District attorney: 'No charges will be filed against Sergeant Giese' in fatal shooting of Ty'Rese West

RACINE COUNTY -- More than three months after Ty'Rese West, 18, was shot and killed by Mount Pleasant Police Sgt. Eric Giese, Racine County District Attorney Patricia Hanson on Wednesday, Sept. 18 announced no charges would be filed against Giese. West's family said their fight isn't over.

DA Hanson determined that "Sergeant Giese's actions in this case fall under the privilege of self-defense," and as such, "no charges will be filed against Sergeant Giese in this case," Racine police, who led this investigation, said in a statement.

"I want a thorough investigation done, and also to see Eric Giese locked up," said Dwight Person, West's father.

Hanson laid out the events and evidence from June 15 in a 23-page report, explaining why she came to the decision she did.

FOX6 News spoke with West's mother Wednesday as she awaited the decision.  She said her heart was filled with sadness, and her mind was filled with doubt.

"Scared. Numb," said West. "I just -- I just want to hear what she is going to tell me."

On June 15, just after 1:30 a.m., near 24th Street and Racine Street, West was shot and killed by Mount Pleasant Police Sergeant Eric Giese.

Officials with the Wisconsin Department of Justice said Giese was attempting to stop West, who was on a bicycle. Giese pursued West on foot, and observed he was armed with a gun.

"We have a bicyclist on the curb of Highway 32, coming up to Highway 24, 24th Street," Giese said in dispatch audio released by DA Hanson Wednesday, later telling West to, "Drop the (expletive) gun or I'll shoot you."

The DOJ said various non-lethal methods were used unsuccessfully by Sgt. Giese in “an attempt to address the threat,” including verbal commands and the deployment of electronic control devices. Lethal force was subsequently deployed. Life-saving measures were rendered, but were unsuccessful. A handgun was recovered at the scene, the DOJ said.

Giese called for help moments after the shooting.

"25th and Racine, right at the corner," said Sgt. Giese in dispatch audio released by DA Hanson. "Suspect's down, not breathing."

Hanson released by camera footage from after the shooting. Sgt. Giese told fellow officers what happened.

"I was (expletive) stepping on his (expletive) hand right here, and he (expletive), he kept moving towards it, and he moves past it as he's moving (expletive) back," Giese said. "I told him, I said, 'I'm going to (expletive) shoot you. I'm going to (expletive) shoot you,' and (expletive) listen. He wouldn't (expletive) stay still."

Giese was wearing a body camera on his chest when he fatally shot West -- but he failed to activate it, Hanson said in the report. It was not working during any portion of the incident -- and Mount Pleasant PD policy does not require it to be activated for every encounter.

Hanson said she ultimately decided the deadly use of force was justified, saying the case fell "under self-defense," noting West had a gun and "continued to reach for the weapon," despite commands not to. Photos of the gun were released, along with other evidence in Hanson's report. She called Giese's decision to shoot "legal and ethical."

"I know it's not going to be what I want to hear," said Monique West ahead of the announcement. "I feel that in my heart already. There is no way possible you can justify two gunshot wounds to the head."

West said her son did not have a gun.

"They will try to justify anything to cover their butts," said West.

Concerns about how the district attorney's decision would impact the community were already being felt by groups like the Racine Interfaith Coalition. Leaders called on the community to observe a moment of silence at noon Wednesday to pray for West's family.

"You took my son from me," said West. "My family. His siblings."

Racine police led the investigation into this officer-involved shooting. FOX6 News was told a written statement would be posted on their website after the announcement was made.

The attorney for the West family issued this statement Wednesday:

Racine Mayor Cory Mason issued this statement ahead of the announcement:

Mount Pleasant Police Chief Matthew Soens issued this statement: