The Winnebago County District Attorney’s Office has determined that an officer’s use of force was justified during the officer-involved shooting in late June.

According to an Oshkosh Police Department (OPD) press release, at the time of the call at about 6:18 a.m. June 29, officers received information that there was an intoxicated male walking around carrying a loaded rifle. Officers located the male carrying a rifle in his hands near the Mill Street boat launch, which is surrounded by a business with employees inside, a nursing home and numerous homes.

OPD officers began talking with the subject in an attempt to de-escalate the situation and to try to get the male to put down the rifle, but he refused. Officers then attempted to use less lethal rounds, but the subject continued to hold the rifle, eventually raising it and pointing it at officers. At that point, an officer fired his duty-issued rifle, striking the subject one time.

The Oshkosh Police Department requested the Winnebago County Sheriff’s Office conduct an independent investigation into the shooting. The Sheriff’s Office completed their investigation and submitted their report to the Winnebago County District Attorney’s Office, which then reviewed the investigation and evidence involved.

Winnebago County District Attorney Eric Sparr said he found that the suspect presented a significant risk to the life and safety of the officer and put the officer in fear of imminent death or great bodily harm. Thus, Sparr said the officer’s use of force was justified.

In addition, Sparr said officers showed commendable restraint by making extensive efforts to communicate with the suspect, and
even after that proved fruitless, utilized less lethal rounds. He added that the officers handled the situation in a manner consistent with law
enforcement training, and with what citizens would expect, after being put in a very difficult situation by an individual.

On July 5, 2023, the District Attorney’s Office charged Benson Thao, 34, with first degree recklessly endangering safety. Due to victim rights obligations, the name of the officer involved is not being released at this time.