UPDATE: Wisconsin officer won't return to patrol duties this year

UPDATED Monday, January 11, 2016---3:46 p.m.

MADISON, Wis. (AP) -- The Madison police chief says the officer who fatally shot an unarmed man won't return to patrol duties this year.

Chief Mike Koval said Monday that officer Matt Kenny will continue working behind-the-scenes for the department.

Koval cites a community need to heal. The chief first mentioned Kenny's 2016 work assignment in a December blog post.

Kenny shot 19-year-old Tony Robinson in an apartment house in March. Kenny said Robinson started punching him after he entered the building to investigate sounds of a disturbance. Witnesses said Robinson, who was high on mushrooms, had assaulted two people moments before the encounter.

Prosecutors cleared Kenny of any criminal wrongdoing in May. An internal investigation found he violated no police policies. Kenny returned to work in June.

Copyright 2016: Associated Press

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UPDATED Monday, October 12, 2015---3:43 p.m.

MADISON, Wis. (AP) -- The city of Madison and a police officer who killed an unarmed man this spring have asked a judge to toss the man's mother's civil lawsuit.

Matt Kenny shot 19-year-old Tony Robinson in an apartment house stairwell in March. Investigators said Robinson was high on mushrooms and attacked Kenny. Prosecutors cleared Kenny of any criminal wrongdoing and an internal investigation found he didn't violate any policies.

Robinson's mother filed a federal lawsuit in August alleging Kenny violated Robinson's constitutional rights and the city doesn't adequately train its police.

The city filed a reply on Monday demanding the lawsuit be dismissed, arguing Robinson's death resulted from his own actions. Kenny filed a reply on Friday making the same request on the same grounds.

Copyright 2015: Associated Press

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UPDATED Tuesday, September 1, 2015---1:17 p.m.

MADISON, Wis. (AP) -- A Madison police officer who killed an unarmed man has returned to duty.

Matt Kenny shot Tony Robinson in an apartment house in March. Kenny said Robinson started punching him after he entered the building to investigate sounds of a disturbance. Witnesses said Robinson, who was high on mushrooms, had assaulted two people moments before the encounter.

Prosecutors cleared Kenny of any criminal wrongdoing in May. An internal investigation that concluded in early June found he violated no police policies.

A police spokesman says Kenny, who had been on paid leave, returned to work with the training and mounted patrol units on June 11. He says none of Kenny's duties involve patrols.

Robinson's family has filed a federal civil rights lawsuit against Kenny and the city.

Copyright 2015: Associated Press

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UPDATED: Wednesday, August 12, 2015 --- 11:05 p.m.

The mother of Tony Robinson announced today she is filing a civil lawsuit against the City of Madison and Madison Police Officer Matt Kenny, who fatally shot her son in March. The lawsuit claims Kenny's use of deadly force was unjustified, despite previous investigations that cleared Kenny of any wrongdoing.

"A lawsuit for me is a chance to be able to get those who have hurt my family and took my son from me, from his father, from our family, to get these people to a place where they have to answer to what they've done," Tony's mother, Andrea Irwin, said at a press conference Wednesday afternoon.

The lawsuit alleges Kenny knew Robinson was unarmed and had been experiencing mental health issues. It also claims investigators did not conduct a proper investigation, and allowed Kenny to "concoct a sequences of events" that would justify shooting him.

Jim Palmer, Executive Director of the Wisconsin Professional Police Association, said he does not believes the claims hold merit.

"Officer Kenny has been exonerated after arguably the most extensive independent investigation of its kind in an officer involved shooting in the history of the state. We're confident the city of Madison is not going to settle under any circumstances," Palmer said.

The announcement comes one day after the family of Paul Heenan, who was fatally shot by a Madison Police officer in 2012, announced they received a $2.3 million settlement from the City of Madison.

"The timing is not surprising. I think that obviously this Chicago law firm [representing Andrea Irwin], potentially believed there to be blood in the water and that somehow the settlement in the Paul Heenan case would impact the public's perception of this lawsuit," Palmer said.

But he does not believe it will have an impact, because he claims the two cases are different enough to not have the same outcome.

"I think there's a difference between Paul Heenan grabbing a firearm and Tony Robinson attacking not only Officer Kenny but people previous to that use of force incident. I think that's a striking difference," Palmer said.

John Loevy, one of two attorneys representing Robinson's family, said the family hopes the case will go to a jury.

