CoUNTYOF KnxosrrA Drsrnr ArronNEY

Transcription

CoUNTYOF
Robert D.Zapf
KnxosrrA
912
District Attorney
Drsrnr
- 56th Street, Molinaro Building
Kenosha, Wisconsin 53 140
Michael D. Graveley
Deputy District Attomey
(262) 6s3-2400
Victim Witness (262) 653-2408
Fax(262) 653-2783 - 2nd Floor
Fax (262) 653-241I
Fax (262) 653-2487
Heather M. Beasy
- 3rd Floor, West
- 3rd Floor, East
Victim Witness Coordinator
ArronNEY
Assist¡nt D.A.
Thomas C. Binger
Kelly A. Birschbach
Tracey
L
Braun
Andrew J. Burgoyne
Rosamaria L Delgado
Margaret M. Drees
Mary M. Hart
James S. Kraus
Jessica L. Krejcarek
Carli A. McNeill
Jennifer A. Phan
Erica M. Reinke
Tricia J. Riley
Emily K. Trigg
Tina A. Burke
Office Manager
Brian P. Stuht
Office Investigator
Jason R.
DA SUMMARY REPORT ON FUDE SHOOTING
DCI/OID Case File No. 15-5925
Officer lnvolved - KSD Deputy James Campbell
Deceased: Darren Fude, DOB: 09/23168
Date of Shooting: 10124115
Date of This Report: May 17,2016
This report announces this office's findings concerning the officer involved shooting death of Darren
Fude occurr¡ng on October 24,2015, in Paddock Lake, Wisconsin.
After review of the investigative reports, witness statements, medical exam¡ner's report and other
related follow-up information provided to this office by the Department of Justice/Division of Criminal
lnvestigation (DCl), it is my finding that the use of deadly force by Deputy Campbell on October 24,
2015, was reasonable under all of the facts and circumstances and that the shooting of Darren Fude
was justified.
The initial DCI investigative reports were submitted to this office on March 15, 2016. The final DCI
summary report was submitted on April 25, 2016. (A copy of the final DGI summary report ¡s
attached to this report and ¡ncorporated by reference.)
On Octobet 24,2015 at approximately 6:26 p.m., Kenosha County Sheriff's deputies responded to the
residence of Darren Fude in Paddock Lake, Wisconsin, to follow up in the handling of an investigation
of a single vehicle motorcycle accident occurring approximately one hour before on State Highway 50
where it was reported that the driver (later identified as Fude) apparently either fell off or lost control of
his motorcycle that went into the median. He got up, left his motorcycle in the median and then left
the scene in a vehicle being driven by his wife. They then returned to their home in Paddock Lake.
After confirming the reg¡strationiownership of the motorcycle, Kenosha County Sheriff's deputies went
to the Fude residence. Upon arrival, deputies spoke with Ms. Fude, who twice denied that her
husband was home but then on the third occasion acknowledged that she would tell her husband,
who was in fact home; to come to the door to talk to the deputies. Darren Fude then armed himself
with a loaded .12 gauge pump shotgun and came to the front door of the residence. Ms. Fude tried
unsuccessfully to stop Darren from going outside with the gun. Fude stepped outside the front door
waving and pointing his shotgun at and towards the deputies. The deputies immediately dispersed
Zapf
and ran for cover. Deputy Campbell drew his service weapon to defend himself and the other
deputies. Deputies yelled at Fude to "drop the gun" but he did not. Deputy Campbell reports that
Fude then pointed the shotgun directly at him, and he (Deputy Campbell)fired his weapon numerous
times at Fude, who then fell to the ground, dropping his shotgun. Fude did not fire his weapon. The
shotgun was recovered and found to be loaded with a round in the chamber.
Rescue personnel were summoned to the Fude residence. Lifesaving measures were administered
to Fude. Fude was then transported to St. Catherine's Hospital where he later died. He was
pronounced dead by Dr. Robert Zickat 7:36 p.m.
On October 26, 2015, an autopsy was performed on the body of Darren Fude by Dr. Emily Hansen
with the Milwaukee County Medical Examiner's Office. She determined that Fude was struck six (6)
times by bullets and died as a result of multiple gunshot wounds to the chest.
Follow-up toxicology tests by the Milwaukee County Medical Examiner's Office were performed on the
defendant's blood. Results revealed that Fude had a blood alcohol level of 0.199 (cavity blood) and
0.232 (vitreous blood) at the time of his death. Further testing also revealed that Fude had active
Tetrahydrocannabinol (marijuana) in his system at the time of his death. (A copy of the toxicology
reports dated November 13,2015 and April 4,2016 are attached.)
Under the law, officers are privileged to use deadly force to defend themselves and others from death
or great bodily harm. Officers are trained to "stop the threat." ln this case, Fude, who was highly
intoxicated (under the influence of both alcohol and marijuana) came out of his residence with a
loaded .12 gauge shotgun and pointed it at deputies. Deputies yelled at Fude to drop the gun but he
did not. lnstead, Fude pointed the gun directly at Deputy Campbell. Deputy Campbell fired his
weapon at Fude to stop Fude's threat.
Under the facts and circumstances surrounding this shooting, it was reasonable for Deputy Campbell
to use deadly force in self-defense. The shooting was justified. There is no evidence to support any
criminal intent or criminal wrongdoing by Deputy Campbell. Deputy Campbell was doing the job he
was trained to do and that is to protect himself and others from death or great bodily harm.
Correspondingly, no criminal charges ,will be pursued
Campbell. This case is now closed.
or brought by this office against Deputy
Upon release of this report, subject to the open records law, all DCI reports will now be made
available and released to the public. For more information on how to obtain the DCI reports, go to the
DOJ website. To obtain a copy of the DA report, go to the Kenosha County DA website.
Respectfully Submitted,
a
Þ.2
Robert D. Zapf
District Attorney
Kenosha County
2
Wisconsin Division of Criminal Investigation Case Report
Case/Report Number: 15-5925/56 Report of lnvestigation
REPORT OF INVESTIGATION
OFFICER INVOLVED DEATH IOID) Of DARREN FIIDE
PADDOCK T,AKE. WT
This report will serve as the summary of the Officer lnvolved Death (OID) of Darren Fude, which
occurred at 6107 236th Ave., Paddock Lake, WI by the Kenosha County Sheriffs Department on
October 24,2015.
