WAUKESHA — Cher Milakovich is filing a lawsuit against Waukesha Police Chief Dan Thompson and the four officers involved in the death of her husband.
Back on April 9th, Waukesha police say they were responding to a theft-in-progress call at the Carmax on the corner of Kossow and Bluemound Roads.
They believed that 50-year-old Christopher Milakovich had broken into a car at the dealership, and so they began to follow him. The officers used verbal commands to try to de-escalate the situation.
Police say he made a gesture like he was reaching for a firearm.
That's when officers opened fire, shooting Christopher multiple times and killing him.
If the suspect would have complied, this would not have happened," said Chief Daniel Thompson back on April 9.
The lawsuit says that even if Milakovich made a movement that was arguably consistent with drawing a gun, the defendants had no reason to suspect he was armed or was going to hurt anyone.
Cher says they were staying at a Waukesha hotel to have some time away from their family when he went for a walk to smoke in the early hours of Tuesday morning.
In April, our Rebecca Klopf spoke with Milakovich's wife just days after the shooting.
"He had no weapon. None. He had a phone, an ID, cigarettes, and a lighter," said Cher Milakovich.
Waukesha police confirmed that Milakovich was unarmed.
The lawsuit alleges the officer's use of deadly force was excessive, and the report of an eyewitness claims the officers stood by and watched him die without rendering aid, which violated the 50-year-olds constitutional rights.
Cher Milakovich is seeking compensation and a trial by jury.
Four officers were placed on administrative leave for the shooting as standard procedure, but Chief Dan Thompson maintains the officers did nothing wrong.
TMJ4 reached out to the Waukesha Police Department for a comment.
Attached is the full lawsuit below:
Milakovich Lawsuit by TMJ4 News on Scribd
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