Case dismissed against Brown Deer officer charged in shooting of unarmed man

MILWAUKEE -- The court case against the Brown Deer police officer who shot an unarmed man in the back was officially dismissed on Monday, April 9. Devon Kraemer's trial ended on Feb. 28 without a verdict -- and she will not be retried.

Facing a hung jury, the judge at that time declared a mistrial. The jury could not agree on whether Kraemer is guilty of aggravated battery. That was the charge after the March 2016 shooting in which Kraemer shot an unarmed Manual Burnley Jr.  in the back during an attempted arrest.

Burnley had caused a scene on a Milwaukee County Transit System bus, cussing out the driver over a fare dispute then refusing to cooperate with the police who told him to leave.

Devon Kraemer

Burnley, who did not have a weapon, is now missing part of his lung.

Manuel Burnley

After filing charges, prosecutors say they do not feel they could get a different outcome with a new jury.

What's we're still hearing from the jury the message we're not meeting our burden of proof," said Chief Deputy District Attorney Kent Lovern.

Affecting their decision, FOX6 News has learned behind closed doors in the trial, a majority of the jury sided with the officer.

"We're disappointed. My client is certainly disappointed. He feels justice didn't occur for him," said Jonathan Safran, Burnley's attorney.

Bus dispute with Manuel Burnley

Bus dispute with Manuel Burnley

Burnley's attorney says, they are not done fighting.

Burnley has asked federal authorities to review the case. A civil lawsuit is also likely.

"He feels that she should be charged and convicted and he feels if someone else had shot someone else in the back that they would be charged and convicted," said Safran.

Kraemer has been on administrated leave since the shooting. The Brown Deer Police Department tells FOX6 News once the case is officially dismissed, they will conduct an internal investigation to determine whether Kraemer will return to work.