On Saturday, October 24,2015, at 5:14 P.M., a motorcycle registered to Darren Fude was
involved in a single vehicle motorcycle accident. A citizen observed the motorcycle driver to the
leave the scene of the crash. A subsequent check of the motorcycle registration listed the owner
as Darren Fude
of 6107 236th Ave., Paddock Lake, WI.
At 5:33pm Kenosha deputies arived
at the Fude residence, a single family home having a front
porch on the north side of the residence, with windows facing 236th Ave. and attempted to make
contact with Darren Fude regarding the accident. Fude's wife (K. Fude) advised that Danen
Fude was not at home. The deputies returned to the home a second time at approximately 6:06
pm, again speaking with K. Fude who advised that Darren Fude was not at home. However,
deputies checked the vehicle in the driveway and determined that it listed to the Fudes. Three
deputies then went back to the door for the third time. K. Fude advised the deputies that she
would attempt to contact her husband, and proceeded into her residence, closing the door.
Deputies then heard a verbal exchange from inside of the residence which was followed by the
front door of the residence swinging open and Darren Fude emerging from the home armed with
a shotgun held parallel to the ground and pointed at the deputies. The deputies attempted to seek
cover behind trees and gave verbal commands for Darren Fude to drop the shotgun.
Subsequently, Kenosha County Sheriff s Deputy Campbell fired multiple shots at Darren Fude
after issuing verbal commands for Fude to drop the shotgun and Fude swinging the shotgun
barreltowards Deputy Campbell. Darren Fude was shot severaltimes resulting in his death.
The Kenosha County Sheriff s Department requested the Wisconsin Department of Justice,
Division of Criminal Investigation Milwaukee Field Office to respond as the lead investigative
agency pursuant to Wisconsin Statute 175.47.
The WI DOJ-DCI Milwaukee Office responded with one Special Agent in Charge, SAC
Klabunde, as well as eleven Special Agents, SAs Gibbs, Tijerino, Jansky, Taylor, Higgins,
Peskie, Hepp, Yerges, Wilson, DelaRosa and Lenzner. SA Tijerino was assigned as the lead
investigator and SA Gibbs was assigned as the secondary investigator'
SAC Klabunde met with supervisory personnel from the Kenosha County Sheriffs Department,
and Kenosha County Coroner Investigators Kristin Binninger and Jessica Clark.
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ThÌs document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. tt is the property of this Division, and is laaned to your agency. /fs confenfs are not to be
distributed outside your agency.
Wisconsin Division of Griminal lnvestigation Gase Report
The WSCL was contacted and a mobile response team responded for scene processing and
evidence collection. The WI State Patrol was contacted and a request for a scene reconstruction
utilizing the Total Station system was made.
Milwaukee Police Department Canine Units were requested to assist in locating possible items of
evidentiary value.
A neighborhood canvass was conducted by WI DOJ-DCI personnel in an effort to locate any
witnesses to the incident. Nine (9) neighborhood canvass witnesses were located and interviewed.
Kenosha County Sheriff s Department personnel who responded to the incident but were not
present during the incident were also interviewed at the scene by DCI personnel.
An initial interview of K. Fude, Darren Fude's wife, was conducted at the scene by a Kenosha
County Sheriff s Detective as directed by SAC Klabunde due to the serious condition of Darren
Fude and DCI's anticipated response time. A SA followed up with K. Fude and notified her of
Darren Fude's death. Agents subsequently met with K. Fude and reviewed her statement with
her.
SA Hepp accompanied the body of Darren Fude from the emergency room of Saint Catherine's
Hospital at9555 76th St., Pleasant Prairie Wisconsin, to the Milwaukee County Medical
Examiner's Office at 933 W. Highland Ave., Milwaukee Wisconsin. Hepp witnessed the initial
documentation of Darren Fude by Milwaukee County Medical Examiner's offìce personnel until
Mr. Fude was secured at that location.
Interviews of Deputies Campbell, Corn, and Olson were conducted on Monday, October 26,2015
by SAs Gibbs and Tijerino. Interviews of Deputies Fonk and Kless were also conducted on
October 26,2015 by SAs Taylor and Novak:
A video in the area of the motorcycle accident was identified and retrieved and subsequently
reviewed. Squad video from the Kenosha County Sheriff s Department squads were also
retrieved and reviewed.
As a result of criticalwitness interviews, the initial scene investigation, Kenosha County Sheriff
Department records, the autopsy and a review of all interviews developed through the
neighborhood canvass, the following information was learned:
uest For DC
On Saturday, October 24,2015, at approximately 7:00pm the Wisconsin Department of
Justice-Division of Criminal Investigation Milwaukee regional office was contacted by the
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This document contains neither recommendations nor conclusions of the Division of Criminal
Investigation. tt is the propeñy of this Division, and is loaned to your agency. lts contents are not to be
Wisconsin Division of Criminal lnvestigation Gase Report
Gase/Report Number: 15-5925/56 Report of Investigation
Kenosha County Sheriff s Department Sergeant Boudro who requested that DCI respond as the
lead investigative agency pursuant to Wisconsin Statute 175.47.
Scene
Examination
The scene consisted of the residence and yard area of Darren Fude's home at 6107 236th Ave.,
Paddock Lake, WI and the adjacent street and neighboring yards. SA Gibbs was assigned to
conduct the scene investigation.
The WSCL was contacted and a mobile response team consisting of Chris Johnson and Julie
Avila responded for scene processing and evidence collection. The WI State Patrol was
contacted and a request for a scene reconstruction utilizing the Total Station system was made.
Trooper Mike Smith and Trooper David Fowles responded to conduct that portion of the
investigation.