"Every case is different, obviously in [Heenan's] case there was an injustice and a civil remedy. In our case, there was an injustice and we're seeking a jury trial, we're seeking to put the evidence in court for our client, for Tony," he said.

Attorney Anthony Jurek, who has no affiliation with either case, said in some circumstances, it can be advantages for a government agency or municipality to reach a settlement to avoid trial.

"Settlements avoid the uncertainties of a trial for everyone, both the defendants and the plaintiffs. Additionally cities don't have to admit to any sort of liability, and it avoids bad press for everyone involved," Jurek said.
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UPDATED Wednesday, August 12, 2015---1:33 p.m.

MADISON, Wis. (AP) -- The family of a man who died at the hands of a Madison police officer earlier this year has filed a federal civil rights lawsuit.

Officer Matt Kenny shot Tony Robinson in March. Kenny was responding to calls that Robinson had been running in traffic and had assaulted two people. Witnesses said Robinson was high on mushrooms. Kenny said Robinson attacked him, forcing him to open fire.

Investigators concluded Kenny didn't violate protocol and prosecutors declined to charge him with any criminal wrongdoing.

Robinson's family filed their lawsuit in Madison on Wednesday against the city and Kenny. They allege Kenny's conduct was unreasonable and violated Robinson's constitutional rights.

Deputy City Attorney Patricia Lauten said she hasn't seen the lawsuit but vowed to mount a vigorous defense.

Copyright 2015: Associated Press

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UPDATED Thursday, June 4, 2015---11:42 a.m.

MADISON, Wis. (AP) -- An internal police investigation says an officer who shot and killed a biracial man in March couldn't have used a stun gun per the department's policy.

The internal investigation made public on Thursday says officer Matt Kenny would not have been authorized to use a stun gun because he entered a residence alone. The probe says in a situation in which an officer enters a residence alone in an effort to save someone, he or she is expected to use a pistol to clear the scene. The report exonerated Kenny for using deadly force in the shooting death of 19-year-old Tony Robinson.

Dane County District Attorney Ismael Ozanne in May said he would not charge Kenny in the incident.

Copyright 2015: Associated Press

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UPDATED: Wednesday, June 3, 2015 --- 10:32 p.m.

Madison Police Officer Matt Kenny, who fatally shot Tony Robinson in March, has been cleared by the department to return to work.

Kenny will initially be in a training role and not on patrol. Koval says it's not in Kenny's best interest for it to happen immediately, so there will be a transition period.

"It's not in the community's best interest right now, it's not in his best interest right now, and it wouldn't be in the best interest of those who would have to back him up on a call right now. We need to have some time and space for some healing and reconciliation in order for us to move forward in our transition," Chief Mike Koval said.

Kenny will train in areas including first aid, mounted patrol and Narcan use, though is attorney, Jim Palmer with Wisconsin Professional Police Association, said he expects to return to patrol at some point in the future.

"I think he recognizes the sensitivities of some in the community but at the same time we want to protect his rights as someone whose conduct has been thoroughly examined and deemed appropriate," Palmer said.

Tony Robinson's mom, Andrea Irwin, said she expected this outcome, but isn't happy.

"This is not justice, it's far from justice, and it's disgusting... I'm afraid, and I know plenty of people as well who are afraid that he's going to be back on the street, it's just not right," Irwin said.

Kenny will have to undergo training and meet with a psychologist who specializes in officer-involved shootings.

Irwin said she is still pursuing legal action against Kenny, but hasn't decided exactly how she will proceed. Her attorneys are still reviewing the case, she said.
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UPDATED Wednesday, June 3, 2015---3:56 p.m.

MADISON, Wis. (AP) -- A Wisconsin police officer will return to his job as a patrol officer after being cleared by an internal investigation into the shooting of an unarmed man.

Madison Police Chief Mike Koval says he's set no timeline for returning Officer Matt Kenny to patrol. But Koval says it's not in Kenny's best interest for it to happen immediately, so there will be a transition period.

A department investigation released Wednesday found that Kenny didn't violate deadly force policies in the March shooting of 19-year-old Tony Robinson. That finding came soon after a prosecutor also decided against any criminal charges.

An outside investigation found that Kenny had been struck in the head by Robinson and feared for his life before firing the fatal shots.

Copyright 2015: Associated Press

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UPDATED Wednesday, June 3, 2015---3:10 p.m.

