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Racine Sun

Thursday, September 19, 2024

Racine County district attorney finds Officer Zachary Brenner 'immune from criminal liability' in fatal shooting

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Racine County Police Officer Zachary Brenner will not face charges after shooting a man fatally after a traffic stop May 20. | Kenny Eliason/Unsplash

Racine County Police Officer Zachary Brenner will not face charges after shooting a man fatally after a traffic stop May 20. | Kenny Eliason/Unsplash

Racine County Police Officer, Zachary Brenner, will not face charges in connection with a shooting that left a man dead following a May 20 traffic stop.

Racine County District Attorney, Patricia Hanson, said she made the decision not to file charges against Brenner after reviewing evidence of the shooting, according to a WISN report.

Brenner shot Da'Shontay King multiple times during a pursuit that came after an attempted traffic stop, where King is alleged to have taken off running, according to WISN. Video footage shows Brenner chasing King and shouting to him on multiple occasions not to reach for a weapon or he would shoot him.

Hanson added still images of the video and included them in her report. The imagery shows King holding a firearm as it fell from his pocket. King allegedly turned to pick up the weapon, and seeing the gun in King’s hand, Brenner opened fire, according to WISN.  

"My review of the facts and circumstances of this case led me to the conclusion that Officer Brenner is immune from criminal liability in this case as 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,” Hanson wrote in her report. “Mr. King was armed with a firearm; therefore, his intentional use of a firearm was reasonable and necessary under the circumstances."

Because of what authorities say was a technology snafu, the body cam footage and Hanson’s 27-page report were released before King’s family could view it, WISN reported. Members of the family insist they will ask for the official cause of death report to try and show the officer used an unreasonable amount of force.

After the decision was announced, Racine Police Chief, Maurice Robinson, spoke out about the incident and defended Brenner’s actions.

"He did as he was trained to do,” Robinson said. “He gave plenty of commands and opportunities and warnings and waited to see what happened as long as he could.”

Robinson said Brenner will return to "light administrative duty" while the department finishes its an internal review, WISN reported.

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