Wisconsin News
No charges filed against Superior officer who shot and killed a man
The Douglas County District Attorney will not file charges against a Superior police officer who shot and killed a man in April.
On April 7, Superior Police Officer Ibrahim Carson shot David Donald Ducado Menton, 42, during a physical altercation outside an apartment complex in Superior. Investigators with the state’s Division of Criminal Investigation, part of the Wisconsin Department of Justice, led the probe into shooting.
In a final report on the incident, Douglas County District Attorney Mark Fruehauf said the state would have to prove beyond a reasonable doubt that Carson hadn’t acted in lawful self-defense.
“The evidence in this case supports the conclusion that Officer Carson was lawfully entitled to use deadly force to defend himself at the moment he used such force,” Fruehauf wrote. “The evidence does not support the filing of criminal charges against Officer Carson.”
At the time of the incident, Carson had been searching for another wanted individual, Robert Sloan, who was suspected of theft. The Superior officer located Sloan, Menton and Autumn Khalar around 9:45 p.m.
When Carson arrived, Menton and Khalar began walking from a vehicle toward the apartment complex. The Superior officer told the two to stop, but Menton continued toward the building. Carson pursued Menton, and the two ended up struggling on the ground. Carson repeatedly told the man to “stop resisting” before the officer shot Menton in the back of the head.
The report states Menton said what sounded like “I’m not gonna shoot” about six to seven seconds before Carson fired. The entire altercation lasted roughly 30 seconds.
The report states that a 9 millimeter handgun was located next to Menton’s body at the scene. During the struggle, Carson said he could see the pistol on the left side of the man’s body, and he believed that Menton had control of the gun and was going to kill him. A witness reportedly told investigators that Menton, a convicted felon, was known to carry firearms. Toxicology results showed Menton also had methamphetamine in his system.
The district attorney reviewed interviews with the officer, numerous witnesses, photographic evidence and audio and video footage that include Carson’s body camera footage. Fruehauf also consulted with use-of-force expert Gerald Katchka. The former DCI investigator found the use of deadly force was justified.
Family and friends of the man have protested the shooting death of Menton. Vicky Menton, of Solon Springs, interrupted a May press conference held by Superior police and called for justice.
“He was shot in the back of his head. He was down on the ground,” Menton said in May. “This is my son. He is a very loving, kind human being. He doesn’t deserve to die that way.”
Superior Police Chief Paul Winterscheidt said in a news release that his department conducted its own review on Carson’s use of force, which included an officer from an outside agency. A review board of Superior officers, supervisors and instructors in defense and arrest tactics found Carson’s actions were consistent with the department’s policy.
“This incident resulted in the loss of a life and has had a profound impact on Mr. Menton’s family, Officer Carson, members of the Superior Police Department and the broader community,” Winterscheidt said. “As this process concludes, the Superior Police Department extends its sympathy to Mr. Menton’s family and recognizes the lasting impact this tragedy has had on everyone involved.”
In his final report, Fruehauf said his decision doesn’t make any conclusions about a potential civil lawsuit for monetary damages.
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