WMTV - Morning Show - Headlines

UPDATE: Wis. judge: Board can't act on Officer Heimsness complaint

More Video...

UPDATED Wednesday, September 11, 2013 --- 8:48 a.m.

MADISON, Wis. (AP) -- The Madison Police and Fire Commission has been barred from acting on a citizen complaint against a Madison police officer who shot and killed a man last year.

A Wisconsin State Journal report says a judge issued a preliminary injunction Tuesday. It will remain in effect until late November. The injunction bars the commission from taking any action on the complaint.

The complaint alleges that Officer Stephen Heimsness violated the department's policy on the use of deadly force when he killed Paul Heenan last November. Heenan had been drinking and wandered into a neighbor's home.

Reviews by Madison police and the prosecutor's office cleared Heimsness of wrongdoing but Heimsness agreed to resign effective Nov. 23.

Heimsness still faces a federal civil-rights lawsuit filed on behalf of Heenan's estate.

Copyright 2013: Associated Press

___________________________________________

UPDATED Thursday, August 29, 2013 --- 7:00 p.m.
Reporter: Phil Levin

Paul Heenan's family filed a civil suit in federal court Thursday.

The complaint does not seek specific damages but names the city, former officer Heimsness, and outgoing Madison Police Chief Noble Wray as defendants.

The family's lawyer Jeff Scott Olson says Heimsness violated Heenan's fourth amendment rights by using his weapon instead of less-deadly alternatives.

"Even if this extremely intoxicated, slightly built, short young man was being somewhat belligerent we believe we'll be able to show that there were quite a few other options available to a well-trained police officer short of just aiming your gun and shooting him three times in the chest," said Olson.

The suit alleges Heimsness violated the law by using excessive force. It argues Wray and the City were deliberately indifferent and should have known Heimsness was a risk given previous misconduct.

Olson asked for and anticipates a jury trial will begin in about a year.
_________________________________________

UPDATED Thursday, August 29, 2013 --- 1:10 p.m.

MILWAUKEE (AP) -- A lawyer for the relatives of a Madison man shot and killed by a police officer last year says the family is suing the officer, police chief and City of Madison.

Jeff Scott Olson says he'll file the suit Thursday in federal court. The lawsuit names the city, Police Chief Noble Wray and Officer Stephen Heimsness.

Investigators say 30-year-old Paul Heenan was drunk when he entered a neighbor's home. Heimsness said he fired after Heenan grabbed at his gun, but Heenan's family disputes that.

The district attorney cleared Heimsness of the shooting.

Jim Palmer of the Wisconsin Professional Police Association says Heimsness will let the record speak for itself.

Madison city attorney Michael May declined to comment, saying he hadn't seen the lawsuit. Wray did not immediately return a message seeking comment.

Copyright 2013: Associated Press

___________________________________________________

UPDATED Tuesday, August 13, 2013 --- 9:07 a.m.

MADISON, Wis. (AP) -- The Madison Police and Fire Commission says it won't dismiss a complaint against the police officer who shot and killed a man last year.

A Wisconsin State Journal report says the complaint was filed by the roommates of the victim, Paul Heenan. It accuses Stephen Heimsness of violating the Madison police department's policy on the use of deadly force.

The Dane County district attorney cleared the officer of the shooting, but the police chief later sought to fire Heimsness for alleged policy violations unrelated to the shooting. Heimsness has agreed to retire or quit as of Nov. 23.

The Wisconsin Professional Police Association asked the commission to dismiss the complaint because Heimsness is no longer a Madison police officer. But the commission said Monday it continues to recognize him as an officer.

Copyright 2013: Associated Press

________________________________________________

UPDATED Tuesday, July 2, 2013 --- 7:28 a..m.

MADISON, Wis. (AP) -- A Madison police officer who shot a musician last fall has agreed to resign from the department.

Chief Noble Wray tells the Wisconsin State Journal the last day for Officer Stephen Heimsness officially will be Nov. 23. But City Attorney Michael May says Heimsness won't return to active duty.

Wray began efforts two weeks ago to fire Heimsness for numerous alleged violations of department policy that happened prior to the Nov. 9 fatal shooting of Paul Heenan.

Heimsness has been on paid administrative leave since the shooting. He'll now be on paid sick leave through Nov. 23, according to a memorandum of understanding signed by Heimsness and Wray.

Heimsness was responding to a reported burglary when he shot Heenan. A police investigation cleared him of wrongdoing in that incident.

Copyright 2013: Associated Press

_____________________________________

UPDATED Monday, July 1, 2013 --- 4:58 p.m.

Below is a statement from the Madison Police Department regarding today's news that Officer Stephen Heimsness will resign.

A number of questions have recently been posed reference how Officer Stephen Heimsness will be compensated until his resignation date. The vast majority of individuals that have historically been involved in cases that are before the Police and Fire Commission (PFC) have been on city paid administrative leave, but Stephen Heimsness is utilizing his accrued contractual time until November 23rd, 2013. The Madison Police department supports the resignation that was tendered by Officer Heimsness, and Chief Noble Wray looks forward to the opportunity of addressing this matter publicly in the upcoming weeks. That will be an opportunity for any other questions of this nature to be presented and addressed.

Howard H. Payne
Public Information Officer
City of Madison Police Department

____________________________________

UPDATED Monday, July 1, 2013 --- 12:26 p.m.

Officer Stephen Heimsness has agreed to resign from the Madison Police Department.

Heimsness will resign on November 23, 2013. He is currently on paid sick leave.

The City Attorney has filed a motion with the Police and Fire Commission, asking that Chief Wray’s complaint against Heimsness be withdrawn due to a settlement with Heimsness.

To read the Motion to Dismiss, click HERE.

To read the Memorandum of Understanding, click HERE.

__________________________________________

UPDATED Friday, June 28, 2013 --- 4:53 p.m.

Friends and roommates of Paul Heenan have filed a complaint against Madison Police Officer Stephen Heimsness.

To read the complaint, click HERE.

You can read other documents in this case by scrolling to the links below this text.

Hennan's friends say their first hearing with the Madison Police and Fire Commission is July 8th.

______________________________________________

UPDATED Tuesday, June 25, 2013 --- 4:32 p.m.

Madison Mayor Paul Soglin says he wants to see a change in culture at the Police Department.

His remarks today come in the wake of new allegations against Officer Stephen Heimsness.

The mayor calls the present situation the most serious the Police Department has faced in four decades.

Soglin says training will focus on regaining the public's trust after the recently released complaint.

Soglin hasn't released the training details yet, but he says it will affect all city workers. The training was designed with help from the HR Department and the city's Civil Rights Director.

________________________________________________

UPDATED Monday, June 24, 2013 --- 11:30 a.m.

The Madison City Attorney's Office has released the complaint against Officer Stephen Heimsness.

You can read the full documents by clicking HERE and HERE.

You can read all the documents related to this case by clicking the links at the bottom of this story text.

__________________________________________

Posted Saturday June 22, 2013 12:10pm

Madison Police Chief Noble Wray is asking for Officer Stephen Heimsness to be fired, according to a press release from the Chief.

According to the release, Chief Wray has officially filed a complaint before the Police and Fire Commission seeking separation of service between the police department and officer Heimsness.

The next step in the process is the hearing before the Police and Fire Commission (PFC).

The police chief says the shooting involving the officer and Paul Heenan was "objectively reasonable" within police policy. The chief says the complaint before the PFC involves separate matters.

Scroll to bottom of our stories to read the press release from Chief Wray.

---------------------------------

Posted: Friday, June 21, 2013 -- 10:51 p.m.

NBC15 has learned new information about the Madison police officer who shot and killed Madison resident Paul Heenan last fall.

According to a source, Madison Police Chief Noble Wray is asking for Officer Stephen Heimsness to be fired. That's after an internal investigation revealed Heimsness often sent inappropriate messages to other officers with squad car computers. Those messages were sent before the controversial shooting happened.

According to a source, numerous complaints have been filed against Heimsness. They show Heimsness sent dozens of messages that were harassing, racist and sexist.

