Officers, Deputies Who Shot Waukesha Man Cleared in Incident

The two Waukesha police officers and the two Waukesha County sheriff’s deputies who shot at 44-year-old Gibson P. Martin, who a complaint states was violently slashing a knife while charging toward the officers as a suicide attempt, have been cleared of any wrongdoing in their use of force by Waukesha County District Attorney Brad Schimel.

Martin survived the shooting and remains at the Waukesha County Jail awaiting trial.

Deadly use of force was the only option available to the officers after a non-lethal method was used during the early morning hours of April 21, according to Schimel.

“Any reasonable person in the circumstances of the officers would have perceived that Mr. Martin posed a clear threat of great bodily harm or death to others,” Schimel said in a letter to Police Chief Russell Jack and Sheriff Dan Trawicki.

Martin was shot 14 times in the incident. A fifth officer fired a less-lethal shotgun in the incident.

The bean bag round was the first shot fired, according to a letter from Schimel, but that did not stop Martin.

“Mr. Martin continued running toward officers, but followed a zig zag pattern apparently to avoid getting struck by another bean bag round,” Schimel said in the letter. “Mr. Martin got within 20 feet of the officers, he was charging with the knife and the four officers who had clear shots discharged their weapons at Mr. Martin to stop the attack.”

Waukesha County Supervisor Michael Crowley was on a ridealong with the Waukesha Police Department that night and witnessed the entire shooting.

“I had the unique vantage point to observe their tactics and actions to address the call," he said days after the shooting. "The Waukesha police officers and the Waukesha County Sheriff’s Deputies teamwork and professionalism was outstanding. They did what they had to do to protect themselves.

"It was so unfortunate it had to end that way with him being shot as he did not obey any repeated commands.  But it was absolutely necessary for the officers to defend their own lives as he was waving the knife and running full speed toward us."  

Martin was charged with a felony and a misdemeanor in Waukesha County Circuit Court on Wednesday.

Martin was suicidal on April 21 and earlier had threatened to jump off a bridge, according to the criminal complaint. Martin grabbed two knives and a 75-year-old man, a family friend, tried to stop him from hurting himself.

Martin called the Waukesha Police Department and told dispatchers he was holding the man hostage with knives, the complaint states.

Waukesha police officers arrived at the scene with shields and long guns and escorted an elderly woman to safety. The elderly man also walked toward the officers when Martin charged out of the garage toward officers, the complaint states.

Martin was slashing his arms in a violent motion in front of his body as he was charging at officers. They commanded him to stop, but he continued charging while swinging the knives, the complaint states.

A police sergeant on scene, who did not fire a shot, yelled “shoot him” at the officers as he believed Martin would either injure or kill the officers, the complaint states.