RACINE, Wis. — No Racine Police Officers will face charges after a man died during a shootout with the officers on May 22, 2023, according to the Wisconsin Department of Justice.
The DOJ released findings from its investigation Monday from the May incident where officers shot and killed 38-year-old Timothy Burgess following a traffic stop near 6th and Howland.
The report is over 700 pages long and includes dozens of videos from local surveillance, body camera, dash camera and cell phone videos.
According to the report, Mt. Pleasant Police were called to a domestic disturbance where shots were fired. Investigators learned Burgess had gotten into an argument with his wife and fired several shots at her. She was never hit.
Just before midnight, Racine Police spotted Burgess' green Range Rover and attemped to pull him over. He ran from police and ended up in a field at Clayton Park in extremely thick brush and trees.
Surveillance footage shows Burgess in the brush as officers direct commands over a loudspeaker for him to get out with his hands up.
"Crawl out of the bushes, Timothy," An officer yelled over the loudspeaker. "Crawl out. Roll out. Get out of those bushes."
Burgess complained of injuries to his legs and arms that wouldn't allow him to move.
"My [expletive] leg is broken and my arm," Burgess said. "I don't have any weapons."
Burgess asked for help from officers due to his apparent injuries. Though, one officer is heard saying he saw Burgess stand up just before he complained of the injuries.
Roughly 15 minutes later, a five-person team of officers approach Burgess with a K-9 and behind shields. As the group enters the brush, officers command Burgess to put his hands in the air. Burgess can be heard on dash and body camera footage as they approach.
"Alright, man," Burgess said. "Okay, okay."
Immediately after, drone footage shows Burgess pull a handgun from his right side and fire two shots at officers before officers return fire. According to the investigative report, there are roughly 80 shots fired during the 7 seconds from the first to last shot.
Body camera footage from one of the approaching officers shows a chaotic scene as they all stumble to the ground, looking for safety and returning fire at Burgess. All of the officers regroup and return to the vehicle to check for any injuries.
Reports say no officers were injured.
For over an hour after the shooting, officers call over the loudspeaker for Burgess to show his hands. When interviewed, one officer recalled hearing groans from where she last saw Burgess in the brush.
According to time stamps on the dash camera video, at 1:52 a.m., over an hour and 20 minutes after the shooting, another group of officers in a Bearcat approach where Burgess was hunkered down. As officers approached Burgess, one of them noted he had a gun in his right hand. Officers were able to secure the gun and place handcuffs on Burgess.
Burgess was pronounced dead on scene, according to the report.
The DOJ issued the following statement on Monday, July 24: "Recently, Racine County District Attorney Patricia Hanson issued her decision regarding the death of Timothy Burgess, which occurred on May 22, 2023 in the City of Racine, Wis. The district attorney determined there will be no criminal charges for involved law enforcement."
While no charges will be filed against the officers involved, Racine Police say it will now conduct an internal investigation to see if any policies or procedures were violated. There is no timetable for when a decision will be made.
According to previous TMJ4 News reporting citing the DOJ, Mount Pleasant police were called for a shots fired report. Several hours later, Racine police pulled a driver over.
WATCH: Racine officials provide update on deadly traffic stop
The DOJ says the driver got out, ran away on foot, and hid in a wooded area near 6th and Howland. Around 12:30 a.m., officers demanded the person come out and surrender. Police say the person refused. When officers approached, the person allegedly started firing a gun "towards" the officers. The officers returned fire, hitting and killing the person.
The officers involved were placed on administrative leave, per department policy.
WATCH: Neighbor Kenny Ray Sinsun captured this video of the fatal officer-involved shooting in Racine.
Officials say the incident was captured on body camera footage, squad cameras, and on a drone. All video is being turned over to the Wisconsin Department of Justice (DOJ) Division of Criminal Investigation (DCI).
No officers were injured.
The state DOJ is investigating the incident.
The family of the man killed identified him as 38-year-old Timothy Burgess.
His sister, Latrice Burgess, said he'd gotten out of prison six months ago and was now reconnecting with family. Court records show he did time for felony convictions.
She said her brother had just helped their mother move into an apartment about a block from where he was shot.
"Mama, I'm sorry this happened, that you had to hear rounds of bullets, while you son was out there being shot around the corner," said Burgess.
Burgess said she doesn't know what happened in the park early Sunday morning.
"I was at work. But if I was here, I would've told my brother, don't run. Stand and comply. And we deal with the aftermath later," said Burgess. "We'd rather see you living to become an old man than die."
Burgess said the family wants to view video now held by the state as evidence. She also said she regrets not reconciling sooner with her brother over some family issues.
"Timothy, I'm sorry," Burgess said. "I should've respect your choice. I wish I could hug you over again and tell you that. But it's too late."
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