D.A. set to review shooting by deputy
ELKHORN — The Walworth County District Attorney’s Office will review the shooting of a La Grange Township man Friday night by a sheriff’s deputy.
"We look to see whether or not the officer was privileged in using self-defense, whether the officer or somebody else's life was in danger such that they needed to respond with deadly force," District Attorney Phil Koss said.
Sheriff David Graves said hospital officials told him Mark S. Beaver, 48, remained in critical condition Monday.
Deputy Wayne Blanchard shot Beaver after a report at 10:37 p.m. of a disturbance at W4961 Rice Road, according to the Walworth County Sheriff's Office.
Deputies went to the home and found Beaver and a woman inside. Beaver held a gun to his head in front of deputies, and also pointed it toward the woman, Graves said.
Deputies asked Beaver to drop the gun, but he pointed it toward a deputy taking cover behind a tree, Graves said. Beaver fired one shot.
Blanchard returned fire, hitting Beaver twice.
Blanchard is on administrative duty pending review of the incident by the district attorney's office.
Koss said Monday he had not yet to seen police reports.
The district attorney’s office has the final word on the review of the shooting unless Beaver dies. In that case, an inquest jury could be called to decide if deadly force was warranted.
Graves on Monday said the incident justified use of deadly force by the deputy, and he predicted the district attorney's review would find the same.
"It was self-defense; the officer was in imminent danger," Graves said.
The weekend incident was the third Walworth County shooting incident in about a month and the second that prompted sheriff's deputies to fire back at a suspect:
-- Jan. 17—Eugene J. Lehman, 45, of Sharon is accused of becoming violent and hauling his wife’s clothes outside and burning them. Deputies shot tear gas into the home, and Lehman fired several shots at police throughout the day, the sheriff said.
Lehman shot himself in the abdomen near the end of the standoff and was taken to Mercy Hospital in Janesville.
-- Dec. 27—Richard L. Sallmann, 49, of Richmond Township is accused of firing several shots at police. The incident began when Sallmann pointed a gun at one of his two daughters, ages 10 and 13, who were with him at the house, according to police.
When Sallmann's son arrived, Sallmann pointed the gun at him, too, and threatened to shoot all three, according to police.
Deputies rescued the daughters from the property around noon.
Sallmann fired several shots at law enforcement throughout the day. One shot came close to hitting a Walworth County deputy though no one was injured.
Deputies fired at Sallmann but didn't hit him.
Koss said the deputy who fired at Sallmann has been reviewed and is back on duty. The DA's office found the shots justifiable, Koss said.
Feb 15, 2010 at 11:37 a.m.
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KRIKEE!! The guy was behind a tree!
Feb 8, 2010 at 8:10 a.m.
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"Beaver point his pistol at Officer Blanchard, with Beaver firing one round in Officer Blanchard's direction (Just making sure I have the facts correct)then Officer Blanchard returns two rounds. Officer Blanchard went home to his family, because he's a better shot, & Beaver went where he could no longer shot at anyone. I'm sorry for his family, that he had to be so stupid. People need to Re-learn, there are consequences to your action. Somewhere along the line, parents have stopped teaching their kids that their Actions are subject to a re-action, & when your actions equate to "breaking our law", there are men & women sworn to uphold, & enforce those laws. Taking pot shots at those sworn officers of the law brings new, & dangerous consequences, & those consequences are quick, & unforgiving. My heart goes out to the Officers who have to make the decision to fire their side arms to save their life's or the life of a citizen. It doesn't matter if its a righteous, self defense move OR a Bad decision to shoot.. they both have to walk the same events, & they shouldn't. For the bleeding hearts, who side with criminals, "Yes, I'm saying Officers who shoot someone, & they have unbiased witnesses to back them up.. those officers should be able to take time off if they want, but not forced."
Feb 4, 2010 at 12:50 p.m.
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"couldn't they have shot him in the arms so he would have dropped the shotgun instead?"
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yeah, I saw that in a movie once...better yet-shoot the gun itself OUT of his hand! that way the subject is not hurt at all!...no wait! put your round down the bore of the shotgun so that the chambered round would detonate thereby wrecking the shotguns action!!!!
Feb 3, 2010 at 5:18 p.m.
