RE: Deputy Todd Neumann; Deputy Jeffrey Shaw; Deputy Wayne Blanchard; and Deputy Garth Frami

Transcription

1 WISCO:-;SlN Walworth County Sheriff's Office Highway NN Elkhorn, WI District Attorney Daniel A. Xccci District Attorney RE: Deputy Todd Neumann; Deputy Jeffrey Shaw; Deputy Wayne Blanchard; and Deputy Garth Frami Joshua P. Grube Deputy District Attorney Dianc ~1. Donohoo HaleyJ. Rea Assistant District Attorneys Loretta s. ~Ieinel Amy L. Los Yictim/\\'itness Sen'ices Dear Sheriff Graves: On June 13, 2013, four Walworth County Deputy Sheriffs were involved in an incident requiring their use of deadly force and, ultimately, resulting in the loss of a life. As District Attorney for Walworth County, I am responsible for the task of determining if an inquest should be ordered pursuant to Wisconsin law. Wisconsin Statutes section ( 1) provides in pertinent part as follows: If the district attorney has notice of the death of any person and there is reason to believe from the circumstances surrounding the death that felony murder, first-degree or 2 nd degree intentional homicide, first degree or 2 nd degree reckless homicide, homicide by negligent handling of a dangerous weapon, explosives or fire, homicide by negligent operation of vehicle, homicide resulting from negligent control of a vicious animal or homicide by intoxicated user of a vehicle or firearm may have been committed, or that death may have been due to suicide or unexplained or suspicious circumstances, the district attorney may order that an inquest be conducted for the purpose of inquiring how the person died. Judicial Center ISOO County Road ~ PO Box 1001 Elkhorn. WI tel fax The above is my clear charge, and, in preparation for rendering a decision as to whether an inquest is required under ( 1), I have reviewed all available and pertinent evidence including every photograph taken by both Walworth County Deputies and Wisconsin Department of Justice - Division of Criminal Investigation

2 Page #2 Special Agents, including those of the scene, the physical evidence, and of the subsequent autopsy. I have further reviewed every audio recording including radio traffic and witness statements; all written statements from witnesses; all reports prepared by D.C.1. Special Agents; and reports from the Waukesha County Medical Examiner's Office and the Wisconsin State Crime Lab. Additionally, on the morning of and throughout the day of June 13, 2013, I personally observed both incident scenes and all present evidence with D.C.I. Special Agents. Herein, I address each Deputy Sheriff's actions individually. On June 13,2013, at approximately 2:00 a.m., Kathleen Krubert of N7248 County Road 0, Elkhorn, WI 53121, awoke to noises outside of her home, saw a human figure on the porch, and heard screaming which she recognized as that of her son, Jeremiah Krubert, d.o.b. 3/2/1974. Ms. Krubert asked Michael Boyd, who also resided at the aforementioned residence, to arm himself with a firearm as she feared for their safety based upon Jeremiah Krubert's past struggles with mental illness. Ms. Krubert attempted to dial 9-1-1, but had no reception. Jeremiah Krubert entered the residence forcefully and went upstairs where he attacked Michael Boyd with a metal pipe causing him serious injuries despite the fact that Boyd was able to gain control of the pipe during the fight and deliver some blows to Jeremiah Krubert as well. Kathleen Krubert escaped the residence and managed to get a brief call connected to Walworth County Dispatch only communicating her name and address. Kathleen Krubert got into her black Dodge pickup and reversed down her driveway until she struck a flower pot and decorative light post which rendered the truck unable to proceed any further. Kathleen Krubert then went across the street to MJB Landscaping, took a truck and trailer and fled the area to a friend's residence and again called Deputy Sheriff Todd Neumann Deputy Sheriff Todd Neumann was on 3 rd shift patrol on June 13, 2013, when he received a report from dispatch of "son trying to enter residence." Neumann began to respond in squad #8 and saw

