Madison DA Decides No Charges Warranted in Robinson Shooting
Hundreds of people marched peacefully to the state Capitol to protest the district attorney's decision not to file charges in the March police shooting death of Tony Robinson in Madison. Video by Mark Hoffman.
By Mary Spicuzza and Bill Glauber of the Journal Sentinel Updated: 8:13 p.m
Madison — Dane County District Attorney Ismael Ozanne said Tuesday that Madison Police Officer Matt Kenny won't face criminal charges in a fatal shooting that sparked protests in Madison and drew national attention as the country grapples with police shootings of unarmed black men.
"I conclude that this tragic and unfortunate death was a result of a lawful use of deadly police force and that no charges should be brought against Officer Kenny in the death of Tony Robinson Jr.," Ozanne said during a news conference.
Ozanne's announcement came just over two months after Kenny, who is white, shot 19-year-old Robinson, who was biracial, at an apartment house in early March. Ozanne, who himself is biracial, spoke with emotion as he discussed the case and laid out his reasons for not pursuing charges. He said three 911 calls described Robinson's behavior as dangerous and "crazy" and toxicology reports confirmed multiple drugs in his system. Neighbors reported incoherent yelling, and Kenny said Robinson attacked him and would not back down.
"My decision will not bring Tony Robinson Jr. back. My decision will not end the racial disparities that exist in the justice system — in our justice system," Ozanne said. "My decision is not based on emotion; rather this decision is based on the facts as they have been investigated and reported to me."
Ozanne said he reviewed volumes of investigative material, including radio communications, photographs, video of the scene and 814 pages of reports released by Madison police.
The prosecutor extended his condolences to Robinson's mother, Andrea Irwin.
"On March 6, 2015, a young man lost his life far too soon," Ozanne said. "Now, whether we are policing, teaching or parenting, when we use violence to control, we do so at a tremendous cost to the person, to our community and ultimately to our humanity."
Jon Loevy, an attorney for the Robinson family, said many unanswered questions remained about the case. He said the family was disappointed it would not be reviewed and decided by a jury. He questioned why Kenny entered the building without waiting for backup, accusing him of creating "a confrontation that led to an unnecessary death."
Turin Carter, Robinson's uncle, said "this was a 19-year-old kid whose life was cut short before he was able to fully realize his potential."
Sharon Irwin said her grandson "has been slandered from the beginning and has been set up," adding "this is politics and not justice."
Nevertheless, Loevy said, the family urged protesters to remain calm.
After the family's news conference, they joined protesters in an evening march to the state Capitol. Marchers held a banner reading "Black Lives Matter" and chanted, "I believe that we will win!"
'Acting kind of crazy'
The incident began on a Friday evening when Kenny responded to a welfare check after Robinson was seen running in traffic.
Ozanne said there were three 911 calls before the officer arrived on the scene. The first caller, a friend of Robinson's, said he was "tweaking, chasing everybody and it is really outrageous right now." The caller said it was not believed that Robinson was armed, but he had jumped in front of a car. "Tony is going crazy, he took shrooms or some type of drugs."
Another 911 caller reported that a light-skinned man had attacked him near a gas station.
A third caller at 6:32 p.m. reported that Robinson was "acting kind of crazy, came up to him and tried to choke him."
All that information was sent to the officer as he went to the scene.
The officer's statement indicated that when he exited his squad car he heard sounds of a disturbance from an upstairs apartment at 1125 Williamson St., Ozanne said.
Believing a fight was taking place, the officer radioed dispatch that he was going to go in. He drew his firearm. In documents released Tuesday by the state Department of Justice, Kenny said he believed someone was being assaulted.
As he got to the top of the stairs he yelled, "Madison police!"
Robinson struck Kenny on the left side of his head and knocked him to the wall, according to the Department of Justice documents.
"He indicated he was worried he would be struck again and lose consciousness," and was afraid his gun would be taken from him, Ozanne said.
"He retreated five or six steps away from the door and yelled, 'Don't move,'" Ozanne said.
Robinson kept coming, and there was neither time nor space to respond with anything but lethal force, Kenny told investigators.
Kenny shot Robinson seven times in three seconds.
After the shooting, Kenny told investigators, he attempted CPR on Robinson, telling the teenager: "Stay with me. Stay with me. Come on, stay with me."
Fights, drugs, shots
The state Justice Department investigated the incident under a new state law that requires outside agencies to review officer-involved deaths.