Two Milwaukee Police Department Canine Units were also deployed at the scene to assist in
locating possible items of evidentiary value. The canines were trained to detect the odor of gun
powder, and were used to locate any ballistic evidence not easily visible to the naked eye. No
items of evidence were located using the canine units'
DCI obtained a search warrant the address of 6107 236th Ave., Paddock Lake WI, and the scene
was processed. Outside of the house, thirteen spent 9mm casings were recovered, as well as a
Maverick Arms l2 gauge shotgun, various items of clothing left at the scene during life saving
procedures, a possible bullet fragment, a fired bullet from the trunk of a squad car and swabs of
apparent bloodstains from the walkway and grassy area of the yard.
Recovered inside the residenc e at 6107 236th Ave., were a baggie of marijuana and several
bottles of cough syrup.
Deputy Campbell's 9mm Glock pistolwas recovered from a Kenosha County Sheriff Department
squad car at the scene, and was secured by SA Peskie.
items were placed on inventory at the DCI Milwaukee Office.
The spent casings, bullet fragment, fìred bullet, Deputy Campbell's pistol, the shotgun and the
bloodswabs were subsequently conveyed to the Wisconsin State Crime Lab in Milwaukee for
All of the recovered evidentiary
analysis by SA Gibbs.
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This clocument contains neither recommendations nor conclusíons of the Division of Criminal
lnvestigation. tt is the property of this Division, and is loaned to your agency. lts contents are not to be
Wisconsin Division of Criminal lnvestigation Case Report
Witness Interviews
1
Witness JC reported that on October 24,2015, at approximately 6:30 P.M., he heard a
series of five to seven loud and consecutive bangs. His wife advised him they were
gunshots. JC walked to the rear deck of his home and observed two marked patrol cars at
the neighbor's residence. He overheard a person he believed to be an offìcer say "He
pulled a shotgun on me". A different person asked "Were you scared"? The original
person responded in a shook up voice, "yes".
JC observed emergency units respond to the scene, and each time a unit responded
someone asked for a full medical kit.
2
V/itness TC reported that on October 24,2015, at approximately 6:30 P.M. she heard
people talking or shouting somewhere outside her home. TC then heard five to seven
loud and consecutive gunshots. After hearing the shots, TC heard a woman scream,
followed by an "eerie silence". TC contacted 9l I and advised the operator that she heard
gunshots and that the police might be involved.
After the shooting, TC heard an officer say "He greeted me at the door with a shotgun".
TC heard another officer ask if the other officer was scared and heard the officer reply in a
shook up voice "Yes". TC did not see the officers during the incident.
3
Witness MS reported that on October 24,2015, at around 6:15 P.M. she observed a squad
Ave. Approximately one minute later she observed a second and
third squad car turn the same direction as the fìrst squad. A few minutes later MS heard
car turn south on 236th
several gunshots.
4
Witness HH reported that on October 24,2015 between 6:20P.M. to 6:25 P.M., he
observed three police officers standing near the driveway of 6107 236th Ave. Within a
couple of minutes HH heard approximately six gunshots in rapid succession. HH
returned to his residence. FIH did not observe the actual shooting.
5
Witness VB reported that on October 24,2015, between 6:25P.M., and 6:30P.M., she
heard three to four loud noises.
6
Witness SS reported that on October 24,2015, at approximately 6:30P.M., he heard four
gunshots. A couple of minutes aÍÌer the shots he heard multiple sirens from emergency
vehicles .
7
Witness TK reported that on October 24,2015, at approximately 6:25 P.M., she was
outside on the rear patio of her residence and heard two male voices yelling. TK believed
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Wisconsin Division of Griminal lnvestigation Case Report
the two people were arguing. As the yelling continued, TK suddenly heard six (6) to eight
(8) gunshots. TK described the gunshots as being rapid and consecutive. Approximately
five minutes after the gunshots, TK heard sirens she believed to be a fire truck and
ambulance responding to the area.
8
Witness RL reported that on October 24,2015, at approximately 6:00P.M., he heard male
voices yelling. Approximately one minute after the yelling started RL heard eight to nine
gunshots. Once the gunshots ended he heard what sounded like a female screaming, then
several sirens.
9
Witness BG reported that on October 24,2015, at approximately 6:30P.M., she heard four
to six gunshots in rapid succession. She saw a squad car parked on236th Ave. After the
gunshots she observed numerous other squad cars arrive on the street.
Kev Witness Interview of K. Fude:
she and her husband Darren Fude were atatavern,
and had beer. Darren left the bar on his motorcycle and she followed in her car. K. Fude lost
sight of Darren while driving home on Highway 50. She rounded a curve and noticed Darren's
motorcycle in the median. Darren got into her car and told her to drive home; they'd get the
motorcycle the next day. On the drive home Darren told her he had a mouthful of dirt and
thought his femur was broken. Upon their arrival home, Darren showered and went to bed.
K. Fude reported that on October 24,2015,
Approximately thirty minutes after the Fudes arrived home, the police knocked on the door. K.
Fude told Darren the police were at the door and he told her to tell the police he was not home. K
Fude told the police Darren was not home. The police left contact information for Darren to call
them, and left.
Approximately thirty minutes after the first visit, the police returned to Fude's home. She again
told them Darren was not home, even though he was in the bedroom. The police left, but
returned a short time later. On the third visit the police told K. Fude they thought she was lying
about Darren's whereabouts, adding that they would take her to jail for obstructing' K. Fude
went back into the house and tried to convince Darren to talk to the police, because she did not
want to go to jail.
When K. Fude told Darren to go talk to the police, Darren jumped up angrily and grabbed a black
and brown rifle that K. Fude thought was a bb gun. K. Fude tried to wrestle the gun away from
Darren, but he pushed her down on the bed. He walked to the front of the house and told her to
get the kids, who were in the front portion of the house. K. Fude yelled for him to stop, but
Darren continued toward the front door.
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tnvestigation. tt is the properly of this Division, and is loaned to your agency. lts contents are not to be
Case/Report Numberl l5-5925/56 Report of lnvestigation
Darren was out of K. Fude's sight, and she heard the front door bang, but was unable to tell if it
made the sound while being opened or closed. She immediately heard six pops. She stated that
she never heard anyone yell to drop the weapon.
