In a March 22 letter to Walworth County Sheriff David Graves, Walworth County District Attorney Dan Necci exonerated Deputy Sheriff Richard Lagle in the Jan. 21 shooting of 18-year-old Alfredo Emilio Villarreal at Lakeland Medical Center, Elkhorn.
Villarreal, who was an inmate at Walworth County Jail, had been transported to the medical center for treatment. He was being guarded by Lagle when he attempted to escape, prompting Lagle to shoot him five times after the deputy’s Taser failed.
Here is the full text of the letter from Necci to Graves:
“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 fuck 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 earpiece 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 “Fuck you” or “Fuck 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 than 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 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.
Very truly yours,
Daniel A. Necci
District Attorney”
