APPLETON, Wis. (WFRV) – Two officers with the Appleton Police Department have been cleared of any criminal charges regarding the death of 29-year-old Daniel Pesavento.
Officers Bryce Rudebeck and Anthony Shuman, each with five years of law enforcement experience, were cleared of any wrongdoing after fatally shooting Pesavento by Outagamie County District Attorney Melinda Tempelis.
On August 12, 2022, authorities responded to a domestic disturbance call at a home located on the 1500 Block of North Birchwood Avenue in the City of Appleton.
Upon arrival, officers found Pesavento with a handgun and immediately began negotiating with him to put the weapon down.
Pesavento continued walking down the driveway toward officers, yelling and screaming.
Dispatch records report at 8:06 p.m., shots had been fired and commands were given to Pesavento to not touch the gun again. Once it was confirmed there was no threat, officers and Appleton Fire Department Medics approached Pesavento to secure him and render aid.
Pesavento later died at a nearby hospital.
I have reviewed the entire investigation that was provided to me related to this incident, which includes a very detailed report, photos, maps, medical records, interviews, videos and other important information. It is my understanding there are a couple of items outstanding, including the final autopsy report from the medical examiner’s report, which will include the toxicology result and ballistic reports from the Wisconsin State Crime Lab. I have been told these items could take months. However, after reviewing everything else, I do not believe the result of those items would change my decision based on other corroborating information in the investigation.Melinda J. Tempelis, Outagamie County District Attorney
According to documents, Officer Rudebeck and Officer Shuman were reasonable in their belief they and other officers and citizens were in imminent danger of death or great bodily harm when they observed Pesavento walk to the end of the driveway, within 40 yards of them.
The document also states that both officers feared for their lives, the lives of other officers, and the public’s safety causing them both to fire their weapons.
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.Todd Thomas, Appleton Police Chief
No further details were provided.