APPLETON, WI (WTAQ) – No charges will be filed against the Appleton officer who shot and killed an unarmed man at Jack’s Apple Pub on May 21.
At a Friday morning press conference, Outagamie County District Attorney Carrie Schneider announced Police Lieutenant Jay Steinke will not face criminal charges in connection with the death of Jimmie Sanders.
Schneider calls it a “significant and tragic event,” in which Sanders was in the wrong place at the wrong time.
“Officers are not trained to shoot someone in the knee, shoot the gun out of someone’s hand. They are trained to end the threat.”
Steinke responded to the Appleton bar following reports of a man wielding a gun in the building.
Investigators say Steinke was trying to shoot the armed man, Henry Nellum.
Nellum allegedly had gotten into a fight with a man named Leander Moffitt.
Steinke reportedly fired four shots.
While the first one hit Nellum in the lower left bicep, the second hit an artery in Sanders’ lower back.
Investigators say Sanders was standing within five or six feet of Nellum at the time.
The third and fourth shots struck the bar and cash register, respectively.
Schneider says Steinke had to act quickly, had an obscured line of vision, and was being bumped by patrons trying to flee the establishment.
Investigators say surveillance video shows Sanders, who did not know either Nellum or Moffitt, was only inside Jack’s Apple Pub for six minutes before being shot.
While multiple cameras in the bar and officers body cameras have video of what transpired, Schneider says they will not be released until after the trial since that material is being used as evidence in the case against Nellum.
Schneider notes the body camera footage came from officers other than Steinke, who she says did not have his turned on, as his focus was responding to the scene as quickly as possible.
While Steinke will not face criminal charges in Outagamie County, Police Chief Todd Thomas notes another investigation will take place in the coming weeks.
“Per policy, we’ll have a use of force review team that will review the incident and make a recommendation whether his (Steinke’s) actions fell under policy or fell outside of policy.”
Thomas says they have met with various groups in the community since the incident occurred, noting the reaction has been mostly supportive.
“You’re always going to have a few people that are going to protest. They have the right to do that as long as they do it peacefully and they don’t disturb others. We’ll protect their right to protest, but I think the community will understand that what happened here is a tragic incident.”
However, representatives for the Sanders family say there will be a protest at an undisclosed time in the coming days.
WTAQ spoke with Sanders’ two sisters and their representatives in the Appleton Police Department lobby.
Daniel Storm is providing legal representation to the Sanders family.
“We are going to file in federal court and take this (case) out of here.”
Storm has a different take than prosecutors of what happened on May 21.
“Somebody went on the street and told this cop ‘there’s a black man in that bar shooting.’ When he saw Jimmy, a black man, he shot him.”
Christina Thomas, Sanders’ sister, says Friday’s announcement sends a message to her and her family.
“We haven’t been treated like the victims. Obviously, the only victim here is Steinke, I take it, because the whole community seems to support that. It’s shameful to say that I have no faith in Appleton Police whatsoever. I’m afraid to leave here.”
Thomas says it does not matter that her African-American brother was shot by a white officer.
“I don’t even give a crap that he was white. It doesn’t matter about that. He could’ve been purple. All that matters is that my brother is not coming home.”
While Steinke will not be charged, Schneider announced Friday that more counts have been filed against Nellum.
“He will be facing additional charges for the attempted aggravated battery for his actions against Leander Moffitt. He is also facing a felony murder charge for the death of Jimmie Sanders. There’s also a carrying a concealed weapon that he’s also being charged with.”
Nellum was already facing felony charges of First Degree Intentional Homicide, First Degree Reckelessly Endangering Safety, and Possessing a Firearm as a Convicted Felon and misdemeanor counts of Operating a Firearm While Intoxicated and Disorderly Conduct.
A bail jumping count has been dropped.
He is due back in court June 30 for a preliminary hearing.