Ozanne said that in the investigation, each of the 911 callers was interviewed and confirmed the information they reported in their calls. Other interviews confirmed Robinson was seen running and jumping in front of another moving car in traffic and was witnessed jumping on a customer in the gas station and punching a pedestrian on the sidewalk, Ozanne said.
Toxicology reports found marijuana, Xanax and psychedelic mushrooms in Robinson's system, Ozanne said. And the girlfriend of one of the residents of the Williamson St. apartment overheard Robinson say: "I took shrooms. I'm freaking out. I shouldn't have done this."
Neighbors in a downstairs apartment at the address confirmed that they heard a fight upstairs. And just before the shots were fired, there were the sounds of someone coming down the stairs, Ozanne said.
"All seven shots hit Tony Robinson Jr. at close range," Ozanne said. "All bullets hit Robinson from front to back."
The dashcam video of Kenny's squad car shows him pulling up to the apartment building, looking around outside, and then approaching the outside entrance and stairwell leading up to the apartment. He draws his pistol, reaches to his radio and then enters the apartment building about one minute after his car arrived.
About 22 seconds later, Kenny backs out the door, firing at least one shot while outside the apartment. At that point, Robinson's feet can be seen stretched just outside the door.
Two other officers then show up. Search warrants unsealed Tuesday included the testimony of Sgt. Jamar Gary, one of those two officers.
Gary approached the residence and observed Kenny with his weapon pointed at Robinson, who lay at the foot of the stairs. Kenny told Gary he believed there was a second person still inside the residence, but a sweep of the apartment found nobody else. According to a search warrant, officers found "a large Samurai type sword" on the floor of one bedroom.
On administrative leave
Madison Police Chief Mike Koval said at a news conference shortly after the announcement that he called Kenny when the decision was announced to tell him he's sure a great burden must have been lifted.
Koval gave his condolences to the Robinson family and thanked Ozanne and investigators for a thorough review of the shooting.
"To the community's credit, our dialogue began before March 6, as we're striving to look at ways in which our role in the racial disparities issues that have been so chronicled in our community ... can be better understood," Koval said.
Kenny is still the subject of an MPD internal investigation that Koval expects to wrap up within one or two weeks. Kenny will remain on administrative leave until then.
Jim Palmer, executive director of the Wisconsin Professional Police Association, said the decision "to exonerate" Kenny was appropriate.
Palmer added, "Despite this outcome, our hearts go out to Mr. Robinson's family, and we appreciate the challenges and emotions that this incident has inspired. As a city, we must now come together to engage in a communitywide dialogue to strengthen the relationship between law enforcement and the people it serves, and to otherwise move forward in a way that protects all of our citizens and the officers that police our streets."
Michael Johnson, chief executive of Dane County Boys & Girls Club, said Madison needed to refrain from violence, as compared to what occurred recently in Baltimore.
"It's a defining moment for the community," he said. "I am praying for our community to respond in a way that doesn't cause a distraction from what the real issues are."
Outside the home where Robinson died, clergy, activists, friends and neighbors huddled around cellphones live-streaming the news conference. Reaction was subdued once they learned no charges would be filed against the officer.
"I'm not surprised. I could tell what the verdict was with all the evidence he (Ozanne) was releasing," said Corinda Rainey-Moore. "Unfortunately I think it (the decision) is going to send the message that young African-American men are invisible, that they don't matter, that they can be shot seven times and it won't matter."
Bishop Harold Rayford of the African-American Council on Churches said: "My heart is broken right now for the Robinson family. I'm appreciative of the thorough comments the DA gave; it answered some of my questions. But I really wish things had been handled differently by the officer."
Maria Hamilton, whose son Dontre Hamilton was fatally shot by a Milwaukee police officer, went to Madison on Tuesday to be with Robinson's family.
Robinson's mother had traveled to Washington, D.C., last weekend with Hamilton and other mothers whose children died in police confrontations or vigilante violence. They marched as Mothers For Justice, a group that Hamilton founded as a way to channel her grief over her son's death.
"I just encourage her," Hamilton said Tuesday, adding she had advised Irwin to "take her time and don't be anxious because this is only the beginning."
A solidarity rally in support of Robinson is planned for 5:30 p.m. Wednesday at Red Arrow Park, where Hamilton's son was killed.
"We want to keep her and her family lifted up in this time of need," Hamilton said.