A source says Heimsness wrote about colleagues, dispatchers and incidents he responded to. In some messages he wrote about police calls, allegedly saying "I should have killed that guy."

A source says documents also show Madison Police Chief Noble Wray has sent a letter to the Public Safety Commission asking for Heimsness to be fired.

NBC15 did contact Madison Police several times Friday, but have received no official comment.

A Madison Police Department internal investigation earlier this year cleared Officer Heimsness of any wrong-doing in the shooting death of 30-year-old Paul Heenan.

--------------------------------------------------------------
UPDATED Friday, March 1, 2013 --- 6:46 p.m.

Friday, Madison Police released hundreds of pages of documents and video concerning the officer-involved shooting that killed Paul Heenan.

The dash cam video shows a massive Madison Police Department response once there was a report of shots fired. There is no video from Officer Stephen Heimsness' squad, nor the second officer on scene. That's because squad cars don't start recording until the car's blue and red lights are activated--and because of the nature of the call. Neither officer turned on their warning lights when approaching the scene.

The reports include everything from descriptions of Heenan's wounds, to reports of neighbors hearing the confrontation. One report describes an interview with Officer Heimsness, in which he cried and said he was upset about having to shoot Heenan.

_________________________________________________

UPDATED Sunday, February 17, 2013 --- 5:59 p.m.

MADSION, Wis. (AP) -- Madison Police Chief Noble Wray says he plans no changes to his department's training or use-of-force policy following the fatal shooting of a man during a burglary call.

But Wray tells the Wisconsin State Journal (http://bit.ly/VpodOI ) he will pursue changes to his department's internal review process, including greater scrutiny of officers who've had multiple complaints alleging excessive force, even if they're unsustained.

Stephen Heimsness was cleared in the Nov. 9 shooting of Paul Heenan. But Heimsness remains on paid leave pending the outcome of internal investigations into earlier incidents.

The officer says he believed his life was in danger when he shot Heenan, after Heenan reached toward the officer's gun. It turned out Heenan was not a burglar but had been drinking before he mistakenly entered a neighbor's house.

Copyright 2013: Associated Press
----------------------------------------------------------------------------------------------

UPDATED Tuesday, February 5, 2013 --- 11:24 a.m.

Press Release from the City of Madison:

Note: NBC15 has confirmed with city officials that the subject of these online petitions is the November officer-involved shooting.

A petition website (change.org) generated a high volume of messages to the City of Madison which resulted in delayed or denied delivery of other email traffic. The number of messages to the mailbox continued to grow until tens of thousands of messages became backlogged to the city's email system. The city's email server was unable to keep up with the volume, so Information Technology (IT) made the decision to block email traffic from the website (change.org).

The petition site allows each signer of a petition to share the petition with all of their email and social networking contacts automatically. A single petitioner might share the petition with 100 of their friends who share with 100 of each of their friends. This resulted in the number of messages sent to the city's email system increasing exponentially and in the end required the city to block traffic from the petition site. At no time during the incident was the city's email system compromised, nor were any email accounts, network accounts or any information residing on the city network compromised.

To ensure that the petitions are delivered as intended by its creators, IT staff has setup a Gmail account and have asked the organizers of the petition to redirect the signed petitions to the Gmail account. City staff will continue to monitor the Gmail account.

___________________________________________

UPDATED Friday, February 1, 2013 --- 10:30 p.m.
Reporter: Phil Levin

Officer Stephen Heimsness will not face internal discipline for shooting Paul Heenan dead in November, but he is now under investigation for other incidents.

Madison Police Chief Noble Wray says internal investigators are looking into three new complaints about incidents occurring before the Heenan shooting. All of the concerns were raised by staff within the department.

Wray called the preliminary findings "troubling" but would not say what the new complaints allege, only that witness are being interviewed and the assertions do not involve the use of excessive force.

"If someone is being investigated and that complaint turns out to be sustained, then you take the full body of that employee's work and you weigh that," said Wray.

Heimsness was suspended in 2001 after shooting the tires off a car. The city lost a $27,000 civil case in 2006 after he allegedly kicked a man during an arrest in a bar.

Police say they knew about one of the new incidents in late October, before the shooting. That is causing some close to Heenan to question how things might be different if Heimsness was placed on administrative leave sooner.

"If Paulie could have avoided coming into contact with him and perhaps a different officer, any other officer I suspect who would have probably behaved with more restraint, he'd be alive," said Nathan Royko Maurer, who lived with Paulie when he was killed and organized an online petition to take Heimsness off the streets.

"We're not happy that Officer Heimsness is apparently that much closer to being removed from active duty. This actually just ups the ante of the tragedy because it sounds like it was even more preventable than we thought it already was."

Wray says Heimsness will remain on administrative until those investigations, and another now launched by the federal government, conclude.

Asked if Heimsness would return to patrol if cleared, Wray said everyone in his department is expected to work the streets. He also said Heimsness has received threats.

________________________________________

UPDATED Friday, February 1, 2013 --- 3:42 p.m.

Statement of Madison Mayor Paul Soglin on Madison Police Department Investigations:

In any officer involved shooting there are questions. In these situations, there are generally two types of investigations, and they should not be confused.

First, regarding personnel matters we have an internal investigation by the Police Department. This involves the Professional Standards and Internal Investigation (PS&IA) unit of the MPD, and the Police Chief makes a determination regarding discipline.

The second part of the disciplinary process involves the Police and Fire Commission (PFC), five citizens, each serving five-year terms. The PFC is not usually an investigatory body, but an administrative review panel that hears evidence presented by others. For more details on how the PFC works, I suggest reviewing the memorandums from City Attorney Mike May and PFC legal counsel, Scott Herrick.

I find the PFC to be a valuable citizen based review panel regarding disciplinary matters. Citizens who desire a fresh look at the actions of any MPD officer should consider using the PFC procedure.

Second, regarding the state criminal investigation, that matter is subject to state statute and the judgment of the District Attorney who is a county official. There are two parts to the process, first the investigation which must be conducted by a law enforcement agency, and secondly the decision to prosecute. As noted by the City Attorney, this may involve an inquest.

We need to examine this system, which presents some conflicts. I have complete faith in the Madison Police Department to investigate Madison police officers, under the existing system, with assistance or outside review by agencies like the Wisconsin Department of Justice and the Dane County Sherriff. However, because of the questions posed regarding impartiality, I would be receptive to having an outside law enforcement agency take primary responsibility in conducting the criminal investigations when a death occurs because of actions taken by a Madison police officer. As for the decision to prosecute, current law provides that there can be inquiries conducted by a citizen panel conducting an inquest. This procedure is governed by state statue. I am receptive to proposals that might modify these procedures to address the concerns about potential conflicts.

Finally, I welcome the decision by U.S. Attorney John Vaudreuil to request a review by the U.S. Department of Justice. The City will cooperate with the investigation.

Regarding the events on early morning of November 9, 2012, I am withholding comments on the recommendation of the City Attorney. In the future, I will address the challenges of subduing judgment-impaired individuals.

________________________________________________

UPDATED Friday, February 1, 2013 --- 12:33 p.m.

There will be a news conference this afternoon at 3:00 p.m. Chief Noble Wray will be discussing new developments with regards to Officer Steve Heimsness.

NBC15 News will be at the press conference and will have updates here and on NBC15 News at 4, 5 and 6.

_____________________________________________

UPDATED: Tuesday, January 29, 2012 --- 11:30 p.m.
Reporter: Phil Levin

Facing questions from a panel of concerned community members, Madison Police say the officer that shot Paulie Heenan dead didn't have time to use less than lethal force.

Lt. Dan Olivas said officers are trained to use batons, tasers, or even fight a suspect as long as they have time to holster their gun, time he says Officer Stephen Heimsness did not have as Heenan tried to grab him.

"The officer initially was making attempts to physically keep him back with one hand while the struggle was going on, and the officer was not able to keep him off of himself initially," said Olivas.

Critics also asked whether the department would re-investigate the decision not to discipline Heimsness using an authority outside the city, state or county.

