UPDATE: 3 officers involved in fatal shooting cleared

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UPDATED Wednesday, June 5, 2013 --- 11:22 a.m.

MADISON, Wis. (AP) -- Three Madison police officers involved in the fatal shooting of a man with a history of mental illness have been cleared by a prosecutor.

Dane County District Attorney Ismael Ozanne says Officers Ryan Finnegan, Ryan Orvis and Scott Templeton fired a total of 11 rounds at 43-year-old Brent Brozek. Ozanne says squad car video shows Brozek raising a sword toward the officers before he was killed May 17 outside his condo. The DA says use of deadly force by the officers was justified.

Police say Brozek refused to cooperate with an eviction notice and holed up in his condo most of the day. The State Journal says Brozek has a history of court-ordered commitments for mental illness.

Copyright 2013: Associated Press

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UPDATED Tuesday, June 4, 2013 --- 3:11 p.m.

The Dane Co. District Attorney's office says there is no potential criminal liability for the Madison Police officers involved in the shooting of Brent Brozek.

The shooting happened on Friday, May 17th on Rockefeller Lane.

Deputies had asked Madison police to help them evict Brozek from his condominium following foreclosure.

According to the DA's office, Brozek exited his home armed with a sword, hatchet and a knife attached to his belt. He also had his German shepherd, which was off the leash. Officers gave him verbal commands to stop.

Police fired a less-than-lethal bean bag round at Brozek, hitting him in the hip with little or no effect.

The DA says Brozek is seen on squad video moving toward officers with his sword drawn and raised. He once again did not follow verbal commands, and officers opened fire.

Three officers fired a total of 11 rounds.

In a release, Dane District Attorney Ishmael Ozanne says “Responding to that threat with deadly force is permitted under the law.”

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UPDATED Thursday, May 23, 2013 --- 4:14 p.m.

Today, Department of Justice – Division of Criminal Investigation released the names of the Madison Police Department officers involved in the shooting last Friday on Rockefeller Lane.

· Officer Ryan Finnegan

· Officer Ryan Orvis

· Officer Scott Templeton

Agents are preparing to forward their reports on this officer-involved shooting to the Dane Co. District Attorney. They expect that to happen within the next several days.

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UPDATED Tuesday, May 21, 2013 --- 10:15 a.m.

MADISON, Wis. (AP) -- Dane County authorities say the Madison man shot and killed by police last week after allegedly charging at them with a sword had a history of mental illness.

Sheriff's spokeswoman Elise Schaffer tells the Wisconsin State Journal the 43-year-old man had been taken to mental health facilities in 2004 and 2008 as part of court-ordered commitments.

Deputies had asked police Friday to help them evict Brent E. Brozek from his condominium following foreclosure.

Police spokesman Joel DeSpain says Brozek ultimately came outside and rushed at officers brandishing a large sword. DeSpain says a nonlethal beanbag round was ineffective, and that multiple officers opened fire.

Brozek's former boss says Brozek was fired from his job as a cab driver in January for alluding to executing a female passenger.

Copyright 2013: Associated Press

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UPDATED Monday, May 20, 2013 --- 1:17 p.m.

The Department of Justice released the following statement on Friday night's officer-involved shooting.

"As previously reported, the Department of Justice – Division of Criminal Investigation (DCI), at the request of the Madison Police Department, is conducting the investigation of Friday’s evening’s officer-involved shooting in the 900 block of Rockefeller Lane. The investigation is ongoing, and like any investigation in which a death has occurred, is complex and takes time.

DCI is in the process of conducting witness interviews, reviewing information from the scene, including squad video, and processing evidence. When the investigation is complete, DCI reports will be forwarded to the Dane County District Attorney for review.

At this time it is not expected the officers’ names will be released today. As we’re able to release more information, we will do so."

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UPDATED: Saturday, May 18, 2013 --- 7:56 p.m.

The Dane County medical examiner has released the Identity of the man shot and killed late Friday night on Madison's eastside as 43 year-old Brent E. Brozek of Madison.

UPDATED: Saturday, May 18, 2013 --7:45 p.m.

The man who was shot and killed by Madison police Friday night near his home on Rockefeller Lane has been identified as Brent Brozek, 43, according to the Division of Criminal Investigation.

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UPDATED: Saturday, May 18, 2013 --6:30 p.m.

Investigators with the Wis. Dept. of Justice's Division of Criminal Investigation are now looking into the officer-involved shooting on Madison's east side Friday night. A spokesperson with the DOJ says DCI will be canvassing the area and interviewing witnesses over the next few days.

NBC 15 spoke to some of those witnesses Saturday afternoon about what they saw, and what they knew about the man police shot and killed.

"We didn't know him personally at all," said Jason Andruss. "But just from what we've seen all year long, he's always outside messing with his truck."

