Man Who Confessed To Shooting At Mexicans With BB Rifle Gets Two Years In Prison

Robert Anthony Malczewski

Hate crime penalty enhancer dismissed for entering guilty plea by BB shooter under plea agreement.

By H. Nelson Goodson
January 26, 2011

Milwaukee, WI - On Wednesday, Milwaukee County Circuit Court Judge Richard S. Sankovitz sentenced Robert Anthony Malczewski, 35, to two years in prison and more than two years probation for shooting at Red Box movie rental customers. He was ordered to pay restitution totaling $800 to a female victim. Malczewski was convicted of firing a BB rifle at Hispanics while they rented movies from an outdoor machine at Walgreens, 2625 W. National Ave.
He was charged in September with disorderly conduct, use of a dangerous weapon, 2nd-degree reckless endangering safety, including a hate crime enhancer. Malczewski made a plea deal and pleaded guilty to two counts including a felony. In the plea agreement, the state dismissed the hate crime penalty enhancer on January 13.
The criminal complaint states, that Malczewski on July 25, shot a woman in the neck with a BB rifle. The woman and her boyfriend were renting a movie from the outdoor machine when they came under fire by Malczewski. Both are Latinos and Malczewski is White, according to the criminal complaint.
Police spotted Malczewski shooting a weapon from a second floor window in an apartment adjacent to Walgreens. When police arrested Malczewski, he told the officers that he was shooting at Mexicans.
Customers initially complained of being shot with some kind of weapon to the Walgreens manager on August 8, who then alerted police.

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35-year-old Man Charged With Hate Crime For Shooting BB Rifle At Mexicans Renting Movies From Outdoor Machine

Robert Anthony Malczewski, 35, charged with hate crime. Photo: Milwaukee County Sheriff's Department

Suspect when questioned told police he was shooting at "Mexicans" renting movies outside South side Walgreens

By H. Nelson Goodson
September 8, 2010

Milwaukee, WI - Last Saturday, the Milwaukee County District Attorney's Office (DA) charged Robert Anthony Malczewski, 35, from 940 S. Layton Blvd. with shooting at Red Box movie rental customers for a period of several months. Malczewski is accused of firing a BB rifle at Hispanics while they rented movies from an outdoor machine at Walgreens, 2625 W. National Ave.
He was charged with disorderly conduct, use of a dangerous weapon, 2nd-degree reckless endangering safety, including a hate crime charge. He remains in custody at the Milwaukee County Jail with a $30,000 cash bail.
A court appointed attorney tried to dismiss the hate crime charge, but the judge denied the motion and found there was enough evidence to hold Malczewski for further proceedings of charges by the DA's office.
Malczewski is expected back in court on September 13, for a preliminary hearing at 8:30 a.m., room 146 at the Criminal Justice Facility.
The criminal complaint states, that Malczewski on July 25, shot a woman in the neck with a BB rifle. The woman and her boyfriend were renting a movie from the outdoor machine when the came under fire by Malczewski. Both are Latinos and Malczewski is White, according to the criminal complaint.
On August 8, several customers complained to the Walgreens manager that they were shot at while renting movies. Police spotted Malczewski shooting a BB rifle at Red Box movie customers from a second floor apartment building adjacent to Walgreens. He missed some of the customers, according to the complaint.
When police encountered Malczewski at his apartment, he told them he was shooting at "Mexicans," but later recanted and said he was shooting at possums after he was arrested.

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