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No charges against Racine police officer who shot and killed Da'Shontay King

Da'Shontay King Sr.
Posted at 5:17 PM, Jul 19, 2022
and last updated 2022-07-20 06:54:34-04

RACINE, Wis. — The Racine County District Attorney announced Tuesday that no charges will be filed against a Racine police officer who shot and killed a man in May.

The man, 37-year-old Da'Shontay King Sr., was shot by Officer Zachary Brenner on May 17. District Attorney Patricia Hanson said in her decision, "the death of Mr. King was a direct result of Mr. King’s conduct that posed a reasonable and imminent threat to Officer Brenner, under the circumstances as they existed at the time. Mr. King was armed with a firearm, therefore, his intentional use of a firearm was reasonable and necessary under the circumstances."

RELATED COVERAGE: Racine police officer shoots, kills gunman following pursuit, chief says

As previously reported, police said they stopped a car while executing a search warrant for a felon in possession of a firearm. According to police, King ran from the car with a gun and led an officer on a foot chase.

Officer Brenner chased King over a fence and a small hill before the shooting. King refused all commands and made an action that resulted in Brenner shooting King, police said.

Racine police held a news conference Tuesday evening following the announcement. You can watch the full briefing below:

Racine police chief presser, no charges against officer in King shooting

Racine Police Department Chief Maurice Robinson discussed the body cam footage of the incident that was released, calling it graphic.

In the video, you can hear Officer Brenner order King to stop and warn King of deadly force. King continued to flee from Officer Brenner. According to Chief Robinson, in the video you observe King lose control of his weapon while running and he re-arms himself, reaching sideways to get the firearm. That action led Officer Brenner to believe he was in danger.

shotsfired.PNG
Still photo from police body cam footage: King is hit by the first shot and the gun is coming out of his hand.

A .9mm handgun was recovered from King. An analysis at the Wisconsin State Crime Lab revealed the handgun had also been used at a shooting in the area of Edgewood and St. Patrick on April 21. Chief Robinson says that shooting resulted in property damage. The gun contained King's DNA.

King's family lawyer William Sulton said the decision was released before the family had the opportunity to review the materials Hanson looked at.

"Really what it represents is the option of someone considering to charge a police officer with a crime," Sulton said. "It certainly does not represent whether this officer followed the law or if this officer followed best Police practices and he most certainly did not.”

King's family lawyer speaks on DA's decision not to charge officer

Sulton said they are waiting on the medical examiner's report.

“The next step for us is to get that ME’s report and to get those opinions about what caused the death here. And in my opinion, it was the third shot that officer Brenner fired into Mr. King. And there was no justification for that third shot.”

This is a developing story and will be updated.

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