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RACINE — Seven Racine Police Department officers and one officer from Mount Pleasant have been cleared of any wrongdoing in a fatal shooting that occurred in May.

The Department of Justice – Division of Criminal Investigation conducted an independent investigation into the shooting of Timothy Burgess, 38, on May 21 by local law enforcement officers.

Racine District Attorney Patricia Hanson reviewed the conclusions and determined there would be no criminal charges stemming from the fatal shooting.

The RPD announced the decision in a written statement released Monday.

Fatal shooting case history

Mount Pleasant Police Department officers were initially dispatched shortly after 10 p.m. to the home of Burgess on the report of shots being fired during a potential domestic disturbance.

According to the statement released by the RPD, a child in the home called 911 after Burgess pointed a firearm in the area where his wife was located and discharged it multiple times. However, she was not injured.

Burgess fled in a green Range Rover. A description of the vehicle was broadcast by dispatch along with the fact that Burgess was believed to be armed.

Shortly before midnight, the vehicle was spotted by an RPD officer, who attempted unsuccessfully to stop the vehicle. Burgess did eventually pull over, but he jumped out of the vehicle and fled the area on foot towards Clayton Park, 1801 Clayton Ave.

The officer gave chase and was later informed by people who observed the suspect running that he was armed with a gun. They confirmed Burgess was running in the direction of Clayton Park.

Officers quickly put up a drone in an attempt to find Burgess in the park. A K9 unit was also brought in to help search the park.

Burgess was ultimately located. According to the RPD statement, he was given multiple commands to come out of the location where he was hiding, but he did not.

Officers devised and implemented a plan for apprehending Burgess. However, as the arrest team approached the place where Burgess was hiding, he allegedly began shooting at officers. The eight officers fired back. Burgess was shot and killed.

fatal shooting at Clayton Park
Members of the Wisconsin Department of Justice Division of Criminal Investigation look for evidence at the scene of the fatal shooting of a person shot and killed by Racine police early Monday May 22, 2023. / Mark Hertzberg – Special to Racine County Eye

Per protocol, the RPD will now conduct an internal review to ensure policies and procedures were followed during the response.

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