiding a corpse.
Posted at 5:11 PM, Oct 31, 2023
and last updated 2023-10-31 18:11:18-04

The two people accused of killing a five-year-old Milwaukee boy made their first appearances in court on Tuesday.

15-year-old Erik Mendoza and 27-year-old David Pietura are charged with first-degree intentional homicide, physical abuse of a child causing death, and hiding a corpse.

Police first reported five-year-old Prince McCree missing on Wednesday, Oct 24. Less than a day later, his body was discovered in a dumpster near 55th and Vliet, according to police.

According to the criminal complaint, both Mendoza and Pietura confessed to beating McCree to death and disposing of his body.

On Tuesday, in juvenile court, Judge Laura Gramling-Perez found probable cause to try Mendoza as an adult.

His bond was set at $500,000, despite the defense asking for a lower bail of $25,000, with supervision upon release.

"He lived with his mother and siblings. They don't have significant wealth or anything they could post for bail or similarly that they could help him use to flee the jurisdiction," said Defense Attorney Katie Holtz.

The state said the "heinous nature" of the offenses and the strength of the state's evidence justify a high bail.

"He admits to not only committing the brutal murder of [the child], but then also admits to stabbing multiple members of our community in the back, in the neck because he had nothing better to do," said Assistant District Attorney Matthew Torbenson.

Mendoza, according to the complaint, is also charged with three counts of recklessly endangering safety for the alleged stabbings. The defense argued Tuesday that those counts be dismissed as they're not related to the death of McCree.

The parties agreed to a late November hearing to discuss whether to sever those charges.

As Mendoza's hearing was wrapping up, the father of Prince McCree was forced from the courtroom by sheriff's deputies. As they fought to restrain him, he said "You broke us Erik." He also yelled, "You know, you know me Erik."

Mendoza and his family shared a home with the McCrees, the same home where Prince McCree was killed, according to the complaint.

In a separate court, Pietura also made his initial appearance. The court set his bond at $500,000. Pietura's preliminary hearing will be held on Nov. 6.

Mendoza's preliminary will be scheduled following a motion hearing on the stabbing charges.


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