"I don't see a reason at this juncture for more of a review," said Chief Noble Wray.

Wray added he was open to reviewing the department's investigation procedures for future cases.

Meanwhile, Paulie's close friends continue to question the officer's conduct.

"He was a pretty reserved guy and the last person you would expect something like this to happen to," said Josh Peterson.

Peterson and a group of other friends are organizing a "Heenan Fest" two-day music festival May 31-June 1 this year. Many of the many bands performing were ones Heenan recorded.

There are also more than 4,700 signatures on a petition to remove Officer Heimsness from patrol.
_________________________________

UPDATED Wednesday, January 23, 2013 --- 11:16 a.m.

Press Release from Ald. Marsha Rummel:

Ald. Marsha Rummel to Hold Community Meeting on Officer-Involved Shooting of Paul Heenan

Sixth District Alder Marsha Rummel will hold a community meeting regarding the officer-involved shooting of Paul Heenan that occurred in her district on November 9, 2012. The meeting will take place on Tuesday, January 29, from 6:30 p.m. - 9:00 p.m. at Bethany Evangelical Free Church, 301 Riverside Drive. Eileen Harrington will be the facilitator.

"My goal is to provide a forum for neighborhood residents to share concerns and ask questions of the District Attorney's Office and Madison Police Department about the investigative process and department training procedures for the use of deadly force," said Ald. Rummel. "I believe there is healing power in a restorative justice approach and intend this meeting to be the first step in a longer process."

The meeting will be a panel format, comprised of three groups: representatives from the District Attorney's Office, the Madison Police Department and community members. After introductions and the sharing of ground rules, each group will give brief opening remarks, then panelists can talk to and ask questions of each other. During this section, the community panel will attempt to represent the larger issues that have arisen, including:
• Use of force
• Investigation policy
• Training/organizational culture regarding mental health, crisis de-escalation and Wisconsin's culture of alcohol
• Policies/procedures for putting an officer back on the street after a shooting

After the allotted time for panels, the facilitator will either open up the floor to questions or select from questions submitted in writing. The meeting will close with a moment of reflection.

__________________________________________

UPDATED Tuesday, January 15, 2013 --- 12:34 p.m.

Since the officer-involved shooting that killed Paul Heenan, some people have asked for an independent review of the case.

City Attorney Michael May recently sent a memo to Madison Mayor Paul Soglin. Soglin had asked for legal advisce on the issue.

In the memo, May says independent reviews already have been done by agencies including the Dane County District Attorney's Office, the Wisconsin Department of Justice Division of Law Enforcement Services, Training and Standards Bureau and the Dane County Sheriff's Office.

May goes on to say that even if any independent agency determined that there should be criminal or civil action taken against the officer involved, they would not have the power to pursue action or discipline. Only the Madison Police Chief or Police and Fire Commission can do that.

The memo reads: "Absent a change in state law, any oversight body would be limited to the question of the MPD’s internal investigation, and could ultimately do nothing more than investigate, report and recommend."

To read the entire memo, click the link above titled "Final Memo to Mayor Re Independent Police Investigation"

The Madison Police Department's investigation into the shooting that killed states that the officer's use of deadly force was "objectively reasonable."

__________________________________________

UPDATED Thursday, January 10, 2013 --- 3:50 p.m.

To watch the MPD's entire Jan. 9th press conference about their investigation into this shooting, click here.

__________________________________________

UPDATED: Wednesday, January 9, 2012 --- 10:20 p.m.
Reporter: Phil Levin

Family and friends of Paulie Heenan are planning a protest Saturday after the decision not to discipline Officer Heimsness.

They will gather at the City-County Building in downtown Madison, which houses much of the Madison Police Department. On Wednesday Chief Noble Wray said Heimsness will return to patrol, something some say sets a dangerous precedent for police conduct.

'We don't find their conclusions in this case to be satisfactory, we think there needs to be more oversight of the incidents of lethal force like this. We don't want to see Officer Heimsness in the Madison Police Department any longer," said Protest Organizer Sam Stevenson, friends with Heenan's sister.

Wednesday marks two months since the shooting. Saturday's event begins at noon.

_____________________________________

UPDATED: Wednesday, January 9, 2013 --- 5:40p.m.

To read the MPD Administrative Review in this case, click here.

To read the review document provided by the State of Wisconsin Department of Justice, Division of Law Enforcement Services Training and Standards Bureau, click here.

MADISON--One of the first things many wonder when talking about this case is why was deadly force even used? Why didn't the officer just pull-out a taser? Madison Police Department officers say that in high-risk scenarios--like a potential burglary--it's important that officers don't show up with too little force because it could put the officer at a disadvantage. "If now at the point of contact when he gives the orders get down, get down to the ground the subject presents a weapon, as opposed to an unarmed response, it's too late or too long for the officer to have to transition from that taser to a firearm to deal with a deadly force threat to his or her life," said Officer Kimba Tieu, a Madison Police Department firearms, defense and arrest tactics expert.

In this case, records show that when Officer Heimsness arrived on scene, he believed he was responding to a burglary. He also reportedly saw Heenan having a physical altercation with the homeowner. Heenan also reportedly ignored the officer's commands and aggressively advanced on Officer Heimsness, apparently attempting to grab his handgun. "If so disarmed that gun will be used against him," said Officer Tieu. "Because what other reasonable conclusion could the officer draw, why would anyone go for the weapon if not to use it and use it specifically against the officer or someone else? It's highly unlikely that a subject was intending to take the weapon and remove the magazine, render it safe."

We're told that when officers face what they perceive as a deadly threat, they're trained to stop that threat. And shooting at the upper body offers more mass to hit, as opposed to trying to aim at a moving leg.

Again, Officer Heimsness has been cleared. He will be returning to patrol at some point, but we're told the department hasn't decided where or when that will happen.

______________________________________________

UPDATED Wednesday, January 9, 2013 --- 5:21 p.m.
by Tim Elliott

Chief Wray has a lot of upset people to deal with. That's because many community members have expressed their displeasure with his department's handling of this case.

Chief Wray opened the press conference Wednesday discussing what he calls the “human aspect.”

He says aside from the investigation and procedures, we can't forget that a life has been lost and many members of the community are upset.

“This is a tough one, this is very difficult,”

Madison Police Chief Noble Wray made it very clear Wednesday afternoon: what happened back on November 9th was extremely unfortunate.

“On behalf of the Madison Police Department, I deeply regret the set of tragic circumstances that led to the death of Paul Heenan,” Chief Wray said in a prepared statement.

Chief Wray says he's well aware that many community members aren't happy with the actions of Officer Heimsness.

“I also know that the incident on November 9th has created a tremendous amount of grief for the Heenan family, the O'Malley family and for those that live in the neighborhood where this incident occurred,”

Some neighbors we spoke with on the 500 block of Baldwin street where the shooting took place say they are still reeling from what happened two months ago. Chief Noble Wray tells us that he understands that people will remain skeptical about what happened that night.

“I expect and welcome, that with an incident like this, that we will have a great deal of community scrutiny,”

Some of that scrutiny can be found on the Paulie Heenan Memorial Facebook page. Question after question, comment after comment have been pouring in.

Despite the backlash, Chief Wray believes his department has done everything in it's power to find the truth.

“I think that we have been as transparent on this as we possibly can. I know there are people out there with different perspectives and opinions on what took place here but I believe as as an organization we have been about as transparent as we can here,”.

A lot of people may be upset, but Chief Wray wants them to know his department is on their side.

“We will do everything we can to build community trust,”

A community demonstration against the way the police have handled this case is planned for this weekend. It's a rally that will be held this Saturday the 12th at noon in front of the City/County Building in downtown Madison.

The purpose of this demonstration will be to "address the assertions, inconsistencies and poor judgment of the authorities involved in this matter."

UPDATED Wednesday, January 9, 2013 --- 3:09 p.m.

