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The Badger Herald

Independent Student Newspaper Since 1969

The Badger Herald

Independent Student Newspaper Since 1969

The Badger Herald

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MPD suspects shooter hallucinated

[media-credit name=’RAY PFEIFFER/Herald photo’ align=’alignnone’ width=’648′]willy-st_rp[/media-credit]Madison police continue to investigate Wednesday's shooting on Williamson Street, where a disturbance resulted in a dead suspect, two injured officers and an injured bystander.

The Madison Police Department held a press conference Thursday to release further details about the shooting at the BP gas station located on the 1100 block of Williamson Street, and included a suggestion that the suspect, 45-year-old Victor Montero-Diaz, may have been in an unstable mental state.

"The investigation at this point leads us to believe that Montero-Diaz was suffering from hallucinations or delusions just prior to the incident," Madison Police Chief Noble Wray remarked. "A number of interviews have taken place and will continue with both witnesses in the incident and those who knew the deceased."

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Wray spent most of yesterday's press conference revealing details of the events that occurred prior to the shooting.

According to Wray, Montero-Diaz locked himself in the gas station's bathroom and then called 911, claiming people were "trying to kidnap him."

Officer Kip Kellogg, 47, and Officer Kirby Harless, 54, arrived at the BP station around 8:10 a.m. and tried to get the suspect to open the bathroom door.

When Montero-Diaz refused, Kellogg and Harless obtained a key to the bathroom and unlocked the door.

"Montero-Diaz came out of the bathroom and rushed the officers, who were in full military uniform," Wray noted.

Kellogg deployed a taser, but Wray said it had "no effect" on the suspect, who continued to advance.

Officers then noticed Montero-Diaz was carrying a steak knife, Wray said.

The suspect allegedly physically attacked the two officers, giving Harless "serious" bite wounds and stabbing Kellogg in the right bicep.

Wray also elaborated on the seriousness of Kellogg's wounds.

"Looking at Officer Kellogg's wounds, I think we're talking inches away [from the heart]," Wray said. "We probably would be talking about not only a deceased suspect here, but we could be very well be talking about a deceased officer."

As officers could not restrain Montero-Diaz's behavior, Kellogg drew a gun and fired three rounds at the suspect.

At that moment, a patron of the gas station approached the scene in an attempt to offer assistance and was hit directly or by a ricochet of one of the rounds, Wray said.

Kellogg and Harless tried to render immediate first aid to Montero-Diaz after firing the rounds, but the suspect was pronounced dead at the scene.

Both officers were brought to Meriter Hospital for treatment; Harless was released Wednesday and Kellogg was released yesterday afternoon.

The bystander was taken to the University of Wisconsin hospital Wednesday and was released the same day.

Dane County Coroner John Stanley, who performed a two-hour autopsy on the suspect, said while three rounds were fired, Montero-Diaz died from only one fatal gunshot wound.

The other two shots did not produce life-threatening or serious injuries, Stanley said.

Stanley also added the coroner's office is in the process of contacting Montero-Diaz's family, who reside in Europe.

Wray spoke on the justifications of using deadly force in the altercation, especially at the suspect's chest.

"The objective is to stop the behavior," Wray said. "It's very difficult to say, 'Can you put your arm here so I can shoot it?' … It's very difficult under a dynamic changing struggle."

Dane County District Attorney Brian Blanchard also spoke on the matters of bringing any possible criminal charges against the people involved.

After extensively reviewing the case, watching a surveillance tape of the activity inside the gas station and talking to various witnesses, Blanchard said there is "no potential" to bring up charges against the officers.

But Wray reiterated that investigations are still ongoing, as police continue to interview witnesses and those who knew Montero-Diaz.

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