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Judge declares mistrial for Brown Deer Police Officer charged in shooting

Posted at 1:17 PM, Feb 28, 2018
and last updated 2018-02-28 18:12:15-05

MILWAUKEE -- The trial of a Brown Deer Police officer charged with unlawfully shooting a man during an arrest almost two years ago has ended with a hung jury. 

Judge Christopher Dee declared a mistrial around 1:10 p.m. Wednesday, after jurors deliberated for two and a half days. 

"I thank you for putting in the time that was so critically important in this case," Dee told the jurors before he dismissed them. 

The jury took in two weeks of testimony in the case. 

The Milwaukee County District Attorney's office will now have to decide whether or not to attempt the trial again. 

"I'll talk to the lead prosecutor on the case, talk to the victim and the victim's attorney," said Milwaukee County District Attorney John Chisholm. "I will also sit down with the defense attorney, and we'll determine where we go in the future." 

Officer Devon Kraemer was accused of unlawfully shooting Manuel Burnley Jr. during an arrest near 60th & Brown Deer Rd. in March, 2016. 

Kraemer and officer Michael Leeman responded to an MCTS bus in the area after the driver said Burnley Jr. was arguing and yelling at her over a change in transfer policy. 

Both officers testified during Kraemer's trial that Burnley Jr. continued to argue and resist, so they escorted him off the bus. 

At that point, Leeman tripped Burnley Jr. and caused all three people to fall to the ground. 

Kraemer testified that she feared Burnley Jr. might be armed, and that the two officers were losing the fight to him, so she decided to shoot him once in the back. 

Burnley Jr. survived the shooting but lost part of a lung. He was not armed. 

Burnley Jr. testified during the trial, and maintained he was not resisting arrest. 

Jonathan Safran, an attorney for Burnley Jr., said his client was very upset with the lack of a verdict and felt the state had proved Kraemer's guilt beyond a reasonable doubt. 

Safran added Burnley Jr. wants the case re-tried by either the Milwaukee County DA's office or the U.S. Attorney. 

Chisholm said he has not had any discussions with the U.S. Attorney about the case being tried at the federal level. 

Attorneys are due back in court on April 9th for a status conference. 

Kraemer remains on administrative suspension from the Brown Deer Police Department, according to the Chief.