APPLETON, WI (WTAQ-WLUK) – A federal judge has denied the city of Appleton’s request to dismiss the wrongful death lawsuit filed by the estate of a man killed by an officer.
Officers Bryce Rudebeck and Tony Shuman shot at Daniel Pesavento in his N. Birchwood Avenue driveway Aug. 12, 2022. Pesavento, 29, was taken to the hospital, where he died.
After an investigation, the officers were cleared and no charges were filed against them. Although Shuman was investigated for his role in the incident, the federal lawsuit notes he fired one shot and missed.
Pesavento’s family filed the lawsuit claiming: “Rudebeck’s use of deadly force was unnecessary, unreasonable and excessive.” In addition, it states, “At the time he was killed, Daniel did not pose an imminent threat of death or bodily harm to Rudebeck or anyone else when Rudebeck opened fire on him with his military-grade rifle from 100 feet away and behind a police car.”
Noting that the legal standard for the motion is viewing the evidence in the light most favorable to the estate, Judge Bryon Conway ruled this week the body cam video does raise questions a jury could answer.
Daniel never verbally threatened the officers, nor does it appear that he ever drew aim on anyone other than himself. The gun was pointed at his own head when he was shot, and his head was down. A reasonable finder of fact viewing this evidence could conclude that, when Rudebeck shot him, Daniel did not pose an actual and imminent threat to anyone other than himself and therefore Rudebeck’s use of force was unreasonable,” the ruling states. “A reasonable finder of fact could also find that the immediate reactions of other police officers at the scene support the conclusion that Rudebeck’s use of force was unreasonable.
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