- Associated Press - Saturday, September 19, 2015

MADISON, Wis. (AP) - A homicide suspect who was shot and killed by Green County sheriff’s deputies pointed an empty gun at them, according to a report on the incident by the Wisconsin Division of Criminal Investigation.

Francisco Benitez-Santiago, 25, of Monroe, died after he was shot twice from close range on July 22 by sheriff’s deputies Cody Kanable and John Schuetz.

The Wisconsin State Journal reported (http://bit.ly/1KY2kBW ) that the 550-page report was sent to Green County District Attorney Gary Luhman for review this month. State law requires an outside agency to investigate officer-involved deaths.

Benitez-Santiago was the only suspect in another shooting less than 30 minutes earlier in Monroe that left one man dead and another critically wounded. The report said the deputies fired at Benitez-Santiago because they believed he was about to shoot them.

Schuetz told investigators that he was about an arm’s length away from Kanable when he spotted Benitez-Santiago holding a handgun with both hands looking directly at them from just 5 to 10 feet away. He told investigators that he yelled, “Drop the gun,” but Benitez-Santiago ignored the command and raised the gun “directly chest level” at the deputies. Schuetz fired two rounds from his rifle as Kanable fired his pistol.

The report said that a woman inside a nearby apartment told investigators she looked out a window and watched Benitez-Santiago pull a handgun from his waistband. She said he was proceeding to raise it when she heard several “pops” that she believed were gunshots.

Forensic units that combed the scene found a .22-caliber pistol and magazine that a Monroe officer said Benitez-Santiago had been carrying. The magazine and chamber of the pistol “were noted to be devoid of any fired or unfired bullet/cartridge casings.”

Earlier that night, the report said, Benitez-Santiago killed Samuel Primero Nunez, 40, and injured Elias Perez-Barrios, 35. An ex-girlfriend of Benitez-Santiago said he told her that the two men were part of a group that had recently attacked him and that he was “going to kill them before they killed him.”

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Information from: Wisconsin State Journal, http://www.madison.com/wsj

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