3 Page #3 from his computer that other squads were responding as well from greater distances. As Neumann approached N7248 County Road 0, he attempted to release his squad rifle and, at that moment, saw the rear taillights of a truck attempting to leave the residence and spinning its wheels over a flower pot and broken decorative light post. Neumann then came to an abrupt stop, saw a white male behind the wheel of the truck, later identified as Jeremiah Krubert, and immediately attempted to engage him. As Neumann closed the distance between himself and the truck containing Krubert, Krubert exited the truck and approached Neumann holding a large blade knife in a threatening manner. Neumann immediately began commanding him to stop but Krubert refused. Neumann discharged his handgun multiple times, but an unknown number of times. Krubert did not stop approaching with the large knife. Neumann began to move backwards away from Krubert, continued to command Krubert to "Get down," and experienced a mechanical failure of his handgun. Krubert continued to approach and now began to say "Kill me, kill me." Neumann, while moving backwards, tripped over an electrical box in the yard of N7248 County Road 0. Mentally preparing for mortal combat, Neumann drew his baton. Krubert ran past him, entered Walworth County Sheriff's Office squad #8 and drove off. Neumann got to his feet and attempted, unsuccessfully, to run after squad #8. He then immediately informed other Deputies that Krubert had taken squad #8 and that his long guns were unsecured in the vehicle. Neumann then approached the home at N7248 County Road 0, saw a fire in the kitchen, presumably started by Jeremiah Krubert, before exiting the residence. Neumann then shut off the gas line to the house eliminating the kitchen fire. Neumann then went on to perform further police duties. Deputy Sheriff Jeffrey Shaw Deputy Sheriff Jeffrey Shaw was on 3 rd shift patrol on June 13,2013, and received a dispatch call regarding a woman whose son had broken into her home with a knife and was going to kill her boyfriend. Shaw was in contact with Deputies Neumann and Blanchard and planned to meet Blanchard at Highway and Jackson Road where they would approach the residence at N7248 County Road 0, Elkhorn, WI on foot.

4 Page #4 Shaw pulled up behind Blanchard at the prearranged location, began to exit his squad and heard multiple gun shots. Blanchard then entered Shaw's squad #7 and approached the residence. Upon arriving, while Blanchard attempted to exit the squad, Shaw saw another squad race past his and "they bo"th determined that the suspect was probably in "the squad "they had just seen. Shaw then confirmed this information with Neumann and began to chase after Neumann's squad #8 being driven by Jeremiah Krubert. Shaw and Blanchard chased Krubert southbound on Highway O. Shaw saw Sergeant Anhalt join the chase at Highways 0 and A, and next caught up to Krubert when he stopped his squad on Millard Road. After approximately 15 seconds, Krubert took off and Shaw pursued him. Shaw saw Krubert drive squad #8 through the "T" intersection of Millard and Pierce Roads and into a farm field where it hit farm equipment and came to a stop. Shaw drove his squad #7 into the field approximately 50 yards "from Krubert in squad #8. Shaw saw Krubert get out of the vehicle on the driver's side, saw that Krubert was holding a gun in his hands and yelled, "He has a gun, He has a gun." Shaw, armed with a squad rifle, yelled to Krubert to "Drop the gun." Shaw saw the pressure-switch light, installed on all WCSO shotguns, go on and saw Krubert appearing to attempt to chamber a round. Shaw then fired his rifle once at Krubert and saw Blanchard, who was next to him fire his rifle at Krubert as well. Shaw saw Krubert fall to the ground. Shaw then heard Deputy Frami approach from the rear and pass his location. Shaw saw Frami handcuff Krubert. Shaw then secured his rifle in the trunk of squad #7 along wi"th "those of Blanchard and Frami. Deputy Sheriff Wayne Blanchard Deputy Sheriff Wayne Blanchard was on 3 rd shift patrol on June 13, 2013, when he responded to a dispatch call regarding "son with a knife." While responding, Blanchard received information that a son with a knife was still in the house at N7248 County Road 0, Elkhorn, W Blanchard unlocked his squad #5 rifle and chambered a round. Blanchard decided that he would meet with Deputy Shaw at a prearranged location and approach the residence on foot.

