Shawano County District Attorney Greg Parker said Sheriff Deputies use of deadly force in an officer involved shooting in February was reasonable given the circumstances of the incident. The shooting involved 53-year-old Daniel Onesti of Wittenberg. Attorney Parker cleared the deputies in his twenty-four page decision that was sent to Shawano County Sheriff Adam Bieber, after a lengthy investigation.
“Here based upon the facts and evidence reviewed and stated above, the deputies had a reasonable belief that use of deadly force was necessary to prevent imminent death or great bodily harm to himself” Attorney Parker stated in his conclusion. “The deputies had an actual and reasonable belief that the use of force was necessary to protect the general public from significant threat of death or serious body injury in the event that Mr. Onesti was able to flee from the area back into the community.”
Onesti survived the shooting by Shawano County Sheriff Deputies Spencer Russ and Chase Mason.
Parker said the investigation included police reports from all involved, video of the event, interviews and multiple referrals to State Statues and past judicial cases.
According to reports and the investigation done, authorities were called for a distraught individual. According to the reports, Onesti was making suicidal threats and mentioned the desire for suicide by a cop. The complaints state that after a dispatcher connected Onesti to a deputy, Onesti started making threats, stating he would shoot the first cop he saw. Dispatch made contact with Onesti’s wife who mentioned that he was agitated and really upset that night. When asked, his wife mentioned that he did have access to long guns. According to the reports, Onesti’s family members informed deputies that he was at his hunting trailer. A drone flyover located Onesti’s vehicle in a field. Onesti then took off with his vehicle, leading a pursuit according to the investigation.
The chase led back to Onesti’s property where he once again began driving around the field. Deputy Dave Rogers said in his report that Onesti turned his vehicle around, and drove towards his vehicle, pushing it back nearly 30 feet, and injuring a deputy. In his report, Deputy Spencer Russ said at that situation, he felt it had become a deadly force situation. Deputy Russ reported that he felt Onesti may have driven through them to escape the property, and fired when the vehicle started coming his direction. In his report, Deputy Chase Mason explained that he fired his pistol after Deputy Russ fired his. Mason said he began shooting because of threats made by Onesti which made him fear for his life, Deputy Russ’s life and the lives of other officers on scene.
“It is clear that deputy Russ and Deputy Mason were privileged to fire their pistols at Mr. Onesti on February 17, 2017” Attorney Parker said in his conclusion.
Onesti was struck in the shoulder and was taken into custody soon after.