Victim Named In Cheesecake Factory Shooting: Report

GLENDALE, WI — Authorities in Milwaukee County say the man who was shot and killed outside the Bayshore Town Center last Sunday tried begging for his life before he was shot and killed as he tried to run.

Jose Aviles Hernandez, a 25-year-old Milwaukee man, has been arrested and charged with first-degree intentional homicide-use of a dangerous weapon in the shooting death of 30-year-old Daniel Colon.

According to Glendale Police, officers were sent to the U.S. Bank Parking lot on the 5800 block of North Port Washington Road just after 8 a.m. Sunday, Jan. 26 on a report of a shooting.

Police said Colon died at the scene. Police said Aviles Hernandez and Colon's girlfriend knew each other and were co-workers at the Cheesecake Factory near the Bayshore Town Center.

Police say they questioned multiple witnesses. According to the criminal complaint, a man who was waiting for the bus near the Bayshore Town Center told police he saw Aviles Hernandez point a red-and-black handgun at Colon. He overheard Colon beg for his life, saying, "please don't, please don't," before Aviles Hernandez shot and killed him, the criminal complaint stated.

When police questioned Colon's girlfriend, she told police that she parked in the Cheesecake Factory parking lot to begin that day, when Colon parked next to her and entered her car. The woman told police that she and Colon got into an argument over her relationship with Aviles Hernandez according to a criminal complaint filed in Milwaukee County.

Authorities say Aviles Hernandez parked nearby, and walked over. Colon got out of the car and confronted Aviles Hernandez, the girlfriend said. According to the criminal complaint, Aviles Hernandez told Colon that "he could not prevent he and [the girlfriend] from being friends," the girlfriend told police.

Police said Colon got a tire iron from out of his girlfriend's car, walked over to Aviles Hernandez' car, and used it to smash out the windows of Aviles Hernandez' car, the criminal complaint stated.

Police said the girlfriend followed Colon over to Aviles Hernandez' car to confront him over his actions. According to police, as Colon and his girlfriend got into another argument, Aviles Hernandez pulled out a gun and shot him.

According to the criminal complaint, the witness who was waiting for the bus told police that the Colon begged for his life before trying to run, only to have Aviles Hernandez fire five or six gunshots. Colon fell to the ground, and Aviles Hernandez put the gun in his waistband and walked away, the witness said.

Authorities say Colon suffered three gunshot wounds, and later died from his injuries. The Milwaukee County Medical Examiner's office says he suffered two gunshots in his back and one that traveled through his arm before passing through his chest.

If he is convicted, Aviles Hernandez faces up to 40 years behind bars. He's currently being held in the Milwaukee County Jail on a $150,000 cash bond. He is due back in court on Feb. 7 for his preliminary hearing.