MADISON, Wis. – The Dane County District Attorney’s Office announced Monday that there will be no potential criminal court liability for the officers who were involved in a fatal shooting on Raymond Road in October.
According to the news release, no officers will be charged.
Police originally responded to a weapons violation on Oct. 27. Dean G. Thomas, 64, was armed and shooting at officers when they arrived. Officers said they gave Thomas commands to drop his weapon, and when he did not comply, a responding officer shot him.
Thomas died from his injuries.
The release said evidence included statements of officers at the scene, findings from the Dane County Medical Examiner’s Office, scene diagrams and evidence collection that was consistent with one another.
“In this incident the officers were faced with a subject who was armed with a handgun, and who was not responding to commands while advancing upon them before firing in the officers’ direction,” said Dane County District Attorney Ismael Ozanne. “Responding to that threat with deadly force is permitted under the law.”
Under Wisconsin law, anyone is allowed to use deadly force in response to a genuine fear of deadly force to that person or anyone else. The release said the officers were compelled to use deadly force when Thomas advanced and shot at the officers with a handgun and had not complied with commands to stand down.
Officials said three officers were involved, including Sergeant Ryan Gibson, an 18-year veteran with the Madison Police Department.
The other officers included Sonny Martinez, an 11-year veteran of MPD, and Justin Nelsen, a five-year veteran of MPD.