Report: No Decision About Waukesha Man’s Death

The Waukesha County district attorney is waiting for DNA evidence to return from the state’s crime lab before making a determination in the case of a man who fatally shot a Waukesha resident in August, according to an update on the Milwaukee Journal Sentinel’s website.

James P. Babe, of Waukesha, , had threatened Michael Fitzsimmons before the shooting, Fitzsimmons told authorities in Okauchee. Babe has a criminal record, but his family members disputed that he could have threatened to kill a person.

Waukesha County District Attorney Brad Schimel previously told a reporter with the Milwaukee Journal Sentinel that Babe was not armed when he was shot. The prosecutor, however, still needs to investigate whether or not the shooting was justified.

Meanwhile, Babe’s former wife was a homicide victim in Dodge County in September 2007 after she was found beaten to death. Laura Babe’s body was found following an apartment fire in Horicon. A news article from the time posted on Madison.com states that Laura Babe was not living with James Babe at the time of her death.