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Dont respond to catdog... not worthy of a response...
Feb 3, 2010 at 5:04 p.m.
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Since you OBVIOUSLY know so much more than the rest of us as it relates to law enforcement and deadly force situations, maybe you should enlighten us. I'd be particularly interested in a situation that you've been involved in that took place at 11 pm on a dark winter night with someone with a gun pointed at you. Make sure you tell us about your ability to read minds in order to determine whether that guy pointing the gun at you is going to shoot or not and whether he was just kidding when he was shooting at his girlfriend who called the police originally. Maybe you should offer your services to your local law enforcement agency so that they are prepared to deal with any situation in the future because in your words "There are STILL other ways to handle this type situation if you open the space between your ears and THINK ABOUT IT!!" Thank you in advance for your response. I look forward to learning from your obviously superior knowledge in these matters. By the way, which law enforcement agency are you employed by, the citizens in that community should feel incredibly safe knowing you are there to handle any situation that may arise.
Feb 3, 2010 at 4:48 p.m.
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Just open your mind and don't believe everything you read or hear.
Feb 3, 2010 at 4:31 p.m.
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They can always check the gun.
Feb 3, 2010 at 4:30 p.m.
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Why are you slamming the officers? Are you always so against them?
Feb 3, 2010 at 4:18 p.m.
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Lemon flavor.There are STILL other ways to handle this type situation if you open the space between your ears and THINK ABOUT IT!!
Feb 3, 2010 at 4:06 p.m.
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Catdog,
Seriously, was your kool-aid grape or cherry flavored?
Feb 3, 2010 at 4 p.m.
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SwissChick, We don't even know for sure that the guy shot at all!! The cops could be saying that as a cover up. And don't think his "buddies" won't back up his acount of what happened.I'm just saying that there are other ways to handle a situation like this instead of deadly force. As stated in my earlier blog-if 2 cops can hit a guy in the head, then why not shoot to wound?
Feb 3, 2010 at 3:37 p.m.
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catdog - It only takes a nanosecond to shoot a bullet towards the sky and move your aim from the sky to a person. They have to made that decision to stop the perpetrator before that happens in a nanosecond also. And I'm sure there was more than one officer there, so it would be more than just a "he-said, he-said" scenerio.
Feb 3, 2010 at 2:50 p.m.
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Was the guys' bullet going through the tree that the cop was "hiding" behind?? Was the guy just shooting in the air to aggravate the cops? Or did he shoot AT the cop? Ya' gotta' remember that these guys are trained to kill, and that's exactly what they do.Only the cop and the victim know if he shot up in the air or not.I'll bet anyone any amount that it will be called "justified".Are there any witnesses that saw the guy shoot AT the cop? Well we all know how this one will turn out!! Or how about the guy that was holding his kid in a car on I-43 a few years back? the cops(2) shot the guy in the head and killed him. Now if you can hit him in the head, couldn't they have shot him in the arms so he would have dropped the shotgun instead?? But again, they are trained to kill so that's what they do!!
Feb 3, 2010 at 9:18 a.m.
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rexkramer & garyprimer - Couldn't agree more.
Feb 3, 2010 at 8:46 a.m.
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As far as I am concerned, if you have a gun and the police are on the scene...there is no reason for you to have a gun in your hand, waving it around and threatening people. I say shoot'em first, ask'em later...
Feb 3, 2010 at 8:32 a.m.
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You know what would happen if they did not investigate all incidents of shooting by law enforcement. Think about it... And if that isn't enough, think about what happens when the jerk's family decides to sue the county. Wouldn't it be nice to have a well-documented, thorough investigation for defense?
Feb 3, 2010 at 8:18 a.m.
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good shootin wayne
Feb 3, 2010 at 8:09 a.m.
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Ok, so a deputy has his life threatened by "another" crazy fool and he is not allowed to defend himself, the woman, the others involved? Get a clue, this is not just some joe who decides to shoot an innocent person. This is a very hard-working individual who took an oath to uphold the law by PROTECTING the public- GREAT JOB Deputy, thank you for your service!!!
Feb 3, 2010 at 12:46 a.m.
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It's a crazy world out there, God bless those who take up the cause to protect us.
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