By Police1 Staff
APPLETON, Wis. — Officer Stephanie Wiener was in a fight for her life while trying to defend herself from an attack by an armed theft suspect, according to an investigation by the Green Bay Police Department.
The Appleton Post-Crescent reported the suspect, Marcus D. Felton, wrestled away Wiener’s service weapon, shooting her and a bystander, 23-year-old Andrew Maltbey, who stepped in to help Wiener, Lt. Gary Richgels told the news site. Felton then fatally shot himself in the head. The officer was cleared of any wrongdoing in the May 28 incident.
“Officer Wiener said she knew if he got her gun, he was going to kill her, so she was trying to point the barrel of the gun at his neck or head and shoot him, while he was trying to do the same thing to her,” Chief Todd Thomas told the news site.
Wiener had stopped 23-year-old Felton on suspicion of stealing cigarettes from nearby convenience stores. Felton refused to comply with Wiener’s commands over the public address speaker, then approached her.Wiener got out of her squad car with her gun drawn.
When Felton began to punch the air and act erratically, Wiener used her free left hand to TASER Felton. As Felton approached, Wiener attempted to kick him, but Felton grabbed her firearm.
“They fought with each other trying to point the barrel of the gun at the other person,” Thomas said.
Maltbey pulled up behind Wiener as she left her patrol vehicle. When the ECD was ineffective, he attempted to intervene and help the officer. Maltbey was described as a “very strong and fairly large man,” Thomas said.
“This shows the strength that the suspect possessed at that time,” Thomas said. “Mr. Maltbey didn’t want to be called a hero, but he is.”
Felton shot Wiener in the hip after he wrestled away the gun and she took six steps back in retreat. Maltbey was ducking for cover when he was shot in the chest. Felton fired a total of six shots — the last fatal into his own head.
Wiener told investigators being in her patrol vehicle limited her defense techniques.
“If this guy was going to come and hurt me, I wasn’t going to set myself up to get killed in my car, so as soon as he kept closing in, I got out of my car,” she said in a report obtained by the publication.
Thomas said Wiener acted within protocol by leaving her squad car.
“We’ve all seen the videos in the last couple years of officers being ambushed and assassinated in their squad cars,” Thomas said. “Officer Wiener did not allow herself to be trapped inside her vehicle.”
Wiener’s body cam was only turned on after she was shot. The video released by the department was taken from a body camera worn by responding Officer Dale Knauer.
Maltbey and Wiener were both hospitalized but have since been released and are recovering from their injuries.