MADISON, Wis:--In response to Wednesday's announcement by the Madison Police Department clearing Officer Matt Kenny in the shooting death of Tony Robinson, The Wisconsin Professional Police Association released the following statement:

WPPA Executive Director Jim Palmer, who is also Kenny's attorney said, “We believe the Madison Police Department’s determination to clear Officer Matt Kenny of any policy violations for the fatal shooting of Tony Robinson is the correct result. Several law enforcement agencies were involved in the extensive investigations that have been conducted in this matter, and we are pleased that both the internal investigation and the criminal investigation concluded that Officer Kenny’s actions were appropriate, lawful, and in accordance with the rules governing his conduct. Nonetheless, those facts do not diminish our recognition of the loss that the Robinson family has suffered, and we again extend to them our deepest condolences.

“Officer Kenny looks forward to being able to continue his service to the people of this city, and the WPPA will work with the Madison Police Department to transition him back into police service in a way that delicately balances the sensitivities of the community, the department’s needs, and the rights of an officer whose actions have been carefully examined and deemed appropriate.”

And the American Civil Liberties Union of Wisconsin says the Madison Police Department must change after numerous killings. They say they have been following the criminal and internal investigations in the killings. Chris Ahmuty, the executive director of the ACLU of Wisconsin, made the following statement:

“The Madison Police Department has found that Officer Kenny did not violate departmental policies and procedures when in fatally shoot Tony Robinson on March 6, 2015. Mr. Robinson is the latest in a series of individuals killed by Madison Police. Since the killing of Paul Heenan on November, 9, 2012 there have been five more killings including Mr. Robinson. The ACLU of Wisconsin believes that too many killings have taken place, whether or not police officers violated the law or departmental policy “

“The ACLU of Wisconsin believes that either the Madison Police Department’s policies or its internal investigations are deficient. A recent story in the Wisconsin State Journal pointed out that the Madison Police Department’s standard operating procedure for officer involved shootings states that “detailed interviews should be delayed to allow the involved officer time to overcome the initial stress of the incident’ This procedure should call into question the integrity and accuracy of the internal investigation into Officer Kenny’s conduct. The internal investigation needs to be investigated to determine whether or not it is credible. “

The ACLU of Wisconsin is concerned that the recurring violence carried out by the Madison Police Department will continue, unless the Madison Police Department finds better ways to handle critical incidents. It calls upon Madison Police Chief Mike Koval, the Common Council and other city leaders to seriously address these killings. Another study or “commission” is not likely to result in meaningful change. The Madison Police Department needs to change.”

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UPDATED Wednesday, June 3, 2015---1:16 p.m.

MADISON, Wis. (AP) -- A Wisconsin police officer has been cleared of wrongdoing in an internal investigation of his fatal shooting of an unarmed 19-year-old man.

The Madison Police Department on Wednesday issued a summary of its finding that Officer Matt Kenny did not violate its deadly force policies in the March 6 shooting death of 19-year-old Tony Robinson.

The internal decision follows one last month by Dane County District Attorney Ismael Ozanne that Kenny would not be charged in the case.

Kenny has been on paid leave since the shooting. The exoneration clears the way for Kenny to return to the police department, something his attorney has said he wants to do.

Kenny shot and killed Robinson after Robinson, who was high on hallucinogenic mushrooms, struck the officer in the head.

Copyright 2015: Associated Press

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UPDATED Tuesday, May 19, 2015---8:07 a.m.

MADISON, Wis. (AP) -- Black religious leaders in the Madison area are calling for the resignation of a police officer who fatally shot a teenager in Wisconsin's capital city.

The Wisconsin State Journal reports members of the African-American Council of Churches said Monday that they want Officer Matt Kenny to step down. A prosecutor announced last week that Kenny would not be charged in the March shooting death of 19-year-old Tony Robinson.

Bishop Harold Rayford said church council members believe Kenny acted "irrationally and improperly" in shooting Robinson. He said they wouldn't feel safe if Kenny returned to the streets.

Kenny is on paid leave pending an internal investigation. His attorney has said Kenny wants to return to his job. The police chief has said he fears for the officer's safety.

Copyright 2015: Associated Press

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UPDATED Thursday, May 14, 2015---8:15 a.m.

MADISON, Wis. (AP) -- When a police officer killed an unarmed teen in Wisconsin's capital city, the shooting heightened tensions and stirred up some protests.

