Waukesha Alderman Payne found guilty after physically abusing his girlfriend's child

NOW: Waukesha Alderman Payne found guilty after physically abusing his girlfriend’s child

WAUKESHA, Wis. (CBS 58) -- A Waukesha alderman who faced criminal charges after physically abusing his girlfriend's child took a plea deal Thursday, Sept. 14. 

Fifteenth District Alderman Cory Payne, 40, was found guilty of two misdemeanor counts of battery and disorderly conduct. The judge reduced one charge that was originally a felony of child abuse.

The criminal complaint details an incident that took place back in February 2023 between Payne and his girlfriend. It alleges that Payne had "clearly been drinking," after asking him to leave her household, they got into an argument.

"At which point, the defendant followed the 8-year-old back into the hallway and struck her on the leg quite forcefully," read Molly M. Schmidt, the attorney in for state of Wisconsin. "'Victim A' reported that her daughter cried in extreme pain for approximately two to three minutes."

Payne was sentenced to one year probation, with a list of conditions including:

- AODA Assessment and follow through with any treatment recommended;
- Absolute Sobriety; Random U.A.'s;
- No use or possession of alcohol or controlled substances without valid prescription, or possession drug paraphernalia;
- Any valid prescription drugs must be taken only in manner in which they are prescribed; inform Agent of all such drugs;
- No presence on any premises whose primary business is serving or selling alcohol (i.e bars, taverns, or liquor stores);
- Follow through with any treatment and/or counseling recommended by Agent;
- No violent contact with the victims in this case;
- No use or possession of dangerous weapons (e.g., knives, firearms, etc).

"I'd ask the court to allow the agent to terminate probation early perhaps after 6 months if Mr. Payne is fully compliant," said Payne's Attorney Peter M. Wolff.

The judge agreed. The court also ordered a total of 59 days in jail if he doesn't abide by the judge's orders, and Payne is expected to pay $886 in court costs. The judge also addressed Payne's prior battery and DUI charge from the early 2000s.

"There are recurring issues in your past that popped up here," said Judge Arthur Melvin. "That tells this court there are challenges with substances and there are challenges with anger."

Payne said he is learning to be a better parent and an overall better person.

"I've raised these children now, for almost a better half of five and a half years," he told the judge. "I love them very much, I would never in my life try to intentionally harm any of them."

Payne's attorney said he is still with his girlfriend and the 'no contact order' against the minor has now turned into a 'no contact violence order.'

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