Andrew Hahn, Jason Stein and Meg Jones in Madison and Ashley Luthern in Milwaukee contributed to this report.
By Mary Spicuzza and Bill Glauber of the Journal Sentinel Updated: 8:13 p.m
Madison — Dane County District Attorney Ismael Ozanne said Tuesday that Madison Police Officer Matt Kenny won't face criminal charges in a fatal shooting that sparked protests in Madison and drew national attention as the country grapples with police shootings of unarmed black men.
"I conclude that this tragic and unfortunate death was a result of a lawful use of deadly police force and that no charges should be brought against Officer Kenny in the death of Tony Robinson Jr.," Ozanne said during a news conference.
Ozanne's announcement came just over two months after Kenny, who is white, shot 19-year-old Robinson, who was biracial, at an apartment house in early March. Ozanne, who himself is biracial, spoke with emotion as he discussed the case and laid out his reasons for not pursuing charges. He said three 911 calls described Robinson's behavior as dangerous and "crazy" and toxicology reports confirmed multiple drugs in his system. Neighbors reported incoherent yelling, and Kenny said Robinson attacked him and would not back down.
"My decision will not bring Tony Robinson Jr. back. My decision will not end the racial disparities that exist in the justice system — in our justice system," Ozanne said. "My decision is not based on emotion; rather this decision is based on the facts as they have been investigated and reported to me."
Ozanne said he reviewed volumes of investigative material, including radio communications, photographs, video of the scene and 814 pages of reports released by Madison police.
The prosecutor extended his condolences to Robinson's mother, Andrea Irwin.
"On March 6, 2015, a young man lost his life far too soon," Ozanne said. "Now, whether we are policing, teaching or parenting, when we use violence to control, we do so at a tremendous cost to the person, to our community and ultimately to our humanity."
Jon Loevy, an attorney for the Robinson family, said many unanswered questions remained about the case. He said the family was disappointed it would not be reviewed and decided by a jury. He questioned why Kenny entered the building without waiting for backup, accusing him of creating "a confrontation that led to an unnecessary death."
Turin Carter, Robinson's uncle, said "this was a 19-year-old kid whose life was cut short before he was able to fully realize his potential."
Sharon Irwin said her grandson "has been slandered from the beginning and has been set up," adding "this is politics and not justice."
Nevertheless, Loevy said, the family urged protesters to remain calm.
After the family's news conference, they joined protesters in an evening march to the state Capitol. Marchers held a banner reading "Black Lives Matter" and chanted, "I believe that we will win!"
'Acting kind of crazy'
The incident began on a Friday evening when Kenny responded to a welfare check after Robinson was seen running in traffic.
Ozanne said there were three 911 calls before the officer arrived on the scene. The first caller, a friend of Robinson's, said he was "tweaking, chasing everybody and it is really outrageous right now." The caller said it was not believed that Robinson was armed, but he had jumped in front of a car. "Tony is going crazy, he took shrooms or some type of drugs."
Another 911 caller reported that a light-skinned man had attacked him near a gas station.
A third caller at 6:32 p.m. reported that Robinson was "acting kind of crazy, came up to him and tried to choke him."
All that information was sent to the officer as he went to the scene.
The officer's statement indicated that when he exited his squad car he heard sounds of a disturbance from an upstairs apartment at 1125 Williamson St., Ozanne said.
Believing a fight was taking place, the officer radioed dispatch that he was going to go in. He drew his firearm. In documents released Tuesday by the state Department of Justice, Kenny said he believed someone was being assaulted.
As he got to the top of the stairs he yelled, "Madison police!"
Robinson struck Kenny on the left side of his head and knocked him to the wall, according to the Department of Justice documents.
"He indicated he was worried he would be struck again and lose consciousness," and was afraid his gun would be taken from him, Ozanne said.
"He retreated five or six steps away from the door and yelled, 'Don't move,'" Ozanne said.
Robinson kept coming, and there was neither time nor space to respond with anything but lethal force, Kenny told investigators.
Kenny shot Robinson seven times in three seconds.
After the shooting, Kenny told investigators, he attempted CPR on Robinson, telling the teenager: "Stay with me. Stay with me. Come on, stay with me."
Fights, drugs, shots
The state Justice Department investigated the incident under a new state law that requires outside agencies to review officer-involved deaths.
