Fond du Lac deputy-involved shooting 'justified,' DA says

FOND DU LAC, Wis. - A fatal shooting involving a Fond du Lac County deputy has been deemed lawful, District Attorney Eric Toney announced on Tuesday.

What they're saying:

The Wisconsin Department of Justice previously identified Sgt. Andrew Kohlmann as the Fond du Lac County deputy who shot 26-year-old Armando Mendez Berry. 

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"Kohlmann should be commended for ensuring a less lethal option was available to the arrest team. The less lethal option was the first option utilized but was ineffective," Toney said in a statement. "(He) was justified in his use of lethal force, based on the totality of circumstances, to protect himself and other deputies from the reasonable threat of death or great bodily harm."

The backstory:

The shooting happened in the town of Fond du Lac on Feb. 24. The Wisconsin Department of Justice said the suspect, identified as 26-year-old Armando Mendez Berry, called the Fond du Lac County Sheriff's Office and said he wished to turn himself in on a felony warrant.

Law enforcement also received a call from a citizen who said a man matching Mendez Berry's description had a gun in his waistband. Deputies found Mendez Berry on Cherrywood Drive, off Lakeshore Drive, shortly after.

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The DOJ said Mendez Berry refused repeated commands to show deputies his hands, and one deputy fired a non-lethal weapon at Mendez Berry. Shortly after, Mendez Berry was holding what deputies believed to be a firearm, and a deputy shot him.

First responders attempted life-saving measures at the scene, and Mendez Berry was taken to a hospital where he was pronounced dead. No members of law enforcement were injured, nor were any members of the public.

Gamo 430 CO2 Pellet/BB Handgun recovered from scene (Courtesy: FDLCSO)

Dig deeper:

It was later determined, according to the DOJ, that Mendez Berry was holding a Gamo 430 CO2 Pellet/BB Handgun. It was recovered at the scene.

Kohlmann has eight years of law enforcement service and was placed on administrative assignment following the shooting, which the DOJ said was agency policy.