Deadly force was justified as car drove toward officer, he contends
A Walworth County Sheriff’s deputy was justified in using deadly force when he shot and killed a Milwaukee man during a staged drug buy on Feb. 24 in East Troy, the county’s district attorney has decided.
The ruling issued by District Attorney Dan Necci Tuesday clears Deputy Juan Ortiz of wrongdoing in the death of Christopher Davis.
“I believe there is no other logical conclusion that can be drawn from the evidence other than that Deputy Ortiz was attempting to prevent himself from being attacked with potentially deadly force and, therefore, deputy Ortiz was justified in using deadly force in response,” Necci wrote in a letter hand-delivered to Walworth County Sheriff Kurt Picknell.
Necci also wrote that he does not believe an inquest is necessary.
The district attorney said his decision is based on an investigation conducted by the state Department of Justice–Division of Criminal Investigation and considered all the evidence gathered by several law enforcement agencies that were involved in the incident that occurred in the parking lot of Roma’s restaurant.
Panic in parking lot
According to Necci’s letter, Davis and two other men – Jose Lara and Roberto Juarez Nieves – drove to the restaurant from Milwaukee to sell a half-ounce of cocaine to a confidential informant who was working in cooperation with the East Troy Police Department.
Juarez-Davis reportedly told Lara, who was driving the 2001 Pontiac, to flee after he noticed police vehicles in the parking lot. Davis was reportedly in the front passenger seat.
Town of East Troy officer Craig Knox then pointed his weapon at the car and ordered Lara three times to put his hands on the steering wheel, according to Necci’s letter, but the car sped off in the opposite direction toward other officers who were on scene.
Another officer reported the car accelerated quickly, with tires squealing, in the direction of Deputy Ortiz, the letter states. Officers reported hearing Ortiz making verbal commands to the driver before “attempting to move out of the line of the vehicle while simultaneously firing his weapon,” the letter states.
Necci contends evidence shows the vehicle did deviate slightly, but still passed close enough to Ortiz that he could have “reached out and touched the driver’s side mirror” as he attempted to move out of the way.
High-speed chase ends
The vehicle then sped north on Interstate 43, touching off a high-speed chase involving multiple police agencies and ended along Moorland Road in Muskego where Ortiz was successful in forcing the Pontiac off the road with his squad car.
Lara and Juarez-Nieves fled on foot. Lara was captured after a brief chase and Juarez-Nieves was found following an extensive search of the area, according to reports. Lara has since been charged with conspiracy to deliver cocaine and attempting to flee an officer.
Officers reported they believed Davis had a pulse when the car was stopped. Officers attempted life-saving measures, according to Necci’s letter, before Davis was transported to Froedtert Hospital in Wauwatosa, where he died.
The investigation showed Ortiz fired his service weapon four times during the encounter in Roma’s parking lot, according to Necci’s letter.
In releasing the letter to the public, Picknell said Ortiz has been restored to full duty while an internal review of the matter continues.
Picknell also said Necci and a representative of the Division of Criminal Investigation met with Davis’ family to inform them of the decision.
Davis’ family could request an inquest or file civil suit in the matter.
In concluding his letter, Necci wrote, “I hope you will all join me in praying for healing for all involved or affected.”
