(Fond du Lac) A Fond du Lac County sheriff’s sergeant’s use of force that resulted in the shooting death of Jesus Mendez Berry was determined to be lawful. District Attorney Eric Toney says the investigation into the February 24th incident found Mendez Berry had a blood alcohol content nearly six times (.474) the legal limit and there was cocaine in his blood.
Toney notes that Mendez Berry had made “suicide by cop” comments on at least two occasions that day. Moments before the shooting, he was carrying what a resident thought was a handgun. The woman called 911 to report it.
Toney says the sheriff’s office had previous dealings with the 26-year-old in which he threatened a deputy trying to apprehend him on a felony probation warrant. At first, Sergeant Andrew Kohlman used a less lethal option to try and arrest Mendez Berry who was holding what appeared to be a gun but was later determined to be a BB/pellet gun.
Deputies gave 10 or more directives for Mendez Berry to show his hands, but he hid the gun behind his back. After seeing the gun and believing there was an imminent threat to him and other law enforcement, Kohlman fired his gun four times. Toney says Kohlman was privileged under state law to use deadly force in self-defense and defense of others.
