MANITOWOC, WI (WTAQ-WLUK) – Manitowoc County District Attorney Jacalyn LaBre says police officer Fielder Clark was justified in fatally shooting Bruce Smith last September.
In her report, she said the victim had drugs in his bloodstream and the officer was given very little time to make a decision to use deadly force, after being unable to control Smith through less lethal methods, including verbal commands and a taser.
She says the fact that Smith came after the officer with a knife meant that he had to act.
Clark was responding to a fire alarm at an apartment complex in the 1500 block of S. 35th Street. According to LaBre’s report, a firefighter reported a “suspicious-looking individual” in the area who was “sweating profusely,” acting “strangely” and appeared to be in an “altered state.” in the area.
Clark told investigators during the incident, Smith lunged at him with a lighter.
Clark said he attempted the use of a taser twice, but it did not have any effect on Smith.
According to the report, when Clark determined that Smith had a knife, he told him to drop the object, but is commands were not followed. Clark said he fired several times out of fear that his shots were not effective.
The object was later determined to be a metal paint scraper.
Clark told investigators he not only feared for his own life but feared Smith might attack people evacuating the apartment complex, firefighters or other police officers.
LaBre wrote in her report:
Officer Clark was given very little time to make the decision to use deadly force. He made previous, unsuccessful attempts to gain control of Bruce Smith through less than lethal methods. Officer Clark had used verbal commands and a Taser twice with no effect. Despite Officer Clark’s efforts he was faced with an individual who was coming at him armed with a bladed object that appeared to be a knife. Officer Clark’s split second decision to use deadly force under those circumstances appears consistent with his training and experience. Therefore, I conclude that Officer Clark’s conduct was lawful. The state Department of Justice posted several investigative files on its website:
