Watertown police shooting, no charges for officers involved: DOJ

WATERTOWN, Wis. - The Wisconsin Department of Justice announced Tuesday, Dec. 19 there will be no criminal charges for the officers involved in a fatal Watertown shooting. 

The involved officers – identified as James Simon, who used deadly force, and Nathan Zubke, who did not – were placed on administrative leave, per agency policy, after the shooting.

Police first responded for a criminal damage to property report the morning of Oct. 18. A suspect, identified as 30-year-old Justin Whitten, fled the apartment before officers got there, but was later found in a parking lot on Tower Drive.

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Jefferson County District Attorney Monica Hall released her determination not to charge the officers. In her report, Hall wrote the officers were looking for Whitten in an ongoing domestic abuse investigation. Police said he had made suicidals statement and was believed to have a gun. She said Whitten had fled a traffic stop earlier that day.

After officers called off a pursuit, Hall's report said police found Whitten on a skateboard. That is where the body and dashboard camera video released begins.

Watertown police scene near Western and Tower

Body camera video shows an officer park, get out of his squad, order Whitten to the ground and fire two shots. The DOJ said Whitten turned toward officers with a gun. Additional officers were already on scene.

An officer is heard on bodycam video ordering Whitten not to move after he'd already dropped to the ground. Hall's report said Whitten rolled on his back away from a gun, and Simon moved the gun away from him and called for medical attention. Whitten died at the scene. No one else was hurt.

The shooting happened near Luther Preparatory School; school administrators said the shooting did not involve any student or staff.