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UPDATE: Wis. Deputy Cleared in Inmate Shooting at Hospital

UPDATED Friday, March 22, 2013 --- 5:34 p.m.

ELKHORN, Wis. (AP) -- A Walworth County sheriff's deputy won't face charges for fatally shooting a hospitalized inmate who tried to escape.

District Attorney Daniel Necci found that Deputy Richard Lagle was justified in using deadly force.

Lagle was guarding 18-year-old Alfredo Villarreal of Janesville at Aurora Lakeland Medical Center in Elkhorn, where Villarreal was taken for tests Jan. 21.

Villarreal asked to use the bathroom, so Lagle removed his shackle. When the deputy tried to re-shackle him, Villarreal kicked him in the face with his shin, then began punching the deputy in the head.

Lagle had trouble with his stun gun. The inmate began hitting the window of his hospital room with a chair and after he raised the chair toward Lagle, the deputy shot him five times. Villarreal died at the scene.

Copyright 2013: Associated Press

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UPDATED Friday, March 22, 2013 --- 11:00 a.m.

Below is a letter from the Walworth Co. District Attorney regarding the death of Alfredo Villarreal. Villarreal was undergoing tests for a medical issue in January when he attacked a deputy. The deputy shot Villarreal, who later died.

In the letter to the Walworth Co. Sheriff, the District Attorney says the deputy was justified in using deadly force.

Letter from the DA:

Dear Sheriff Graves:

January 21,2013, was a tragic day for Walworth County for many reasons. To that end, I have reviewed all available evidence regarding this case. I have examined every photograph taken by both Waukesha and Walworth County deputies, including those of the scene, the physical evidence, and of the subsequent autopsy. I have reviewed every video recording, including surveillance cameras from the Walworth County Jail and Aurora Lakeland Medical Center. I have further reviewed every audio recording of witness statements; all written statements from witnesses; all reports prepared by Waukesha County detectives; and reports from the Waukesha County Medical Examiner's Office and the Wisconsin State Crime Lab. Additionally, on the evening of January 21 , 2013, I personally observed the scene of the shooting along with Waukesha County detectives.

Alfredo Villarreal was booked into the Walworth County Jail at 8:37 p.m. on January 20,2013. He remained there until approximately 3:40 a.m. on January 21, 2013. At approximately 3:30 a.m. Mr. Villarreal was found by jail staff face-down in his cell with a laceration to his head and bleeding slightly from the mouth. Mr. Villarreal, upon regaining consciousness, indicated that he had used the toilet, turned away and then collapsed. An ambulance was called and Mr. Villarreal was transported to Aurora Lakeland Medical Center for examination. On January 21, 2013, Walworth County Deputy Sheriff Richard Lagle was on duty, in full uniform, and commanded to stand guard at room #222 of Aurora Lakeland Medical Center where Mr. Villarreal was a
patient.

At approximately 6:00 p.m. on January 21,2013, Deputy Lagle began his assignment of guarding Mr. Villarreal. Mr. Villarreal asked to use the restroom and, as he was shackled to the hospital bed by his left leg, Deputy Lagle removed the shackle. Upon returning from the restroom, Mr. Villarreal sat back down in the bed and as Deputy Lagle attempted to re-shackle Mr. Villarreal's left leg, Mr. Villarreal kicked Deputy Lagle in the face with his right shin, causing Deputy Lagle to see a white flash and immediately begin to bleed profusely from the nose. A contusion was found on Mr. Villarreal's right shin during the autopsy.

Mr. Villarreal then began a physical assault on Deputy Lagle, punching him repeatedly in his head. This assault moved from room #222 into the hallway, where Deputy Lagle attempted to utilize his Taser to stop Mr. Villarreal. Deputy Lagle drew his Taser from his duty belt and the end of his Taser fell off. Mr. Villarreal continued his assault as Deputy Lagle retrieved and reattached the end of his Taser. Deputy Lagle verbally warned Mr. Villarreal that if he did not cease, he would be Tased. Mr. Villarreal then fled back into his hospital room and closed the door. Witnesses report hearing an individual yell something to the effect of, "I am getting the [expletive deleted] out of here."

Deputy Lagle was having great difficulty breathing due to the large quantity of blood running into his throat and thought he may pass out. He continually requested assistance using his radio to the best of his abilities while wounded and being attacked, but had no knowledge if his transmissions were being received as he had lost his ear piece at some point in the struggle.

Deputy Lagle fired his Taser to no avail, as it appears that either he missed or hit the closed door to room #222 as Mr. Villarreal fled, thus rendering his Taser useless. Deputy Lagle heard loud banging from, within the hospital room and then drew his weapon, which was a black 9mm handgun manufactured by Glock. Deputy Lagle opened the hospital room door to find Mr. Villarreal hitting the window of his room with a plastic and metal fixed chair, which had cracked the heavy hospital window. Deputy Lagle ordered Mr. Villarreal to drop the chair, to which Mr. Villarreal responded either "[expletive deleted] you" or "[expletive deleted] no" and "I'm not going back to jail."