But no one has hurled so much as a pebble, broken anything or thrown any punches. The approximately two dozen arrests so far involved protesters blocking traffic.

Instead, existing relationships, local traditions and cooler heads helped keep the streets of Madison peaceful -- at least so far.

Officer Matt Kenny killed 19-year-old Tony Robinson on March 6. On Tuesday, a prosecutor announced that the officer would not be charged.

Police credit their longstanding relationships with black leaders. Chief Mike Koval reached out to Robinson's family personally, even praying with Robinson's grandmother in her driveway.

The ultra-liberal city has a long tradition of accommodating and encouraging political demonstrations.

Copyright 2015: Associated Press

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UPDATED: Wednesday, May 13, 2015 --- 9:51 p.m.

Tony Robinson's mother is raising concerns about the state investigation into her son's death. On Tuesday, District Attorney Ismael Ozanne announced he would not file charges against Madison Police Officer Matt Kenny. Part of his analysis was based on a report compiled by the Division of Criminal Investigation, within the Wisconsin Department of Justice.

Andrea Irwin said she and her lawyers have conducted a separate investigation into her son's death. She does not feel the DCI findings match what her team discovered.

"The two-week investigation that DCI did, extremely different from what we find," Irwin said.

On Tuesday, Ozanne referenced Kenny's dash cam video that showed him inside the home for approximately 20 seconds. He stated Kenny's account of what happened inside, which included a struggle with Robinson up the staircase.

Irwin said she does not believe Kenny's account of what happened.

"We've done our own reenactment and it's absolutely impossible to do everything he said he did in a 20 second time frame," she said.

Madison Police Chief Mike Koval defended the DCI investigation and Ozanne's ability to reach a fair conclusion.

"This is an instance where literally you had a state-wide agency do the investigation, a thorough exhaustive and comprehensive investigation, it was turned over to an elected official who's beholden to no one except the voters," he said.

Koval believes Ozanne conducted a thorough investigation before reaching his decision.

"To the extent that no one can find agreement or consensus that he is the one who had to apply the unique facts of the case, using the law that's currently on the books, I'm sorry that that isn't the outcome that everybody wants, but it's a fair one," Koval said.

Irwin said she plans to take legal action against Kenny, either through a civil or federal lawsuit. She plans to meet with her lawyers this week to determine a plan.

"There's more that's coming, and trust and believe I will prove that's not what happened," she said.

She said she will pursue the case until she feels she gets justice.

"I want matt kenny to go to jail. I want him to have to sit in jail and know that his life is now a cement square block because my son's life is gone," she said.
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UPDATED: Wednesday, May 13, 2015 --- 3:24 p.m.

MADISON, Wis.-- Police have begun arresting protesters angry about a prosecutor's decision not to charge a police officer for shooting an unarmed man.

Officers converged on about 20 protesters who refused to leave an intersection near the Capitol building on Wednesday. The protesters linked arms as they were detained, and some of them cried. Some onlookers shouted insults, including racial epithets, at the officers.

The 20 were among an estimated 150 to 200 demonstrators who marched peacefully through the streets earlier Wednesday and staged a mock trial for Officer Matt Kenny in the March 6 killing of Tony Robinson.

Dane County District Attorney Ismael Ozanne said Tuesday that he felt Kenny's actions were justified and charges weren't warranted.

Copyright: Associated Press 2015
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MADISON, Wis. (AP)--The mother of an unarmed man who was killed by a Madison police officer in March is questioning the official investigation of the incident.

Dane County District Attorney Ismael Ozanne said Tuesday that he won't charge Officer Matt Kenny for shooting and killing Tony Robinson. The announcement triggered new protests Tuesday and Wednesday from those who want Kenny to stand trial.

Andrea Irwin says she doesn't think the authorities have released all of the facts regarding her 19-year-old son's death. She disputes Kenny's account of the moments leading up to the shooting.

Kenny told investigators that Robinson hit him in the head and he feared Robinson would take his gun. Irwin says there's no way Kenny's story could have played out in such a short amount of time.

Copyright 2015: Associated Press

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UPDATED Wednesday, May 13, 2015---1:33 p.m.

MADISON, Wis. (AP)--People angry about a prosecutor's decision not to charge a Madison police officer for killing an unarmed man have conducted a mock trial of the officer in protest.

About 150 to 200 protesters marched through the streets of Wisconsin's capital city on Wednesday before gathering outside of the Dane County Courthouse to stage the fake trial.

The crowd cheered when actors said they would charge Officer Matt Kenny in the March killing of 19-year-old Tony Robinson. Members of the Young, Gifted and Black Coalition, which has led protests since the killing, said the demonstration was intended to represent the processes they wished Dane County District Attorney Ismael Ozanne had used.

Ozanne said Tuesday that he believes Kenny's actions were justified and didn't warrant charges.

Copyright 2015: Associated Press

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UPDATED: Wednesday, May 13, 2015 --- 12:17 p.m.

MADISON, Wis.--- Madison Mayor Paul Soglin says any protesters who break the law should expect to be arrested.

Scores of people are marching through the city to protest a prosecutor's decision not to charge Madison police Officer Matt Kenny for shooting and killing an unarmed man in March. Dane County District Attorney Ismael Ozanne said Tuesday that he believes the shooting was justified.

Soglin says the city will provide "the greatest latitude" for anyone expressing their beliefs. But he says police won't tolerate illegal acts such as the blocking of ambulances. He also urged protesters not to interfere with the arrests of others.

The mayor acknowledged that many community members are unhappy about Ozanne's decision, but he said there are many who support it.

Copyright: Associated Press 2015
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UPDATED: Wednesday, May 13, 2015 --- 11:47 a.m.

MADISON, Wis.--- Hundreds of protesters are blocking a downtown Madison intersection as they rally against a prosecutor's decision not to charge a police officer in the death of an unarmed man.

The crowd blocked the intersection for about five minutes Wednesday morning during a march to the Dane County Courthouse, where they plan to stage a street trial of the city's police department. The demonstration's leaders say they need to put their bodies on the line to show the public that black lives matter.

Officer Matt Kenny shot 19-year-old Tony Robinson in an apartment house on March 6. According to investigative reports, Robinson was high on mushrooms and punched Kenny in the head.

Copyright: Associated Press 2015
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UPDATED: Wednesday, May 13, 2015 ---9:22 a.m.

MADISON, Wis.--- Protesters are gathering outside an apartment house where a Wisconsin police officer shot and killed an unarmed man in March.

The Young, Gifted and Black Coalition is asking people to leave work and school Wednesday and join them on a march from the apartment house to downtown Madison, where they plan to set up a street court to try the Madison Police Department themselves.

Dane County District Attorney Ismael Ozanne said Tuesday that he wouldn't charge Officer Matt Kenny in Tony Robinson's death because he believes the shooting was justified.

About a dozen people had gathered at the apartment house as of 9 a.m. with wagons loaded with coffee and water bottles.

Copyright: Associated Press 2015
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UPDATED Wednesday, May 13, 2015---8:08 a.m.

MADISON, Wis:--An activist group that has led several demonstrations over the police shooting of an unarmed man in Madison is calling for a widespread walkout.

Young, Gifted and Black is calling the effort Black Out Wednesday. They say it recognizes the death in March of Tony Robinson Jr., as well as struggles such as poverty and mass incarceration that blacks face in America.

The group is staging its effort one day after a Wisconsin prosecutor declined to charge a police officer in the death of Robinson. The prosecutor said the officer used lawful deadly force after he was punched in the head by Robinson and feared for his life.

Some 300 people staged a peaceful march Tuesday from the apartment building where Robinson was shot to the Capitol.

Copyright 2015: Associated Press
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UPDATED: Tuesday, May 12, 2015 --- 10:53 p.m.

Family members of Tony Robinson say they will not give up in their fight for justice, despite the District Attorney's decision not to charge officer Matt Kenny. The family met with Dane County DA Ismael Ozanne moments after his announcement.

Robinson's family then spoke with the media outside the Social Justice Center, just a block up for the home where Robinson was shot March 6.

"This is politics and not justice," said Sharon Irwin, Robinson's grandmother.

The family reiterated that today's decision is not an "end" for them.

"What they did not realize the night they took my son from me, is that I am not the type to be defeated and I am not but just beginning to fight," Robinson's mom, Andrea Irwin, said to protestors Tuesday evening.

Shortly after meeting with Ozanne, the family received court documents pertaining to the case. Robinson's uncle, Turin Carter, said the family needed to look through the documents and then decide what action they will take. He said they are exploring other legal options.

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UPDATED: Tuesday, May 12, 2015 --- 7:56 p.m.

MADISON, Wis.-- The mother of an unarmed 19-year-old Wisconsin man fatally shot by a police officer is vowing to continue fighting to end injustice after a prosecutor said the officer would not be charged.

Tony Robinson's mother, Andrea Irwin, spoke to a crowd of supporters Tuesday outside Grace Episcopal Church in Madison.

Irwin said: "I am not going to be defeated. I am going to fight."

Hundreds of protesters marched around Capitol Square chanting, "I believe that we will win," before arriving at the church.

After Irwin spoke, a faith leader led the group in singing a civil rights-era song, "Ain't Gonna Let Nobody Turn Me Around," before the group peacefully dispersed.

Copyright: Associated Press 2015
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UPDATED: Tuesday, May 12, 2015 --- 6:10 p.m.

MADISON, Wis.--- The Wisconsin Department of Justice has released hundreds of pages of reports from the officer-involved shooting of Tony Robinson.

The WDOJ also released photos and videos from the night of the shooting.

NBC15 has obtained some of those photos and videos and is sorting through them. We will bring you updates as we receive them.
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UPDATED Tuesday, May 12, 2015---5:52 p.m.

MADISON, Wis. (AP) -- An attorney for the family of a 19-year-old Madison man says they still have more questions than answers after a prosecutor declined to charge the white police officer who fatally shot the man.

The grandmother of Tony Robinson, Sharon Irwin, says the prosecutor's decision "is politics, not justice."

Attorney John Loevy says the family supports the community expressing frustration and anger, but they want protests to be peaceful.

Demonstrators are about to start marching toward the Wisconsin state Capitol. A sit-in has ended in the street outside the house where Robinson was shot in March.

Copyright 2015: Associated Press

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UPDATED Tuesday, May 12, 2015---4:34 p.m.

MADISON, Wis. (AP)--A Madison police captain is warning city leaders that they have received threats from reliable sources that gang members plan violence against police officers, according to an email provided to The Associated Press.

The warning was emailed to Madison city council members Tuesday shortly before a prosecutor announced he would not be filing charges against a police officer who shot and killed an unarmed man in March.

Capt. Kristen Roman says in the email that police have received information that threats have been made.

There have been numerous protests in the wake of Tony Robinson's death, but all have been peaceful.

About 20 people are sitting in the street in front of a house in Madison where a 19-year-old man was shot to death by a police officer in March.

A prosecutor announced earlier that he would not charge the officer, saying he used lawful deadly force in a situation where he feared for his life.

Clergy are standing around the protesters, protecting them from oncoming cars.

Protesters are chanting, "This is what democracy looks like" and "No justice, no peace."

Cars are turning around and going other way to avoid them. No police on scene.

The police chief in Madison, Wisconsin, says a police officer cleared of charges Tuesday in a fatal shooting in March will remain on administrative leave.

A prosecutor said Officer Matt Kenny used lawful deadly force in the shooting of 19-year-old Tony Robinson because he had been punched in the head and feared for his life. The death of Robinson at the hands of a police officer had sparked protests in Madison.

Chief Mike Koval says an internal policy review is needed to determine if Officer Kenny violated any procedure in responding to the call that ended in Robinson's death. He says he expects to have results of an investigation in another week or so.

Koval says he knows some people will want to be arrested at demonstrations following the decision. He says the city is indebted to Robinson's family for calling for protests to be peaceful.

Copyright 2015: Associated Press

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UPDATED Tuesday, May 12, 2015---4:06 p.m.

MADISON, Wis. (AP)--The mother of a 19-year-old man shot to death by a police officer in Madison says she's not surprised by a prosecutor's decision not to charge the officer.

Andrea Irwin's son, Tony Robinson Jr., died in the shooting in March.

Irwin says she doesn't think the investigation was thorough enough.

"They could have done a lot. What they didn't do was give my son any respect," she said.

Dane County District Attorney Ismael Ozanne says Officer Matt Kenny feared for his life after being punched in the head and used lawful deadly force.

Copyright 2015: Associated Press

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UPDATED Tuesday, May 12, 2015---3:50 p.m.

MADISON, Wis. (AP)--A Dane County prosecutor says people who are unhappy with the criminal justice system should pursue change through their voices and votes, not through violence.

District Attorney Ismael Ozanne made his remarks after announcing that he would not charge a Madison police officer in the March shooting death of an unarmed man. Ozanne said Officer Matt Kenny feared for his life and used lawful deadly force before shooting 19-year-old Tony Robinson Jr.

