ONEIDA COUNTY – The Oneida County District Attorney’s Office has concluded that a sheriff’s deputy was justified in using lethal force during a June 17 confrontation in the Town of Lake Tomahawk that left a Lumen Lake Drive resident dead.
In a written decision released over the weekend, District Attorney Jillian Pfeifer said she found that Deputy Justin Orth was justified in fatally shooting 76-year-old John A. Krga after Krga produced and fired a handgun while deputies attempted to arrest him.
The Oneida County Sheriff’s Office had requested an outside investigation from the Wisconsin Department of Justice’s Division of Criminal Investigation (DCI), as required under Wis. Stat. § 175.47 when a law enforcement officer is involved in a death.
DCI turned its findings over to Pfeifer’s office for review, as the statute requires.
The Sheriff’s Office first disclosed the incident the evening of June 17, in a press release issued just before 6 p.m. That release said two deputies had arrived in the 5000 block of Lumen Lake Drive at approximately 10:30 a.m. to arrest a subject in connection with a felony investigation, and that the subject “produced and discharged a firearm” upon contact with law enforcement.
One deputy returned fire, striking the subject, who was pronounced dead at the scene.
The release said no law enforcement officers or members of the public were injured, and that there was no known threat to the public.
That initial release did not name the deceased or the deputies involved, and said both officers would be placed on administrative assignment per agency policy. It listed DCI as the lead investigating agency, assisted by a DCI Crime Response Specialist, the Newbold Fire Department, the state Department of Natural Resources and police departments from Minocqua, Woodruff and Rhinelander, along with the Marathon County Sheriff’s Office.
According to Pfeifer’s decision, Deputy Orth and Deputy Alyssa Knabenbauer arrived at the Lumen Lake Drive residence at approximately 10:30 a.m. on June 17 to arrest Krga on allegations of sexual assault of a child. As the deputies approached, Knabenbauer reported seeing a sign on the residence depicting a figure with illustrated bullet holes in the head and heart, which led her to believe Krga might have firearms inside. She relayed that concern to Orth.
Deputy Orth knocked, and Krga answered through the interior door. Speaking through the exterior storm door, Orth confirmed Krga’s identity and asked him to step outside. When Krga asked if he was being arrested, Orth said yes.
As Krga began opening the storm door, Knabenbauer said he appeared “uneasy” and began stepping back inside. Both deputies then moved to grab his wrists, and the three ended up on the front porch, where Krga continued to resist, according to the decision.
Deputies then attempted to bring Krga to the ground. During that struggle, Orth said he saw Krga holding a black firearm and yelled “gun.” Both deputies say they gave repeated commands for Krga to drop the weapon. Knabenbauer fell off the porch during the struggle; Orth ended up pinning Krga against the exterior wall of the residence.
Knabenbauer drew her weapon but did not fire, citing concerns she could strike Orth given his proximity to Krga. During the struggle, Krga fired his gun in what the decision describes as “an undetermined direction.” Orth then fired multiple rounds at Krga while backing away.
After the shooting, Knabenbauer radioed dispatch and requested EMS. She also retrieved Krga’s handgun and moved it out of reach. Both deputies retreated to cover and gave commands for Krga to show his hands, but received no response. Krga was declared dead at the scene. An autopsy determined the cause of death was multiple gunshot wounds.
Pfeifer wrote that, “under the totality of the circumstances,” Orth was justified in using lethal force, citing the deputies’ repeated commands to stop resisting and drop the firearm, and Krga’s decision to fire his weapon.
Records associated with the investigations are available to the public at www.www.wisdoj.gov/Pages/AboutUs/officer-involved-critical-incidents.aspx.
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