Chief Wray's Letter to Madison Citizens and Community Members:

Madison Citizens and Community Members:

The Internal Madison Police Department Investigation regarding the Officer Involved shooting that occurred on November 9, 2012 is now complete. As found in the investigation, during the early morning hours on that date, Officer Stephen Heimsness responded to the report of a burglary in progress. As he approached the scene, he observed a person he believed to be the homeowner in a physical struggle with another subject. Officer Heimsness drew his sidearm and gave loud verbal commands while covering the subject with his firearm. Confronting potential burglary suspects is a high-risk and dangerous activity for police officers; officers are trained to address such suspects at gunpoint. This initial action has been determined to be in compliance with Madison Police Department Policy 4-500 Police Weaponry, and is consistent with Madison Police Department training.

It is undisputed that the subject, later identified as Paul Heenan, did not comply with Officer Heimsness’ demands. Unfortunately – ultimately tragically – and for unknown reasons, Mr. Heenan turned on Officer Heimsness, moved to him quickly, and continued not to follow any verbal commands given by the Officer. Mr. Heenan engaged Officer Heimsness physically, grappled with him. It was Officer Heimsness’ perception that Mr. Heenan also attempted to grab his handgun. Citizen witness Mr. O’Malley physically demonstrated that Mr. Heenan was swinging his hand in the general area of Officer Heimsness’ handgun. Officer Heimsness believed he was in imminent danger of being disarmed, and that his life was in imminent danger. Officer Heimsness determined that his only option to protect his life at that time was to use deadly force. Officer Heimsness indicated that he was able to push Mr. Heenan and create enough distance to bring his firearm to bear. He then fired three shots in rapid succession, all of which struck Mr. Heenan. Mr. Heenan expired as a result of these gunshots. Officer Heimsness’ use of deadly force has been determined to be objectively reasonable and in compliance with Madison Police Department Policy 6-100 Deadly Force Authorized, as well as State of Wisconsin use-of-force standards.

It is important to note that from the officer’s perspective, this was a very tense, uncertain, and rapidly evolving situation. It has been determined that from the time Officer Heimsness first observed the physical altercation occurring between the homeowner and the subject (and made a radio transmission) to the time the three shots were fired (the sound of which is captured on the 911 call), only 15 seconds passed.

I have made the decision to release two documents that were created as a result of this investigation in order to provide the public with a solid understanding of the factual information gathered and the factual and legal basis for the conclusions reached in this matter. They consist of the Professional Standards and Internal Affairs Administrative Review and a review document provided by the State of Wisconsin Department of Justice, Division of Law Enforcement Services Training and Standards Bureau.

Because of the circumstances of this unique case, the significant public interest surrounding it and the fact that the public naturally has a strong – indeed compelling – interest in full factual information regarding the use of deadly force by police officers , I feel it is important to provide this additional information. These documents will be released in their entirety with the exception of two minor redactions of personally identifiable information of cooperating citizens: a private telephone number and a home address. Additionally, although the Administrative Review written by Lt. Olivas references other police reports and the Master Report File (MRF), no additional records will be released at this time. This Administrative Review document is the summary of all the audio, video and hundreds of pages of written records used to investigate this incident.

The purpose of the Professional Standards Administrative Review document is to provide the Chief of Police with a review of the facts surrounding an Officer Involved Shooting and to determine if there was compliance with MPD policies and training. The State of Wisconsin Department of Justice document was created at the special request of this Department, as an additional administrative review of Officer Heimsness’ use of deadly force. In both of these separate reviews, it was found that the decision of Officer Stephen Heimsness to use deadly force falls within State of Wisconsin use-of-force standards. The Madison Police Departments review also determined that Officer Heimsness’ decision to use deadly force was objectively reasonable and in compliance with Madison Department Policy. Based on these investigations I have determined that no MPD policies were violated and have exonerated Officer Heimsness for MPD Policies 4-500 Police Weaponry and 6-100 Deadly Force Authorized.

Sincerely,
Noble Wray
Chief of Police

_____________________________________________

MADISON, Wis. (AP) -- Madison's police chief says one of his officers acted reasonably when he shot and killed a musician who tried to grab his gun in a scuffle.

Chief Noble Wray told reporters Wednesday that Officer Stephen Heimsness will return to patrol duty after an internal investigation exonerated him.

Investigators say 30-year-old Paul Heenan was drunk when he entered the home of a neighbor couple early on Nov. 9. The officer arrived to find Heenan and one of the residents in a scuffle, pulled his gun and ordered them down.

Wray says Heenan disobeyed and grabbed at the officer's gun. He says the officer believed he was in imminent danger of being disarmed, so he opened fire.

Heimsness shot Heenan three times.

The Heenan family has said the shooting was unjustified.

Copyright 2013: Associated Press

_____________________________________________

UPDATED Wednesday, January 9, 2013 --- 12:09 p.m.

From NBC15's Rachelle Baillon, who is at the MPD Press Conference today:

Administrative leave will be lifted. Officer Heimsness will be assigned to patrol. Where and when not determined yet.

__________________________________________

UPDATED Wednesday, January 9, 2013 --- 11:16 a.m.

Information from the Madison Police Department:

The Internal Madison Police Department Investigation regarding the officer-involved shooting that occurred November 9th, 2012 is complete.

According to a statement released by Chief Wray: "It is undisputed that the subject, later identified as Paul Heenan, did not comply with Officer Heimsness' demands."

"Officer Heimsness' use of deadly force has been determined to be objectively reasonable and in compliance with Madison Police Department Policy 6-100 Deadly Force Authorized, as well as State of Wisconsin use-of-force standards."

___________________________________

UPDATED: Monday, January 7, 2013 -- 12:35 p.m.

A Madison Police spokesperson is seeking to clarify a portion of a widely distributed report by the Wisconsin Center for Investigative Journalism. That report appears below.

At issue is information in the eighth paragraph of the report, which says accounts of the incident "make no mention of O'Malley's efforts to inform Heimsness that the intruder was a neighbor."

Madison Police today released information disputing that portion of the report, saying Police Chief Noble Wray answered a question during a news conference about whether people were yelling that Heenan was their neighbor. Wray told reporters, "A statement similar to that, I have heard as part of the investigation. In terms of the accounts of what was actually said--there are different accounts--but something similar to that was indicated in the investigation."

Madison Police have posted that news conference online, which can be found below.

LINK TO MPD PRESS CONFERENCE

The exchange occurs at 13:55 on the video.

Madison Police told NBC 15 today that Chief Wray has been working to be honest and open during this investigation, and plans to be equally transparent when he releases the results of the police department's internal review of the investigation, which is expected sometime this week.

____________________________________________________

UPDATED: Sunday, January 6, 2012 --- 11 a.m.

Below is an update from the Wisconsin Center for Investigative Journalism by Bill Lueders:

The owner of a home mistakenly entered by an intoxicated neighbor who was shot and killed by a Madison police officer arriving on the scene said he tried repeatedly to inform the officer that the intruder was someone known to him.

“I remember yelling, ‘He’s a neighbor! He’s a neighbor!’ ” Kevin O’Malley told the Wisconsin Center for Investigative Journalism, recounting events outside his east-side Madison home in the early morning hours of Nov. 9.

“It was the type of yelling you would do if something was going horribly wrong.”

The responding officer, Stephen Heimsness, shot the unarmed suspect, Paul Heenan, three times in the upper torso. Heenan, 30, was pronounced dead at the scene.

Dane County District Attorney Ismael Ozanne has absolved police of criminal liability, affirming that Heimsness was justified in using deadly force because Heenan had been reaching for his gun.

Heimsness could yet face discipline; Madison Police Chief Noble Wray said he now expects to release the results of the department’s internal probe early this week. Jeff Scott Olson, a lawyer for Heenan’s family, is weighing whether to file a civil suit.

Megan O’Malley, who called 911 at 2:45 a.m. to report that a man had entered their home, said her husband’s shouts of “He’s a neighbor!” were loud enough to be heard from inside the house. Kevin O’Malley said he shared this detail in his statements to police, in the hours after the shooting and in a videotaped interview on Nov. 16.

