Neenah man charged with battery
By Robert Cloud
Waupaca police arrested a protester Saturday, Aug. 1.
A Black Lives Matter march that started in downtown Waupaca around 2 p.m. resulted in a felony arrest on Harrison Street around 3:15 p.m.
Police say the protester was carrying a loaded gun, kicked and bit an officer, and refused to comply with police requests to stay out of the road.
Matthew L. Banta, 23, Neenah, is charged with second-degree reckless endangerment with a weapon, two counts of battery to an officer, resisting an officer and disorderly conduct with a weapon.
The officer was not identified in the criminal complaint and organizers have not responded to requests for comment in time for publication.
Shortly after 2 p.m. Saturday, Aug. 1, a group of 20-30 people gathered in downtown Waupaca.
Police reported about five of the protesters were open carrying long guns, which is not against the law.
Marching in the street is also not against the law if it does not impede traffic.
Protesters marched from Main Street onto West Fulton Street.
They were in the roadway and several vehicles were accompanying them.
“The speeds were estimated at 5 mph and they were impeding traffic,” according to the criminal complaint.
Waupaca Police Capt. John Helgeson said officers advised the protesters to stay on the sidewalk, rather than in the roadway.
He said police gave multiple warnings not to block traffic.
“All we were trying to get was compliance,” Helgeson said. “We weren’t trying to stop the protest, we were trying to avoid them getting hit by cars.”
Traffic stop
The march turned north onto Harrison Street and police stopped and cited one of the vehicles for impeding traffic.
Police say the protesters began to gather behind the stopped vehicle.
They were told to step back behind the fog line.
Banta, who police said was carrying a semi-automatic long gun, approached an officer.
The officer told Banta he would be arrested if he remained in the street.
When Banta refused to move, the officer reached for Banta’s arm to take him into custody.
A blurry video of the incident has been posted on Facebook. Although the video has been widely shared, the Waupaca County Post has been unable to identify the original source.
Neither Banta nor the officer can be clearly identified from the video and there is no sound, but the sequence of events can be seen to unfold.
Banta ran away from the arresting officer and down into the ditch.
The officer reached for Banta’s backpack.
As Banta turned, he raised his gun and appeared to point it toward the officer.
Banta fell onto his back, then can be seen kicking the officer.
As Banta stood up, the officer threw him to the ground and held him down.
Banta reportedly bit the officer during their struggle on the ground.
According to the criminal complaint, “The rifle appeared to be loaded, had a bullet in the chamber and Banta had an 8-inch straight-blade knife in a sheath on his belt.”
Banta was released from custody after posting a $10,000 cash bond.