K. Fude ran to the front of the house and out the front door. She saw Darren lying in the front
yard, and it appeared he was shot in the stomach. K. Fude could see blood, and Darren was not
moving. The officers ordered her back into the house, so she went to the kitchen. A little while
later Darren was taken away in an ambulance.
Officer Statements
Interview of Sergeant Malecki
Kenosha County Sheriff Sergeant Mark Malecki stated he was on the road at the time of the
original call of a motorcycle crash in the median on Highway 50, and that the driver of the
motorcycle left the scene after being picked up by a female in a Silver Ford Explorer' Sgt.
Malecki heard deputies respond to the address the motorcycle was registered to, and instructed
them to check inside the residence to ensure the motorcyclist was not injured.
A short time later Malecki heard Deputy Fonk broadcast on the police radio "shots fired".
Malecki responded to the address and upon his arrival observed Deputies Fonk, Campbell and
Corn providing frrst aid to a subject suffering gunshot wounds. Deputy Campbell told Malecki
the subject had come at him with a shot gun. Campbell's legs appeared shaky. Realizing
Campbell was the officer who shot the subject, Malecki removed Campbell from the area of the
subject. Malecki took Campbell's place administering frrst aid by applying pressure to the
subject's wounds.
Malecki and the other deputies continued to administer fìrst aid to the subject. Malecki asked
how many shots were fired, and one of the deputies responded, (he could not remember which
deputy) "maybe four". They continued to administer first aid to the subject until the rescue units
arrived and conveyed the subject from the scene.
After rescue personnel transported the subject away from the scene, Sgt Malecki stated the rest of
the deputies moved out onto the roadway in front of the house. Sgt Malecki noticed a shotgun
near atree adjacent to the where the subject was located and was told that a deputy had checked it
and moved it to that position. Sgt Malecki told the deputies to secure the scene and called
Kenosha County Sheriffls Sergeant Boudro who had asked Sgt Maleckito call him while he was
assisting in medical aid to the subject.
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Investigation. lt is the property of this Division, and is loaned to your agency. lts contents are not to be
distributed outside Your agency.
Case/Report Number: l5-5925/56 Report of lnvestigation
Malecki was instructed by Sergeant Boudro to secure the involved deputy's firearm. Sgt Malecki
removed Deputy Campbell's fìrearm from his holster with his bare hand and then removed his
own firearm and placed it in Deputy Campbell's holster. Sgt Malekithen placed Deputy
Campbell's firearm in his locked patrol vehicle without clearing it or manipulating it in any way.
Malecki was later ordered by Captain Hall to retrieve his firearm from Deputy Campbell, and did
SO:
At 9:05PM Sgt. Malecki retrieved the firearm used by Depufy Campbell from Malecki's patrol
vehicle, and the loaded firearm was turned over to S/A Peskie. Inspection revealed the weapon to
be a Glock 9mm semi-automatic handgun with a weapon mounted flashlight. The firearm was
inspected and cleared and found to contain one unfired cartridge in the chamber and two unfired
cartridges in the magazine. The capacity of the magazine was found to be seventeen (17). These
items were placed on inventory at the DCI Milwaukee Office.
Interview of Denutv Kless
Kenosha County Sheriff Deputy David Kless stated that on Saturday, October 24,2015, he was
assigned to work with his training officer, Deputy James Campbell on unit 299. Kless was in full
uniform; Campbell was in plain clothes. They were in a marked Kenosha County Sheriffls
Department squad.
Late in the afternoon of October 24,2015, Kless and Campbell were dispatched to a possible hit
and run accident in the area of 304th Ave. and Highway 50, and upon arrival Kless saw a Harley
Davidson motorcycle with heavy damage to the handle bars. They determined the motorcycle
owner left the scene. Kless spoke to a witness who saw the motorcycle driver hobble away from
the motorcycle and leave the scene.
Kless and Campbell responded to the address that the motorcycle listed to, 6107 236th Ave.,
Salem WI, to follow up on the accident investigation. Also at the location was Kenosha County
Sheriff Deputy Fonk. Kless made contact with a female occupant (K. Fude) who told Kless that
her husband (Darren Fude) was not home. Kless believed the husband was home, and went to the
back of the house. At the back of the house he saw Kenosha County Sheriffls Deputy Olsen
already at the back ofthe house.
While at the back of the house with Olsen, Kless heard someone shouting words to the effect of
"Drop the gun", and then heard several gunshots. Kless and Olsen moved to the front of the
house and Kless saw someone lying on the ground near the front door. He continued past the
subject on the ground and entered the house through the front door.
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tnvestigation. lt is the property of this Division, and is loaned to your agency. /fs confenfs are not to be
Kless asked the female inside the house if there were guns in the house, and she replied they kept
a shotgun inside of their bedroom near the door. She was crying and told deputies she tried to
stop him from bringing the gun out there.
Interview of Deputy Olsen
On Saturday, October 24,2015, Deputy Eric Olsen worked on unit 279. On that day he was in
full uniform and drove a marked squad car. At around 5:00P.M., he responded to 6107 236th
Ave. in Paddock Lake to check for the registered owner of a motorcycle that had crashed and
been left in the median. Kenosha County Sheriff Deputy Corn went to the address as well.
Upon his arrival at 6107 236th Ave., Olsen saw Corn talking in the driveway with the listed
motorcycle owner's wife, who told deputies her husband was not home. Olsen provided the wife
with contact information for the Sheriff s Department, and he and Corn left the house and
checked the area for the listed owner of the motorcycle.
Olsen returned to the address and met Depufy Fonk. They spoke to the wife who again told them
her husband was not home. Deputies Kless and Campbell arrived at the house and Campbell
noted a Ford Explorer in the driveway of the residence. Olsen told the deputies that the Explorer
drove the owner of the motorcycle from the scene. It was decided to try one more time to speak to
the owner of the motorcycle, who the deputies believed was in the house. Olsen went to the rear
of the home while the other deputies approached the front door. After a few minutes at the back
of the home, he saw Deputy Kless approaching him from the front of the house. Kless told him
the other deputies were still talking to the wife. Olsen heard yelling from the front of the house
and moved in that direction.
