Man who brandished gun outside bar sent to jail

A 23-year-old Port Washington man who brandished a gun he was prohibited from owning while ranting about the Black Lives Matter movement outside a Belgium bar in August 2020 was sent to jail Monday.

Austin S. Ryan was sentenced by Ozaukee County Circuit Judge Paul Malloy to two years in prison followed by two years of extended supervision, but the judge stayed those sentences. That means Ryan will only go to prison if he violates the conditions of his probation.

Malloy placed him on probation for three years and, as a condition of probation, ordered him to serve one year in the county jail.

Ryan pleaded guilty in September to possessing a firearm after being found delinquent, a felony, and a misdemeanor count of disorderly conduct with the use of a dangerous weapon. 

At that time, District Attorney Adam Gerol recommended that Ryan be sentenced to 18 months in prison and 36 months of extended supervision. 

The case dates to Saturday, Aug. 8, 2020,  when Ozaukee County sheriff’s deputy Jamison Tauer was flagged down by several people in the parking lot of Kyote’s Bar and Grill in Belgium who told him that Ryan pulled a gun during an argument.

A woman said she was outside the bar smoking a cigarette when Ryan began yelling at her about the Black Lives Matter movement. She said Ryan swore at her and said he was going to beat her, then made a phone call in an apparent attempt to persuade other people to come to the bar, saying, “It was going down,” according to a criminal complaint.

Ryan then walked to his truck to retrieve his .40 caliber Springfield handgun, which he held until the deputy arrived but did not point at anyone, according to the complaint. 

When approached by Tauer, Ryan admitted to getting into an argument with the woman and putting his gun in the bed of his pickup truck when he saw the deputy. Ryan said that during the argument he retrieved his gun from his truck because he felt threatened, the complaint states.

A preliminary breath test showed Ryan, who according to witnesses was yelling “Beer lives matter” and “Black lives don’t matter,” had a blood alcohol level of 0.138, according to the complaint. A level of 0.08 or higher is considered evidence of intoxication.

Tauer found the gun in the bed of Ryan’s truck. It had 11 rounds in the magazine and one in the chamber.

As a juvenile, Ryan was found delinquent for stealing a car, according to the complaint. Because that crime would have been a felony if he committed it as an adult, Ryan is prohibited from possessing firearms.

Ryan was also charged with possessing a firearm while intoxicated, but that charge was dismissed as part of a plea agreement.

While on probation, Ryan must maintain absolute sobriety and cannot go to bars.