Death by Cop  2021-2025

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David Wayne Marshall Jr.

Age : 31

Gender : Male

Race : White

Date : 09/03/2021

Location : S 27th Street and W Sycamore Avenue

City : Franklin

County : Milwaukee

State : Wisconsin

Agency : Milwaukee County Sheriff's Office, Franklin Police Department, Oak Creek Police Department

Officer(s) :Not Disclosed

Cause of Death : Gunshot

Event : Killed by police following carjackings

OPEN RECORDS SUMMARY :

On 09/03/2021, 31-year-old David Wayne Marshall Jr. was shot and killed by officers and deputies from the Oak Creek Police Department, Franklin Police Department and Milwaukee County Sheriff’s Office after multiple carjackings, a kidnapping and high-speed police pursuits ending near South 27th Street and West Sycamore Avenue.

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The subsequent 685-page investigative report established that the events began hours earlier. Police alleged Marshall first fired at a man in a vehicle near South 1st Street and West National Avenue. At approximately 5 a.m., he allegedly carjacked a Cadillac Escalade near North 17th Street and West North Avenue, and at approximately 6:20 a.m. abandoned it and carjacked another vehicle near South 21st Street and West National Avenue.

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At approximately 7 a.m., police alleged Marshall kidnapped a man at gunpoint in an alley near South 26th and West Mitchell streets. The man was forced to drive Marshall to two Walmart stores and a gas station. The victim repeatedly tried to alert employees that he had been kidnapped and eventually escaped at the Franklin Walmart in the 6700 block of South 27th Street.

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Police converged on the Walmart. Marshall left in another stolen vehicle and police pursued him south on Interstate 94 at speeds exceeding 110 mph. He exited at West Elm Road and continued north on South 27th Street.

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Marshall crashed near South 27th Street and West Ryan Road. Cellphone video showed him running across the roadway carrying a firearm. Police said he then carjacked another driver at gunpoint and continued north before crashing again near South 27th Street and West Sycamore Avenue.

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Police alleged Marshall emerged from the crashed vehicle armed with a rifle and ignored commands to drop it. Investigators reported that he pointed the weapon toward officers twice.

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Eight law-enforcement officers ultimately fired at Marshall. The investigative report documented 44 police shots. Marshall was struck 11 times and died at the scene. A firearm was recovered.

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Contemporary police statements initially reported nine officers firing—four Oak Creek officers, four Milwaukee County sheriff’s deputies and one Franklin officer. The completed investigation subsequently reported that eight officers fired.

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West Allis Police Department led the Milwaukee Area Investigative Team investigation. Investigators reviewed extensive video and other evidence and produced a 685-page report. Video documenting portions of the carjackings, pursuit and final police confrontation was subsequently released.

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Marshall’s family told investigators that he had longstanding serious mental-health problems and had been diagnosed with bipolar disorder and schizophrenia while incarcerated. Family members said he had recently been behaving abnormally, was suicidal and had previously talked about dying in a “blaze of glory.” His family publicly said they believed his mental-health problems were central to his actions that morning.

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On 02/10/2022, the Milwaukee County District Attorney’s Office ruled the fatal shooting justified. Chief Deputy District Attorney Kent Lovern concluded that the officers reasonably used deadly force after Marshall remained armed and continued his conduct despite being pursued and surrounded by police. No officer was criminally charged.

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OFFICER BACKGROUND:

The eight officers and deputies who fired the fatal shots were not individually named in the publicly accessible reporting located for this update. The shooting involved personnel from the Oak Creek Police Department, Franklin Police Department and Milwaukee County Sheriff’s Office.

SOURCE LINKS :

https://www.tmj4.com/news/local-news/one-man-dead-large-police-presence-near-franklin-walmart

https://www.tmj4.com/news/local-news/new-details-on-gunman-shot-40-times-killed-by-police-after-walmart-kidnapping-carjackings-in-franklin

https://www.wisn.com/article/crime-spree-carjackings-kidnapping-police-shooting/39039986

https://www.wisn.com/article/carjackings-kidnapping-police-shooting-new-video-of-crime-spree/39080272

https://www.fox6now.com/news/oak-creek-police-shooting-justified-district-attorney

https://www.cbs58.com/news/he-had-a-lot-of-mental-issues-family-of-man-killed-in-officer-involved-shooting-in-franklin-oak-creek-speaks-out