UPDATED Tuesday, October 31, 2011 --- 10:44 p.m.
MADISON, Wis. (AP) -- Charges have been filed against a man shot and wounded by Middleton police responding to a domestic abuse call.
Twenty-three-year-old Brandon Johnson of Fitchburg was charged Monday with stalking and 16 other charges.
The Wisconsin State Journal reports Johnson was wheeled into court, and bail was set at $85,000.
Johnson is still being treated for his injuries at UW Hospital. Court Commissioner Todd Meurer ordered that he remain in the hospital's secure area.
Johnson was shot by a Middleton police officer on Oct. 4. According to the complaint, Johnson answered the door of his wife's apartment carrying a sawed-off shotgun, which he started to raise toward the officer. The officer fired three times, hitting Johnson twice.
Johnson is charged with stalking for allegedly harassing his estranged wife.
UPDATED Tuesday, October 31, 2011 --- 3:47 p.m.
Press Release from the Dane Co. Sheriff's Office:
Suspect in Middleton Shooting Charged in Court
Madison, WI. October 31, 2011 – Brandon S. Johnson was formally charged today in Dane County Circuit Court on seventeen different charges in relation to an officer involved shooting that occurred on October 4th, 2011 on South Avenue in the City of Middleton. The Dane County Sheriff’s Office has been investigating the case, in which two Middleton Police Officers were found to have acted appropriately by the Dane County District Attorney.
Johnson, age 23 of Fitchburg, continues to be hospitalized as a result of the injuries he sustained in the shooting, but was transported by Dane County Sheriff’s deputies to court today in order to face his charges. According to the criminal complaint, Johnson is being charged with Stalking-Use of a Dangerous Weapon, False Imprisonment, Criminal Trespass, First Degree Reckless Endangerment (x3), Felony Intimidation of a Witness, and Felony Bail Jumping. Other charges include Disorderly Conduct, Criminal Damage to Property (x2), Burglary of a Building or Dwelling, Use of a Dangerous Weapon.
Johnson is expected to be released from the hospital sometime in the near future, at which time he will be booked into the Dane County Jail. Bail has been set at $5,000 on each count, for a total of $85,000.
UPDATED Tuesday, October 11, 2011 --- 1:34 p.m.
Press Release from the Dane Co. District Attorney:
NO CRIMINAL LIABILITY FOR LAW ENFORCEMENT OFFICERS INVOLVED IN SHOOTING OF BRANDON JOHNSON ON 10-4-2011
After extensive briefings by investigators, an inspection of the scene shortly after the incident, a review of summary reports, diagrams, and other evidence, the Dane County District Attorney’s Office concluded Monday, October 10, 2011, that there is no potential criminal court liability for the City of Middleton Police Officers involved in the shooting of Brandon S. Johnson in the City of Middleton on October 4, 2011.
“The officers responded to a disturbance in which they had knowledge of a prior felony domestic incident at the residence. When the door was answered by Mr. Johnson, he refused to exit the apartment to speak with officers. At that time the officer saw Mr. Johnson raise a shotgun which was behind his leg,” said Dane District Attorney Ismael Ozanne. “Responding to that threat with deadly force is permitted under the law.”
At approximately 2:15 AM, on October 4, 2011, City of Middleton Police Officers were dispatched to 7212 South Avenue in the City of Middleton regarding a domestic disturbance complaint. The complainant could hear screaming, yelling and loud banging coming from a neighboring apartment where there had been prior domestic disturbances. Upon arrival at the residence, officers responded to apartment #8 and knocked on the door repeatedly, receiving no response.
When the door was finally answered by a white male, later identified as Brandon S. Johnson, officers asked Mr. Johnson to exit the apartment to speak with them. Mr. Johnson refused to exit the apartment, stating “I’m right here.” At this time the officer saw Mr. Johnson raise a gun. He repeatedly ordered Mr. Johnson to drop the weapon before firing and wounding Mr. Johnson.
Relevant evidence includes statements of witnesses inside of the apartment, officers at the scene, and audio from the officer’s microphone, all of which are consistent with each other.
UPDATED: Wednesday, October 5, 2011 --- 2:48p.m.
From Dane County Sheriff's Office:
Madison, WI. October 5, 2011 – The Dane County Sheriff’s Office is continuing to investigate an officer involved shooting that occurred in an apartment on the 7200 block of South Avenue in Middleton early yesterday morning.
Middleton Police released that at approximately 2:13 am, their officers responded to a disturbance at the apartment, where they were met by a man armed with a shotgun. That man is now being identified as Brandon S. Johnson, age 23 of Fitchburg. Officers repeatedly told Johnson to drop the weapon, but he instead raised the shotgun at the officers and he was subsequently shot by one of the officers.
Johnson was seriously injured in the incident and is currently hospitalized with potentially life-threatening injuries. None of the officers, or the male and female victims inside the apartment was injured.
A neighbor called 911 to report the disturbance, which began after Johnson broke into the victim’s apartment through the attic. Middleton Police also report that there have been previous domestic violence incidents at this location involving Johnson and a female resident.
This ongoing pattern of domestic violence is all too familiar to law enforcement. The Dane County Sheriff’s Office and Middleton Police want to remind victims to utilize the many resources in our community to keep themselves safe. A list of safety suggestions can be found on the Sheriff’s Office website at www.danesheriff.com, under Resources.
UPDATED Tuesday, October 4, 2011 --- 10:45 a.m.
From the Middleton Police Department:
At 2:13 this morning, police received a report of a disturbance in an apartment in the 7200 block of South Avenue.
After officers arrived, a man holding a shotgun opened the apartment door and raised the weapon at the officers. Officers told him to drop the weapon, he did not - and was subsequently shot by one of the officers.
The 23-year-old male was transported to a Madison area hospital. His condition is unknown.
No one else was injured.
There have been previous domestic violence incidents at this location involving the suspect and a female resident.
Middleton Police have requested that the Dane County Sheriff's Office conduct an investigation into the shooting. The District Attorney has been notified. He has been through the scene and has been in contact with Sheriff's Department investigators.
Our initial review of the incident indicates that the actions of the officer were justified.
Posted Tuesday, October 4, 2011 --- 6:05 a.m.
From the Middleton Police Department:
At 2:13 AM, Police received a report of a disturbance in an apartment on South Ave.
After Officers arrived, a man holding a shotgun opened the apartment door and raised the weapon at the officers. Officers told him to drop the weapon, he did not and shot by the officers.
The subject was transported to a Madison area hospital. His condition is unknown.
No one else was injured. There have been previous domestic violence incidents at this location.
Middleton Police have requested that the Dane County Sheriff’s Office conduct the investigation.
Per department policy, the officers involved have been placed on Administrative Leave.
By Captain Noel Kakusk