Minutes before Marlon Allen was shot to death in the hallway of his apartment building on Dec. 4, he left a neighbor’s home with Edward Pendleton Jr.
According to Pendleton — who was charged Tuesday with first-degree intentional homicide for Allen’s murder — he fled the building after a masked gunman shot Allen.
However, prosecutors, based on interviews, allege that Pendleton shot Allen.
In court Tuesday for his initial appearance, Pendleton, 57, of Kenosha, appeared frustrated by the charges.
“I need to know why....” Pendleton began to ask loudly before the court commissioner cut him off.
“You don’t need to know anything. You need to listen,” Commissioner Larry Keating said.
Keating told Pendleton to speak to his defense attorney for any questions.
“I can’t speak?” he asked, before his defense attorney leaned in to talk to him quietly.
Shot five times
According to the criminal complaint, Kenosha Police were called to an apartment building at 3514 50th St. at 4:20 a.m.
They found Allen, 43, lying in the hallway bleeding. He had a slight pulse when officers arrived, but died at the scene. An autopsy showed he had been shot five times in the back.
Four people told police they had been with Pendleton in an apartment on the second floor, two of those people saying Pendleton had purchased $50 in cocaine when he arrived.
That group said Allen had stopped by to visit, and when he left after about 10 minutes, Pendleton went with him.
About two minutes after the men left, they told police, they heard gunfire from the hallway.
They said they looked out about a minute later and saw Allen lying alone in the hallway.
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The complaint states that 12 shell casings were found in the hallway, and a 9 mm handgun was found in a bucket in an apartment in the same hallway where Allen’s body was found. Testing showed the bullets fired in the hallway came from that gun.
Six people in other apartments on the second and first floor reported hearing gunfire, then hearing a “single set of footsteps running from the scene,” according to the complaint.
Another resident said she looked out and saw a red pickup truck she had often seen at the building fleeing at high speed.
According to the complaint, in multiple interviews with police Pendleton said he had been in the building that night and said “a masked gunman began to shoot at Mr. Allen.”
He said he ran to his truck and left, and admitted stopping at a friend’s house shortly after leaving the scene.
“The defendant admitted that, other than interacting with (his friend) seven minutes after witnessing a shooting ... he did not call 911 or anyone else and that he wiped his phone of all incoming and outgoing contacts and changed his clothes,” the complaint states.
“This is an incredibly circumstantial case,” said defense attorney Kristyne Watson.
She noted that the case was based entirely on people saying they saw Pendleton with Allen before the shooting.
“This appears to be a large apartment complex with a lot of people in it,” she said, indicating there was no physical evidence tying Pendleton to the shooting or the gun.
Pendleton was arrested the same day as the homicide. He was held on a temporary bond until charges were filed Tuesday. Keating continued that bond at $700,000.
Allen’s shooting death was one of two homicides in less than 24 hours in Kenosha last week.
On Dec. 5, 25-year-old Osiel Jaimes-Estrada was killed and his 19-year-old brother seriously injured in a shooting in a home in the 4000 block of 14th Avenue. That homicide remains under investigation.