Death by Cop 2021-2025
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Daniel Pesavento Maaxianaziga Standing On A Cloud
Age : 33
Gender : Male
Race : Native American
Date : 08/12/2022
Location : 1500 block of N Birchwood Avenue
City : Appleton
County : Outagamie
State : Wisconsin
Agency : Appleton Polie Department
Officer(s) :Bryce Rudebeck, Tony Shuman, Jenkins
Cause of Death : Gunshot
Event : Killed by police during domestic disturbance
OPEN RECORDS SUMMARY :
On 08/12/2022, at approximately 7:22 p.m., Appleton Police Department officers responded to a domestic disturbance at a residence in the 1500 block of North Birchwood Avenue. Officers encountered 29-year-old Daniel Pesavento outside the residence with a handgun. Officers attempted to negotiate with him for several minutes as he remained outside the home with the firearm.
According to the Wisconsin Department of Justice investigation, Officers Bryce Rudebeck and Tony Shuman repeatedly attempted to de-escalate the situation before both officers fired their weapons, striking Pesavento. He was transported to a local hospital, where he died from his injuries. A handgun was recovered at the scene. Police body-camera recordings and witness cellphone video captured portions of the encounter.
The Wisconsin Department of Justice Division of Criminal Investigation conducted the independent investigation and submitted its findings to the Outagamie County District Attorney. On 09/27/2022, District Attorney Melinda Tempelis concluded that the officers' use of deadly force was legally justified under Wisconsin law and declined to file criminal charges. Prosecutors concluded the officers reasonably believed deadly force was necessary after Pesavento moved into what they described as a shooting stance while armed with the handgun.
In 2024, Daniel Pesavento's estate filed a federal wrongful-death and civil rights lawsuit against Officer Bryce Rudebeck and the City of Appleton. The lawsuit alleges Pesavento was experiencing a mental health crisis, that the use of deadly force was unnecessary and excessive, and that Rudebeck falsely described Pesavento's movements before the shooting. The complaint seeks damages for wrongful death and constitutional violations.
Pesavento was a U.S. Army veteran who was honorably discharged. His obituary states he was survived by his wife, daughter, parents, siblings, and extended family.
