D.A.: No criminal charges against Appleton officers for August shooting

Police cars outside the scene of an officer-involved shooting in Appleton on August 12, 2022
Police cars outside the scene of an officer-involved shooting in Appleton on August 12, 2022
Published: Sep. 27, 2022 at 4:25 PM CDT
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APPLETON, Wis. (WBAY) - The Outagamie County District Attorney has determined two Appleton police officers won’t face criminal charges for shooting a man armed with a handgun last month, because the shooting was justified.

Appleton police responded to a domestic disturbance on the 1500-block of N. Birchwood Ave. on August 12. A woman inside the house had texted her mother, “Mayday.” She barricaded herself and her baby in a room and called 911 after hearing a gunshot.

A report by the state Division of Criminal Investigation says Daniel Pesavento was holding a handgun while pacing back and forth in his garage and driveway, making suicidal comments. The officers attempted negotiations with him, but when Pesavento pointed his gun in various directions, Officer Bryce Rudebeck and Officer Tony Shuman fired five rounds.

Pesavento died at a hospital. The officers weren’t injured.

A gun was recovered at the scene. The DCI said the safety was off and it had 6 rounds in the magazine and 1 in the chamber.

The DCI also reviewed 30 video files from the body cameras of 18 officers on the scene, including Rudebeck and Shuman’s.

The Appleton Police Department released a statement saying its thoughts are with Pesavento’s family and friends.

“This type of incident is one of the most dangerous and unpredictable calls that a police officer responds to, a person who is in a mental health crisis, who has a firearm and has demonstrated that they are willing to use it. I want to thank all the officers who were present who did everything they possibly could to peacefully resolve this incident,” Police Chief Todd Thomas wrote in the statement.

Officers Rudebeck and Shuman have been on administrative leave since the shooting, which is department policy. The police department said they’ll return to duty immediately.