MENOMONEE FALLS — The Waukesha County District Attorney’s Office has cleared of any wrongdoing the Menomonee Falls police officer who shot and wounded a man after a police pursuit.
The suspect in this case, Devon Evans, was suspected of driving off without paying for gas at a Menomonee Falls gas station on Nov. 6, 2018. A patrol officer headed to the scene and spotted Evans’ black Nissan a few blocks away. He initially pulled over, but as the officer approached his car, Evans took off — weaving through traffic at 75 to 85 miles per hour. He struck a median, curb and a white Buick twice.
Recently released video shows smoke poured from Evans’ vehicle during the chase that lasted nearly a mile, until he suddenly pulled over, jumped from the driver’s side door and ran.
Police found Evans outside a nearby church, where they said he refused to surrender and made movements that made the officer fear for his safety. The Menomonee Falls police officer fired his weapon, hitting Evans in the arm.
A Jan. 17 letter from the DA’s office to the Menomonee Falls Police Department says the officer “was privileged to use deadly force based on his reasonable belief that such force was necessary to prevent imminent death or great bodily harm to himself or others.” The officer indicated he believed Evans was holding or concealing a long gun. The weapon was later determined to be a hammer — approximately a foot long.
The DA’s letter says in conclusion, “A reasonable person would have concluded, as (the officer) did, that Evans was going to shoot a person coming up the driveway of the church.” The letter finishes by saying the “use of deadly force was objectively warranted.”