Olsen got to the front of the house and saw a white male walking down the front porch steps. The
man was holding a large black pump action shotgun, and Olsen noted the barrel of the shotgun
was level to the ground. Olsen feared the man would shoot him with the shotgun, so he stepped
back and used the side ofthe house for cover.
Olsen could hear voices yelling, and recognized one of the voices as Deputy Campbell's. Olsen
stepped back out towards the front yard, and saw the man a foot or two off of the front porch,
facing northeast, still holding the shotgun. Olsen heard numerous shots in succession. The man
flinched, dropped the shotgun, and fell. Olsen approached the man, removed the shotgun from
his reach, and began first aid.
Olsen was armed with a Taser device during this incident, but did not use it because he could not
have gotten close enough to the man without placing himself or other deputies in grave danger.
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tnvestigation. tt is the property of this Division, and is loaned to yogr agency. lts contents are not to be
Interview of Deputy Corn
On Saturday, October 24,2015, Deputy Kenneth Corn worked the Paddock Lake coverage squad,
and was in full uniform. He drove a marked squad car. During his shift he heard a hit and run
accident broadcast over the air in the 30900 block of Highway 50. A motorcycle crashed and was
left in the median, and the driver of the motorcycle left the scene. The dispatcher ran the
registration plate of the motorcycle, and it listed to Darren Fude of 6 107 236th Ave., Paddock
Lake. Corn responded to the address to contact Fude.
Upon his arrival at 6107 2j,6th Ave., Corn spoke to K. Fude, Darren's wife. She told Deputy
Corn that Darren was not home. Deputy Olsen arrived and provided K. Fude with the Kenosha
County Sheriffs Department contact information, and Deputy Corn and Deputy Olsen left to
check the area for Darren Fude.
Corn returned to 6107 ?36th Ave., and saw Deputies Fonk and Campbell at the bottom of the
front porch of the residence, and saw Deputies Olsen and Kless at the south side of the house.
Corn joined Campbell and Fonk at the bottom of the steps. Corn heard a female voice inside the
house, then a male voice respond. The front door opened and Corn saw a white male standing
inside the doorway hotding a shotgun. Com noted the barrel of the shotgun was levelwith the
ground.
Corn and the other deputies immediately ran for cover. Corn took cover behind a tree, and turned
back and saw the white male at the bottom of the porch steps still holding the shotgun. The barrel
was now pointed in the direction Corn had last seen Deputy Campbell running. Deputy Campbell
yelled toudly "Drop the gun, drop the gun". Corn heard six to eight gunshots in rapid succession.
The man fellto the ground and the shotgun fell by his side. Olsen approached the man and
removed the shotgun. Campbell, Fonk and Olsen administered first aid. Medical personnel were
called and responded to the scene.
Interview of Denuty Fonk
Kenosha County Sheriff s Deputy Keith Fonk stated that on Saturday, October 24,2015, he was
assigned to unit 258, andwas in full uniform. He was dispatched to a hit and run accident in
which the caller stated a motorcycle was in the ditch and a male subject left the scene in a Silver
Ford Explorer. Fonk responded to the scene, as did Deputies Campbell and Kless. Fonk handled
the assignment, and then proceeded to the address that the motorcycle listed to: 6107 236th Ave.
(Darren Fude).
Upon his arrival at 6107 236th Ave., Fonk met Deputy Olsen. They made contact with Darren
Fude's wife at the front door, who told them Darren Fude was not in the residence. Fonk
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tnvestigation. tt is the propeñy of this Division, and is loaned to your agency. lts contents are not to be
distributed outside Your agency.
provided K. Fude with the Sheriff s department contact information, and he and Olsen prepared
io leave. Deputies Campbell and Kless arrived and Campbell noted that the Ford Explorer in the
driveway was probably used by Darren Fude to leave the scene of the accident. It was decided to
make one more attempt to contact Darren Fude.
Fonk, Campbell and Kless went to the front of the house. Kless spoke to K. Fude, who said she
would try to contact her husband. She went back into the house, and Campbell, Kless and Fonk
waited at the bottom of the porch steps.
A white male, later identified as Darren Fude, opened the front door of the home holding a long
gun, waving it back and forth on a horizontal plane in the deputies' direction. The man opened
the screen door, and one of the deputies' yelled "gul'r", at which time all three deputies ran for
cover.
The man stepped onto the porch and swept the barrel of the gun on a horizontal plane in a back
and forth motion. Fonk took cover behind a tree, and Campbell moved north of the front porch.
Fonk yelted words similar to "drop the gun, drop the gun". Multiple shots were fìred, and Fonk
believed Campbell fired the shots. The man collapsed on the lawn in front (west) of the porch.
Olsen grabbed the long gun which was lying by the man, and deputies' Olsen and Fonk began
fìrst aid.
Interview of Deputy Campbell
Kenosha County Sheriff Deputy James Campbell stated that on Saturday, October 24,2015,he
was assigned to unit 280. He was with Deputy Kless, and was acting as Kless' training officer.
Kless was in full uniform, and Campbell wore plain clothes with his badge secured visibly on his
belt. They drove together in a marked
squad.
Campbell and Kless responded to the 30700 block of Highway 50 to assist squad 258, Deputy
Fonk, with a hit and run accident investigation. During this investigation they spoke to a witness
who described seeing a white male fall off of his motorcycle, then leave the scene in a Silver or
Tan Ford Explorer driven by a white female. The white male walked to the Explorer with
difficulty, anà the witness feared he was injured. During the investigation it was learned that the
registered owner of the vehicle, Darren Fude, lived at 6107 236th Ãve., Paddock Lake. At the
end of the investigation, Fonk stated he would go to 6107 236th Ave. to try to contact the owner'
Kless and Campbell went as well.
Upon their arrival at 6107 ?j,6thAve., Campbell noted that Deputies Olsen and Fonk were
already there. He was told by deputies that the wife told them that Darren Fude was not home.