But detailed accounts of the shooting released by the Madison Police Department and Dane County District Attorney’s Office make no mention of O’Malley’s efforts to inform Heimsness that the intruder was a neighbor. The DA’s office, in a written statement, said Heimsness believed he was facing “a suspect from a potential burglary.”

Ozanne, in an interview, said he was aware that O’Malley “believed he may have made that statement” about Heenan being a neighbor. He didn’t include it in the office’s statement, which he wrote, because “I don’t know if the officer heard it.”

Dan Frei, president of the Madison Professional Police Officers Association, also suggested that given the totality of the circumstances, Heimsness may not have heard what O’Malley was saying. He said studies have shown that officers in high-stress situations experience “auditory exclusion.”

Heimsness did not respond to an emailed request for comment forwarded to him by a police spokesman.

The spokesman, Officer Howard Payne, said Chief Wray was “trying to be fair and equitable” to the process and thus would not comment at this time on O’Malley’s version of events. “Any additional statements of comments before the internal investigation is complete is just going to create more confusion.”

O’Malley, who has previously declined to talk to journalists about the shooting, agreed after consultation with his attorney, Hal Harlowe, to tell his story to the Center. He said he did so because parts of the accounts given by police and the district attorney do not square with what he witnessed. He stressed that he respects law enforcement and is not taking sides.

“I’ve been neutral since the second it happened,” O’Malley said. “I felt like I was neutral as it was happening in front of me.”

But O’Malley said he saw no need for Heimsness to open fire, saying the officer made no attempt to defuse the situation. He worries that the officer’s unqualified public exoneration by the DA’s office “may be setting a standard of police conduct that will result in more unneeded use of force and more danger to the public.”

Heimsness has been on paid administrative leave since the shooting. A 15-year department veteran, Heimsness has been involved in two previous incidents alleging excessive use of force.

In 2001 he was suspended for 15 days for shooting out the tires of a fleeing car in a parking garage. In 2006, he was involved in an arrest of a bar patron that led to the city of Madison paying a $27,000 settlement. The Madison Police Department’s internal investigation found that the use of force in that case, including kicks and knee strikes, was “for the most part … reasonable and necessary.”

Didn’t see gun grab, pushback

After hearing sounds coming from the first floor of his home at 513 S. Baldwin St., O’Malley saw a man standing in his doorway, apparently deeply intoxicated. Heenan, a local musician who had been dropped off after a night of drinking, was later determined to have had a blood alcohol level of .208 percent, more than twice the legal limit for driving.

O’Malley said Heenan, who had recently moved into a strikingly similar house two doors down, appeared disoriented and confused. O’Malley said he recognized Heenan and addressed him by name and began to lead him home. Megan O’Malley, still upstairs, called 911, though her husband answered “no” when asked if she should, the couple said.

Heenan allowed himself to be led all the way back to his own house, O’Malley said. Then Heenan seemed hesitant about entering and eventually came at him, saying, “You wanna get weird?”

O’Malley said the two men grabbed onto each other as Heenan began pushing him backward. O’Malley told police later that he considered calling for help — “I wanted to reverse the situation” — but maintains that he never felt seriously threatened.

At this point, when the two neighbors were on the sidewalk between their two homes, Officer Heimsness arrived on the scene, gun drawn. Heimsness yelled “Get down! Get down!” O’Malley said he and Heenan let go of each other, and Heenan kept walking toward the officer.

“That’s when I started yelling, ‘He’s a neighbor!, he’s a neighbor!” O’Malley said.

Heenan was drunkenly “flailing and swatting at the officer,” said O’Malley, but he never saw him try to grab Heimsness’ gun. Nor did he see Heimsness push Heenan away, as claimed, but concedes this could have occurred.

Officials gave different accounts

Ozanne’s office, in a Dec. 27 press release, said O’Malley told police that Heenan and the officer “separated very briefly” after a physical struggle, to a distance of five to six feet, at which point Heimsness discharged his weapon.

But Madison Police Chief Noble Wray, at a Nov. 12 press conference, made no mention of the two men being separated, saying only that Heenan was reaching for Heimsness’ gun and the officer, believing his life was in danger, fired three rounds.

Wray, in an email, said more information will be forthcoming when the MPD concludes its internal probe. He noted that his earlier press conference took place “very early on in this investigation.”

Attorney Harlowe said the DA office’s reference to a brief separation, while attributed to O’Malley, “didn’t come out of anything Kevin said.” Harlowe told the Center this language “really changes the tone” of O’Malley’s account, suggesting that Heenan was about to re-engage.

Ozanne said he meant to convey only that the period of time between the separation and the shots was brief.

According to O’Malley, Heenan did not make any sort of move toward Heimsness as the shots were fired.

“Right before he was shot his hands were at his sides,” O’Malley said. “When he was shot his hands were at his chest, in a defensive position.”

In fact, O’Malley said Heenan looked in his direction and seemed to notice a second officer arriving on the scene.

O’Malley said he was shocked by the officer’s decision to open fire. “I could not believe what I saw. I yelled ‘goddamn it, goddamn it, Jesus Christ.’ ” He said he heard Heimsness tell the arriving officer, “He went for my gun.” Then O’Malley ran back into his house.

Moments later, the O’Malleys said, several police officers burst into the residence with guns drawn and started to make their way upstairs, toward the couple’s four young children, who were awake during the shooting. O’Malley said they stopped when he explained that the intruder had been a neighbor who had entered the wrong house.

A sense of obligation

Harlowe, a former Dane County district attorney, does not disagree with Ozanne’s decision not to bring criminal charges against Heimsness, given the standard of proof that a successful prosecution would require. But he believes that the factual issues being raised by his client merit public attention.

“What he has to say is important,” Harlowe said. “We simply cannot become inured to the idea of unarmed people being shot without considerable public scrutiny.” He said the police and district attorney’s office “are doing the best they can, but the public should also have the facts and judge for itself.”

He added that O’Malley “didn’t ask to be involved in this,” and was coming forward out of a sense of civic and moral obligation. “He just wants to do the right thing.”

O’Malley, 39, a native of Illinois, moved to Madison with Megan in 2002 and has been employed by several Madison companies, including American Girl, TomoTherapy and, currently, the Great Lakes Higher Education Guaranty Corporation, where he works in communications. Megan teaches at the Madison Waldorf School and has also worked at Wingra School and done in-home daycare.

The couple share a 1,200-square foot, three-bedroom house with their four children, ages 2 to 12. They love their neighborhood and recently hosted its fourth annual Halloween parade of neighborhood children.

But now Megan wonders if the neighborhood will be the same. “I feel terrible that I called the police,” she said. “I wouldn’t call them again.”

_____________________________________

UPDATED Thursday, January 3, 2013 --- 12:48 p.m.

Press Release from the Madison Police Department:

Internal Affairs of The Madison Police Department continues to conduct the internal investigation of Stephen Heimsness, and the burglary incident that occurred at 513 S. Baldwin Street on November 9th, 2012.

Chief Wray expects that investigation to be complete by next week, and plans on holding a press conference (both time and location to be determined) to announce the findings of the ongoing internal investigation.

Because this matter is not complete and continues to be actively reviewed, open records requests, related to this investigation, will not be processed in the interim time. In the interest of both time and efficiency, open records requests should be submitted after Chief Wray has conducted his press conference, and the internal investigation is closed.

_______________________________________

UPDATED: Thursday, December 27, 2012 --- 10:45 p.m.

Neighbors are offering mixed reactions to the District Attorney's decision not to charge Officer Stephen Heimsness, who fatally shot Paul Heenan three times last month.

"I think the fact that Mr. O'Malley stood up an backed away and then the victim charged the police officer, he made a split-second decision and it's just really unfortunate all the way around," said Mary Ann McBride.

Other neighbors are shocked Heimsness will walk away from the incident, while Heenan cannot.

"It seems like the DA set a precedent here that it's okay for an officer to shoot you three times for disorderly conduct," said Amelia Royko Maurer. She argues the use of a gun is inexplicable, since other officers subdue intoxicated suspects regularly and peacefully.

