DA Clears Officers In Dec. 7 Shooting DeathIssue Date: January 10, 2018
After thorough investigation, Marinette County District Attorney DeShea Morrow has determined that the shooting death of a Virginia man in early Dcember by two officers of the Marinette City Police Department and two Marinette County Sheriff's Deputies was justified under the circumstances and no criminal charges will be brought against the officers.
In a Dec. 5 news release, Morow gave summary of the investigation and concluded,"The evidence clearly shows that the officers acted appropriately and in accordance with their professional training and proper legal standards in responding to deadly force being used against them."
At meeting of Marinette County Board's Law Enforcement Committee on Monday, Jan. 8, Sheriff Jerry Sauve said the officers have all been back on duty since 5 p.m. on Friday. They had been on administrative leave while the investigation was in progress. "I'm really happy about that," Sauve declared.
He summarized some of the investigative effots by various agencies, and expressed appreciation for all the time and effort people at all levels had put into the investigation.
He said almost immediately after the shooting the Wisconsin Department of Justice had sent two agents to investigate, and then a "a whole crew of high level people came in." Sauve said the State Crime Lab people were on their hands and knees in the snow, in bitter cold, seeking and finding possible evidence, such as shell casings. "We got a whole lot of help from state resources on that," he said of the overall investigation.
Morrow noted the Department of Justice Division of Criminal Investigation had conducted a thorough investigation of the incident. She said she had based her determination on the evidence contained in the DCI report, which not only includes witness statements, but also video from different squad cameras and physical evidence collected from the scene. The evidence clearly shows that the officers acted appropriately and in accordance with their professional training and proper legal standards in responding to deadly force being used against them.
According to the DCI report, in the early morning hours of Dec. 7, 2017, a subject armed with a gun threatened and pointed the gun at two occupants in a hotel in the City of Marinette. The Marinette police Department (MPD) and the Marinette County Sheriff's Office (MRSO) investigated this incident and developed a possible suspect. The suspect was only known as "J" or "Jesse," and was described as a white male, approximately late 30's to early 40's, 6'0" tall, wearing a camouflage jacket. A photo was obtained from the hotel security camera further describing this suspect. After investigating this incident, an address in Marinette County was identified to check for the suspect. Law enforcement officers from both the MRSO and MPD responded to the address to attempt to locate the suspect.
Upon law enforcement arrival at this location, a subject who matched the description of the suspect from the hotel incident was observed outside of that residence in the driveway. MRSO and MPD officers attempted to talk to the suspect. The suspect ignored MRSO and MPD dialogue, and fled westbound in the vehicle on STH 64. MRSO and MPD squads pursued the suspect, with emergency lights and sirens activated. The suspect lost control of the vehicle while attempting a turn. The suspect's vehicle was pinned in the ditch by Deputy Oginski, using his law enforcement squad, preventing the suspect from driving out of the ditch.
The suspect exited the driver's side door of the vehicle and turned towards Deputy Oginski and Officer Haemker while the suspect was armed with a handgun in his right hand. The suspect raised his gun, pointed the gun at both Deputy Oginski and Officer Haemker, and fired one round in the direction of Deputy Oginski and Officer Haemker. Deputy Elias and Officer Maye were also on scene. Officers fired their duty weapons at the suspect striking him. The suspect died from the gunshot wounds he received.
The suspect was identified as Jesse Cole Shuping. Mr. Shuping had moved to the Marinette County area from Virginia in October, 2017.
The Marinette County District Attorney's Office wishes to thank the Wisconsin Department of Justice for their assistance in investigating this matter.
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