No criminal charges against man involved in shooting incident

MILWAUKEE (WITI) -- The Milwaukee County District Attorney will not be issuing criminal charges against a maintenance worker in relation to a shooting incident that happened at an apartment building near 27th and Vliet St. on March 12th.

19-year-old James Bell and 17-year-old Anmarie Miller were shot and killed in the apartment building.

According to a report released by the District Attorney's Office on Wednesday, April 2nd, the maintenance worker went to the apartment building "to change some fire extinguishers." While in the building, the maintenance worker became involved in a "verbal confrontation" with Bell and Miller. "At one point, Bell grabbed (the maintenance worker) from behind and pulled him down onto the stairs." Someone other than Bell and Miller punched the maintenance work at least once -- and then Miller began hitting him with "a small souvenir-type bat." The document says the maintenance worker "gained control of his gun and shot Miller in the chest as she was hitting him with the bat. Seven seconds later, (the maintenance worker) shot Bell in the chest. The evidence indicates that when (the maintenance worker) shot bell, Bell had a choke hold on (the maintenance worker)."

"My client was put in an impossible situation. This is just a classic case of self defense," attorney Dave Geraghty told FOX6 over the phone. "He certainly was in fear for his life, for receiving great bodily harm, which he did -- and he took the only action that he could at that point."

The District Attorney's Office indicates that version of the facts is backed up by cell phone video taken at the scene. Officials say in the report, "These credible facts show the State could not prove that (the maintenance worker) was not using proper force as necessary to terminate what he believed to be an unlawful interference with his person, and he reasonably believed that the force used was necessary to prevent imminent death or great bodily harm to himself." In the end, there will be no charges against the maintenance worker.

Community activist Tory Lowe, who has been in contact with the victims' families in the past, says they deserve to see the cell phone video of the incident.

FOX6 News will not identify the maintenance worker because no charges are being filed.

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