Sheboygan Co. D.A. reveals officer-involved fatal shooting at Union Ave. Tap was justified



SHEBOYGAN -- Sheboygan County District Attorney Joe DeCecco announced on Friday, July 29th the results of an investigation into the officer-involved fatal shooting that took place at the Union Avenue Tap on N. 6th St.

Surveillance photo of suspect in officer-involved fatal shooting at Union Avenue Tap



37-year-old Kevin Higgins was fatally shot by Sheboygan Police Officers Brandon Kehoe and Anthony Hamilton early on Sunday, July 17th. DeCecco announced the officers were justified in their use of deadly force.

In describing the incident, DeCecco indicated Higgins was dressed head-to-toe in camouflage clothing, armed with a rifle and exiting the Union Avenue Tap after taking money. That's when he immediately encountered Officers Hamilton and Kehoe.

"It shows the subject facing the officer and squaring into a shooting stance, bringing the butt of the AR-15 to his shoulder, and raising the muzzle toward the officer," DeCecco said.

Surveillance photo of suspect in officer-involved fatal shooting at Union Avenue Tap



The officers then opened fire on Higgins. Higgins fell back into the bar, still holding his weapon. He died on the scene. DeCecco indicated Higgins suffered six gunshot wounds.

Both officers arrived on the scene quickly because they were not far away at the time a patron of the bar called and indicated there was a robbery in progress. The officers arrived in separate squads, approached the bar and drew their service weapons before the incident unfolded.

Officer-involved shooting in Sheboygan



DeCecco said Higgins was armed with a .223 caliber rifle (AR-15 style) with a scope and a sound muffler (silencer). The rifle had an extended 30-round magazine attached with 28 .223 caliber rounds, one in the chamber -- and the safety on the weapon was off. Higgins was also wearing a vest that included four more 30-round magazines, a black tactical rifle sling and a taser. In his backpack, Higgins had even more weapons and ammunition -- and still more weapons and ammunition were found in his vehicle.

"There is simply no doubt in my mind that officers Kehoe and Hamilton ended a deadly threat, not only to the themselves but to all responding officers. Because of their training, experience, dedication and courage, not only did they get to go home to their families that day, all the responding officers did as well," DeCecco said.

Officer-involved shooting in Sheboygan



Officials say officers had a previous encounter with Higgins back in February. There was a brief standoff at the time -- Higgins was considered suicidal and the standoff was resolved peacefully. Higgins is a military veteran and apparently had been treated for post traumatic stress disorder (PTSD). Investigators are working with Veterans Administration to learn more about Higgins' treatment of mental health issues.

Sheboygan County District Attorney Joe DeCecco



"Interviews with family members and close friends indicate the deceased made extended goodbyes to his families that night, that he made references in the past to suicide by cop. He had relayed dreams to his family members in which he dreamed he had killed them," DeCecco said.

DeCecco said his work on this case is done. But he said lawmakers now need to get to work.

"What will it take for state and federal legislators to address reasonable gun restraints? What is the use of extended magazines except to continue to shooting with minimal reloading? And when is that capacity ever needed except to shoot people?" asked DeCecco.

Officer Hamilton is a seven-year veteran of the Sheboygan Police Department. He has four years experience in the U.S. Marine Corps -- and served three tours in Iraq. Officer Kehoe is a 11-year veteran of the Sheboygan Police Department.

While it's not clear whether there is a connection to Higgins' PTSD and his actions on July 17th, the incident is prompting local vets to let others know help is available.

"PTSD takes a physical toll on you by reducing one's sleep patterns. It makes life difficult pending on how can cope with it," said Richard Herek, veteran.

Herek served four years in the U.S. Navy, and another four in the Army where he was deployed to Iraq, and later diagnosed with PTSD.

"I was extremely vigilant no matter where I went. I was always on edge," said Herek.

Herek has found help through the veterans organization "Dryhootch," where he participates in peer-to-peer counseling. He'll also receive treatment for his PTSD through any inpatient program at the Milwaukee VA in September.

Bottom line: Herek says vets don't have to feel like they're alone. They just need to find the courage to ask for help.

"The Dryhootch is a good place to come when you need someone to watch your back when you know you can't watch it anymore for yourself," Herek said.

Meanwhile, Investigators say they are working with the ATF to trace the history of the two guns in this case -- and where Higgins got all that ammunition.

Two of the bullets fired in this case hit the bartender at the Union Avenue Tap -- once in the forearm, the other a graze wound. The evidence shows Higgins never shot his rifle. DeCecco said it is almost certain one of the officers' bullets hit the bartender. He is okay and back at home.