Large police presence outside Kaukauna home in the 500 block of Diedrich Street, September 13, 2023. PC: Fox 11 Online
KAUKAUNA, WI (WTAQ-WLUK) — The Outagamie County District Attorney has concluded that a Kaukauna officer who shot and injured a man last month was justified.
On Sept. 13, officers were called to a house in the 500 block of Diedrich Street. They had information that a man who was driving a stolen vehicle with two juvenile females inside would be arriving at the home. Officers were also told this man had eluded other officers the previous night on a high speed chase.
With this in mind, officers developed a plan to have the stolen vehicle pull into the third garage stall at the residence and then officers would make contact with the driver and passengers. Officers wanted to ensure that the vehicle was off the roadway to prevent a high-speed chase as well as to provide an opportunity to contact the driver before the garage door could be closed which could create a hostage or standoff incident.
When the stolen vehicle arrived and entered the garage, the vehicles lights turned off and Sgt. Michael Frank, a 25-year veteran of the force, positioned his marked patrol vehicle behind the stolen vehicle.
Sgt. Frank began yelling commands for the vehicle to stop. Within approximately three seconds the stolen vehicles lights turned on and the vehicle exited the garage at a high rate of speed. Fearing for his safety, as well as the safety of other officers responding behind him, Sgt. Frank fired one round at the driver. The vehicle came to a stop second later partially in the terrace and roadway adjacent to the residence. Recognizing the vehicle was no longer a threat, Sgt. Frank and other officers immediately returned to the vehicle, contacted the occupants inside, and began rendering aid to the driver who had been shot in the shoulder area. The two juvenile female occupants were secured, and officers determined no other injuries occurred as a result of the incident. At some point during the incident, Sgt. Frank’s arm and squad was struck by the stolen vehicle when it exited the garage. The scene was secured, and the male driver was transported to a local hospital for treatment.
The Appleton Police Department was asked to investigate the incident and forward their findings to the Outagamie County D.A.
After reviewing body camera footage and noting they were consistent with statements made by Sgt. Frank, other responding officers, witnesses, and occupants of the vehicle, the Outagamie County D.A. concluded the shooting was justified and no criminal charges will be issued against Sgt. Frank.
The name of the suspect has not been released.
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