Wisconsin Court System
Wisconsin Attorneys' Professional Discipline Compendium
Public Reprimand of Karl M. Gebhard, Jr.
1998-3
Violation of SCR 20:8.4(b)
On September 9, 1996, Karl M. Gebhard, Jr., 34, Milwaukee, was sentenced in Waukesha County Circuit Court on criminal charges, after having been found guilty of those charges by a jury after a two-day trial in June, 1996. The charges were: felony aggravated battery, misdemeanor disorderly conduct, and misdemeanor criminal damage to property, all as a party to those crimes. He appealed the conviction, which conviction was upheld by the Court of Appeals on January 28, 1998. The Petition for Review filed with the Supreme Court of Wisconsin was denied on April 21, 1998.
On February 12, 1994, Karl Gebhard's two brothers became involved in an altercation with a group of men at an Oconomowoc tavern, and the brothers were asked to leave. About an hour later, a man on the opposing side of the dispute left the tavern and drove home with his wife. As they pulled into their driveway, a car pulled in behind them. The two brothers, joined by Karl Gebhard, got out of the second car and approached the couple's car. When the couple locked their car doors, one of the brothers smashed the glass on the driver's side of the man's car and pulled him out. When the two brothers began to beat the man, his wife got out of the car, but was restrained by Karl Gebhard, who held her against the garage door and covered her mouth while the other two hit and kicked her husband, who was on the ground at that point. The wife got free once, but was recaptured by Karl Gebhard. When she got free a second time, she ran to a neighbor's and called the police. The three brothers left the scene before police arrived, and, a short time later, the car was stopped and the occupants, Karl Gebhard's two brothers, were arrested. Karl Gebhard was charged at a later time. The man suffered various injuries, including a lacerated liver as a result of a broken rib.
Karl Gebhard denied being with his brothers at the scene, but the couple positively identified him at the trial. Karl Gebhard did not testify, nor did he call witnesses to support that he had an alibi as was alleged to the Board. He was placed on probation for three years, with the condition that he serve 125 days in jail on work release, pay restitution to the victim, and participate in treatment programs. The Board found that Gebhard had committed a criminal act that reflected adversely on his honesty, trustworthiness, or fitness as a lawyer in other respects, in violation of SCR 20:8.4(b). The Board noted that Karl Gebhard had not been the subject of prior discipline.
Based upon the above misconduct, the Board of Attorneys Professional Responsibility has determined to publicly reprimand Attorney Karl Gebhard, Jr.