No charges for officers involved in Germantown fatal school shooting

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Washington County District Attorney Mark Benson announced in December 2023 that no criminal charges will be filed against law enforcement officers involved in a fatal October 2023 school shooting.

As previously reported by the Wisconsin Law Journal, Germantown Police fatally shot a man in the Kennedy Middle School parking lot, as 50-70 children were inside of the school, possibly saving dozens of lives, preventing a further incident inside of the school.

The Wisconsin Department of Justice (DOJ) Division of Criminal Investigation (DCI) investigated the officer(s) involved fatal shooting, according to Wisconsin DOJ officials, which is standard protocol in a situation involving any law enforcement agency in Wisconsin.

Authorities said at or around 6:36 p.m. on Monday, October 23, 2023. Germantown Police Department responded to a report that a man was acting erratically in the Middle School parking lot.

According to footage supplied by Broadcastify, several neighboring law enforcement agencies responded to calls for an active shooter.

After Germantown Police Officers arrived on the scene, they noticed the man climb onto the roof of the school. Two police officers pursued on foot.

Officials say the male subject then discharged a firearm at the police officers while he was on the roof. Police say they then returned fire.

A third officer also discharged their firearm, Wisconsin DOJ officials noted.

The man died on the scene after sustaining gunshot injuries from police. Authorities say they attempted to apply first aid, but the suspect succumbed to his/her injuries.

Authorities say the man has no known relationship to the community or school and was driving a vehicle with out-of-state plates that broke down and was at a nearby car repair business.

Authorities say additional members of the public and law enforcement were not injured during the fatal shooting.

“This is believed to be an isolated incident and there no danger to the public. All interactions with the subject occurred outside of the building,” Wisconsin Department of Justice officials said.

Authorities said, “At the time of the incident, approximately 50-70 students were inside the school. Parents can be reunited with those students at MacArthur Elementary W154N11492 Fond du Lac Avenue in Germantown, Wisconsin. Questions regarding this process can be directed to the Germantown School District.”

According to the Wisconsin Department of Justice, the officers involved in the fatal shooting  had been placed on administrative leave, per agency policy.

DCI lead the investigation and was assisted by Wisconsin State Crime Laboratory, the Wisconsin State Patrol, a DCI Crime Response Specialist, and members of the DCI Digital Evidence Unit.

Wisconsin DOJ noted, all involved law enforcement fully cooperated with DCI during this investigation.

DCI reviewed all evidence and determined the facts of the incident and turned over investigative reports to the Washington County District Attorney upon conclusion of the investigation.

Back in October, Germantown School District officials released the following statement:

Dear Families,
This message is to inform you that there will be no school for Germantown School District tomorrow, Tuesday, October 24th. Germantown High School coaches and advisors will reach out to their teams in the morning regarding practices and games; off-campus post-season competitions will continue at this time.
We are continuing to work closely with the Germantown Police Department concerning the incident this evening at Kennedy Middle School. All students, families, and staff that were in the building are safe, accounted for, and have been reunited with their families and loved ones. We will communicate more information tomorrow, October 24th, as we work with the Germantown Police Department.