WINNEBAGO COUNTY, WI (WTAQ-WLUK) – Two police officers will not face criminal charges for their role in the fatal shooting of a man last November in Fox Crossing.
The Winnebago County District Attorney’s Office says Fox Crossing Police Officer Corey Colburn and Neenah Police Officer Austin Riska were justified when they shot 35-year old Michael Jolly outside his home on November 14th.
According to the DA’s report, Jolly was despondent and had made suicidal threats. Jolly was arrested for drunken driving just hours before the fatal confrontation. His blood alcohol concentration registered at .27. While Jolly told the arresting officer he was “in a bad place,” the officer described Jolly as “extremely cooperative.”
Later in the morning, police were called to Jolly’s house in Fox Crossing. According to the report, officers helped Jolly’s wife and two children leave the house safely. Officers negotiated with Jolly for more than half an hour before he came out of the house with a gun. The report says he refused to put the gun down. Colburn and Riska fired at Jolly, eventually killing him.
You can see footage from Riska’s body camera here.
The report says:
“It is clear from (Jolly’s statements to officers) that Jolly wanted to commit suicide through law enforcement, and while the investigation determined that Jolly’s weapon was not loaded, law enforcement did not know that. In fact, Jolly had informed Lieutenant Spiegel that he had loaded the firearms. When you consider that fact, along with the fact that Jolly shook his head no and refused to follow law enforcement commands to drop his weapon, it is clear that physical resistance was not necessary in this case. Jolly’s actions demonstrated his intent here. Therefore, given all of the facts, circumstances, and evidence, it is clear that Officers Riska and Colburn’s decision to use deadly force was justified.”
Jolly was then taken to the hospital, where he was pronounced dead. Documents from the investigation are available on the Wisconsin Department of Justice’s website.