Robinson's death has sparked several protests, all of them peaceful, in the weeks since the shooting.

Before announcing his decision, Ozanne stressed that he himself is biracial and said he "understands the pain of unjustified profiling."

He said he based his decision on the law.

Copyright 2015: Associated Press

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UPDATED Tuesday, May 12, 2015---3:32 p.m.

MADISON, Wis:--A Wisconsin prosecutor says a Madison police officer who shot an unarmed man to death in March will not be charged because the officer used lawful deadly force.

Dane County District Attorney Ismael Ozanne said Officer Matt Kenny had been punched in the head and feared for his life when he shot 19-year-old Tony Robinson Jr.

Ozanne spent some 25 minutes laying out investigative findings in the case. He said multiple witnesses and 911 callers described Robinson punching a friend, attacking pedestrians and screaming on a street near his apartment house.

One caller said he feared both for himself and for Robinson.

Ozanne said Officer Kenny also thought another person in the apartment was in danger when he entered it just before the fatal shooting.

Copyright 2015: Associated Press

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UPDATED: Tuesday, May 12, 2015 ---3:17 p.m.

MADISON, Wis.-- A Wisconsin prosecutor has decided not to charge a police officer in the death of an unarmed man in Madison.

Dane County District Attorney Ismael Ozanne announced Tuesday that he wouldn't file any charges against Madison officer Matt Kenny in 19-year-old Tony Robinson's death on March 6.

Police say Kenny shot Robinson in an apartment house near the state Capitol building after Robinson attacked him. Kenny was responding to calls alleging that Robinson had assaulted two people and was running in and out of traffic.

The city's black community mounted daily rallies for a week after the shooting. The protests were peaceful, though demonstrators demanded Kenny be fired and charged with homicide.

In response to this announcement, ACLU of Wisconsin issued the following statement. It is attributable to ACLU of Wisconsin Executive Director Chris Ahmuty:

"The ACLU of Wisconsin regrets District Attorney Ozanne’s decision because it leaves a cloud of uncertainty over the circumstances of and the responsibility for Tony Robinson’s death. If Officer Kenny did not violate the law, then is anyone legally responsible for Mr. Robinson’s death? Does the criminal law protect individuals like Mr. Robinson from deadly force exercised by police officers? Are police officers above the law?

Furthermore, what will the Madison Police Department do to ensure that Milwaukee police officers stop killing unarmed individuals, when they have killed three people in the past year? The MPD needs to find ways to hold officers accountable, so that they will know there will be consequences for their actions.

City leaders need to continue to work to make sure that the Madison Police Department and all its members work to protect and serve all residents in an unbiased and professional manner.”

Copyright: Associated Press 2015 & NBC15

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UPDATED: Tuesday, May 12, 2015 --- 2:17 p.m.

MADISON, Wis.---A search warrant affidavit unsealed in the fatal shooting of a 19-year-old man by a Madison police officer says the officer told the next policeman arriving at the scene that he had been battered by the victim.

The affidavit was unsealed Tuesday, the same day Dane County District Attorney Ismael Ozanne was to announce whether any charges would be filed in the March shooting of Tony Robinson.

The affidavit says Sgt. Lamar Gary arrived at the apartment house to see Officer Matt Kenny standing with his gun pointed at Robinson as Robinson was lying on the floor. Kenny told Gary he had been battered just before the shooting.

Police have said before that Kenny said he was struck by Robinson before the shooting.

Tony Robinson's roommate says he and Robinson smoked marijuana together the day of the officer-involved shooting, according to search warrant documents.

Robinson's roommate also told Wisconsin Department of Justice Special Agent Ben Poller that Robinson was looking to buy "shrooms," which are also known as psychedelic mushrooms, on March 6.

Copyright: Associated Press 2015, NBC15
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UPDATED Tuesday, May 12, 2015----12:40 p.m.

MADISON, Wis. (AP) --The family of a man killed by a police officer isn't pleased with a prosecutor planning to announce a charging decision to the media before them.

Madison Officer Matt Kenny shot 19-year-old Tony Robinson in an apartment house on March 6. Police said Robinson was unarmed but attacked Kenny.

District Attorney Ismael Ozanne plans to announce at a news conference Tuesday afternoon whether he'll charge Kenny. He then plans to meet with Robinson's family.

