The fatal wound in an officer-involved shooting in Kewaunee County was self-inflicted, the district attorney revealed in a news release Friday.
But District Attorney Andrew Naze said Deputy Aaron Schley was justified in firing three shots at Luis Cardona during the incident.
Cardona, 38, abducted Babette Caraballo at gunpoint from Hansen Foods on Green Bay’s far east side, where she worked, early in the morning of Nov. 19. A few hours later they were tracked to a rural home outside Kewaunee.
According to the report from Naze on Friday, after officers surrounded the car, Cardona shot Caraballo several times. She was able to open the passenger door and collapsed onto the ground.
Schley fired three shots into the car with his M4 rifle but did not strike Cardona, Naze said. Cardona shot himself in the head and died at the scene.
Under Wisconsin law all citizens, including police, may use deadly force to repel a genuine threat of death or great bodily injury, Naze said.
“Although Deputy Schley never struck Mr. Cardona, Deputy Schley was justified in using deadly force to repeal an imminent and brutal attack against Ms. Carabollo perpetrated by Mr. Cardona,” Naze wrote.
Naze said he has concluded that no charges should be filed in the case.
His complete statement:
I have been asked by the Wisconsin Department of Criminal Investigation (DCI) to review Kewaunee County Sheriffs Deputy Aaron Schley’s actions and the use of force in the death of Mr. Luis Cardona. As Kewaunee County District Attorney, I have the responsibility of reviewing all criminal referrals from police agencies in this county and deciding if criminal charges are warranted.
On December 17, 2019 I met with and received the Wisconsin Department of Criminal Investigation’s electronic reports on the officer involved shooting that occurred on November 19, 2019.
Pursuant to Wisconsin State Law, an officer involved shooting must be investigated by an outside agency to determine the facts in such cases. I would like acknowledge the Wisconsin Department of Criminal Investigation for their hard work in investigating this incident.
This was a great tragedy. My thoughts and prayers go out to the families affected in this difficult and sorrowful time.
In the morning hours of November 19, 2019, Luis Cardona kidnapped Babette Carabello by force from her place of employment in Green Bay. Mr. Cardona drove Ms. Carabello to the ATV park in Kewaunee County. With the assistance of the Green Bay Police Department, Kewaunee County Sheriffs Deputies were able to track and pursue Mr. Cardona’s vehicle to the park.
The Kewaunee County Sheriffs Department, along with the Kewaunee County SWAT team were able to take up a position around Mr. Cardona’s vehicle, a Nissan Pathfinder.
While stopped and seated in the driver’s seat, Mr. Cardona fired a .45 caliber handgun at Ms. Carabollo. Ms. Carabollo was struck several times by those rounds, while seated in the front passenger seat. After being struck, Ms. Carabollo managed to open the door, collapsing to the ground. Mr. Cardona then fatally shot himself in the head.
As shots were fired by Mr. Cardona in the vehicle, SWAT Officer Aaron Schley fired upon the Pathfinder with his M4 rifle. Deputy Schley struck the vehicle 3 times, but did not strike Mr. Cardona.
Both Ms. Carabollo and Mr. Cardona received aid from first responders, with Mr. Cardona succumbing to his self-inflicted gunshot wound on scene. Ms. Carabollo was transported to a local hospital for treatment.
Under Wisconsin law, all citizens, including police, may use deadly force to repel a genuine threat of death or great bodily injury.
In reviewing the facts contained in the DCI report and analyzing the applicable law, I am of the opinion that Deputy Schley was justified in firing his rifle at Mr. Cardona.
Before firing a shot, Kewaunee County Deputies were notified that Mr. Cardona had taken Ms. Carabollo hostage and was considered armed and dangerous.
Deputy Schley fired his M4 rifle into Mr. Cardona’s vehicle, only after hearing gunshots from inside vehicle. Faced with the suspect’s deadly force against his passenger, Deputy Schley fired 3 rounds in anticipation of stopping the violent attack.
Unbeknownst to Deputy Schley, one of rounds fired by Mr. Cardona inside the vehicle resulted in a self-inflicted gunshot wound.
Although Deputy Schley never struck Mr. Cardona, Deputy Schley was justified in using deadly force to repeal an immanent and brutal attack against Ms. Carabollo perpetrated by Mr. Cardona.
In conclusion, the Kewaunee County District Attorney Office will not be filing charges against Deputy Schley in the above-referenced matter.
Although there were many brave deputies assisting on scene, the actions taken by Deputy Schley were designed to save a life. Although Deputy Schley did not strike Mr. Cardona, he acted quickly with the purpose to stop Mr. Cardona’s violent attack. His quick-thinking is to be commended.
Ms. Carabollo’ s very serious injuries, the SWAT team’s immediate and specialized attention of Ms. Carabollo was instrumental in her care.