District Attorney Carrie Schneider said they consider Jimmie Sanders a victim and Henry Nellum is now being charged in his death, adding they've cleared the officer of any wrong doing.
"After review of the investigation, and consultation with the Green Bay Police Department, I have concluded that no criminal actions will be pursued against the officer involved in this incident," Schneider said to press at the Appleton Police Department Friday.
The District Attorney said she examined video, statements, and officer training on the use of force and deadly force.
Sanders family was present Friday outside the Appleton Police Department.
"I just don't understand why Nellum is getting charged for this,” Sanders' foster sister, Cynthia Thomas, said. “I don't get that and I’ll probably never get that, but I’m not stopping here.”
The incident started at Jack's Apple Pub in Appleton early Sunday morning on May 21.
Court records show an argument broke out between Henry Nellum and Leander Moffitt.
Prosecutors said Lieutenant Jay Steinke responded and fired shots hitting both Nellum and Sanders, but only intended to hit Nellum, who they said had a gun. Sanders died and Nellum survived.
Friday the D-A said Nellum faces a new charge of felony murder.
"This is one of the worse situations that a police officer can ever be put into, so we regularly train to respond to them," Police Chief Todd Thomas said. “Whether this happens in your child's elementary school, church, your business, or a bar, the police response is the same, preservation of life is our top priority even at risk of our own.”
Schneider said Lt. Steinke was not wearing his body camera at the time.
Cynthia Thomas said the results of the investigation are 
unacceptable.
"This man had a life, this man had a family," she said. "This man had people out there that loved him, and all of the comments and the Facebook and messaging I get, everything has been positive. I get the negative too from people, but at the end of the day, my brother was wrongfully shot by people that are supposed to protect and serve.
Daniel Storm, an attorney for the family, said they plan to pursue a wrongful death complaint.
"Attorney General Brad Schimel, we're going to ask that he review this entire case," he said.
Nellum also faces a new charge of aggravated battery against Leander Mophet, the other man involved during the fight in the bar.