Ozanne said that in the investigation, each of the 911 callers was interviewed and confirmed the information they reported in their calls. Other interviews confirmed Robinson was seen running and jumping in front of another moving car in traffic and was witnessed jumping on a customer in the gas station and punching a pedestrian on the sidewalk, Ozanne said.
Toxicology reports found marijuana, Xanax and psychedelic mushrooms in Robinson's system, Ozanne said. And the girlfriend of one of the residents of the Williamson St. apartment overheard Robinson say: "I took shrooms. I'm freaking out. I shouldn't have done this."
Neighbors in a downstairs apartment at the address confirmed that they heard a fight upstairs. And just before the shots were fired, there were the sounds of someone coming down the stairs, Ozanne said.
"All seven shots hit Tony Robinson Jr. at close range," Ozanne said. "All bullets hit Robinson from front to back."
The dashcam video of Kenny's squad car shows him pulling up to the apartment building, looking around outside, and then approaching the outside entrance and stairwell leading up to the apartment. He draws his pistol, reaches to his radio and then enters the apartment building about one minute after his car arrived.
About 22 seconds later, Kenny backs out the door, firing at least one shot while outside the apartment. At that point, Robinson's feet can be seen stretched just outside the door.
Two other officers then show up. Search warrants unsealed Tuesday included the testimony of Sgt. Jamar Gary, one of those two officers.
Gary approached the residence and observed Kenny with his weapon pointed at Robinson, who lay at the foot of the stairs. Kenny told Gary he believed there was a second person still inside the residence, but a sweep of the apartment found nobody else. According to a search warrant, officers found "a large Samurai type sword" on the floor of one bedroom.
On administrative leave
Madison Police Chief Mike Koval said at a news conference shortly after the announcement that he called Kenny when the decision was announced to tell him he's sure a great burden must have been lifted.
Koval gave his condolences to the Robinson family and thanked Ozanne and investigators for a thorough review of the shooting.
"To the community's credit, our dialogue began before March 6, as we're striving to look at ways in which our role in the racial disparities issues that have been so chronicled in our community ... can be better understood," Koval said.
Kenny is still the subject of an MPD internal investigation that Koval expects to wrap up within one or two weeks. Kenny will remain on administrative leave until then.
Jim Palmer, executive director of the Wisconsin Professional Police Association, said the decision "to exonerate" Kenny was appropriate.
Palmer added, "Despite this outcome, our hearts go out to Mr. Robinson's family, and we appreciate the challenges and emotions that this incident has inspired. As a city, we must now come together to engage in a communitywide dialogue to strengthen the relationship between law enforcement and the people it serves, and to otherwise move forward in a way that protects all of our citizens and the officers that police our streets."
Michael Johnson, chief executive of Dane County Boys & Girls Club, said Madison needed to refrain from violence, as compared to what occurred recently in Baltimore.
"It's a defining moment for the community," he said. "I am praying for our community to respond in a way that doesn't cause a distraction from what the real issues are."
Outside the home where Robinson died, clergy, activists, friends and neighbors huddled around cellphones live-streaming the news conference. Reaction was subdued once they learned no charges would be filed against the officer.
"I'm not surprised. I could tell what the verdict was with all the evidence he (Ozanne) was releasing," said Corinda Rainey-Moore. "Unfortunately I think it (the decision) is going to send the message that young African-American men are invisible, that they don't matter, that they can be shot seven times and it won't matter."
Bishop Harold Rayford of the African-American Council on Churches said: "My heart is broken right now for the Robinson family. I'm appreciative of the thorough comments the DA gave; it answered some of my questions. But I really wish things had been handled differently by the officer."
Maria Hamilton, whose son Dontre Hamilton was fatally shot by a Milwaukee police officer, went to Madison on Tuesday to be with Robinson's family.
Robinson's mother had traveled to Washington, D.C., last weekend with Hamilton and other mothers whose children died in police confrontations or vigilante violence. They marched as Mothers For Justice, a group that Hamilton founded as a way to channel her grief over her son's death.
"I just encourage her," Hamilton said Tuesday, adding she had advised Irwin to "take her time and don't be anxious because this is only the beginning."
A solidarity rally in support of Robinson is planned for 5:30 p.m. Wednesday at Red Arrow Park, where Hamilton's son was killed.
"We want to keep her and her family lifted up in this time of need," Hamilton said.
Andrew Hahn, Jason Stein and Meg Jones in Madison and Ashley Luthern in Milwaukee contributed to this report.
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