KENOSHA - A man accused of fatally shooting a sheriff's deputy had been drinking, using drugs and was angry at his wife and doesn't remember shooting at a deputy, according to a criminal complaint filed Friday.
Ezeiquiel Lopez, 44, of Kenosha, was charged with first-degree intentional homicide in Kenosha County. He's accused of shooting Deputy Frank Fabiano Jr. after Fabiano stopped him van at about 11:35 p.m. Wednesday in Somers.
According to the sheriff's department, Fabiano pulled over a red ‘95 Chevy Astro van for a traffic violation in a subdivision south of County Hwy. E and east of State Hwy. 31.
University of Wisconsin-Parkside Police Officer Jimmie Spino, who was Fabiano's backup, heard Fabiano ask Lopez to get out of the van, heard two shots and then saw Fabiano fall, according to the complaint.
Spino, 64, then fired his pistol and Lopez continued to fire and then ran from the van along a line of trees, the complaint said.
The Somers Rescue Squad rushed Fabiano to St. Catherine's Medical Center, where he was pronounced dead about 50 minutes later.
Lopez’s vehicle remained at the scene. Numerous officers searched the area with the help of many other area law enforcement agencies. Two police helicopters and several K-9 units also assisted in the manhunt.
Officers said Lopez was considered armed and extremely dangerous. A telephone message was sent out on the "missing child alert system" and area residents were asked to secure their homes and remain indoors, the sheriff's department said.
After a three-hour manhunt, deputies arrested Lopez at the Woodcreek apartment complex's parking lot about a mile away. He still had a gun but was arrested without incident.
Lopez was treated at Kenosha Memorial Hospital because he complained of pain in his hand from a puncture wound. Lopez had an Illinois identification card that said he was Ezequiel Quintero, the complaint said. Lopez was taken to the county jail but returned to the hospital later after complaining of chest pains.
Fabiano previously served in the Marine Corps. and was married for 14 years to wife Amy. The couple has a 7-year-old daughter.
Fabiano, a decorated, 17-year department veteran, was previously shot in the line of duty in August of 1999 for which he received a Purple Heart. He also made a dramatic fire rescue in May of 1991 for which he received a Silver Star.
Kenosha County Sheriff David Beth said that just 36 hours prior to the incident he was at a memorial service to honor officers killed in the line of duty. Beth told all of his deputies to try to keep their names form being added to the list of those lost. He said the last deputy killed in the line of duty was in 1991.
The Fabiano family is remembering Frank as a hero. "He died in the line of duty. He was doing his job good. He was just doing his job and he lost his life," his aunt Maria Fabiano said.
Friends say Fabiano chose to work the overnight shift because it gave him time for his passion - golf. He just bought his daughter a set of clubs so he could teach her how to play this summer.
A memorial fund has been set up at all Southport Bank locations in Kenosha County. The money will be given to deputy Fabiano's daughter.
Watch raw Chopper video from the scene Thursday morning
Watch the full press conference from the Kenosha County Sheriff's Dept. Thursday morning
Sheriff's Dept. News Release
Lopez is an illegal immigrant with a long criminal record. He has several aliases and several Social Security numbers. He was not wanted on a warrant nor did he have any drugs on him.
When interviewed, Lopez said he was upset on Wednesday because he claimed his wife had an affair.
"The defendant said that he had been drinking tequila, bought a .380 pistol for $300 from what he described as a gang member and also bought and consumed about $200 worth of cocaine," the complaint said.
He also said he didn't initially stop his van for Fabiano because he thought he had been in an accident. Lopez said "he cannot recall shooting at any officers," the complaint said.
Fabiano had three gunshot wounds, including at least one to the head that killed him, the complaint said.
A judge set Lopez's bond at $1 million Friday. A hearing to determine whether the case should go to trial is scheduled for May 29.
(The Associated Press contributed to this report)