Campbell observed a Tan Explorer parked in the driveway and felt the front fender, which was
Page 10
tnvestigation. tt is the property of this Division, and is loaned to your agency. lts contents are not to be
Case/Report Number: 15-5925/56 Report of Investigation
still warm. Carnpbell believed Darren Fude was in the house. It was decided to make one lnore
effort to contact Darren Fude.
Campbell, Kless and Fonk approached the front of the house. Olsen went to the back of the
house. Kless climbed the porch steps and knocked on the door. Campbell and Fonk were at the
bottom of the porch steps. The wife answered the door and Kless asked her if her husband was
home. She said he was not, at which time Campbell asked if the deputies could check the house
to see if Darren Fude was there. The wife refused. Campbell told her he thought she was lying
about Darren's whereabouts, and added if they found out she was lying, she would be arrested for
obstructing. The wife said she would try to call her husband again, and went back into the house,
closing the door behind her.
Kless got off the porch and went to the south side of the house. Deputy Corn walked up to Fonk
and Campbell at the bottom of the porch steps. Campbell heard the wife yelling inside the house'
The front door swung open violently, and Campbell saw a subject in the doorway holding a
shotgun. The gun was held on the subject's right side, at his hip, with the barrel leveled at
Campbell's face. He feared he or Fonk would be shot, and yelled," Gun, gun", and heard Fonk
yell it
as
well.
Campbell ran east along the north side of the house looking for cover. He saw Fonk run
northwest, and knew there was no substantial cover in that direction. As Campbell turned back
towards the subject, he heard Fonk yelling for the subject to drop the gun at least two times.
Campbell was facing west and saw the subject step north from the bottom step of the porch. The
subject was pointing the shotgun in the direction Campbell last saw Fonk running. The subject
raised the shotgun to his shoulder, and Campbell perceived this as the subject preparing to fire
the weapon.
Campbell yelled at the subject to drop the gun, and he saw the subject sweep the barrel of the
shotgun towards him (Campbell). Fearing the subject was going to shoot him with the shotgun,
Campbell fired his service pistol at the subject. He fired numerous times at the subject, moving
forward as he fired, but the subject did not react; he continued to point the shotgun at Campbell.
The subject then fell to the ground and was no longer pointing the shotgun at Campbell, so
Campbell stopped shooting.
Fonk immediately advised the dispatcher that shots had been fired, and to send rescue
immediately.
Olsen approached the subject and removed the shotgun, and seconds later Fonk and Olsen began
to administer first aid to the subject.
Campbell saw the wife come out of the front door. He checked her hands for weapons and
escorted her back into the house. Kless followed them into the house. Campbell instructed Kless
Page I
1
Investigation. tt is the property of this Division, and is loaned to your agency. lts contents are not to be
to perform a protective sweep of the house. When Kless completed this, Carnpbell ordered him
to stay in the house with the family and ensure that they stayed in the house.
Campbell returned outside and began administering first aid with Fonk and Olsen. He removed
his hooded sweatshirt and used it in an attempt to stop the subject's bleeding. Rescue personnel
arrived, and Campbell was relieved of his duty weapon. He remained on scene and gave
Kenosha County SherifPs Department supervisory personnel a brief summary of what happened,
and was removed from the scene.
Review of Radio Traffic
At 5:16P.M., Kenosha County Sheriff squads were dispatched to 30700
State Highway 50 for the
motorcycle crash.
At 5:20 P.M., Kenosha County Sheriff squad 258, Deputy Fonk, arrived at the scene at 30700
State Highway 50. Squad 299,Deputies Kless and Campbell, arrived on scene at 5:21 P.M.
At5:23 P.M., Kenosha County Sheriff Department squad 297,Deputy Corn, arrivedat60lT
236th Ave. At 5:26 P.M. Corn broadcast "Wife says Darren was operating the MC, He's not at
the residence".
At 5:29 P.M., squad 299 broadcast, "Got into a late 90s or 2000s Silver Ford E".
At 5:33 P.M., squad 279,Deputy Olsen, arrived at 6107 236th Ave. At 5:37 P.M', squads297
and279 \eft.6107 236th Ave. and began to check the area.
At 6:06 P.M., squad 258 arrived at 6107 236fh Ave.
At 6:08 P.M., squad 258 made a backup request.
At 6:23 P.M., squad 258 reported shots fîred, and thirty two seconds later broadcast "sending
rescue". At 6:24 P.M. he broadcast "Throw out some towels".
At 6:28 P.M. squad 52l4 broadcast "4 gunshot wounds right now they have a P", then broadcast
at 6:32 P.M., "Trying to stop the bleeding".
At 6:55 P.M., squad 288 broadcast "En route to St. Cats at 1855"
Page 12
tnvestigation. lt is the property of this Division, and is loaned to your agency. lts contents are not to be
Gase/Report Number: l5'5925/56 Report of lnvestigation
Review of Video
Private business Video
Video was collected from a private business, in the area of the motorcycle accident. Investigation
revealed the video was working on the day of this incident.
At 5:07:58 on the video, a vehicle is seen parking on the side of the road on the east lane of the
Highway. The make, model and color of the vehicle is not clear. Only the front half of the car is
depicted in the video. The driver of the vehicle exits the car and walks northwest out of camera
view. The driver is seen re-entering his car at 5:12:16 on the video, and drives away at 5:13:19.
At 5:10:07 on the video a white male is depicted walking westbound in the parking lot of the
store. He appeared to be looking to the southwest, towards the roadway. It is not seen what the
white male was looking at.
At 5:44:57 on the video, a tow truck is seen driving westbound on WI Hwy. 50 with the red roof
lights activated. At 5:52:00 on the video a tow truck is seen driving eastbound on WI Hwy 50
with the red roof lights activated.
Squad Video
None of the Kenosha County Sheriff Department Squad cars driven by Deputies Fonk, Campbell
and Kless, Corn, or Olsen to the scene of this incident had their emergency lights activated. As
such, none of these squad cars had their cameras activated, and no video could be obtained from
them. All squad video obtained from Kenosha Counly Sheriffls Department was from squad cars
arriving after the incident occurred.