"The actions of police all over the city every weekend prove that he could have avoided that, because most officers don't do what he did," said Royko Maurer.

The Madison Police Dept. is still in the middle of its own investigation of the the incident. Heimsness and another officer remain on administrative leave. A decision is expected as early as Friday.

________________________

UPDATED: Thursday, December 27, 2012 --- 5:50 p.m.

MADISON--"What we have is officers responding to a felony in progress, into a breaking and entering situation," said Dane County District Attorney Ismael Ozanne.

Reports say Madison Police Officer Stephen Heimsness arrived on scene and found Heenan and the man whose house he'd mistakenly entered, struggling. The homeowner recognized Heenan as his neighbor and realized Heenan was in the wrong home. He then tried to help Heenan get to his own house, but Heenan was confrontational. That's when officer Heimsness arrived and Heenan charged him.

"It's not for me to second guess whether an officer approaches with a firearm or not but obviously when they are going into a felony situation that can be their call," said Ozanne. In a press release he said that responding to a physical threat to be disarmed with deadly force may be reasonable under the law. In this case it means the officers involved won't be facing criminal charges.

"No we weren't surprised, we were definitely hopeful that that would be the finding," said Madison Police Department PIO Howard Payne.
But the officers involved aren't yet in the clear: Payne said they're still conducting an internal investigation into the case. "The hope is that that investigation will be complete by the end of next week," he said.

In the meantime the officers who responded to the scene remain on administrative leave. Payne said that's standard procedure for something like this--and not indicative of wrong doing. "This is a review and disciplinary issues could arise out of the internal investigation," said Payne. He said after that investigation is complete is when they'd decide if and when the officers would return from administrative leave.

But, an attorney representing Heenan's family, said a civil suit could still come out of this case. "I'm not at all surprised that there's no criminal charges being brought and I don't expect there to be any internal discipline," said Jeff Scott Olson, the attorney representing the Heenan family. "But that certainly doesn't mean that the family does not have a viable civil claim for damages."

-----------------------------------------------------------------------------------
UPDATED: Thursday, December 27, 2012 --- 12:45 p.m.

MADISON, Wis. (AP) -- Prosecutors have cleared a Madison police officer who shot and killed a man last month of any criminal wrongdoing.

Dane County District Attorney Ismael Ozanne released a statement Thursday saying a homeowner awoke to find his neighbor, Paul Heenan, in his house on Nov. 9. Heenan had been drinking and was confused.

The homeowner's wife called police. Officer Stephen Heimsness arrived with his weapon drawn. According to Ozanne's statement, both Heimsness and the homeowner said Heenan charged Heimsness. The officer said he thought Heenan was trying to grab his gun and he fired because he feared for his life.

Ozanne concluded Heimsness didn't violate any statutes. The prosecutor says anyone who believes he or she faces a genuine threat of deadly force can respond with deadly force.

Copyright 2012: Associated Press
_____________________________________________________

UPDATED: Thursday, December 27, 2012 --- 12:35 p.m.

From Dane County District Attorney Ismael R. Ozanne:

After extensive briefings by detectives, an inspection of the scene shortly after the incident, a review of summary reports from law enforcement, the Wisconsin State Crime Lab, and Medical Examiner’s Office, diagrams, photographs and other evidence, the
Dane County District Attorney’s Office concluded Wednesday, December 26, 2012, that there is no potential criminal court liability for the City of Madison police officers involved in the shooting of Paul Heenan on November 9, 2012.

“Officers responded to the call of a burglary in progress. The first officer on the scene observed the front door of the residence was open and two individuals in a physical struggle on the sidewalk. As the officer approached he observed one person fitting the description of the caller’s husband. The officer had his duty weapon drawn. The two individuals separated as the officer gave loud verbal commands to get on the ground.

The unknown suspect, later identified as Heenan, advanced quickly on the officer in an aggressive manner. A brief struggle ensued in which the officer believed the suspect was attempting to disarm him. The officer was able push the suspect back and create separation between them, at which point the officer fired three shots.” said Dane County District Attorney Ismael Ozanne. “Responding to a physical threat to be disarmed with deadly force may be reasonable under the law.”

At approximately 2:45 AM on November 9, 2012, 911 dispatch received a call of a possible burglary in progress at 513 S. Baldwin Street in the City of Madison. The caller had been in bed when she heard someone entering her residence through the front door. The caller woke her husband and he had gone downstairs to see what was happening. While her husband was downstairs, the caller dialed 911 to have officers respond.

At approximately 2:49 AM, the caller gave dispatch a description of the
clothes her husband had on and that he was a 38 year old white male. Just before 2:50 AM, three gunshots are heard on the dispatch tape in quick succession.

At approximately 2:47 AM, City of Madison police officers were dispatched to a possible burglary in progress. Two officers arrived on scene relatively close in time to each other.

The first officer, PO Stephen Heimsness, moved across the street towards 513 S. Baldwin St. from the direction of Spaight Street, where he took cover momentarily behind a tree on the apron of the road near 513 S. Baldwin. From his position, PO Heimsness could see the front door of 513 S. Baldwin standing open. Having received
a description of the homeowner’s husband, at approximately 2:49 AM, he stepped from behind the tree with his duty weapon drawn and could see two males in a physical struggle on the sidewalk. He approached the two males and gave loud verbal commands to get on the ground. As he was giving verbal commands, the two men
disengaged from each other and the male fitting the description of the caller’s husband, later identified as Kevin O’Malley, moved back and away with his hands raised.

The second male, later identified as Heenan, did not comply with PO Heimsness’ commands to get on the ground and he advanced on the officer.

PO Heimsness stated that Heenan closed the distance between them rapidly, grabbing onto the officer’s outstretched left hand with his right hand. With his left hand, Heenan reached across PO Heimsness’ body towards his duty weapon. PO Heimsness stated
he believed Heenan was attempting to disarm him and that his life was in danger. In canvassing the area shortly after the incident, neighbors reported hearing someone yelling loudly “get down, get down,” just before hearing three shots very close together.

Kevin O’Malley stated on November 9, 2012, he was woken by his wife, who told him someone had opened their door and entered their house. O’Malley went to the top of the stairs where he saw a man at their front door, which was open. He proceeded down the steps and confronted the male. O’Malley recognized the man as a neighbor that he had met a week prior. O’Malley asked if the man's name was Paul and attempted to locate his (O'Malley's) keys, which he believed were used to open the front door.

O’Malley’s wife yelled down to ask if she should call 911, to which O’Malley yelled back “no.” O’Malley stated he believed Heenan was intoxicated and when he could not find his keys, he attempted to take Heenan to his residence a few doors down towards Jenifer Street. O’Malley stated he was not able to get Heenan into his house, as Heenan was not cooperating. O’Malley asked Heenan if he had been at the bar, to which Heenan responded “why?” O’Malley told Heenan that he had entered his home and he could have called the police.

O’Malley stated Heenan said “okay, you wanna get weird?” and then came at him. O’Malley stated Heenan grabbed onto his arms in an aggressive manner and in response he grabbed onto Heenan’s coat collar. O’Malley stated Heenan was pushing him backwards and he had to hold onto Heenan’s collar to fend him off. O’Malley stated
he was thinking things had turned ugly and he was going to have to call for help.

O’Malley also stated he was thinking of how he was going to get out of this situation.

O’Malley stated he heard someone come from behind. O’Malley stated he recognized the person to be a police officer and his handgun was drawn.

O’Malley stated the officer yelled very loudly “get down, get down!” O’Malley stated that once the officer yelled, Heenan’s attention was then directed at the officer. O’Malley stated Heenan then went at the police officer. O’Malley stated Heenan and the officer had a physical struggle then separated very briefly, at which time the officer shot
Heenan two to three times. O'Malley noted a second officer appeared on scene just before or at the time shots are fired. O’Malley estimated the officer and Heenan were approximately 5-6 feet apart when the officer shot Heenan.

The estimated distance is consistent with the Wisconsin State Crime Lab’s gunshot residue findings, which places the gun 24 to 42 inches from Heenan when fired, taking into account arm length and
gun barrel length.