Jerome Flowers is a family spokesman. He said Ozanne should alert the family first out of respect. He says Ozanne's lack of compassion isn't surprising given that he was ready to release his decision on Mother's Day.

Copyright 2015: Associated Press

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Posted Tuesday, May 11, 2015--9:57 a.m.

MADISON, Wis. (AP)--The family of a man killed by a police officer plans to address the media and march in the streets after a prosecutor announces whether the officer will face charges.

Madison Officer Matt Kenny shot 19-year-old Tony Robinson in an apartment house on March 6. Police said Kenny was responding to calls that Robinson had assaulted two people and was running in traffic. Police said Robinson was unarmed but attacked Kenny.

District Attorney Ismael Ozanne plans to announce Tuesday afternoon whether he will charge Kenny. Robinson's family plans to hold a news conference at near the apartment house following the announcement and then march to the state Capitol building.

The family is warning attendees to carry the number of an attorney who can help them if they're arrested.

Copyright 2015: Associated Press

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Posted Tuesday, May 12, 2015----8:28 a.m.

MADISON, Wis. (AP) -- A Wisconsin prosecutor is set to announce whether a police officer who killed an unarmed man in Madison will face criminal charges.

Dane County District Attorney Ismael Ozanne plans to announce at a Tuesday afternoon at a 2:30 p.m. news conference whether he'll charge Officer Matt Kenny. Ozanne isn't expected to take any questions.

Police say Kenny shot 19-year-old Tony Robinson in an apartment house in March after Robinson attacked him. Kenny was responding to calls that Robinson had assaulted two people and was running in traffic.

Police have released few other details. The state Justice Department investigated the incident under a state law that requires outside agencies to review officer-involved deaths.

The shooting sparked several protests, all of them peaceful.

Copyright 2015: Associated Press

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UPDATED Monday, May 11, 2015---1:18 p.m.

MADISON, Wis:--The Dane County District Attorney's office said that DA Ozanne will hold a press conference Tuesday at 2:30 p.m. regarding his decision in the Tony Robinson officer involved shooting.

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UPDATED Monday, May 11, 2015---1:18 p.m.

MADISON, Wis. (AP) -- The group that has led protests against Madison police for killing an unarmed biracial man plans to demonstrate on Wednesday, a day after a prosecutor announces whether he's going to file criminal charges in the incident.

Madison Police Officer Matt Kenny, who is white, shot 19-year-old Tony Robinson in an apartment house in March. Police said Robinson attacked Kenny. Dane County District Attorney Ismael Ozanne plans to announce Tuesday whether he'll charge Kenny.

The Young, Gifted and Black Coalition has been leading protests against the shooting. The group announced Monday that they'll rally Wednesday morning in front of the apartment house. They want people to give up whatever they're doing that day and join them in what they're calling "Black-Out Wednesday."

Copyright 2015: Associated Press

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UPDATED Monday, May 11, 2015---9:20 a.m.

MADISON, Wis. (AP) -- The superintendent of Madison schools says students shouldn't skip school Tuesday to protest the district attorney's decision on whether to charge a police officer who fatally shot a teen.

Dane County District Attorney Ismael Ozanne said he will announce Tuesday whether charges will be filed against Madison Police Officer Matt Kenny. Kenny fatally shot unarmed 19-year-old Tony Robinson in March, sparking protests. Many students have skipped school to join in.

Madison Superintendent Jennifer Cheatham said in an email to parents Monday that they should encourage their children to stay in school. She also says she hopes parents will encourage children who choose to protest to be responsible.

Cheatham said Madison's middle and high schools will provide opportunities to discuss the decision Tuesday.

Copyright 2015: Associated Press

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Posted: Sunday, May 10, 2015 -- 4:10 p.m.

MADISON, Wis. (AP) -- A Wisconsin prosecutor says he's ready to announce whether to charge a police officer who fatally shot an unarmed man.

Dane County District Attorney Ismael Ozanne says he'll announce on Tuesday whether Madison Officer Matt Kenny will face charges in the death of 19-year-old Tony Robinsion.

Police have said Kenny was responding to reports that Robinson had assaulted two people and was running in traffic. They say Robinson attacked Kenny, but details haven't been released.

The shooting has sparked multiple street protests led by a group called the Young, Gifted and Black Coalition, with demonstrators demanding Kenny be charged with homicide.

Copyright: The Associated Press 2015