PC: Fox 11 Online
(WTAQ-WLUK) – Surveillance video has been released showing a deadly encounter between officers and a drug suspect in Neenah, who reached for a gun before being killed by officers Aug. 2.
Nathan J. Briese, 37, of Neenah, was fatally shot by officers from the Appleton Police Department and Outagamie County Sheriff’s Office. The officers were working undercover as part of the Lake Winnebago Area Metropolitan Enforcement Group, a drug unit. Their actions were deemed justified, and no charges were filed.
The video was posted online by the Sheboygan County Sheriff’s Dept., which handled the investigation. It shows officers entering the store, chasing Briese, and firing when he reaches for a gun in his pants.
The results of the investigation were turned over the Sheboygan County District Attorney Joel Urmanski, who made the final decision not to file criminal charges against the officers.
According to Urmanski, the MEG Unit officers performed a controlled drug buy from Briese. After the buy, officers followed Briese to the gas station, where they intended to arrest him.
“Surveillance units advised it was a good opportunity to arrest Briese as he stopped at the gas station, exited his vehicle alone and entered the store,” the report says. “(The Appleton officer) further advised that he and his team were informed that there did not appear to be anyone else in the gas station other than the clerk since there were not a lot of vehicles present.”
The two officers went into the gas station and announced that they were police. Then, according to Urmanski:
(The Appleton officer) said that Briese ran to a back wall, which consisted of coolers. Briese spun around quickly. (The Appleton officer) advised that it was clear to him that Briese pulled up his shirt in the front with one hand and that his other hand went towards his waist with his elbow flared out. He said that he observed a gun in Briese’s waistband. He said that at that time he knew Briese was going to kill him, (the Outagamie County deputy) or the other officers behind him. (The Appleton officer) said he decided to fire, estimating that he fired two to three rounds as he aimed at Briese. He said that Briese turned towards his left and faced law enforcement. (The Appleton officer) moved to his right, maneuvering around a grocery aisle. He said he came around the corner of the aisle and that Briese still had his hands near his waistband. He fired another two to three rounds at Briese until Briese crumpled to the floor. He could not see Briese’s hands. He said that he started to give Briese commands to show his hands. (The Outagamie County deputy) moved next to (The Appleton officer) with both giving lethal cover towards Briese who was on the floor. He and (the Outagamie County deputy) were removed from the scene. Law enforcement began giving Briese aid.
Briese was taken to the hospital, where he was pronounced dead.
Autopsy results showed Briese was shot four times, in his head, torso and extremity. A toxicology report revealed Briese had cocaine and meth in his system.
Briese’s gun was determined to be a 9 mm pistol.
The Outagamie County Sheriff’s Office says its officer, who was placed on administrative leave in the wake of the shooting, has been moved to modified duty pending the department’s internal review of the incident. The Appleton police officer involved has returned to active duty.
The shooting was the third in as many days in the Fox Valley area. Two of the shootings were by law enforcement officers.
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