DOJ: Germantown police fatally shot man after exchange of gunfire on middle school roof

DOJ: Germantown police fatally shot man after exchange of gunfire on middle school roof
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Updated: 4:55 p.m. on Oct. 25, 2023

GERMANTOWN, Wis. (CBS 58) -- The Wisconsin Department of Justice (DOJ) said in a release Tuesday afternoon a man died Monday night after exchanging gunfire with Germantown police officers on the roof of a middle school. According to the Germantown School District, KMS staff will return on Thursday, Oct. 26 to work with the administration and Pupil Services on plans for all students to return to school on a regular schedule Monday, Oct. 30. 

In a press release, the DOJ said Germantown police responded to reports of a "subject acting erratically" in the parking lot of Kennedy Middle School around 6:36 p.m. 

The Tuesday release stated the man had no known relationship to the community or school and was driving a vehicle with out-of-state plates. When the man's car broke down, he took it to a nearby car repair shop.

According to the DOJ release, the man was acting "erratically" at the car repair business and left on foot. When he got to the middle school, he tried to go inside, but the doors were locked.

When police arrived, authorities said the suspect climbed onto the roof of the school, with two officers following on foot. The DOJ release stated the suspect fired at the officers, and the officers returned fire. A third officer also shot their gun.

Officials said the man was struck by the gunfire, and despite first aid given at the scene, the man died on the school's roof.

At a press conference Tuesday afternoon, Germantown Police Chief Mike Snow said he believed there was no ongoing threat to the public.

"We believe [students] are safe going back to school," Snow said. "We believe this was an isolated incident. We have no reason not to believe that."

Germantown School District Superintendent Chris Reuter said about 70 students were inside the building at the time of the incident. 

"Varying ages, from elementary all the way to high school, and approximately 20 adults," Reuter said. "Ranging from Germantown School District employees to community members utilizing our facilities."

Tyler Weber, a student at Kennedy, said he was practicing for band and color guard in the cafeteria. 

"And all of a sudden the janitor comes and starts shouting, telling us to go hide and stuff," Weber said.

Weber says he was hiding for about three hours before they were given the all-clear. Buses took students to MacArthur Elementary, where they were reunited with their families late Monday night. 

John Hight said he was officiating adult co-ed volleyball league matches in the gym when the incident happened.

"I didn't really see or hear nothing. All of a sudden, a policeman came in the gym and said, 'y'all have to go to a secure location,'" Hight said. "So, we went into the holding room for all the wrestling mats and gymnastics stuff, basketball equipment."

Snow said one silver lining of the frightening scene was seeing how prepared the students were to act once the lockdown went into effect. He said the district has done extensive training, and the execution wasn't nearly as good at the beginning of that process.

"We do lockdown drills regularly, and we have seen the progression of how these lockdown drills are performed with our students," Snow said. "Trained officers are having a hard time nitpicking and finding things that they're doing wrong because they're doing them so well."

The DOJ release said the involved officers were put on paid administrative leave. Snow said a total of four officers were on leave while the investigation is ongoing: the three officers who fired their guns and another officer due to their proximity to the shooting. 

Reuter said aside from Kennedy, the rest of the district's students would return to school Wednesday. Kennedy, however, would remain closed Wednesday, and there are already no classes scheduled for Thursday and Friday due to parent-teacher conferences and staff development time.

Reuter said the DOJ would ultimately decide when to release the building back to the district.  

A DOJ spokesperson did not immediately know whether Germantown officers' body cameras recorded video of the shooting. Once the investigation is finished, the Washington County District Attorney's Office will receive the case, and it will ultimately decide whether the shooting was justified. 


Published: 8:22 p.m. on Oct. 23, 2023

GERMANTOWN, Wis. (CBS 58) -- There is a massive police presence outside Kennedy Middle School in Germantown Monday night, Oct. 23. 

Squads from Germantown, Wisconsin State Patrol, Menomonee Falls and Sussex have responded to the school near Fond du Lac Avenue and Williams Drive. 

According to the Germantown School District, a school safety threat prompted a lockdown at the school Monday evening. 

A spokesperson for the Wisconsin Department of Justice tells us the agency will be putting out a statement, which typically indicates a critical incident involving an officer. 

Those in the area say a volleyball game was taking place at the school Monday evening. 

All students that were at Kennedy Middle School are being transported to MacArthur Elementary via bus. Parents are asked to bring an ID and pick up their children at: 

MacArthur Elementary
W154N11492 Fond du Lac Avenue
Germantown, Wisconsin 53022

As this was happening, the district was holding its annual meeting at Germantown High School. That's when they heard about what was happening. About half an hour later, the board ended the meeting, saying they will reschedule it for a later date, likely next week. 

This is a developing story. Stick with CBS 58 for updates on-air and online.

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