In a subsequent statement, O’Malley minimized whether he felt threatened by Heenan's physical engagement with him. O’Malley did not rescind his description of the physical nature of his encounter with Heenan or Heenan’s physical encounter with PO Heimsness.

Relevant evidence includes statements of witnesses on the scene, officers at the scene, the location of physical evidence at the scene, the Wisconsin State Crime Lab's findings, and the Medical Examiner’s findings, which are consistent with each other.

Under Wisconsin law, which applies equally to members of law enforcement and to those who are not, any person may use deadly force to respond to a genuine fear of deadly force to that person or any other person. In this case, the officer felt compelled to use deadly force when he believed he was going to be disarmed by a suspect from a potential burglary.

* * *

The role of the District Attorney’s Office in a case of this type is limited to a review of the facts to determine whether further investigation is merited and, after all available evidence is obtained, whether criminal charges could be merited for any individual who has survived the incident. Police executives and supervisors have the exclusive
responsibility of establishing appropriate training and protocols for use in response to crisis events, and of selecting from among the tactical options available to police in responding to particular events.

In this case, the City of Madison Police Department appears to have conducted a very thorough, objective investigation that is ongoing. The determination by this office that no criminal liability is possible is warranted based on the consistent evidence that has been assembled since the shooting.
______________________________________________________

UPDATED Sunday, November 18, 2012 --- 11:36 p.m.

Sunday afternoon, people gathered at Trinity Lutheran Church in Madison to remember Paul Heenan. Heenan was killed earlier this month in an officer-involved shooting.

The meeting was also meant to help the community heal. Attendees shared their feelings about the incident, and lit candles.

Cameras were not allowed inside for the meeting. We are told members of Heenan's family attended.

Madison Police Chief Nobel Wray also attended.

_______________________________________

UPDATED: Wednesday November 14, 2012 --- 5:30 p.m.
By: Barclay Pollak

Ever since Paul Heenan was shot and killed by a Madison Police Officer last week his friend's and family have been crying foul.
Now, his family has gotten a lawyer to explore the possibility of legal action.

A few years ago Jeff Scott Olson represented Jacob Bauer. In 2006 Bauer was at State Street Brats downtown when a scuffle broke out.

Bauer was involved, police showed up and according to Olson his client was kicked in the head after being subdued by Officer Stephen Heimsness.The case was settled out of court for $27,000.

Now, Olson is representing Paul Heenan's family.

" They are devastated by the loss of their son. They're buoyed by the tremendous amount of outpouring of love for him that the community has been showing over the last several days. "

Olson says he was retained by the family earlier this week to find out what, if any legal options they have.

Olson says, " They don't have particular desires except to see the truth come out and see justice done. "

Olson believes that his client's son may have been intoxicated. But based on what he has heard he does not believe he had a hostile bone in his body.

He also says he's not surprised that Officer Heimsness was back on the street and he doesn't expect anything to come from the criminal or internal investigation. He says the truth will come out when or if there is a civil trial.

" I'm very troubled by this scenario and I certainly think this case is worth my very best efforts. "

Olson is asking witnesses and anyone else with knowledge of the situation to cooperate with police during their investigation and with him during his investigation. He hopes to have a better idea of the legal options available to the family before the year is over.

Olson says there is no ceiling for compensation when it comes to a case like this. He says if the family pursues legal action, and that is still an if right now, this has the potential to be a multimillion dollar settlement.
______________________________________________________

UPDATED: Tuesday, November 13, 2012 --- 10:15 p.m.

Neighbors, friends, and family are remembering Paulie Heenan with a visitation and a vigil.

Tuesday night, Madison Alder Marsha Rummel organized candle displays on Baldwin St. and the surrounding neighborhood, as she questions why Heenan was shot in the first place.

"Why weren't tasers used?" said Rummel. "Why didn't they hear the home owner shout out 'it's our neighbor?' There's just so much hurt on that block, and anger, so many questions,"

Meanwhile, nearly every home on Heenan's block lit candles in his memory, including the home he accidentally entered.

"It's a safe place and a happy place to live and so this tragedy feels hard," said Angela, who lives nearby. "My daughter and I walked around the neighborhood earlier with a candle right after it got dark having our own little walking vigil and it felt good to know that other people are paying respects this way and coming together trying to come to terms with what's happened."

On Monday, Madison Police Chief Noble Wray said he thought the use of deadly force was justified, but that their investigation is still incomplete. The Dane County Medical Examiner's Office expects to receive Heenan's toxicology report in about a month.

_________________________________

UPDATED: Tuesday, November 13, 2012 --- 3:18 p.m.

Press Release from the City of Madison's website:

For More Information Contact:
Ald. Marsha Rummel, District 6

Please join Marquette neighbors who are calling for a show of support for Paulie Heenan tonight by lighting a candle on your front porch or in your window. Paulie was a neighbor and the victim of the police-involved shooting on Baldwin Street last Friday. The neighborhood wants to show Paulie's family and the other families involved that they are in their thoughts and that they are sending peace and healing their way.

"Our community is heartbroken over the tragic death of Paulie," said Ald. Marsha Rummel. "We hope this tribute will be a first step to healing in our neighborhood."

The visitation and services for Paulie are tonight at 4:00 p.m. and 6:00 p.m., respectively, at Cress Funeral Home, 3610 Speedway Road. There will also be a community healing circle with Reverend David Couper on Sunday, November 18, at 4:00 p.m. at Trinity Lutheran Church, 1904 Winnebago Street.

____________________________________________

UPDATED Tuesday, November 13, 2012 --- 8:35 a.m.

Visitation will be held this afternoon from 4:00 p.m. to 6:00 p.m. for Paul Heenan.

It will be held at Cress Funeral Home located at 3610 Speedway Road, in Madison.

A memorial service will follow at 6:00pm.

___________________________________________________

UPDATED: Monday, November 12, 2012 --- 6:35 p.m.
REPORTER: Chris Woodard

Today we're hearing from police for the first time since an officer involved shooting in Madison on Friday.

Police Chief Noble Wray says the investigation is still ongoing.

At this point the chief says he believes the investigation points to a confrontation between the man killed, Paul Heenan, and police officer Stephen Heimsness, that did produce a deadly use of force situation.

In other words, the information Wray has seen to this point makes him believe the officer was justified in using deadly force.

But Wray is quick to point out they are still investigating.

Wray says the situation started early Friday morning as a burglary in progress call.

However, it turns out this was not a burglary at all.

Heenan had walked into the wrong home by mistake.

The husband of the woman who called 911 went downstairs to investigate and found Heenan.

The two men realized this was not a burglary and Heenan had accidentally walked into the wrong home.

According to Wray the neighbor told police he was walking Heenan back to his own home when words were exchanged, Heenan became angry and the two men began to struggle.

The struggle is described as wrestling or grappling.

The men were still grappling when officer Heimsness arrived at the scene.

He pulled out his gun and yelled "get down."

Wray says at this point Heenan let go of the neighbor who put his hands in the air and backed away.

Wray says Heenan then turned his attention to Heimsness.

According to Wray, Heenan came at the officer and grabbed his harm.

Wray says both the neighbor and the officer agree Heenan came at the officer.

Heimsness said he was worried Heenan was going to try to grab his weapon with a free hand so Heimsness fired three shots at Heenan.

Wray says they are aware of reports that Heenan had been drinking prior to the incident and are waiting for toxicology results to come back.

Wray also said Heenan did have a knife in his pocket. Wray says Heenan never pulled out that knife and as far as he's concerned the knife has nothing to do with this situation or investigation.

A training officer says pulling out a gun immediately upon seeing a struggle at this type of call is consistent with training.

He says officers then have the opportunity to switch to a taser or some form of less lethal force if the situation warrants it and they are able.

Chief Wray says they hope to conclude their investigation and refer it to the DA by mid week.

A Lieutenant with the Dane County Sheriff's Office internal affairs unit is observing and monitoring the investigation.

