Brown Deer police officer won’t face retrial in shooting
Man who was shot files papers that are precursor to lawsuit
A Brown Deer police officer charged with unlawfully shooting an unarmed bus passenger in the back will not face trial a second time, according to an attorney for the man who was shot.
However, the U.S. Attorney’s Office has confirmed it will review the case for possible federal criminal charges, attorney Jonathan Safran said Friday.
In February, a Milwaukee County judge declared a mistrial after jurors could not reach a verdict in the case against Devon Kraemer, who was charged with aggravated battery with intent to cause great bodily harm.
Kraemer and another officer were trying to handcuff Manuel Burnley Jr. when she fired a single shot between his shoulder blades on March 14, 2016.
Safran said his client was “disappointed” in the decision not to re-try the officer.
“We believe that there was sufficient evidence certainly for the District Attorney’s Office to re-try that case, and we believe there was sufficient evidence at the trial that could have led to a conviction,” Safran said Friday.
The decision means Kraemer will not face any other criminal proceedings related to the shooting in state court.
Burnley also has filed a notice of injury with the Village of Brown Deer, a precursor to a lawsuit.
“My client still wants there to be criminal charges,” Safran said.
Judge Christopher Dee declared a mistrial after the jury of six men and six womentold him they could not agree whether Kraemer was guilty of a crime or acted in lawful defense.
The jury deliberated for two days after more than a week of testimony from experts, the defendant, a second officer at the scene and the victim. Jurors declined to speak with reporters when they left the courtroom.
District Attorney John Chisholm said police shootings are the most difficult to prosecute.
“I think there’s no question that because these cases always start with the officer involved acting in the course of his or her job responsibilities, they’re very unique,” Chief Deputy District Attorney Kent Lovern said Friday.
The decision to prosecute Kraemer was based on the specific facts, circumstances and evidence of this shooting, but after taking into account the mistrial, prosecutors felt they could not meet their burden of proof before another jury, he said.
The matter will be dismissed formally on Monday during a court hearing, Lovern said.
Lovern confirmed the U.S. Attorney’s Office has reached out and requested the District Attorney’s reports on the shooting.
“As we’ve done in other cases, we have turned over information to them and continue to offer assistance as they would deem appropriate,” he said.
Kraemer, 28, faced up to 15 years in state prison if she had been convicted of aggravated battery with intent to cause great bodily harm, while armed with a dangerous weapon.
She and another officer were trying to arrest Burnley, now 28, for disorderly conduct after escorting him off a bus where he had argued loudly and profanely with the driver over his fare. Kraemer testified that as all three of them were struggling on the ground, she feared Burnley was reaching for a gun.
Burnley was hospitalized for 12 days and lost part of a lung. The bullet remains in his body.
The Law Enforcement Legal Defense Fund, a national organization, has supported Kraemer, paying for an expert witness.
The Milwaukee Black Panthers appeared at some court hearings and earlier this week, the group demanded her termination or resignation.