No Kenosha County Sheriff s Department Deputies were equipped with body cameras during this
incident.
Autop sv of Da
F
ude
The autopsy of Darren Fude was conducted at the Milwaukee County Medical Examiner's office
on Monday, October 26,2015 by Forensic Fellow Dr. Emily Hanson, with the assistance of
temporary autopsy assistant Taylor Cook, and under the supervision of Chief Medical Examiner
Brián Peterson. Also present at the autopsy were SAs Hepp and Koehler. Photos were taken by
SA Koehler. The following observations were made during the autopsy:
Page 13
The following wounds were observed on Darren Fude:
Gunshot wounds:
l. Left
shoulder, a I 15 grain projectile was recovered from the left side of the rear chest wall.
2.Leftside of upper chest, a93 grain projectile was recovered from left side of chest near left
nipple.
3. Left side ofupper chest, no projectile recovered.
4. Left side of chest graze wound, no projectile was recovered'
5. Left upper quadrant of abdomen ,
a 135 grain projectile was recovered left side of mid-back.
6. Left upper quadrant of abdom en, a 134 grain projectile was recovered from right side
of
mid-back.
7.Leftside of abdomen, near navel, a 136 grain projectile was recovered from left side muscle
8. Graze gunshot wound of right lower quadrant of abdomen, no projectile was recovered.
9,
Lateral left upper arm, projectile fragments were observed on radiograph.
10. Outer rear right thigh, near right buttock, al34 grain projectile was recovered from
fifth
vertebrae.
I 1. Right thigh, no projectile was recovered.
12. Graze wound
of lower left extremity, no projectile was recovered'
injuries. Contusions of the chest, upper extremities and right lower extremity'
Abrasions of the abdomen, right upper extremity and right lower extremity.
13. Blunt force
14. No evidence of natural disease.
The projectiles recovered during Darren Fude's autopsy were turned over to SA Hepp on
Thursday, October 29.They were inventoried by SA Hepp at DCI in the Milwaukee Office.
Page
l4
Wisconsin Divísion of Criminal lnvestigation Gase Report
Wisconsin State Crime Lab Forensic Exa
ation
Numerous items of evidence were collected at the scene, as well as the autopsy, and were
submitted to the V/isconsin State Crime Lab for analysis, including:
Deputy Campbell's firearm, a 9mm Glock 17Gen4 semiautomatic pistol.
The Maverick Arms 12 gauge shotgun recovered at the scene.
Thirteen fired 9 mm cartridge casings.
Seven fired jacketed hollow point bullets.
One fired bullet jacket fragment.
Familv C ontact with the Fu
F
amilv
On October 24,2015 during the investigation of this incident, a Kenosha County Sheriffls
Detective conducted an interview of K. Fude shortly after the event, at the direction of
Milwaukee DCI SAC Klabunde.
Upon arrival of DCI personnel, SA Yerges was assigned to meet with K. Fude and make the
death notifìcation of her husband, Darren Fude. K. Fude was escorted to the St. Catherine's
hospital to meet up with other family members and to view her husband's body for identif,rcation
K. Fude also met with members of the Kenosha County Medical Examiner's office at that time.
On Sunday, October 25,2015,while presentat6107 236lhAve., Paddock Lake, WI, Special
Agent in Charge (SAC) Christina McNichol had two telephone conversations with K. Fude, to
keep her up to date as to the status of the pending release of her home to her cr"rstody. SAC
McNichol also met with Ms. Fude's father, who stated he came to the location with the hopes of
seeing the scene for himself. He was not permitted into the scene or past the perimeter, but SAC
McNichol did relay to him that she was in touch with his daughter, Ms. Fude, and that her
property would be released to her when the investigation was completed.
SAC McNichol eventually met with Ms. Fude at the scene, and escorted her into her home to
retrieve clothing and personal items for herself and her children. After walking Ms' Fude back to
her vehicle, SAC McNichol met with Ms. Fude and her mother. During the course of the
conversation, SAC McNichol explained to the women that the purpose of DCI's presence was to
conduct a thorough, independent, third-party investigation of the incident that took place the
night before. SAC McNichol further explained that this investigation can take some time, and
that, upon its completion, the entire case file would be turned over to the Kenosha County
Page 15
Thìs document contains neither recommendations nor conclusions of the Division of Criminal
distributed outside your agencY.
District Attorney for his review. SAC McNichol told Ms. Fude and her mother that the
determination of whether or not there was any criminal wrongdoing in this incident would be
made by the District Attorney. SAC McNichol also gave Ms. Fude a copy of a Kenosha County
Victim/Witness form and identifred different local contact telephone numbers that may be of use
to her in the future.
During the conversation, Ms. Fude mentioned she did not think she had been interviewed by DCI
personnel. SAC McNichol explained to her that DCI was going to be provided with the
iecording of her conversation with a Kenosha County detective and would be following up with
her with any questions or for any necessary clarifications. At some point during her contact with
SAC McNichol, Ms. Fude also stated that, when her husband walked out the door the night
before, she heard the screen door of their residence open and then immediately heard six gunshots
with no warnings given by police beforehand. Ms. Fude stated that her husband had been in a
motorcycle accident earlier that day and may not have been in the right frame of mind or may
have been suffering from a concussion or other injury. Ms. Fude did not believe the police
needed to shoot her husband.
Subseouent
nø
with Familv:
On October 28,2015, Special Agents Raymond Gibbs and Ricardo Tijerino met with K. Fude at
The Kenosha County Center, at 19600 75th St., Bristol Wisconsin, regarding a deputy involved
shooting death that occurred at Fude's home at 6107 236th Ave., Paddock Lake, Wisconsin, on
Saturday October 24,2015. Present also during the meeting was Fude's mother, Suzanne M.
Roell. The meeting was recorded, and an electronic copy of the meeting was placed on compact
disc and inventoried at the DCI Milwaukee Office. During this meeting, K. Fude reviewed the
statement written by the Kenosha Counfy Detective from her interview on the night of this
incident.
