AND I’M NOT FULL OF SHOOT!

Welcome to Blog 23

261. In Blog 5 and Blog 14, we took you on the journey of the culprits of the St. Patrick’s Day shooting, Devin Franklin & Jaylon Brown. In this blog we will share information on the case of Todd Gerald Peterson, the non shooting shooter from May 26, 2022.

Here’s a quick recap of the events.

He came for drinks on the evening of May 25, 2022. He was chatting with another patron when the conversation got heated. The patron moved to the other end of the bar and Peterson was asked to leave by the bouncer. At this time, Peterson was attempting to leave with a drink in his hand and was asked to leave it inside. He then threw the drink at the bouncer. He was escorted outside through the Tower Avenue door where he struck the bouncer in the face with his closed fist. Two patrons in the back lot saw him come around the rear of the building stating he wanted to kill the bouncer. Peterson then walked away from the back lot and headed towards Cobblestone Hotel. Shots rang out and the two patrons went into the Palace. A 911 call was placed and all the doors were locked. Peterson was arrested in the Cobblestone parking lot by SPD shortly after. 

262. The initial police report, 16 pages in total, on Peterson was forwarded to us in May 2022 by our lawyer. You can find that in Blog 1, #42. The report stated it was incomplete at the time.

As we dug through the police reports that were requested from the SPD in the Spring of 2023, the same report from that case came with only 7 pages, with page 5 missing. Thinking that was odd, I requested page 5 from the Chief. As per usual, the Chief was prompt in sending us our request. This time, the police report was 17 pages. Hmmmm…what do we have here?

Added to the police report was a conversation between Detective Coffman and Peterson in Douglas County jail approximately 11 hours after his arrest.

In the supplementary police report it stated that Todd Peterson was a truck driver for Old Dutch. He was in Superior as a drop off delivery driver that day. He was staying at the Cobblestone Hotel 2 doors down from the Palace and would be heading back to the Cities the next morning. This explains the fact that Palace Bar staff had never seen him before as he was from out of town. Peterson had decided to go to Anchor Bar for a burger and beer at the end of his work day. He admitted to bringing his weapon to the Anchor Bar as he felt the area was risky after dark.

Peterson admitted to the detective that the smart choice to make was to drop his gun off in his hotel room before going to Palace Bar for a few more drinks. He chose not to and proceeded to Palace Bar with the unloaded gun in one front pocket and the magazine in the other.



So we have Peterson knowingly breaking the law of carrying a weapon when entering both Anchor Bar and Palace Bar.

263. Todd Peterson was charged with the following in the early morning hours of May 26, 2022.

1) 2nd Degree recklessly endangering safety – Statute 941.30(2)

Modifier: use of a dangerous weapon – Statute 939.63(1)

2) Battery – Statute 940.19 (1)

3) Operate firearm while intoxicated – Statute 941.20(1)(b)

4) Carry handgun – alcohol sold/consumed – Statute 941.237(2)

His initial appearance before the Court was on May 27, 2022 via video in custody.

A non guilty plea was entered for all 4 counts and a request for a preliminary hearing.

The State asks for $5,000 cash.

No use or possession of alcohol. No frequenting establishments who's primary purpose is to serve or sell alcohol. Do not possess any firearms. No contact with Victim 1 or the Palace Bar.

Status conference scheduled for June 13, 2022

Preliminary hearing is scheduled for June 15, 2022

Cash bond set $5, 000

Actual bond posted May 28, 2022.

264. On June 13, 2022, a Notice of Retainer had been received by the Court plus a letter from Peterson’s attorney with Request for Continuance.

Prior to the Preliminary hearing date the defendant requested a “Demand for Discovery & Inspection”.

If you are a defendant in a criminal case, you can demand discovery and inspection from the prosecutor to get an idea of what evidence the state will use against you. This aids in preparing a defense against the charges. Also a request to the Prosecutor was submitted for blood draw analysis.

Preliminary hearing scheduled for July 6, 2022

Peterson appears in Court with his attorney along with the State.

