Milwaukee police look to change policy after Bobbie Lou Schoeffling domestic violence case

Ashley Luthern
Milwaukee Journal Sentinel

The Milwaukee Police Department is considering broadening its internal definition of domestic violence and updating how it makes referrals to the county's Domestic Violence High Risk Team in response to the case of Bobbie Lou Schoeffling.

Police officials mentioned the possibilities before the city's Fire and Police Commission, the civilian oversight board, while explaining the ongoing reviews into Schoeffling's repeated calls for help before she was shot and killed last summer.

The two reviews came after the Journal Sentinel published an investigation last month that found police, probation agents and prosecutors missed the full scope of an escalating series of domestic violence allegations in the final 10 months of Schoeffling's life. The man she had accused of abuse had two open warrants unrelated to domestic violence during that time, but was not arrested until after her death. He is now charged with homicide.

"We recognized from the Bobbie Lou Schoeffling case that there were system gaps between the Milwaukee Police Department and other entities that we work with to build cases," Heather Hough, the department's chief of staff, told the commission Thursday.

"And one of the ways we address those gaps and have better partnerships and collaborations is through a process called the sentinel review," she added.

Read the investigation:Police had a warrant to arrest the man she accused of abuse. But they didn't. Now she's dead.

The Milwaukee Homicide Review Commission will lead the process involving all agencies who had contact with Schoeffling, not just Milwaukee police. In the past, such reviews have led to recommendations on policies and practices. The review is expected to start in one to two months — a timeline that seemed too long for one Fire and Police Commissioner.

"If it's so important, it's just feeling rather loose right now regarding the urgency, because … we don't want another life to be lost," Dana World-Patterson said. "So the urgency, I want to feel that."

Assistant Police Chief Paul Formolo said he would stress the urgency to Constance Kostelac, who leads the Homicide Review Commission from the Medical College of Wisconsin. He acknowledged the process was reactive.

"Would this have happened absent the media report? Most likely not. However, I think it is an opportunity for change and to improve these information gaps and policies," Formolo said.

Two changes to MPD policies under consideration

The department already has identified some potential gaps to fill, Formolo said.

For example, in at least one instance, Schoeffling had declined officers' offer to put her in touch with a domestic violence advocate, saying she had already spoken to one. Under the victim-rights statute known as Marsy's Law, the department does not give referrals to local advocacy groups if a victim declines on scene.

Formolo said one idea is to automatically refer any domestic violence victim who declines to speak with an advocate to the county's Domestic Violence High Risk Team.

"We're not violating Marcy's Law, because we’re going from law enforcement to law enforcement," he said. "So then you have a period of time, a cool-off period, where then the officer can have contact with that victim and maybe we can get them connected with those resources.”

Hough said the department also is considering updating its standard operating procedure on domestic violence. The policy currently defines domestic violence as the same as state law — meaning it involves people who are or have been married, who have a child together or who live or have lived together.

"But there’s intimate partner violence where either you don't live together or you don't admit you live together, and we're taking a look is that something we can enhance our SOP by adding more to it than what the statute requires for domestic violence-related responses? And that's all ongoing right now," Hough said.

The department also is undertaking an administrative review of Schoeffling's interactions with Milwaukee police personnel, including officers, dispatchers, and their supervisors.

"I say administrative review — it is an investigation," Inspector Craig Sarnow said, adding: "The investigation does look at everything. We balance that against the code of conduct and we balanced it against the SOP, as well as any other policies or core values that would apply."

Members of the Fire and Police Commission are expected to participate in the sentinel review to gather the facts of the case and use that to guide any action they take. The commission has oversight over department policies, practices and discipline.

One commissioner pointed out domestic violence has been a longstanding issue, despite improvements in policy, training and partnerships.

"The circumstances of this particular case really speak to the situation where a victim of domestic violence knows what's going on, reports it, comes forward, has the courage to come forward and then gets no support," Miriam Horwitz said.

"And that's what's so devastating about it," she added. "This isn't rocket science. This isn't something that's just come up lately. It's been going on for decades. Decades."

Where to find help

  • The National Domestic Violence Hotline is 800-799-7233.
  • The Sojourner Family Peace Center in Milwaukee operates a 24-hour confidential hotline at 414-933-2722.
  • We Are Here Milwaukee provides information on culturally specific organizations at weareheremke.org.
  • The Women’s Center in Waukesha has a 24-hour hotline at 262-542-3828. 
  • The Asha Project, which provides culturally specific services for African American women and others in Milwaukee, provides a crisis line from 9 a.m. to 4 p.m. at 414-252-0075.
  • The UMOS Latina Resource Center in Milwaukee offers bilingual, bicultural, domestic violence, sexual assault and anti-human trafficking supportive services and operates a 24-hour hotline at 414-389-6510.
  • The Gerald L. Ignace Indian Health Center offers culturally sensitive, trauma-informed services for those who have experienced domestic or sexual violence and can be reached at 414-383-9526.
  • Our Peaceful Home, which serves Muslim families and is a program of the Milwaukee Muslim Women’s Coalition, operates a crisis line at 414-727-1090.
  • The Hmong American Women’s Association, which serves the Hmong and Southeast Asian community, has advocates available at 414-930-9352 from 8 a.m. to 4:30 p.m. Monday through Friday.
  • End Domestic Abuse Wisconsin has a statewide directory of resources at endabusewi.org/get-help.

Contact Ashley Luthern at ashley.luthern@jrn.com. Follow her on Twitter at @aluthern.