Madison Police Chief Noble Wray shed new light on Wednesday morning's fatal east-side gas station shooting at a press conference Thursday.
Wray, who appeared alongside Dane County District Attorney Brian Blanchard, said police did nothing wrong when they shot Victor Montero Diaz at the east-side BP station, 1130 Williamson St.
Wray said Diaz locked himself in a bathroom at 8:09 a.m. and began shouting that people were trying to kidnap him. Officers Kip Kellogg and Kirby Harless arrived at the scene and asked Diaz to come out of the bathroom. When Diaz refused, the officers unlocked the door, only to have Diaz attack them with a steak knife.
After the struggle spilled out of the station, Kellogg used a Taser to subdue Diaz, but it had no effect. Wray said Harless suffered serious bite wounds to both arms, while Kellogg was stabbed in the right bicep.
Finally, Kellogg fired three shots, one hitting Diaz fatally in the chest. Wray said another shot hit a bystander attempting to aid the officers.
According to Wray, Kellogg and Harless attempted life-saving first aid to Diaz, but to no avail. He said the identity of the bystander, who did not suffer life-threatening injuries, would not be released until the end of the investigation.
There are very few professions where you have to use deadly force to stop someone,\ Wray said, ""then in a matter of seconds, with the range of emotions, have to administer first aid.""
District Attorney Blanchard said there was no potential for criminal liability on the part of the officers, and that a BP security videotape matched statements from the police.
He said the officers were struggling with a man who was hysterical and unintelligible, and that police had no choice but to use a gun to subdue him.
""The two officers went through a very traumatic incident,"" Blanchard said.
Coroner John Stanley said he was waiting for toxicology reports to determine if drugs or alcohol were involved in the incident, which police believe to have been the result of Diaz's hallucinations or delusions.
He said police have yet to speak in person with Diaz's parents, who are from Europe. Diaz had lived in Spain, Cuba, and Florida before his death.
""We are working with his family,"" Stanley said, ""His parents are outside the country and are presumed flying in. We will have to explain what happened to him.""\