Court finds probable cause that a felony was committed and binds over for an arraignment. Peterson is reminded of bail and the conditions surrounding it.

Arraignment is scheduled for September 26, 2022.

Prior to the arraignment date, a “Pro Hac Vice” application is submitted to the Court.

“Pro hac vice admission” is a legal term that refers to the permission granted to an attorney who is not licensed to practice law in a particular jurisdiction to participate in a specific case in that jurisdiction. 

I’m merely speculating here but I believe the reasoning behind this is because Peterson is a resident of MN, using a lawyer who isn’t licensed in WI and his felony/misdemeanors happened in Wisconsin. Additionally, a letter to the presiding Judge requests a “Zoom Hearing” for the said arraignment. Arraignment date arrives. Peterson and his attorneys appear via video. State attorney appears in Court also. 

A plea of not guilty is entered and a request for Status conference. All parties agreed.

Status conference scheduled for November 28, 2022.

265. Status conference date arrives. Peterson and his attorneys appear by video. State attorney appears in Court also. The State defers to the defense. The defense requests another status conference in 45 days. This is granted.

Status conference scheduled for January 23, 2023.

Status conference date arrives. Peterson and his attorneys appear by video. State attorney appears in Court also. State has made an offer and asks for another Status conference. Defense asks for status in 45 days.

Status conference scheduled for March 13, 2023.

Status conference date arrives. Peterson and one attorney appear by video. State attorney appears in Court also. Court calls the case. The State has had contact with the defense and requests another Status conference.

Status conference scheduled for April 3, 2023.

Status conference date arrives. State attorney appears in Court also. Court calls the case. The Court reviews correspondence between both parties requesting a continuance.

A continuance is an extension to the time granted to the parties involved in a legal proceeding before or during their trial. The time is used to prepare their cases and negotiate deals.

Status conference scheduled for May 22, 2023.

Status conference date arrives. Peterson and his attorneys appear by video. State attorney appears in Court also. Court calls case. The state indicates a counter proposal has been sent to the Defense and requests a late June status conference.

Status conference scheduled for July 10, 2023.

266. Status conference date arrives. A plea hearing has taken place as well as a Judgment of Conviction.

Todd Peterson and one attorney appear by video. State attorney appears in Court also. The Court calls the case. The State indicates that the matter has been resolved. The Defendant pleads to Count 1, 2 & 4. Count 3 will be dismissed but read in.

On Count 2 & 4, Peterson pleads “No Contest” – meaning a plea is made when the defendant does not want to admit guilt, yet does not dispute the charges. Therefore he is found Guilty due to a no contest plea.

The Court imposes a withheld sentence for 2 years of probation. The conditions of probation included time served in jail 3 days, programming as deemed necessary by the Department of Corrections, maintain absolute sobriety, no use or possession of a firearm and $100 fine plus court costs.

On Count 1, a deferred prosecution or sentence.

Deferred prosecution is a type of plea bargain where the defendant does not plead guilty nor is a guilty plea entered by the Court. The prosecution agrees to defer, or postpone, the prosecution of the crime for a set period of time after which the case is reviewed and either dismissed or prosecuted. The defendant agrees to live by a certain set of rules or terms during a time period that the judge specifies. If the person fulfills these requirements without incident, the case is dismissed. In Peterson’s case, it’s a 24 month period. The case is held open and a review for deferred prosecution is scheduled for July 2025.

267. So in summary, we have a guy who made a series of really stupid choices. Selfish, stupid choices. No respect for his employer as technically he was on a work trip. No respect for all people he came across that night. He caused grief and added to people’s frustration namely Palace Bar ownership, staff and patrons. He deserved more than a deferred prosecution and 2 years probation. Stay on the straight and narrow road and you’ll be fine! Here’s a few rules to follow, be good for 2 years! But this is our justice system. It’s hard to believe in a system that continually lets you down. It’s even harder when the Mayor of Superior, Jim Paine, uses this against you to close you down and halt your livelihood. 

See you on the next Blog.

Brian