Kenosha police officer threatens to take child to CPS following Applebee's arrests: 'Then you don't get the child'

Attorneys are raising questions about the actions of a Kenosha police officer as he interacted with the grandmother of the child whose parents were arrested inside of an Applebee's after being mistakenly identified as suspects in a nearby hit-and-run crash.

Bodycam footage of Officer Kevin Roepke obtained by the Milwaukee Journal Sentinel shows a tense exchange between Roepke and the child's family, including the child's grandmother, Tekesisha Boyd.

At one point, Roepke said the child would be going to Child Protective Services unless the family begins "cooperating" with him after a family member tells Roepke to not talk to them. Family members request to speak to a sergeant, to which Roepke responds, “Then you don’t get the child. ... It can go to (expletive) services.” Roepke then walks into the restaurant and away from the family.

Kenosha Police spokesperson Leo Viola said Roepke's use of protective services as a threat to Boyd, 44, and her family was inappropriate, but that the incident was not cause for an investigation or suspension.

Kenosha police were at the Applebee's off Highway 50 and Green Bay Road on July 20 following a hit-and-run crash nearby where the suspects ran from the scene into the restaurant. Police mistakenly identified Jermelle English and Shanya Boyd as the suspects. The people believed to be the actual suspects were in the bathroom of the restaurant.

Ultimately, English, 24, and Shanya Boyd, 22, who were at the restaurant with their 1-year-old son, were forcefully arrested and their child was taken from them. The incident led to national media coverage, as Kenosha District Attorney Michael Graveley's office charged English and Shanya Boyd based on other actions.

After the confrontation inside the restaurant, prosecutors charged Boyd with resisting an officer, disorderly conduct and possession of marijuana. English was charged with resisting an officer and disorderly conduct. A final pretrial hearing is scheduled for February.

Their son was transported to a hospital as a precaution where Child Protective Services responded, confirmed and evaluated family members, and placed the child with a relative after conducting a home visit, according to police. The family of the boy said he was back with family by 2 a.m.

Roepke 'let his emotions get the best of him,' police say

"Officer Roepke attempted to ask the family members for their information so that he could pass along that information to CPS," said Viola, the spokesperson. "The family was clearly agitated and refused to provide that information. CPS won’t release a child to unidentified people for good reason.

"Officer Roepke clearly became frustrated by the lack of cooperation and let his emotions get the best of him in that moment. He was counseled on that fact, took ownership of his outburst and made a commitment to handling confrontational individuals better in the future."

Viola said Kenosha police policy requires officers to be courteous and respectful to members of the public.

The Wisconsin Department of Children and Families declined to comment on this specific case, saying the department was not in a position to comment on the actions of law enforcement. Officers are mandated reporters for the child welfare system.

Lawyers say the CPS threat likely violates police policy but not law

Nate Cade, a criminal defense attorney in Milwaukee who handles civil rights and employment claims for those victimized by authorities, said that Roepke should be suspended for three days without pay.

"The statements made by the officer were highly unprofessional," he said, adding that based on his experience in cases, Roepke should have been suspended in addition to the two Kenosha officers who were suspended in connection to the incident.

"An officer should never threaten a witness for any reason, let alone with a baby involved or threaten to have the baby placed with authorities because a witness would not answer the officer’s questions," he said. "I do not believe this reaches the level of termination, but certainly discipline and it should be noted in the officer’s employment file."

Craig Mastantuono, a Milwaukee criminal trial lawyer, said the exchange raised red flags for him too.

"Obviously, this situation was tense, but officer training and best practices advise a de-escalation and certainly not a profane threat or retort to take kids into protective services when the officer is not immediately met with the desired response from a stressed citizen," he said.

Emil Ovbiagele, one of the attorneys for a case that just saw a federal jury award a man $2 million after being shot by Milwaukee police in 2014, said the Kenosha exchange was a "highly volatile situation, likely made worse by some of the actions of the officers, in part, that led up to the situation."

But Roepke likely had the legal authority to place the child in CPS temporarily, according to Ovbiagele.

"Generally, officers are allowed to remove a child from their parents or guardians under specified circumstances where they affect the child’s safety and welfare," Ovbiagele said. "One of those circumstances is in emergency situations, like where a parent is arrested, and there is no immediate caregiver available. In these circumstances, the child could be placed with CPS temporarily."

"Obviously, the treatment of the individuals and the actual sequence of events that followed could have been better handled. This is not to make light of the responsibilities and difficulties of the job of being a law enforcement officer. Nevertheless, officers are afforded a great deal of latitudes and protections in terms of how they conduct themselves and do their jobs.

"It is also important that citizens cooperate with officers whenever possible even in escalating situations. This is not to say, under the totality of the circumstances, things couldn’t have been done better. It could."

Viola, the police spokesperson, said, "This was an isolated incident for Officer Roepke, who does not have a history of treating others this way."

Roepke was one of two officers suspended for five days unpaid in 2021 for using excessive and unreasonable force.

According to a story from the Kenosha News, Roepke and another officer deployed their Tasers on a 77-year-old woman for refusing to follow commands. The woman took authorities on a low-speed pursuit and eventually exited the vehicle appearing confused.

English is being represented by New York-based Alex Spiro, who was hired by rapper and media mogul Jay-Z in August. When reached for comment Tuesday, Spiro had a one-word response — "troubling." Graveley did not immediately respond to a request for comment.

Drake Bentley can be reached at DBentley1@gannett.com.