WATERTOWN, Wis. — Watertown police officers involved in the deadly shooting of an allegedly armed suspect two months ago will not be charged, according to our partners at WMTV.
The Wisconsin Department of Justice revealed the news on Tuesday. Jefferson County District Attorney Monica Hall explained in her decision that Officer James Simon, who the suspect, and Officer Nathan Zubke, who also fired his weapon, were lawful and reasonable acts in defense of themselves and others.
Hall explained, “Wisconsin law allows all persons, including police officers, to use deadly force in an act of self defense or defense of others if the person reasonably believed that he or another person face an unlawful interference that created a risk of death or great bodily harm. If, as here, the person’s actions are privileged under the law of self-defense/defense of others they cannot be convicted of any crime.”
- PREVIOUS REPORTING: Armed suspect dead after being shot by police near a Watertown school
The incident occurred on Wednesday, Oct. 18. According to the DOJ, Watertown Police Department officers responded to a call regarding damage to an apartment around 11:17 a.m.
A male suspect, identified as Justin Whitten, fled the apartment before police arrival. Whitten was later found in a parking lot on Tower Drive. The DOJ says he turned towards law enforcement with a handgun and at least one officer discharged their firearm.
Lifesaving measures were performed, but Whitten was pronounced dead at the scene. No one else was injured.
The fatal shooting took place in the parking lot of Luther Preparatory School. School officials say the incident didn't involve any student, faculty, or staff. School dorms were briefly put on lockdown.
A neighbor said they heard two gunshots.
“I ended up buying a house in Watertown and wanted to get away from the city a bit more because I thought it would be a safer place but bad things can happen anywhere,” Morgan Prost shared.
The involved officers did have body-worn and squad cameras. They were placed on administrative leave, per policy, following the incident.
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