Prosecutors rule that the use of a taser by a Wauwatosa police officer was “appropriate”

WAUWATOSA, Wisconsin. – The Milwaukee County District Attorney’s Office concluded that a Wauwatosa police officer acted “immediately reasonable and not excessive” when he tasered a man during an incident in May at Pinelawn Memorial Park.

The entire police operation was recorded on a body-worn camera. The district attorney concluded that the man had “clearly” attempted to strike an officer before being tasered.

ATTENTION: Video of the incident, posted on the City of Wauwatosa’s Vimeo channelmay be disturbing for some viewers. Discretion is advised.

It happened on the night of May 22. According to the public prosecutor’s office, the police were called to the cemetery because there had been an argument between family members during a “celebration of life.”

The Wauwatosa Fire Department was initially called to the scene for a 61-year-old man with a medical issue. When they arrived, people were arguing and “appeared to be intoxicated.” Police were then called.

SIGN UP TODAY: Get daily headlines and breaking news alerts via email from FOX6 News

An officer approached the group, including the man who was eventually shot with the taser. This man was belligerent and confrontational toward the police, the prosecutor wrote.

The officer apparently grabbed the man’s arm to get him under control, prosecutors wrote, but the man grabbed the officer’s vest and “slashed at the officer” – hitting him in the head. Another officer then stunned the man with a taser. The struck officer then put the man’s arms behind his back until another officer arrived and handcuffed him.

Scene at Pinelawn Memorial Park

According to prosecutors, the man lay on his stomach for about 90 seconds after the taser and his breathing could be heard. After he was placed in a sitting position, officers found him unresponsive. Officers then alerted the fire department, which was still on site.

Emergency responders attended to the man and performed CPR; he eventually stopped breathing. He was taken to hospital without injuries, other than broken ribs, which were the result of CPR. The prosecutor’s office said the man was still unresponsive on August 28.

“This is not the outcome anyone wants in this situation,” said Wauwatosa Police Chief James MacGillis. “I must emphasize that the issue drove our actions.”

The investigation was conducted by the Milwaukee Area Investigative Team under the leadership of the Waukesha Police Department. Three officers were placed on leave in accordance with department policy.