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Intentional homicide charges filed against man accused of double-murder, stabbing of Green Bay officer

Oscar Fernando Lemus Franco has been formally charged with multiple felonies.
Oscar Fernando Lemus Franco has been formally charged with multiple felonies.(Brown County Sheriff's Office)
Published: Oct. 28, 2020 at 7:35 PM CDT
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GREEN BAY, Wis. (WBAY) - Court documents show additional charges have now been filed against a man who is accused of killing two people in late September as well as stabbing a Green Bay Police Officer while being arrested.

According to a criminal complaint, two counts of First Degree Intentional Homicide, Use of a Dangerous Weapon, as well as one count of Attempt First Degree Intentional Homicide Use of a Dangerous Weapon, have been filed against Oscar Lemus-Franco, 28, of Green Bay.

As Action 2 News previously reported (see related story by clicking here), Brown County prosecutors initially filed five charges against Lemus-Franco on September 30.

Those charges included:

  • First Degree Recklessly Endangering Safety, Use of a Dangerous Weapons – Felony
  • Mayhem, Use of a Dangerous Weapon – Felony
  • Battery to a Law Enforcement Officer, Use of a Dangerous Weapon – Felony
  • Knowingly Flee/Elude or Attempt to Flee/Elude an Officer – Felony
  • Obstructing an Officer - Misdemeanor

The homicide charges were just filed Wednesday afternoon when Lemus-Franco made his initial court appearance.

A complaint obtained by Action 2 News lists the new homicide charges, as well as the charges of battery, fleeing/eluding an officer, and obstruction listed on a previous complaint, however it is not clear if those charges are being amended due to the second complaint not listing Mayhem or first degree recklessly endangering safety.

The state requested a cash bail of $1,000,000, and no contact with any witnesses in the case. The defense didn’t argue bail during Wednesday’s hearing, but has the reserved right to argue about bail in the future.

In addition, the defense team requested an adjourned initial appearance in two weeks. Another hearing is scheduled for 2 p.m. on November 11.

As Action 2 News first previously reported, two men were shot to death the night of September 28 on Clement Street, located near University Avenue in Green Bay.

A complaint obtained by Action 2 News states a 911 call was made shortly after 8:30 p.m., with dispatch saying there was a boy covered in blood, and the caller didn’t know what happened.

The complaint says when police found the men deceased, one on a stairwell, and one in the kitchen.

The man in the stairwell was identified in the complaint by the initials of J.A.L., while the man found in the kitchen was identified as G.V.A.F. As previously reported, family members told Action 2 News the names of the victims were Jaime Lemus, 30, and Gerson Alvarez, 37.

RELATED: Family member identifies men who were shot and killed in Green Bay

When police arrived, the complaint states a woman came down the stairs as they walked in, and was on the phone saying the man was upstairs. Officers directed the woman, identified as DAW, to stand outside by the vehicles.

Officers then saw a larger man walk downstairs from upstairs, and is identified as AMM. He was also directed to step outside to the vehicles.

Eventually, officers spoke with DAW, who didn’t give a written statement, but told police she heard three to four thumps upstairs just before the time of the call, which had been about 20 minutes beforehand. She told police she knew her neighbor, later identified as Jaime Lemus, had kayaks and thought they were being moved around. She then told police, according to the complaint, that she heard two men talking to each other, but didn’t know what they were saying, before hearing one person run down the stairs.

Documents state DAW then told police she went upstairs to see if her neighbors were okay, but since there wasn’t any noise and couldn’t see anyone, she returned to her apartment.

About five minutes later, the complaint states DAW heard what sounded like someone gasping, and went back upstairs, where she saw Lemus, on the stairs covered in blood.

The complaint states police then asked AMM if he would complete a written statement, and he told police yes. DAW then said she would also provide a written statement after AMM provided one.

Documents go on to say AMM had just returned home from the grocery store and heard shouting while in his bedroom, adding the voices were male, but couldn’t identify them because he was the farthest away from the hallway in his bedroom.

AMM told police after about 30 seconds of quiet, he heard four to five thumps which sounded like sharp objects hitting the wall, and then heard what sounded like a person running down the stairs and going out the front door. He added he didn’t hear any vehicles start or drive away, and then heard the downstairs neighbor open her door and should if everyone was okay.

