Eyewitness says Deadly Force Was Needed

By: Justin Ware
By: Justin Ware

Shortly after 8 Wednesday morning, two officers responded to a disturbance at this gas station on Williamson street in Madison, when officials say the suspect they were questioning attacked the officers.

"The suspect physically attacked the officers, stabbing one officer and biting the other officer," said Chief Noble Wray, Madison police department.

Shortly after that fight broke out, Wray says one of the officers shot and killed the suspect they were fighting with.

"The officer used deadly force and shot the suspect," said Wray. "Officers rendered medical aid and eventually the suspect was pronounced dead at the scene."

32–year department veteran Kirby Harless and 18–year veteran Kip Kellogg were the two officers involved in the incident.

A fourth person, a 33–year–old man, was also injured in the shooting ... he was treated and released from a local hospital.

Harless was treated for a bite and released.

Kellogg was stabbed and is still hospitalized tonight with a non-life-threatening injury.

Police have not confirmed it, but early reports say he is the one who shot and killed 45–year–old Victor Montero–Diaz.

"He looked out of control, distressed, definitely distressed, raging," said Evan Hartman, who witnessed the fight leading up to the shooting.
"He was just super intense on not dealing with any of that stuff."

Hartman lives just one block away from the gas station were the shooting took place, and says the suspect starting "freaking out" when the officers approached him.

"(The suspect) wasn't listening to any of them, he was hitting them, he was going crazy, his legs were up in the air ... he was all over," said Hartman. "They were pushing him against the sign over there, they were pushing him all over, I haven't ever seen anything like that in my life."

Police are not releasing any more details on what led to the shooting, but Hartman says, from what he's seen, the officers were justified in using any means they could to protect themselves.

"He stabbed one of them," said Hartmen. "I would've shot him if I had a gun. I mean what else can you do. You have to protect the other people there, too."

NBC15 615 Forward Drive Madison, Wisconsin 53711 Business: 608-274-1515 Newsroom: 608-274-1500
Copyright © 2002-2014 - Designed by Gray Digital Media - Powered by Clickability 2625156 - nbc15.com/a?a=2625156
Gray Television, Inc.