A jury has been seated to hear the case of Devon Kraemer, the Brown Deer Police officer accused of shooting an unarmed, argumentative suspect in the back.
The 28-year old Kraemer is on trial for aggravated battery, use of a dangerous weapon, in connection with a shooting that injured Manuel Burnley Jr. on March 4, 2016.
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Attorneys and the judge began questioning a pool of 60 potential jurors Monday afternoon about their prior knowledge of the case and whether they knew anybody involved, among other topics.
Around 3:40 p.m. Tuesday, after about eight hours of questioning over two days, a jury of 14 people was selected to hear the case. The panel includes two alternate jurors.
It's likely the trial will run into next week.
According to the criminal complaint, the 28-year old Burnley Jr. boarded an MCTS bus on Brown Deer Road and became argumentative after the driver told him about a change in policy related to bus transfers.
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The driver told investigators she continued along her route until she spotted a pair of Brown Deer Police squad cars parked near 60th and Brown Deer Road. The bus driver pulled over and flagged down the two officers.
In the criminal complaint, investigators allege Kraemer and another officer boarded the bus and talked with Burnley Jr.
According to the complaint, Burnley Jr. remained argumentative and refused to comply with instructions from police as he was escorted off the bus.
Investigators said Burnley Jr. resisted as the two officers tried to handcuff him. A struggle ensued in which Burnley Jr. and the two police officers all fell to the ground.
According to the criminal complaint, Kraemer said she feared for her safety, as well as the safety of her partner, and could not see one of Burnley Jr.'s hands during the struggle.
At some point, Kraemer fired a single round into Burnley Jr.'s back. He was injured and lost part of a lung.
In the criminal complaint, investigators said an expert in defense dynamics, police defense, arrest tactics, and the use of force, reviewed police reports, surveillance video from the incident, and interviews with Kraemer, Burnley Jr. and the other officer.
"It was (the expert's) professional opinion that Kraemer's use of deadly force was not consistent with generally accepted standards for the use of force in Wisconsin or nationwide," the complaint reads.
Burnley Jr. was never charged in connection with the incident.
Kraemer is currently on administrative suspension from the Brown Deer Police Department, according to Chief Michael Kass.