___________________________________________________

UPDATED Monday, November 12, 2012 --- 7:40 a.m.

From Cress Funeral and Cremation Service:

Madison - Paul H. "Paulie" Heenan, of Madison, Wisconsin, age 30, died November 9, 2012. He was born August 29, 1982 in Madison, the son of John H. and Doris J. "Dorie" Heenan. He had recently returned to Madison after living in New York City for eight years.

A graduate of Oregon High School, Paul was well known in the local community as a talented musician and recording engineer. He found a creative outlet in writing and recording his own music, and performing with different rock bands. He was a passionate and respected musical collaborator, nurturing and supporting the careers of other artists in the Madison area and in New York City.

He had an aptitude for mechanics, electronics and carpentry, skills that he developed while working on projects alongside his dad. A loyal and dependable friend, Paul was your go-to guy for lending a helping hand or repairing broken stuff: your car, your computer, your heart. A compassionate person, he espoused civil rights, animal welfare and human dignity. From his mother, he and his beloved sister Emily learned a love of nature, art and wildlife.

Paul enjoyed reading, especially his favorite authors Mark Twain and Kurt Vonnegut. His life-long love of learning helped him to be a spirited conversationalist on many topics, from music and science to politics and philosophy.

Outgoing and engaging, with a dry and often irreverent sense of humor, Paul was the sort of person who made friends easily, and adopted many of those friends as members of his family. That so many of these friendships endured through time and distance is a testament to his genuine and caring nature.

He is survived by his wife Sarah Mae Saslaw of Portland, Oregon; parents John H. and Doris J. Heenan of Oregon, Wis.; grandmother Joyce Heenan, Stoughton, Wis.; sister Emily Heenan of Raleigh, North Carolina; Emily's partner Kyle VandenLangenberg; aunts, uncles and cousins; his beloved German Shepherd Dog Nico; and many loving friends. He was preceded in death by his grandfather, Richard P. Heenan; and grandparents, George Outhouse and Evelyn Outhouse.

Visitation will be held Tuesday, November 13, 2012 from 4:00 p.m. to 6:00 p.m. at CRESS FUNERAL HOME, 3610 Speedway Road, Madison, Wisconsin 53705. A memorial service will follow at 6:00pm.

Those wishing to honor Paul's life through a donation should direct their gifts to the Oregon High School Orchestras in care of the Friends of the Orchestra (FOTO).

The practice of art isn't to make a living. It's to make your soul grow. - Kurt Vonnegut

_________________________________________________

UPDATED Sunday, November 11, 2012 --- 6:01 p.m.

Update from the Madison Police Department:

The Madison Police Department is releasing the names of the two officers placed on administrative leave following the officer involved shooting on S. Baldwin Street.

Officer Stephen Heimsness is the officer directly involved in the incident. He joined the MPD in 1997.

Officer Stacy Troumbly provided emergency life-saving measures to the person who was shot. She joined the MPD in 2011.

_________________________________________________

UPDATED Saturday, November 10, 2012 --- 2:53 p.m.

A friend of the man killed Friday morning in an officer-involved shooting provided NBC 15 with a picture of him, now identified as 30-year-old Paul Heenan.

We've heard from many friends of Paul Heenan in the last day since the shooting.

They say he was a kind, gentle, giving man, and are having a difficult time understanding what happened Friday.

We have reporters working on this story for more information throughout the weekend.

_________________________________________________

The Dane County Medical Examiner's Office released new details to NBC 15 shortly after 2pm today:

The Dane County Medical Examiner’s Office is releasing the name man who died in the officer involved shooting on Friday November 9th, 2012. This incident occurred in the 500 block of south Baldwin Street in the City of Madison. The deceased male is identified as:

Paul H. HEENAN
30
Madison, WI

A forensic autopsy was completed on November 9th, 2012. The results of that autopsy confirm that Mr. Heenan’s death was the result of firearm related trauma. Additional testing in this case is currently underway.

There will be no further information released by the Medical Examiner’s Office at this time.

This case remains under investigation by the City of Madison Police and the Dane County Medical Examiner’s Office.

_________________________________________________

UPDATED Saturday, November 10, 2012 --- 6:00 a.m.

New information about the deadly officer-involved shooting that occurred early Friday morning in Madison.

A close friend to the deceased tells NBC15 News that his friend had entered the wrong house by mistake; that he had recently moved into the neighborhood.

A police officer shot and killed the intruder during a confrontation outside the home.

The shooting occurred Friday morning in the 500 block of South Baldwin Street.

According to police, a woman called 911 after she heard her front door open.

The woman stayed upstairs with her four children while her husband went to investigate.

The two men ended up outside.

According to Madison Police: One of them then engaged in a physical confrontation with the officer. The officer repeatedly ordered the man to get down. During the confrontation the man was shot by the officer.

The officer involved, a 15-year department veteran, has been placed on administrative leave, which is standard protocol for an officer involved shooting.

_________________________________________________

UPDATED Friday, November 9, 2012 --- 12:30 p.m.

From the Madison Police Department:

The preliminary investigation indicates a woman awoke early this morning after hearing the door to her S. Baldwin St. home opening.

She called 911 and reported she could hear someone in the house, and that her husband went to investigate.

The Dane County Communications Center dispatched officers to a burglary in progress with the communicator telling officers that the caller could hear someone in the house.

The first officer on scene observed two men struggling outside of the home.

One of them then engaged in a physical confrontation with the officer.

The officer repeatedly ordered the man to get down.

During the confrontation the man was shot by the officer.

MPD personnel immediately began to perform life-saving measures, and were aided shortly thereafter by Madison Fire Department paramedics.

Efforts were not successful.

Detectives have learned that the person shot lives in the neighborhood, and was the subject of the burglary in progress call.

The officer involved, a 15-year department veteran, has been placed on administrative leave, which is standard protocol for an officer involved shooting.

The MPD is currently canvassing the area soliciting information, and anyone with information is encouraged to call the MPD at 266-4418.

_________________________________________________

UPDATED Friday, November 9, 2012 --- 7:00 a.m.

From the Madison Police Department:

This morning at 2:46 a.m., the MPD responded to a report of a burglary in progress in the 500 block of S. Baldwin Street.

Upon arrival, there was a physical confrontation between the officer and the suspected intruder.

During the struggle, the officer fired his service weapon and shot the suspected intruder.

The suspected intruder is a male in his 30’s. He was pronounced dead at the scene.

No officers were injured, and there is no ongoing threat to the community.

This is an open and active investigation and more information will be released later.

_________________________________________________

UPDATED Friday, November 9, 2012 --- 6:50 a.m.

NBC15's Tim Elliott is at the scene gathering information.

Tim says a vehicle from a local funeral home arrived at the scene. A body was loaded into the vehicle.

Madison police did say that no officers were hurt during the overnight shooting.

Officers first responded to the scene (500 block of South Baldwin Street) around 2:45 a.m. for a report of a burglary in process.

Madison Police report some type of confrontation between the suspect and the officers. At least one officer fired shots at the suspect.

Stay with NBC15.com for continuing coverage.

_________________________________________________

Posted Friday, November 9, 2012, 4:40 a.m.

One person has been shot in an early morning officer-involved shooting in Madison.

Police say the call initially came in about a burglary in the 500 block of South Baldwin Street around 2:45 a.m.

Madison Police say there was some type of confrontation between the suspect and the officers once they arrived.

At least one officer fired shots and the suspect was hit.

There is no word right now on the extent of that person's injuries. However, the Medical Examiner is at the scene.

Madison Police say no officers were hurt.

Baldwin Street between Jenifer Street and Spaight Street is currently closed as authorities investigate the situation.


Comments are posted from viewers like you and do not always reflect the views of this station.
powered by Disqus
NBC15 615 Forward Drive Madison, Wisconsin 53711 Business: 608-274-1515 Newsroom: 608-274-1500
Gray Television, Inc. - Copyright © 2002-2014 - Designed by Gray Digital Media - Powered by Clickability 178068981 - nbc15.com/a?a=178068981