DARLINGTON - No charges will be filed in a law enforcement-involved death of a Shullsburg man earlier this year, state authorities said after completing their investigation.

On Feb. 12, 2024, Lafayette County Sheriff’s Deputies, assisted by a Darlington Police Department Officer, responded to the City of Shullsburg, for a report of a male subject acting erratically and yelling profanities on West Water Street. This incident resulted in the death of Gregg A. Marcotte, 45, of Shullsburg, while in custody of law enforcement.

This incident surrounding the death of Marcotte and the actions of the law enforcement officers who responded has been investigated by the Wisconsin Department of Justice Division of Criminal Investigation (DCI). All evidence, reports, witness statements and video recordings, consisting of body camera, squad car camera, business camera video recordings, as well as video recordings provided by witnesses, has been reviewed by the Lafayette County District Attorney’s Office. 

"After careful consideration of the evidence provided in this case and the circumstances surrounding the incident, it was determined that there was no evidence that a crime was committed by any of the responding law enforcement officers," the Lafayette County Sheriff's Office wrote in a press release April 23. "Therefore, no charges shall be filed in this matter." 

Lafayette County District Attorney, Jenna Gill, announced that “the action of law enforcement officers on February 12, 2024 were lawful and reasonable acts of defense of self and others.”

The facts provided through the investigation of this matter demonstrate that all law enforcement personnel acted in a manner consistent with the law and consistent with their training as law enforcement officers. 

The officers involved have all returned to normal assigned duties within their respective agencies after have been placed on administrative leave, pending the investigation of the incident, which is required by agency policy.

According to the DCI: Wisconsin Statute § 175.47 requires that, in the event of the death of an individual that results directly from an action or an omission of a law enforcement officer, the ensuing investigation must be conducted by an investigative team from an independent law enforcement agency.

If requested, the Department of Justice (DOJ) Division of Criminal Investigation (DCI) may serve as that independent agency. In those instances, DOJ/DCI will provide a complete report to the prosecutor for review. If the prosecutor determines there is no basis for prosecution of the law enforcement officer(s) involved, access to the report as required by Wis. Stat. § 175.47(5)(b) will be provided below.

Records for certain other investigations conducted by DOJ/DCI, with redactions  pursuant to the Wisconsin Public Records Law (Wis. Stat. §§ 19.31-19.39), may also be posted here.

For more information, email at dojcommunications@doj.state.wi.us.

DOJ DCI information on the case can be found at https://www.doj.state.wi.us/dci/officer-involved-critical-incident.

https://www.doj.state.wi.us/dci/officer-involved-critical-incident

https://www.doj.state.wi.us/dci/officer-involved-critical-inciden