On September 2, 2023, on East Brady Street in Milwaukee, Paul Prediger, formerly known as Gaige Grosskreutz, was ran over by a 31-year-old Milwaukee man named Marvin Thomas. According to Prediger, he was able to learn the identity of the driver of the vehicle, which was not immediately known to police. On September 20, 2023, Thomas was charged in Milwaukee County Circuit Court with Felony Hit and Run – Great Bodily Harm and Knowingly Operating A Motor Vehicle While Revoked – Cause Great Bodily Harm. Thomas faced 30 years in the Wisconsin Prison System if convicted. Prediger is widely known for being the only man shot by Kyle Rittenhouse to survive.

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Defense attorney Lori Ann Kuehn and Milwaukee County Assistant District Attorney Stephan Eduard Nolten cut a deal the morning of trial, which irritated Prediger. He was, after all, preparing to tell a jury of strangers that he was run over, resulting in the tearing in all of the ligaments in his neck, cracking of his teeth, breaking his shoulder, breaking half of his ribs, a broken wrist, collapsed lung, and lacerated liver.

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Thomas was sentenced on July 22, 2024 by Milwaukee County Circuit Court Judge Kori Ashley, a Governor Tony Evers (D) appointee and the daughter of Milwaukee’s Chief Judge, Carl Ashley. Ashley violated Marsy’s law and the open seatings in court statutes and constitutions provisions by calling the case 32 minutes early. She then undercut the generous plea deal by giving Thomas only two-and-a-half years in prison, reducing the agreed-upon prison of four years by 40%.

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Prediger showed up to the sentencing hearing on time and with friends. He was shocked and angered to learn that the sentencing was conducted without him having the chance to speak before sentencing and have his victim impact statement affect the sentence.

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Prediger sent a letter to the court saying in part:

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“Dear Judge Ashley,

I am writing to formally express my deep concern and dissatisfaction with the handling of the recent court case, 2023CF004275, in which I was the victim, on 07/22/2024. Specifically, the fact that the court case was called 32 minutes earlier than the scheduled time. This unexpected change deprived the public of their right to be present during the hearing and violated my rights as a victim to participate and speak at the defendant’s sentencing hearing. I received no notice from the prosecutor about this schedule change and was outside your courtroom well in advance. I contacted the Victim Rights Advocate several times that morning, as I had every intention of being present for the defendant’s sentencing hearing. My assistance and cooperation throughout the entire 10-month process, including providing the evidence necessary to arrest and charge the defendant, should have demonstrated my commitment to this case and its  outcome.

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As a victim, my right to be heard during sentencing is protected under Marsy’s Law. This law “ensures that victims of crime have equal, constitutional rights on the same level as those accused and convicted of crimes”. It also “ensures that victims have the opportunity to provide input, express the impact of the crime, and participate in the judicial process”. Calling this case 32 minutes earlier than scheduled, without advance notice to me, unfairly denied me this crucial opportunity to exercise my rights..”

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With that, Judge Ashley held a hearing yesterday, July 29, 2024 to allow Prediger to speak. Both her and the prosecutor acknowledged the Marsy’s Law violation. Judge Ashley stated in court “…the victim was still deprived of an opportunity to speak at the hearing, which is his right under Chapter 950, as well as, now, our Constitution, with regard to Marsy’s law. It shouldn’t have happened. It did happen. I scheduled this hearing promptly… A terrible thing happened to the victim in this case that should not have happened.”

In court yesterday, Thomas had on two medical masks and looked back at Prediger only once. He wore two medical-style N95 masks, which Prediger speculated may have been due to shame.

Prediger finally got the chance to speak to the man that nearly took his life. Prediger read in court from a prepared statement that he shared with KCE:

“I only want to take a brief moment of the court’s time since the defendant has decided to waste all of ours for the past ten months. To put this into context, let’s all imagine Brady Street on a warm, summer weekend night, bustling with music and people along the street. Those lovely memories are shattered when a careless driver prioritizes their own desires over the lives of those around them. We saw this with Arne Bast and Quincy Alexander. Unfortunately, one lost their life, but neither will ever know who hit them, much less have that person face justice. Last year, at the end of summer, Marvin, you decided to not only injure me but also put the lives of everyone else on the road in jeopardy. How do I know? Because I found you. Despite you tearing every ligament in my neck, cracking my teeth, breaking my shoulder, breaking half the ribs on the side you drove three tons of metal into, despite you breaking my wrist, collapsing my lung, and lacerating my liver (that means cut, in case you’re unaware), despite all of this, I got out of the hospital standing tall and tracked you down from the moment you got in that car all the way back to where you parked it.

I was determined to find you, not only to hold you accountable for what you have done to my body but also for the pain and trauma you put my friends and family through. All of this is overshadowed by the fact that you robbed me of my privacy and safety. It’s no secret that I changed my name, but what many people don’t know is I did so because of harassment and stalking from law enforcement agencies across the state, including the Milwaukee Police Department.

When you left me to die in the street after running me over and dragging me 30 feet, the responding police officer failed to keep my information confidential, despite a legal obligation to do so. This led to Jessica McBride, a right-wing blogger, in her usual invasive fashion, discovering my new name and disrupting the quiet, normal life I was trying to live. You have jeopardized my life twice now.

To add insult to injury, you and your girlfriend tried to conspire and hide what you had done and even went as far as to taunt me on the internet, referencing the Rittenhouse shooting. You’re 30 years old, a multiple-count felon who can’t obey the rules of the road, much less society. You drive your girlfriend’s car, you have no job, and now you are going back to prison. Guess what I’m going to do? I’m going to enjoy the warm sunshine, spend time with my family and friends, go fishing, and not give you another thought, as should no one else.”

Prediger closed by asking for a re-sentencing. Neither the prosecutor nor the Judge allowed a new sentencing, despite Prediger not being in court.

Prediger agreed to an interview after court by KCE. Prediger said that the leniency that the judge showed Thomas was “kind of a slap in the face to me… It is, but I think more so it’s a slap in the face to the community because reckless driving is definitely an issue here in Milwaukee, and I think what I was trying to illustrate with my impact statement was that not many people have the opportunity to see their, I guess, assailant, whatever you want to call it, in court. A lot of people are just hit and ran on the road and left to die, and nobody knows who did it…Martin Thomas, the defendant, has multiple priors for burglary, multiple OWIs, driving while revoked.”

A local criminal defense attorney told KCE that unfortunately, the judge can’t be sanctioned for a violation of Marsy’s law by the Victim’s Right’s board – only the Wisconsin Judicial Commission can sanction her. As for starting the hearing 32 minutes early, the Judicial commission could discipline Judge Ashley for that violation as well.