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topicnews · September 27, 2024

The police and prosecutor will not release bodycam footage

The police and prosecutor will not release bodycam footage

Tommie Dixon is charged with two felonies and three misdemeanors, including disarming a peace officer and bail jumping.

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SHEBOYGAN — Sheboygan County District Attorney Joel Urmanski said the body camera footage and investigation into an officer-involved shooting on Sept. 8 will not be released at this time to ensure a fair trial.

Urmanski is expected to authorize the Sheboygan Police Department and the West Bend Police Department, which are respectively responsible for the body camera footage and investigation, to release the evidence – but the timing is uncertain.

“I definitely want the public to know, this is fair and everyone has a right to know,” Urmanski told the Sheboygan Press. “I also need to ensure that Mr. Dixon can achieve a fair outcome and that is an ethical priority that I must put at the forefront.”

Tommie Dixon, 23, faces five criminal charges after Sheboygan police said a suspect walked up and assaulted an officer. According to SPD, the suspect then took a pistol from the officer’s belt. This followed a call from a man who appeared to be waving a gun near the 1500 block of North 13th Street.

Family and lawyers say the suspect is Dixon, who was shot and killed by police. Dixon was taken to a Green Bay hospital to recover from his injuries. According to his mother, Terri McKenzie, he was in the intensive care unit and suffered multiple gunshot wounds.

The Sheboygan Press filed an open records request with the Sheboygan Police Department on Sept. 11 for the body camera footage of the officers involved in the incident. The department denied the request on September 13.

Police Chief Christopher Domagalski said in a letter denying the request that releasing the records at this time could interfere with ongoing investigations or prosecution of criminal charges.

West Bend Police Lt. Brian McAndrews confirmed Sept. 25 that the department had completed its investigation and referred the case to Urmanski for review.

McAndrews said in an email that Urmanski asked the department not to release any information related to the case at this time because it “could prejudice the possibility of a fair trial.”

The Sheboygan Press filed an open records request with the West Bend department on Sept. 26 for the investigation.

In the next few weeks, Urmanski said, he should be able to determine whether what he might say or authorize release by law enforcement would ethically harm Dixon’s chance for a fair trial.

He said releasing the evidence was complicated because of the possibility of criminal prosecution.

“In the worst case scenario, if you want to look at it that way, if it ends up being a criminal prosecution and I say, ‘For ethical reasons I just can’t publish all of this,’ we would have to wait until a criminal case is initiated or…” ” The cases are closed and then the information could be made available, whether it be a body camera or anything,” Urmanski said. “If we have a case that goes to court, it would also be heard publicly and available. And then, you know, the same thing: Once the process is complete, those things can be shared.”

If there is a trial, Urmanski said, the release and reporting of the body camera footage and investigation could impact the jury and lead to a fair trial.

Family and lawyers called for the body camera footage to be released immediately after the shooting

Attorneys Cierra N. Norris and Evan Finneke of Chicago-based C. Norris Law Group joined Dixon’s family at a Sept. 10 media briefing in calling for police to release the body camera footage outside the department.

Norris assumed that if charges were filed against Dixon, the body camera footage would be sealed behind protective orders and not released to the public.

“I know what’s going to happen,” Norris said. “They’re going to charge him because that blocks the accountability process.”

At that time, Norris told the Sheboygan Press that the department had not responded to her letters requesting release of the footage.

The legal department could not immediately be reached to learn whether police have taken further action. The firm is not representing Dixon in the criminal case but is investigating a civil lawsuit.

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Tommie Dixon faces four charges, including a felony count of disarming a peace officer

Dixon faces one count of disarming a peace officer and one count of bail jumping. He is charged with one misdemeanor count of resisting or obstructing an officer and two misdemeanor counts of bail jumping. Each charge carries a “repeat” sentence enhancer, which increases the number of years in prison to be served.

Court records show that Dixon is being held at the Sheboygan County Detention Center.

A cash bond of $30,000 was set Sept. 16. There is no defense attorney listed for the case yet. According to notes from a Sept. 23 status conference, Dixon said he was not entitled to a public defender. McKenzie said they are working on hiring an attorney, the release said.

A rescheduled status conference is scheduled for September 30 at 3:45 p.m. A preliminary hearing is scheduled for Oct. 2 at 3:15 p.m.

Do you have a story tip? Contact Alex Garner at 224-374-2332 or [email protected]. Follow her on X (formerly Twitter) at @alexx_garner.

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