Deputy Lagle ordered Mr. Villarreal to cease, drop his chair and submit on multiple occasions. Witnesses report that Deputy Lagle yelled "put it down," "Put your hands up," "Show me your hands," "Put it down,” "Don't move," and "Hands Up," while his weapon was drawn. In the span of approximately ten seconds, Mr. Villarreal charged Deputy. Lagle again with the aforementioned chair in hand, came to within several feet of him and stopped. Mr. Villarreal looked around the room, then looked at and squared his body toward Deputy Lagle, and raised the chair again in aggression towards Deputy Lagle. At this point,. Deputy Lagle, fearing for his safety and the safety of others in the hospital, fired his weapon. Deputy Lagle fired his weapon five times. The autopsy revealed gunshot wounds as such: three to Mr. Villarreal's torso, one tangential wound to the top of his head, and one graze wound on the third and fourth fingers of his right hand.

Responding Walworth County Deputy Sheriffs Adams and Miller, as well as Officer Kersten of the UW-Whitewater Police Department, arrived immediately following the discharge of Deputy Lagle's weapon. Those law enforcement officers immediately began life-saving efforts on Mr. Villarreal and called for medical attention. As the incident occurred in Aurora Lakeland Medical Center, medical personnel were able to respond very quickly. However, due to his injuries, Mr. Villarreal died.

Without exception, all of the physical evidence I have reviewed and the statements of all of the witnesses support this account of the events of January 21, 2013.

That being the case, I believe that Deputy Lagle's actions were privileged as acts of defense of himself or others pursuant to Wisconsin Statutes sections 939,45 and 939,48. I believe that there is no other logical conclusion that can be drawn from the evidence other thlan that Deputy Lagle was attempting to prevent himself and others from being attacked with potentially deadly force and, therefore, Deputy Lagle was justified in using deadly force in response. I further believe that no reasonable juror could conclude otherwise, and, as such, I do not believe that an inquest is necessary in this case.

I would be remiss if I did not mention that it is in no small part due to the tremendously swift thorough, and professional investigative efforts: of the detectives of the Waukesha County Sheriff's Office that I am so confident in my analysis. We of Walworth County owe them our gratitude.

As I mentioned earlier, January 21,2013, was a tragic day for our county. A Deputy Sheriff was brutally attacked and forced to utilize his firearm in defense, a young man lost his life, and, as a result family and friends of law enforcement personnel and Mr. Villarreal, in our county and beyond, suffer from fear, anxiety and grief. I know that you will join me in praying for healing for all involved or affected.

If you have any questions or concerns please do not hesitate to contact me. Additionally, please feel free to share this letter with ' whomever you deem appropriate.

Daniel A. Necci
District Attorney

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UPDATED Thursday, February 21, 2013 --- 9:25 a.m.

From the Walworth County Sheriff's Office,

The involved Deputy is Richard Lagle. He has been working as a Deputy for the Walworth County Sheriff’s Office since May of 2009. This investigation remains ongoing.
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UPDATED Tuesday, January 22, 2013 --- 12:42 p.m.

ELKHORN, Wis. (AP) -- Walworth County sheriff's officials say an inmate under guard at an Elkhorn hospital was fatally shot by a deputy during an escape attempt.

Authorities say 18-year-old Alfredo Villarreal, of Janesville, was undergoing tests for an unidentified medical issue when he attacked the deputy Monday about 7 p.m.

Sheriff's officials say Villarreal punched and kicked the deputy in the face multiple times. The deputy used a stun gun on the inmate which failed to stop him.

The sheriff's department says Villarreal then tried breaking a window in his room with a chair. And when that didn't work, he tried to hit the deputy over the head with the chair. The deputy then shot and killed Villarreal who died at the scene.

The Walworth County Sheriff's Department has turned the investigation over to Waukesha County.

Copyright 2013: Associated Press

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Posted Tuesday, January 22, 2013 --- 12:07 p.m.

Press Release from the Walworth Co. Sheriff's Office:

On Monday, January 21, 2013, approximately 6:47pm, a Walworth County Sheriff’s Deputy was guarding an inmate in custody at Lakeland Medical Center in the Town of Geneva. The inmate was in the Walworth County Jail on a Probation and Parole Hold from Department of Corrections – Janesville, WI.

The inmate was at Lakeland Medical Center and was undergoing tests and observation for a personal medical issue.

The inmate is identified as Alfredo Emilio Villarreal, 18 years of age, from Janesville, WI.

At approximately 6:47pm, Villarreal attacked the Deputy in an attempt to escape custody, punching and kicking the Deputy in the face multiple times. The Deputy called for assistance and multiple law enforcement agencies responded to the medical center. The Deputy deployed their Taser which failed to stop the inmate.

Villarreal then used a chair to try to break out the window in his room. When this attempt failed, the inmate attempted to strike the Deputy over the head with the chair. The Deputy discharged their handgun, striking the inmate. Lifesaving measures were immediately implemented by law enforcement and medical staff.

Villarreal died at the scene.

At the request of the Walworth County Sheriff’s Office, and Town of Geneva Police Department, the investigation has been turned over to the Waukesha County Sheriff’s Office. This is an ongoing investigation.


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