WAUWATOSA, Wis. — A federal judge has dismissed a lawsuit against two Wauwatosa Police officers involved in the 2022 shooting of an armed suspect, ruling that their use of force was objectively reasonable, the Wisconsin Examiner reported.
U.S. District Judge Brett Ludwig granted summary judgment for the officers, citing that Damiso Lee, then 17, was armed with a handgun, disobeyed commands and tried to run. Ludwig concluded the officers reasonably believed Lee posed a threat of death or serious bodily harm based on what they knew at the time.
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Body camera video released in August 2022 shows Officer Evan Olson conducting a traffic stop on April 5, 2022. Olson pulled behind a vehicle as the driver’s side door opened and ordered the driver to show his hands.
Olson had stopped the vehicle because it was reported stolen. An automated license plate reader (ALPR) search flagged the alert level as “high,” so Olson prepared for a felony traffic stop by requesting backup and holding the driver at gunpoint. The driver, Lee, was the vehicle’s owner, who had filed a stolen car report but had not updated police that he had located it, according to the video release.
“Show me your hands ... Stop!” Olson can be heard saying on the video. As the stop progressed, Officer Dexter Schleis approached from the other direction.
Lee can be seen getting out of the vehicle, ignoring commands and putting a hand near his pocket.
“Do not reach for that gun,” Olson can be heard saying. As Olson continued to issue orders, Lee dropped a box of food and ran from the vehicle and officer.
Lee ran toward Schleis before tripping and falling. The fall caused him to drop the handgun. He then stood, grabbed the gun and ran back toward Olson.
“Drop the gun!” one of the officers can be heard saying twice before both officers fired shots.
Lee was hospitalized for medical treatment and discharged days later, according to the video release.
In his decision, Ludwig said Lee’s case revolved around the argument that the officers’ use of deadly force was not objectively reasonable because he was running away from officers, the Examiner reported.
“Lee’s position is contradicted by the evidence presented, including video recordings of the incident,” Ludwig stated.
Ludwig cited the ALPR flag, Olson’s confirmation of the stolen status through dispatch and Lee’s decision to flee while armed. He rejected the plaintiff’s argument that video shows Lee facing away from officers when he was shot, saying Lee changed direction multiple times during his attempt to escape, the Examiner reported.
“Indeed, the officers gave Lee multiple opportunities to surrender before resorting to deadly force, including after he retrieved the handgun,” Ludwig said.
Lee’s attorney, William Sulton, told the Examiner that Lee is considering appeal options.
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