DA: Ashwaubenon officer justified in shooting

Posted at 4:33 PM, Feb 24, 2016
and last updated 2016-02-25 08:25:38-05

The Brown County District Attorney’s Office has completed its review of the investigation conducted by the Wisconsin Division of Criminal Investigation involving the death of Dustin M. Kuik on Sept. 9, 2015 in Ashwaubenon. 

The Division of Criminal Investigation provided the Brown County District Attorney’s Office with a thorough case file, including the investigative reports, audio and video recordings, photographs, written and recorded statements, the autopsy report, crime lab findings, scene diagrams and other investigative materials, according to Brown County District Attorney David Lasee.

Based on a complete review of the investigative file, the Brown County District Attorney’s Office is satisfied that Officer Brian Murphy of the Ashwaubenon Department of Public Safety acted lawfully, within his capacity as a Public Safety Officer, and exercised his privilege to use deadly force. There is no probable cause to believe that Officer Murphy committed a criminal act, and the Brown County District Attorney’s Office will not pursue any charges stemming from this incident, Lasee said.

"Dustin Kuik’s death was a tragic event," Lasee said in a statement. "I would like to extend my sincerest condolences to his family and friends. Likewise, this was a tragic event for the officers present that evening; and I would like to extend my gratitude and sympathies to those officers and their families."