DA: Officer acted in self defense in Sept. 13 Loyal shooting

The Clark County District Attorney’s Office has reviewed the investigation into the fatal shooting of Robert E. Domine on Sept. 13 in the city of Loyal and determined that the actions of Marathon County Sheriff’s Deputy Russell Gage were a reasonable act of self-defense. As a consequence, Gage will not be charged with any criminal offenses in connection with the incident.
District Attorney Kerra Stumbris released the findings of her review on Oct. 25. In a statement released to the media, she said Gage’s actions on Sept. 13 were in self defense and taken after Domine shot at police officers at two separate times during the stand-off.
Under Wisconsin law, Stumbris said, any person, including a police officer, is allowed to use deadly force in an act of self-defense if the person reasonably believed that he or she faced an unlawful interference that created a risk of death or great bodily harm to themselves or others. If, as in this case, the person’s actions are privileged under the law of self-defense, he or she cannot be convicted of any crime.
On Sept. 11, at approximately 4:50 p.m., city of Loyal police officer Jacob Schar attempted a traffic stop on a vehicle in the city. Schar recognized the operator of the vehicle as 77-year-old Robert E. Domine and was aware of an active warrant for Domine’s arrest out of Taylor County. Schar activated his emergency lights and blocked the roadway, but Domine ignored Schar’s commands, drove around the squad car, and accelerated past Schar at a high rate of speed.
Schar pursued Domine’s vehicle and was joined in the pursuit by officers from the Clark County Sheriff’s Office. The pursuit continued on rural roads and highways through Clark County, with Domine reaching and maintaining speeds between 80 and 100 miles per hour. During the pursuit, Domine pointed a handgun through the rear sliding window of his truck at Clark County Sheriff’s Office Sergeant Wade Hebert, who was leading the pursuit at that time.

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