MONROE - Two officers were justified when they fatally shot a homicide suspect they believed would shoot them, Green County District Attorney Gary Luhman has found.
Luhman said Green County Sheriff's deputies Cody Kanable and John Schuetz were "justified to use deadly force" when they confronted Francisco Benitez Santiago, 25, on July 22. Santiago was being sought in connection with a shooting just minutes before that left one man dead and another seriously injured.
Luhman issued his opinion in a memorandum to Green County Sheriff Mark Rohloff and Monroe Police Chief Fred Kelley dated Friday. The findings were released to The Monroe Times Monday. The Department of Justice released its report, which includes 550 pages of supporting documentation, on Friday.
A witness said Santiago argued with and then shot both men at a trailer home at 720 17th St. in Monroe before fleeing the scene. He was spotted a short time later at 1007 12th St. by residents there, including children, who were socializing outside. He was covered in blood and acting agitated, according to witnesses.
Monroe police officers, as well as Green County deputies, arrived at the scene to apprehend Santiago. Kanable and Schuetz approached the area where Santiago had been seen and commanded him to stop and drop his gun, but Santiago did not, according to both the officers' and witnesses' statements to state investigators. At one point, Santiago began to stand from his position on the ground, pulled a handgun from his waistband and raised the weapon to chest level of the officers. Both officers said they believed Santiago was going to shoot them.
Kanable fired first, with Schuetz firing immediately after. Santiago was given first aid by officers immediately after the shooting and transported to the hospital, where he died as a result of his injuries. Investigators recovered two spent casings from Schuetz's firearm and five spent casings from Kanable's gun at the scene. Autopsy results show Santiago had injuries from gunfire from both weapons.
"For purposes of this analysis, it is not relevant as to which of the two injuries ultimately resulted in (Santiago's) fatal injuries. It appears from all the evidence that both injuries were sustained almost simultaneously and that either injury, of itself, could have resulted in (Santiago's) death," Luhman said.
Autopsy results confirm reports that Santiago had been drinking; his blood alcohol concentration was noted as .161.
Santiago's .22 caliber handgun was not loaded at the time of the shooting, the state's forensics report shows.
"Anecdotal evidence from the initial crime scene investigation at 720 17th St. strongly suggests that Mr. Benitez Santiago discharged all of the ammunition from the .22 caliber semi-automatic pistol and magazine during the initial altercation" in the shooting earlier in the evening, Luhman said.
However, Luhman said, it would "be speculative, at best, to infer that Mr. Benitez Santiago knew the semi-automatic pistol/magazine was empty or out of ammunition at the time that he stood up, turned toward Deputies Kanable and Schuetz, pointing the pistol in their direction."
The deputies acted correctly in their attempt to apprehend Santiago, Luhman found.
"I have concluded that Deputy Kanable and Deputy Schuetz were justified in their decision to discharge their firearms at (Santiago), in order to prevent or terminate what the two deputies reasonably believed to be an imminent threat of death or great bodily harm to themselves or other persons," Luhman wrote.
Kanable has been with the department since 2008 and is presently the K-9 officer. Schuetz has been employed since 2009, works in the patrol division and is a crisis negotiator.
Luhman said Green County Sheriff's deputies Cody Kanable and John Schuetz were "justified to use deadly force" when they confronted Francisco Benitez Santiago, 25, on July 22. Santiago was being sought in connection with a shooting just minutes before that left one man dead and another seriously injured.
Luhman issued his opinion in a memorandum to Green County Sheriff Mark Rohloff and Monroe Police Chief Fred Kelley dated Friday. The findings were released to The Monroe Times Monday. The Department of Justice released its report, which includes 550 pages of supporting documentation, on Friday.
A witness said Santiago argued with and then shot both men at a trailer home at 720 17th St. in Monroe before fleeing the scene. He was spotted a short time later at 1007 12th St. by residents there, including children, who were socializing outside. He was covered in blood and acting agitated, according to witnesses.
Monroe police officers, as well as Green County deputies, arrived at the scene to apprehend Santiago. Kanable and Schuetz approached the area where Santiago had been seen and commanded him to stop and drop his gun, but Santiago did not, according to both the officers' and witnesses' statements to state investigators. At one point, Santiago began to stand from his position on the ground, pulled a handgun from his waistband and raised the weapon to chest level of the officers. Both officers said they believed Santiago was going to shoot them.
Kanable fired first, with Schuetz firing immediately after. Santiago was given first aid by officers immediately after the shooting and transported to the hospital, where he died as a result of his injuries. Investigators recovered two spent casings from Schuetz's firearm and five spent casings from Kanable's gun at the scene. Autopsy results show Santiago had injuries from gunfire from both weapons.
"For purposes of this analysis, it is not relevant as to which of the two injuries ultimately resulted in (Santiago's) fatal injuries. It appears from all the evidence that both injuries were sustained almost simultaneously and that either injury, of itself, could have resulted in (Santiago's) death," Luhman said.
Autopsy results confirm reports that Santiago had been drinking; his blood alcohol concentration was noted as .161.
Santiago's .22 caliber handgun was not loaded at the time of the shooting, the state's forensics report shows.
"Anecdotal evidence from the initial crime scene investigation at 720 17th St. strongly suggests that Mr. Benitez Santiago discharged all of the ammunition from the .22 caliber semi-automatic pistol and magazine during the initial altercation" in the shooting earlier in the evening, Luhman said.
However, Luhman said, it would "be speculative, at best, to infer that Mr. Benitez Santiago knew the semi-automatic pistol/magazine was empty or out of ammunition at the time that he stood up, turned toward Deputies Kanable and Schuetz, pointing the pistol in their direction."
The deputies acted correctly in their attempt to apprehend Santiago, Luhman found.
"I have concluded that Deputy Kanable and Deputy Schuetz were justified in their decision to discharge their firearms at (Santiago), in order to prevent or terminate what the two deputies reasonably believed to be an imminent threat of death or great bodily harm to themselves or other persons," Luhman wrote.
Kanable has been with the department since 2008 and is presently the K-9 officer. Schuetz has been employed since 2009, works in the patrol division and is a crisis negotiator.