FOND DU LAC (NBC 26) — The Fond du Lac County district attorney has ruled that a fatal officer-involved-shooting in February that took the life of Jesus Mendez Berry was justified.
In his ruling, DA Eric Toney said Berry was intoxicated, refused to obey orders, and was brandishing what looked like a hand gun, but was later found to be a BB or pellet gun.
Toney found that the force used by a Fond du Lac County Sheriff's Sergeant "was necessary to prevent imminent death or great bodily harm to himself or other deputies."
The subject, Berry, had .474 BAC and cocaine in his system, when deputies attempt to apprehend him. Berry then ignored orders to show his hands, and hid the hand carrying the pellet gun behind his back. The sergeant then shot and killed him Feb. 24.
