Lawyers for the 99-year-old survivor want investigative records before deciding whether to take legal action against the city.
MILWAUKEE, Wis. — Attorneys representing a 99-year-old Milwaukee woman attacked inside her home are demanding more records from the city as they consider possible litigation over an emergency response that took nearly three hours to reach her.
The woman, identified publicly only by her first name, Shirley, was attacked July 27 after a man allegedly forced his way into her south-side home. A medical alert company contacted Milwaukee’s Department of Emergency Communications twice while the incident was unfolding, but first responders were not sent until Shirley called 911 herself hours later. The handling of the calls led to an internal city investigation and the departure of two emergency call takers.
Attorney Christopher MacGillis of MacGillis Law Group said Wednesday that no lawsuit has been filed. He said his firm is still gathering information about how the calls were classified, how employees were trained and supervised, and what happened inside the emergency communications center before police and medical crews were finally dispatched. MacGillis said the firm wants the city’s investigative records before determining what legal claims, if any, may be appropriate.
The first calls came through a third-party medical alert service shortly after 5:15 a.m., according to accounts released by the city and news organizations that obtained 911 audio. Despite information suggesting a physical confrontation was occurring, the early calls did not produce an immediate response. Shirley later contacted 911 directly at about 7:50 a.m. and reported that she had been attacked. Emergency crews were then sent to the home.
MacGillis said the family believes the delayed response points to problems beyond the actions of individual call takers. He has raised questions about training, supervision, call classification and whether the city’s procedures were adequate to recognize the seriousness of information coming from the medical alert company. The attorneys said their broader goal is to understand why the first reports did not result in responders being sent to Shirley’s home.
The Milwaukee Department of Emergency Communications completed its internal investigation in August. Director Tony Bueno acknowledged that the department failed Shirley. Two call takers involved in the incident resigned in lieu of termination, and another employee was expected to receive additional training. The department also announced additional training and performance expectations aimed at preventing a similar breakdown.
Some investigative material has not yet been publicly released. Bueno said employees named in the investigation must be given an opportunity to review findings before records can be released. MacGillis said the absence of those files leaves the family without a full account of the decisions made during the nearly three-hour period between the first request for help and the arrival of responders.
Any potential case against the city could involve significant legal hurdles. Wisconsin law provides governmental entities and public employees with broad protections against many civil claims and generally limits damages in certain actions against government bodies or employees. Attorneys interviewed by local news organizations have said a federal civil rights claim, if supported by the facts, could raise different legal questions. MacGillis has not announced what type of case, if any, his firm would pursue.
Prosecutors have charged 23-year-old Joseph Macias in connection with the attack. He faces three felony counts, including battery to an elder, first-degree reckless injury and burglary. The charges are allegations, and Macias has not been convicted. The criminal case is separate from questions surrounding the city’s handling of the emergency calls.
Shirley remains in rehabilitation nearly two months after the attack. Her attorneys said Wednesday that their immediate focus is obtaining the remaining city records and establishing a clearer account of how the emergency response failed. The city has acknowledged mistakes, but the complete investigative record had not been made public as of Thursday.
Author note: Last updated September 3, 2026.