GERMANTOWN — The Wisconsin Department of Justice says there will be no charges against the officers who shot and killed a man outside Kennedy Middle School in Germantown. The DOJ is also releasing new video of the incident.
The incident happened in October, when Kennedy Middle School in Germantown went into a lockdown for hours. Now we're getting our first look at what happened from the perspective of the officers involved.
Kevin Foy, 34, of Lake Villa Ill. was identified as an Army combat veteran who struggled with PTSD.
He arrived in Wisconsin to pick up items he bought from an auction. Around 3:30 p.m., his truck is seen on surveillance video outside of a Mechanic near Kennedy Middle School. Bystanders help push Foy's truck into the parking lot.
The DOJ provided several clips over a three hour period, showing Foy in the parking lot, pacing around, eventually walking down the road towards the middle school. The school, at the time, was filled with kids participating in after school activities.
Surveillance cameras outside of the school show Foy walking around the property, at one point pushing on a dumpster and eventually, dragging a bike rack across the front entrance of the school. For about 15 minutes, he's seen maneuvering the bike rack onto an overhang above a door. He uses the bike rack as a makeshift ladder to get onto the overhang. When police arrive, he hops a small wall to get onto the roof.
Two officers meet Foy on the roof. Bodycamera video shows the officers climbing onto the roof of the middle school through a ladder. It's extremely dark, but a silhouette of a Foy can be seen.
When officers shine a flashlight on Foy, shouting commands for him to show his hands, but he takes off. The DOJ report says Foy and the officers exchanged gunfire, though no one was hit.
Drone video shows Foy on the roof. The DOJ report says when an officer fired at Foy, he apparently struck an air conditioning unit. In the drone video, the steam or smoke can be seen erupting from the side of the AC unit. Police later recovered a handgun that Foy dropped during this pursuit.
Foy was able to again evade police, and climbed down from the roof to the ground, where he encountered police again. Surveillance footage on the side of the school shows him hiding behind some bushes before officers find him.
Another shootout ensues and surveillance shows a puff of smoke, the DOJ says is from a bullet fired by officers striking the brick of the school. The gif below shows the moment:
The report says 10 shots were fired during this interaction. Foy appears to have been struck during this shootout, collapsing to the ground.
Officers regroup to strategize about how to approach Foy, believing they had been shot at by him.
"Something zipped over my head when they first took rounds," one officer is heard saying on body camera video. "They went 'shoo.'"
About seven minutes after the gunfire, police approach Foy on the ground and place him in handcuffs. Foy died at the scene.
Washington County District Attorney Mark Benson determined no charges would be filed against any officers involved.
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