Chief: Officer had no options in shooting

WAUSAU - A Wausau police officer who shot and killed a man in April used appropriate force when he confronted a domestic abuser and will face no criminal charges, prosecutors announced Monday.

Wausau Police Officer James Martin shot and killed Oswald Mattner, 42,  after he was called to a domestic disturbance at Gilbert Street Apartments on April 30, police said.Police had enough evidence at the scene to arrest Mattner, but he was gone when police arrived.  Officers searched around the apartment and eventually found Mattner outside, but he then entered the apartment, police said. Mattner attempted to stab a resident who let Martin into the building, but the resident was able to block the blade, police said. Mattner approached Martin with a nine-inch knife when he was confronted by the officer, police said.

Jim Merklein, the resident who was attacked by Mattner, said at a press conference he never meet Mattner before the day of the shooting. Merklein said Martin told Mattner at least five times to put the knife down.

"With all the recent shootings this is a touchy situation," Merklein said. "But we need to stand behind our police officers."

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Police and emergency crews performed life-saving measures but Mattner died at the scene, police said. Three other officers, Jenna Zinkowich, Brady Copas and Shawn Meyer, were at the scene when the shooting happened, police said. 

Marathon County District Attorney Ken Heimerman said Monday that he called a press conference to announce his findings, based upon review of 90 police reports generated in the investigation, because openness in police shootings is so important to the community and the country.

"From a legal standpoint, it was an easy decision to make," Heimerman said.

Heimerman went on to say that police entered a charged situation on the day of the shooting, based upon an eyewitness who reported that a "drunk guy" was outside the apartment building fighting with his girlfriend and "yelling that he was going to kill everyone"  The girlfriend also told police that Mattner always carried a knife and was drunk when she arrived him from work at about 5 p.m., before he beat her.

Mattner was convicted in three previous felony cases and 14 misdemeanors; he had been charged with battery seven times, Heimerman said, and had spoken in the past of committing "suicide by cop." In one case, police in Kenosha were called to a disturbance report involving Mattner and the same victim, and Mattner armed himself with a knife and told police to shoot him, according to court records.

On the day of the shooting, he sent 114 text messages to family members and friends, some of them threatening other people. One was particularly ominous: "I'll die before I go to jail; watch the news, it will be there," he texted to one recipient.

When Martin finally confronted Mattner at the top of a staircase in the apartment building, Mattner said "you are going to have to shoot or kill me," according to a Merklein, Mattner then drew a knife and moved toward Martin, who tried to back down the stairs and told Mattner "at least five times" to drop the knife, Heimerman said.

Heimerman said all that information made it clear that Martin confronted a man who was determined to lash out violently, perhaps was intent on dying, and that Martin tried to defuse the situation by backing away.

Martin ultimately drew his pistol and shot — "acted as a valiant police officer" by shooting at Mattner five times while protecting Merklein — and then began life-saving measures before other officers arrived, Heimerman said.

Wausau Police Chief Jeff Hardel also announced the findings of the police department's internal investigation on Monday. He said the DA's investigation was to determine if criminal charges should be filed, while the police's internal investigation was done to determine if the officer followed the department's policies.

Hardel said the department supported Martin's decision to shoot Mattner "100 percent" and using deadly force was the "only option he (Martin) could have made."

"Officers should not feel like they need to be punched, knifed or shot at before they take action," Hardel said.  

Hardel said his department regularly reviews with officers methods of deescalating violent situations, but none of those methods would have worked in this incident. He said Mattner was only five feet away Martin before the shooting and Mattner was approaching Martin with a knife. Merklein was also present, which further limited Martin's options. 

Hardel said Martin, who was placed on paid administrative leave during the investigation as is normal procedure after an officer-involved death, will return to work Friday. Wisconsin law requires an outside agency to investigate officer-related deaths. The Division of Criminal Investigation, the same department that reviewed the officer involved in the Antigo Prom Shooting, investigated this shooting.

Martin was a graduate of Northcentral Technical College and served as a part-time Marathon County deputy before being hired as a full-time police officer in 2015. He never before had used his pistol, stun gun or baton while on duty, Heimerman said.

"He clearly want to back on the road, he wants to back with his team," Hardel  said. "He says to us 'there is nothing else I could have done.'"

Heimerman said an autopsy revealed Mattner was hit by four of Martin's shots — the fifth hit a wall of the apartment — and that Mattner's blood-alcohol level was about 0.18 percent, more than twice the legal driving limit.

Heimerman said he told Mattner's girlfriend and family Monday before the press conference that he wouldn't be pressing charges against Martin. 

Arielle Hines: ahines@wausau.gannett.com or 715-297-7518; on Twitter @theariellehines.