MADISON (WKOW) — The Dane County District Attorney has found a Dane County Sheriff's Office deputy is not liable for a deadly shooting of a wanted suspect in Oregon.
The shooting took place on October 23. Dane County Sheriff's Office Deputy Clint Seltzner shot Jose Jimenez, a man suspected of committing several weapons violations in the days prior to the shooting. Jimenez died at the scene.
Dane County District Attorney found "no potential criminal court liability" for Seltzner in a decision released Friday.
According to Dane County District Attorney Ismael Ozanne's decision, Seltzner's not liable because Jimenez raised a gun at him.
“A handgun is a dangerous weapon and poses a grave danger of bodily harm and/or death to an individual. A person who points a firearm at police does pose a threat of great bodily harm and/or death to the officer,” said Dane District Attorney Ismael Ozanne. “Responding to that threat with deadly force is permitted under the law.”
Ozanne said authorities responded in Oregon after a 911 caller reported a man had held his wife at gunpoint before running away.
Deputies identified the suspect as Jimenez and found him near a place where he had been staying. When Seltzner got out of his squad, Ozanne reports Jimenez raised a gun in the direction of Seltzner.
Ozanne said Seltzner fired his handgun four or five times, but kept his distance from Jimenez until help arrived. When help arrived, they found a loaded hand gun near Jimenez.
Jimenez was treated by EMS on the scene, but lifesaving efforts were unsuccessful, according to Sheriff Kalvin Barrett.
Soon after the decision came down, Barrett released a statement.
“Having an officer-involved critical incident in a close-knit community like Oregon is difficult for all involved and the community as a whole. Our deputies are trained to provide for the safety of the public and provide care and compassion to the community they serve. I want to thank the Oregon Police Department for their assistance during this incident. I also want to thank DCI and the District Attorney’s Office for their detailed review of the investigative materials in this case,” Kalvin Barrett said.
The sheriff's office will now begin its own administrative review of the incident.
You can read about all officer involved critical incidents in Wisconsin on the Wisconsin Department of Justice website.
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