Fond du Lac County Sheriff’s Sergeant cleared of wrong doing in shooting death of armed suspect

A Fond du Lac County Sheriff’s Sergeant has been cleared of any wrong doing in the shooting death of a man in February of this year.

On Tuesday, April 22, 2025, Fond du Lac County District Attorney Eric Toney announced that the use of force by the officer was lawful in the February 24, 2025 shooting that led to the death of Jesus Mendez Berry.

An investigation reflected that Berry had had a .474 BAC and the presence of cocaine in his blood. Berry had been expressing suicidal ideations through “suicide-by-cop” comments on at least two occasions, including the day of the incident. He was observed by a citizen moments before the shooting to be carrying what she thought was a handgun and she called 911 to report it.

Once on scene, Sergeant Andrew Kohlmann was aware Berry, may be armed, had recently threatened law enforcement, and that he may attempt “suicide-by-cop.” Therefore, Sergeant Kohlmann reasonably believed that there was an imminent unlawful interference with himself and other deputies when Berry ignored at least 10 directives to show his hands while he continued to hide his right hand behind his back. After a less lethal option was deployed, deputies observed Berry with a gun.

Toney states he concluded that the force used by Sergeant Kohlmann in firing four rounds at Berry was necessary to prevent imminent death or great bodily harm to himself or other deputies. As such, Sergeant Kohlmann was granted privilege under Wisconsin law to use deadly force in self-defense and defense of others.

While the gun was later determined to be a bb gun, Officers had no way of knowing this as it had the appearance of a higher caliber pistol.