A Dane County judge halted a city commission from acting on a citizens’ complaint against Madison police officer Stephen Heimsness, who fatally shot Madison resident Paul Heenan last year.

Local residents Amelia and Nathan Royko Maurer, Heenan’s roommates at the time of his death, filed a complaint with the city’s Police and Fire Commission earlier this year in effort to further investigate the officer-involved shooting.

Dane County Circuit Judge John Albert, however, prevented the complaint from being addressed by the commission, which supervises those who are hired and holds hearings for disciplinary matters. Albert ruled it is not within the commission’s jurisdiction to hear the complaint.

Heimsness shot and killed Heenan in November 2012 while he was responding to a burglary in progress call, according to a Madison Police Department report.  He was subsequently cleared of wrongdoing by an internal investigation conducted by MPD.

According to a statement released after the investigation by MPD Chief Noble Wray, Heimsness pulled his gun out in response to what he thought were dangerous actions by Heenan, which is consistent with MPD policy. The statement said Heenan reached for the officer’s handgun, and Heimsness used deadly force in order to protect himself.

“Unfortunately — ultimately tragically — and for unknown reasons, Mr. Heenan turned on Officer Heimsness, moved to him quickly, and continued not to follow any verbal commands given by the Officer,” Wray said.

MPD, the Wisconsin Department of Justice and the Professional Standards Administrative Review also reviewed the case and determined Heimsness had followed procedure.

Amelia Royko Maurer said in an email to The Badger Herald Albert’s decision implies Wray himself could not have used the commission to hear a complaint and potentially fire Heimsness.

The judge’s decision prevents the commission from fully investigating Heimsness’ actions, she said.

“Judge Albert’s actions suggest that money is above human life, department policy and the PFC’s state-sanctioned power to discover the truth in Heimsness’ actions,” Amelia Royko Maurer said.

She also said if money was a factor in the decision, keeping Heimsness on the payroll until the date of his resignation would not save taxpayers any money.

Nathan Rokyo Maurer said in a statement the process of filing a complaint with PFC was described as a process intended to give people a voice on the actions of police officers, and the decision proved the process was quite the opposite.

“By preventing our complaint, which was found to have merit, from moving through the only process available to citizens who wish to lodge a grievance against a Madison police officer, Judge Albert’s decision will certainly have a chilling effect on anyone else wishing to do the same,” he said.

In light of the decision, Amelia Royko Maurer said they plan to appeal the complaint.