The complaint goes on to say AMM then got out of bed to see if everything was okay as well. While looking out his peephole, the complaint says he told police he could see his neighbor’s door open halfway, and saw a man’s legs on the landing of the stairs and a torso on the stairs, and could also see blood on the back of the man’s shirt as well as the door frame. That was when he said he called 911, and went out to the stairs to check on the man, where he said he saw a gun.

AMM told police he then went back inside of the apartment, but the dispatcher told him to go back out and perform CPR. He then tried to pull the man up by his ankles, but couldn’t, and seconds later, he said police arrived.

DAW then told police she looked out of her window after hearing someone run down the stairs and saw a person with a medium build run to a car parked by the mailboxes. The complaint states DAW wasn’t able to tell police what kind of car it was, or anything specific about the car, but knew the person ran to the driver’s seat and pulled away.

The complaint says two women arrived at the scene and wanted to talk to police. One of them, identified as YLF, told officers her brother, Jaime Lemus, lived in the building, and was worried he may be involved in the incident, adding Jaime was supposed to pick up her mother from work at 9 p.m. but never showed up.

YLF then said a friend gave her mother a ride home, where she discovered the bathtub overflowing, and wet clothes belonging to her other brother, Oscar, laying around the apartment. That’s when police told the women Jaime and YLF’s cousin, Gerson, were dead.

The complaint goes on to say YLF spoke with police, saying her mother believed Oscar Lemus-Franco killed Jaime and Gerson, adding Oscar had been making statements that “he talks to God and that God tells him to kill people and that he won’t get in trouble for it.”

YLF added Oscar had a gun, and her mother told her the gun was missing from the apartment she shares with Oscar. In addition, her mother said Oscar had bullets lying around a bedroom. YLF told police both she and her mother had been trying to call Oscar, but he wasn’t answering his phone.

After showing Oscar’s mother a picture of the gun found at the scene, it was identified as Oscar’s gun, and their mother gave police consent to search her apartment.

Multiple items were collected at the apartment, including several 7.65 caliber bullets, two phones, a computer tablet and a computer tower as evidence.

An autopsy done on Jaime found four gunshot wounds, two to the right arm, one to his right flank, and one to his upper back area. His death was ruled as a homicide.

The autopsy done on Gerson found two gunshot wounds - one to his upper left back shoulder area, and the other to the top of his head. His death was also ruled a homicide.

Early the following morning, officers were out looking for Lemus-Franco when his vehicle was spotted. Police then began following the vehicle, which was being driven by a man matching the description of Lemus-Franco.

Eventually, a traffic stop was initiated, and Lemus-Franco didn’t stop, according to the complaint, therefore a chase began. Police described Lemus-Franco’s driving as reckless, nearly crashing several times, before eventually crashing in the median of North Broadway and Dousman Street.

The complaint states his car landed right next to an officer who yelled multiple times for him to show his hands.

The officer then stated Lemus-Franco “jumped out and looked at the officer with a thousand yard stare, and then charged at the officer.”

Police say the officer “squared up and readied for physical contact”, and Lemus-Franco “swung his arm and punched” the officer before running away, however the officer then chased after him, unaware the punch to his face was actually him being stabbed.

According to the complaint, multiple officers had to take Lemus-Franco into custody safely, which happened roughly nine hours after the shooting.

Police found Lemus-Franco was bleeding extensively due to a self-inflicted stabbing on his wrist. Officers then began helping him, and put two tourniquets on his severed wrist.

Police say they then found Lemus-Franco had two knives.

The officer who was stabbed didn’t realize he had been slashed in the face until after Lemus-Franco had been taken into custody, and when a fellow officer told him he was “bleeding profusely from the face and jaw area”, and saying it was “evident he was in shock.”

Yet another officer described the slashing as cutting the officer from “his right eye, across the face, through his lips and down into his collar bone area.”

Court records show the officer who was injured had to be treated by a plastic surgeon and stitches.

Lemus-Franco was watched by police while being treated for his injuries at a Milwaukee area hospital while murder charges were filed.

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