SA Tijerino provided Ms. Fude with a copy of the DOJ victim rights form and had her sign that
she had received it. SA Tijerino offered to review the form with Fude, but she declined and
advised SAs Gibbs and Tijerino that she would read it later. She thanked SA Tijerino for the
information and said it would be helpful to her and her family.
SA Gibbs continued to have contact with K. Fude during the investigative process and notified
Ms. Fude of the presentation of the investigation to the Kenosha County DA's office.
DA Review
On Tuesday, March 15,2016, at 9:00 4.M., a copy of DCI's complete investigative file, as of that
date, was turned over to Kenosha County DA Robert Zapf for review. DCI will continue to
document any additional investigative activities that may occur. Reports of those investigative
activities will be provided to the DA as soon as they are completed.
Page 16
This document contains neíther recommendations nor conclusions of the DivÌsion of Criminal
Gase/Report Number: l5-5925/56 Report of lnvestigation
Page
l7
This document contaÌns neither recommendations nor conclusions of the Division of Criminal
lnvestigation. tt is the properly of this Division, and is loaned to your agency. /fs confenfs are not to be
Office of the Chief
Medlcal Examiner
CountY
or
Milwaukee
,,
TOXICOLOGY LABORATORY
Case Number: 15-05050
Name:
'
FUDE, Darren
Pathologist:
Emily Hansen, M.D
Report Date:
1111312015
TOXICOLOGY REPORT
¿i
sPECIMENS COLLECTEp
.4.T_¡I,iIl l íiiT'.1ì:.2{f.[
T,1i"1
irfiÍ_i {.}},t1_)t
laboratory
The following Specimens were received by fhe Toxicofogy
Description
Item
received by the lab
Liver 32859 was reportedly recovered from Autopsy and was
Liver 32859
on Oct 26,2015.
was received by
cavity Blood 32860 was reportedly recovered fronr Autopsy and
the lab on Oct 26,2015.
Cavity Blood 32860
was received by the
Vitreous 32861 was reportedly recovered from Autopsy and
lab on Oct26,2015.
received by the lab
urine 32862 was reportedly recovered from Autopsy and was
on Oct 26,2415.
was received by
cavity Blood 32863 was reportedly recovered from Autopsy and
the lab on Oct 28,2015.
was receîved by
cavity Blood 32864 was reportedly recovered from Autopsy and
the lab on Oct 26,2A15.
Vitreous.32B6l
úríne32862
Cavíty Blood 32863
Cavity Blood 32864
SCREENING RESULTS
rpecimen
ComPound
32863
Cavity Blood 32863
Cavity Blood
Result
Analysf
lnstrument
AmPhetamine
f
ndicated
Juan Lezama
ELISA
Cannabinoids
lndicated
Juan Lezama
ELISA
OUANTATIVE RESULTS
ComPound
Specimen
Result
Units
Analys(
lnstrument
Cavity Blood 32863 Ethanol
0,199
g/dL
Gregory Johnson
HSGC
g2861
0.232
s/dL
Gregory Johnson
HSGC
Gregory Johnson
GCMS
Vitreous
Ethanol
Cavity Blood 32863 B-phenethylamine
Confirmed
Prosent
Cor.nments
to confirrn
presumptive positive result by enzyme lintced immunosorbont assay (ELlsA). Further tests are required
these results
an¡Rrvric¡t- PRorocolor drug.clãsses: ,.i^^
lmmunoassay scrcening analyzes for the following drugs
Fent¿nyl'
ontl rotatart ¡r
guË="¿¡"rãË¡Åes,-euprcnorptrine,
cocaine
^^^^ih^and related compounds, cannabinolds'
Amohetamine/Methamphetamine type compounds,
OxYcodone
Methadone, OPiates and
933 West Highland Avenue' Milwaukee' Wísconsin' 53233
Telephõne: (414)223-12OO' Fax: ( 414) 223-1212
1of 2
Office of the Chief
Medical Examiner
CountY
of
Milwaukee
Case Number: l5-05050
Nanre:
TOXICOLOGY LABORATORY
FUDE, Darren
S
Pathologist:
Emily Hansen, M.D.
Report Date
4t4t2016
UPPLEMENTAL TOXICOLOGY REPORT
SPECIMENS COLLECTED
The following Specimens were received by the Ïoxicology laboratory:
Description
Item
Liver 32859 was reportedly recovered from Autopsy and was received by the lab
on Oct 26,2015.
Cavity Blood 32860 was reportedly recovered from Autopsy and was received by
the lab on Ocf 26,2015.
VÍtreous 32861 was reporledly recovered from Autopsy and was received by the
fab on Oct 26, 2015.
Urine 32862 was reportedly recovered from Autopsy and was received by the lab
on Oct 26,2015.
the lab on Oct 26,2015,
the lab on Oct 26,2015,
Liver 32859
Cavity Blood 32860
Vitreous 32861
Urine 32862
Cavity Blood 32863
Cavity Blood 32864
OUANTATIVE RESUITS
Specimen
Compound
Result
Units
Analyst
Cavity Blood 32863
delta-9-
3.4
mcg/L
NMS
lnstrument
letrahydrocannabinol
11-nor-9-carboxy-
Cavity Blood 32863
33
mcg/L
NMS
4,9
mcg/L
NMS
ÄnT\4rNf$
TlSTri c)1.{Ü¿
ïetrahydrocannabínof
11-
Cavity Blood 32863
'Ifrill[VË'
hydroxytetrahyd rocan nabi
nol
Comments
Thís report is supplementalto repoñ dated November 13,2015.
AN A
L\.f r cA L
PR
OTO_ç9 r"
APR
11
¿016
KENOSHA COUNTY
DISTRIGT ATTORNEY
4ßt2o1q
Date Approved
Approver; Sara J Scfireiber
;orensic Technical Director
'lâme Of
933 West Highland Avenue. Milwaukee' Wisconsin " 53233
Telephone: (414) 223-1200, Fax: (414) 223'1212
1of1

CoUNTYOF KnxosrrA Drsrnr ArronNEY

Transcription

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