UPDATED Monday, October 20, 2008 --- 12:15 p.m.

From the Dane County DA's Office:

Based on a complete investigation of the incident, the Dane County District Attorney's Office has determined that Dane County Sheriff’s Deputy Jason Walters faces no criminal liability for firing his service weapon at Jacob James Prochnow shortly after 2 a.m. on October 11, 2008, in the Village of Cambridge in Dane County because Dep. Walters acted in self defense. Fortunately, Prochnow survived being struck with one round from the nine-millimeter handgun to his right kneecap and a second round to his lower left abdomen.

Dane County District Attorney Brian Blanchard said that this determination is based on a visit to the scene shortly after the shooting, extensive discussion with investigators of the Dane County Sheriff’s Office, and a review of detailed reports generated from an investigation of the incident. Deputy Walters was completely cooperative throughout investigation of the incident, including a voluntary walk-through of the events on the scene shortly after the incident, demonstrating what occurred.

The account given by Dep. Walters was entirely consistent with statements of other witnesses and all physical evidence at the scene, and also matches admissions Prochnow subsequently made.

Dane County Sheriff David Mahoney said that after visiting the scene along with District Attorney Blanchard and participating in the initial walk through, he is confident that Deputy Walters responded to the threat of deadly force by Prochnow just as he had been trained, professionally and with his safety and that of the public as his primary focus.

In brief summary, the facts show that Dep. Walters was among law enforcement officers dispatched to the area of the tavern at 221 West Main Street, the Possum Lodge, on a report of a suicidal man who had an active warrant, identified as Prochnow, then a patron at the tavern. Dep. Walters repeatedly identified himself as a police officer and pursued the highly intoxicated Prochnow as he ran from the area of the tavern a short distance into an alley-like narrow space between two shops in downtown Cambridge. Prochnow then refused Dep. Walters’ commands that he show his hands and come out of the dark, alley-like space. Prochnow repeatedly claimed that he had a gun, and then rushed at Dep. Walters.

Dep. Walters responded to this threat of deadly force by firing his service weapon three times, striking Prochnow twice. The third round entered a business across the parking lot. Prochnow was the only person injured in the incident. Prochnow did not in fact possess the gun he claimed to have. Prochnow acknowledged later that he made the threat to an armed police officer as part of a suicide attempt.

Based on these facts, Dep. Walters was privileged under Wisconsin law to respond to a genuine threat of death with lethal force. Potential charges against Prochnow arising out of this incident are currently under review by the Sheriff’s Office. Prochnow has been transported to the Jefferson County Jail due to charges in that county.

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UPDATED Saturday, October 11, 2008 --- 6:50 p.m.

MADISON, Wis. (AP) --- The Dane County sheriff's office says a deputy shot and wounded an inmate who had been missing from jail for about a week.

The department says Deputy Jason Walters was dispatched to Cambridge on Saturday about 2 a.m. for a report of a suicidal man. Walters found 28-year-old Jacob Prochnow sitting in a park but Prochnow ran and Walters followed him into an alley.

The office says Prochnow claimed to have a gun. He allegedly made a motion to draw a gun and Walters fired.

Prochnow suffered serious but non-life-threatening injuries.

He'd been declared AWOL from the Jefferson County Jail on Oct. 3. He was serving an 8-month sentence with Huber privileges for fourth-offense drunken driving.

Walters has been with the sheriff's office for nine years.

Copyright 2008 The Associated Press.

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Posted Saturday, October 11, 2008 --- 8:15 a.m.

MADISON, Wis. (AP) --- The Dane County sheriff's department says a deputy shot and wounded an inmate who had been missing from jail for about a week.

The department says a deputy was dispatched at about 2 a.m. Saturday to Cambridge for a suicidal man. The deputy found 28-year-old Jacob Prochnow sitting in a park but Prochnow ran and the deputy followed him into an alley.

The office says Prochnow ignored commands and told the deputy he had a gun.

Prochnow then allegedly made a motion as to draw a gun and that's when the deputy shot him.

Prochnow has with serious but non-life threatening injuries.

Prochnow was declared AWOL from the Jefferson County Jail Oct. 3. He was serving an 8-month sentence with Huber privileges for his fourth offense of operating while intoxicated.

Copyright 2008 The Associated Press

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Press Release from Dane County Sheriff's Department:

Early this morning a Dane County Sheriff’s Deputy shot and wounded Jacob Prochnow, age 28 of Cambridge, on the 200 block of Main Street in the Village of Cambridge.

At approximately 2:09 am, a Dane County Deputy was dispatched to the Village of Cambridge for a suicidal man. When the deputy arrived he found Prochnow sitting in a small park located on the 200 block of Main Street.

A short foot pursuit occurred and Prochnow and the deputy entered an alley between two businesses.

Prochnow continued to ignore the deputy’s verbal commands and then told the deputy he had a gun. Prochnow then made a motion as to draw a gun from behind him. At that point the deputy fired his weapon.

Prochnow was taken by Med Flight to UW Hospital where he remains. He suffered serious, but non-life threatening injuries.

Prochnow was declared AWOL from the Jefferson County Jail on October 3rd. He was serving an 8-month sentence with Huber for Operating While Intoxicated – 4th Offense. He had 110 days of his sentence remaining when he went AWOL.

The shooting will be investigated by the Dane County Sheriff’s Office and will then be reviewed by the Dane County District Attorney’s Office. Further information, including the name of the deputy involved, will be released later today.