Jason Andruss only knew the man as "Brent." He described him as a person who kept to himself, but who didn't seem dangerous.

"He walked around with his dog all the time," he said. "But I don't think no one's ever talked to him. I've never seen no one come visit him."

Jason Andruss says he even knew "Brent" usually carried a weapon. Still, he never felt threatened. "He had a combat knife on him at all times. Last night was nothing new or different than a walk with his dog."

So when Jason Andruss heard those gun shots, he questioned whether they were justified.

"I'm kind of disappointed," he said. "I don't think they should have shot to kill. They have experience. Take out a knee, take out an arm."

"It was like watching a TV show but in real life," Jason's father, Ralph Andruss said. Ralph says he witnessed the whole thing play out. Despite officers' account that the suspect charged at them with a sword, Ralph says he never saw "Brent" lunge at anyone while police were trying to talk to him.

"He came around the car and he was walking toward the cops," Ralph Andruss said. "But he didn't change his walk in any way. Still the same way he was walking. And the next thing I know, he went and pulled something out of his [pocket]--which I thought was a gun, but later learned it was knife--and all of a sudden, they let loose on him."

It's an outcome many in the neighborhood believe was the result of law enforcement's inability to control the situation earlier in the day.

"They kept telling us, he was armed and dangerous," Jason Andruss said. "Then later on they tell us he's not a threat?"

"I think they could have did it a better way," Ralph Andruss said. "He was never a harm to anyone. Never a threat to anyone."

The DOJ would not comment Saturday on what evidence investigators have, or what evidence they still need to collect to corroborate law enforcement's account of what led to the shooting.

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UPDATED: Saturday, May 18, 2013 --1:46 a.m.

The Madison Police Department's Public Information Officer Joel DeSpain says the suspect in an earlier stand-off is now dead after being shot and killed by Madison police officers.

DeSpain said the man came out of his residence on the 900-block of Rockefellar Lane around 9 p.m. Friday night. DeSpain says he had his dog with him, and was carrying a large sword.

DeSpain says Madison police officers tried to engage him in conversation, saying they just wished to speak with him. He responded by brandishing the sword and charged at officers. They attempted to stop him by firing less lethal bean bag rounds. The subject then charged officers a second time and deadly force was used to stop the threat. Multiple rounds were fired by more than one officer. The officers immediately rendered aid by performing CCR. The 43-year old was transported to a hospital where he was pronounced dead.

No officers were injured in the incident.

Three Madison police officers involved in the shooting have been put on administrative leave pending an internal investigation in accordance with police department procedure.

Madison Police had been monitoring the neighborhood since earlier this morning.

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UPDATED: Saturday, May 18, 2013 -- Midnight

Madison Police have confirmed that the man involved in a stand-off earlier on Friday has been shot by Madison Police.

Madison Police sergeant David Compton says the shooting happened around 9 p.m. on Friday outside a residence on the 900-block of Rockefellar Lane. At least three Madison police officers responded to the scene.

The police sergeant says the suspect came out of his residence with an edged weapon. He was shot and wounded by at least one of the police officers. No police officers were wounded. Witnesses at the scene reported hearing 8-10 gunshots. Right now it's not clear what specifically led to the shooting.

The suspect's name is not being released at this time. He has been taken to a local hospital but there's no update on his condition. Earlier on Friday, neighbors described the man as having some mental health issues.

Afterward the shooting, the Madison Police officers involved were taken to the district station for questioning and required to turn over their weapons, which is standard Department procedure after an officer-involved shooting. The officers involved will also be put on administrative leave pending an internal investigation from the Madison Police Department.

Earlier in the day, Dane County SWAT teams, Madison Police and other local authorities were called to the scene for a stand-off involving the man who was eventually shot. Police say the man had been recently served an eviction notice, but was refusing to leave.

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UPDATED Friday, May 17,2013 --- 10:55 p.m.

Witnesses at the scene of a standoff on Madison's eastside say the Madison man exited his house holding a sword. Then witnesses say they heard 8-10 gun shots.

UPDATED Friday, May 17, 2013 --- 4:18 p.m.

Police are packing up at the scene of a standoff on Madison's east side.

Officers say the man barricaded inside an address on Rockefeller Lane is not an imminent threat.

Police will have some squads in the area for whenever he comes out. Neighbors say they've been told to call 911 if the man leaves his residence.

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UPDATED Friday, May 17, 2013 --- 12:30 p.m.

Update from NBC15's Rachelle Baillon on the east side standoff: A negotiator is on the way to the scene. The man doesn't have any hostages, but isn't leaving the property.

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Posted Friday, May 17, 2013 --- 11:12 a.m.

A police standoff is underway on Madison's east side.

Police are assisting in a forced eviction in the 900 block of Rockefeller Lane. A man there is not cooperating with officers.

The man has a history with police and is known to own weapons, so officers were called as a precaution.


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