5 Page #5 Blanchard reports that he left his squad with his rifle slung on his back and, as Deputy Shaw arrived, he heard gun shots from a pistol coming from the direction of N7248 County Road O. Blanchard joined Shaw in Shaw's squad #7 and approached the residence. Blanchard exited squad #7 and heard Deputy Neumann yell that the suspect, Jeremiah Krubert, had his squad. Blanchard then saw Jeremiah Krubert drive past him at a high rate of speed in squad #8 and nearly collide with squad # 10 and Deputy Frami. Blanchard reentered squad #7 with Shaw and gave chase to Krubert. Krubert came to a stop, at which point Shaw came to a stop as well, approximately 7 yards behind squad #8 and Krubert. Krubert then took off again and Shaw, with Blanchard, remained in pursuit. Blanchard saw Krubert drive squad #8 through the "T" intersection of Millard and Pierce Roads and into a farm field where it hit farm equipment and came to a stop. Shaw drove his squad #7 into the field approximately 50 yards from Krubert in squad #8. Blanchard saw Krubert get out of the vehicle on the drivers side, and saw that Krubert was holding a gun in "port arms position." Blanchard, armed with a squad rifle, saw the pressure-switch light, which is installed on all WCSO shotguns, go on and saw Krubert appearing to attempt to chamber a round. Blanchard saw Krubert advancing toward his position along side Shaw. Blanchard then fired his rifle at Krubert approximately 3-5 times. Blanchard saw Krubert fall to the ground. Blanchard then saw Frami handcuff Krubert. Blanchard then secured his rifle in the trunk of squad #7 along with those of Shaw and Frarni. Deputy Sheriff Garth Frami Deputy Sheriff Garth Frami was on 3 rd shift patrol when he began responding to N7248 County Road 0 from Delavan, at approximately 2:00 a.m. He heard Deputy Neumann state "10-33 shots fired," as he was approaching the scene on Highway A, he pulled up to Jackson road to follow Deputies Blanchard and Shaw. Frami exited his squad armed with his squad rifle, heard Neumann say "he's in my car," and then saw headlights traveling directly at him. The approaching automobile avoided Frami and his squad by entering a ditch. Frami saw Shaw and Blanchard, in the same

6 Page #6 squad car, follow the squad now known to be occupied by Jeremiah Krubert. Frami followed the chase southbound on Highway 0 and saw Sergeant Troy Anhalt join the chase at Highway A. The chase continued southbound on Millard Road. Frami saw Jeremiah Krubert stop squad car #8 abruptly on Millard Road. Frami exited his squad and took up a kneeling position between the door and his squad when Jeremiah Krubert drove away and Fromi returned to his squad and continued pursuit. Frami saw squad #7 enter the cornfield south of the intersection of Pierce and Millard Roads. He stopped his squad # loin the intersection, exited said squad, and saw a shirtless male outside squad #8 holding a long black object across his chest. Frami yelled "Police, hands up." He heard Shaw yell, "He has a gun," and Blanchard yell, "Drop the gun." Frami saw Jeremiah Krubert continue toward Shaw and Blanchard covered by squad #7. Frami heard gun fire and fired his weapon once at Krubert. From; circled around Shaw, Blanchard and squad #7, secured Krubert in handcuffs, found a squad shotgun near Krubert and checked for a pulse. He found no pulse and secured his weapon in the trunk of squad #7 along with those of Shaw and Blanchard as other deputies arrived on scene. An autopsy of the body of Jeremiah Krubert was performed by Waukesha County Associate Medical Examiner Zelda Okia, MD. Krubert was found to have multiple lacerations to his scalp, thought to be caused by the end of a metal pipe or a similar object, a graze wound to the shoulder possibly caused by a bullet, and severe internal injuries to the heart, lungs, liver, spine and esophagus, apparently caused by the single.223 caliber round found near his spine. A screen of Krubert's urine revealed the presence of cocaine. Blood found on the squad #8 shotgun, which was found near the body of Jeremiah Krubert belonged to Jeremiah Krubert. The rifle in squad #8 also had the blood of Jeremiah Krubert on it. A long, silver in color, knife was found in the wreckage of squad #8.

7 Page #7 Without exception, all of the physical evidence I have reviewed and the statements of all of the witnesses support this account of the events of June 13, I have no reason, whatsoever to believe 'from the circumstances surrounding Mr. Krubert's death that any of the crimes enumerated in section may have been committed. As even if the elements are met, Deputy Neumann's, Deputy Shaw's, Deputy Frami's and Deputy Blanchard's actions were privileged as acts of defense of themselves or others, pursuant to Wisconsin Statutes sections and , and, therefore, Wisconsin law is clear that I can not order that an inquest be conducted. I would be remiss if I did not mention that it is in no small part due to the tremendously swift, thorough and professional investigative efforts of the Special Agents of the Division of Criminal Investigation that I am so confident in my analysis. We of Walworth County owe them our gratitude. Any time deadly force is required from our law enforcement personnel and any time a loss of life is the result, a tragedy has occurred in our county. Furthermore, anytime mental illness is a component of such events, I would suggest that the magnitude of the resulting tragedy is greatly amplified. Many lives were changed dramatically on June 13,2013, and I know that you and the people of Walworth County will join me in praying for healing for all involved or affected, as well as, wisdom for the future. If you have any questions or concerns please do not hesitate to c me. Addition lease feel free to share this letter with whomever you deem appr riate. Very truly yours, \ Daniel A. Necci District Attorne DAN/cjg pc: Administrator David S. Matthews