DA will not request inquest
By Tyler Lamb
Editor
The Walworth County district attorney has cleared four deputies involved in the June 13 fatal shooting of an Elkhorn man.
In an Aug. 7 letter, District Attorney Daniel A. Necci said the deputies who shot and killed 39-year-old Jeremiah Krubert did so in self-defense. Necci said he reviewed all investigatory documents related to the death of Krubert, including information from the state Department of Justice’s Division of Criminal Investigation, to reach his decision.
Deputies Wayne Blanchard, Garth Frami, Todd Neumann and Jeffery Shaw were the deputies who responded to the home invasion call at N7248 County O, which led to the shooting death of Krubert. The residence belonged to Krubert’s mother, Kathleen Krubert, and her boyfriend, Michael Boyd.
Series of events
According to Necci’s letter, Krubert went to his mother’s home at approximately 2 a.m. June 13. His mother had asked her boyfriend to arm himself with a gun based on her son’s past struggles with mental illness.
Once Krubert arrived he attacked his mother’s boyfriend with a pipe while his mother fled in a truck to a neighbor’s house to call police.
Deputy Todd Neumann responded to the 911 call and noticed Krubert attempting to leave in his mother’s boyfriend’s truck. As Neumann approached, Krubert got out of the truck and advanced toward the deputy “holding a large blade knife in a threatening manner,” according to the letter. In turn, Nuemann told Krubert to drop the knife and when he did not, Nuemann fired an “unknown number of times,” but Krubert continued to approach.
As Krubert continued to approach Neumann the deputy kept ordering him to stop.
“Neumann began to move backwards away from Krubert, continued to command Krubert to ‘Get down,’ and experienced a mechanical failure of his handgun. Krubert continued to approach and now began to say ‘Kill me, kill me,’” Necci’s letter reads.
As Neumann continued to back away he tripped over an electrical box. At this time Neumann drew his baton “preparing for mortal combat,” according to the letter. However, Krubert ran past Neumann to his squad vehicle and drove away, heading south on Millard Road.
Neumann’s rifle was unsecured inside the squad because the deputy reached for it when he first approached the house.
Deputies Shaw and Blanchard met at Highway O and Jackson Road, according to the letter. They planned to approach the house by foot but heard gunshots and saw Neumann’s squad car, driven by Krubert, speed past them.
They pursued Krubert in one vehicle, and Deputy Frami joined the chase in a separate squad car.
Krubert drove through the “T” intersection of Millard and Pierce roads into a farm field. At this time Krubert exited the vehicle carrying a gun. Deputy Shaw saw Krubert “appearing to attempt to chamber a round,” according to the letter.
Shaw, Blanchard and Frami fired. Krubert fell to the ground, according to the letter.
Frami handcuffed Krubert and upon inspection of the body found no pulse.
An autopsy later revealed Krubert had severe internal injuries to his heart, lungs, liver and spine caused by a bullet found near his spine.
In his letter Necci said it’s a “tragedy” anytime deadly force is required by law enforcement.
“Furthermore, any time mental illness is a component of such events, I would suggest that the magnitude of the resulting tragedy is greatly amplified,” he wrote.
The district attorney also noted that he has “no reason whatsoever” to believe Krubert’s death resulted from the commission of any crimes that would require an inquest.
The deputies’ actions were “privileged as acts of defense of themselves or others … and, therefore, Wisconsin law is clear that I can not order that an inquest be conducted,” Necci wrote.
Following the shooting, the deputies in question were assigned to administrative duties.
Court records indicate Krubert had a history of mental illness and arrests for crimes including theft, as well as lewd and lascivious behavior.
