New information from the district attorney's office said the Madison man killed last month wore multiple layers of leather, carried a sword, hatchet and knife and ignored numerous officer commands before he was fatally shot by police.
Dane County District Attorney Ismael Ozanne also said Tuesday afternoon that the three officers who shot 43-year-old Brent Brozek outside his home on Rockefeller Lane May 17 after a daylong standoff are not criminally liable.
According to the district attorney's statement, an officer saw Brozek putting on multiple layers of clothing including a long, leather motorcycle riding suit, and another leather jacket just prior to leaving the house to where police were stationed. He was also seen putting on a belt which had a sword handle on it, Ozanne said.
The report said Brozek made a "roar-like" noise just before gunshots were heard. Ozanne said witnesses heard police tell Brozek to put down his weapon and get down multiple times.
"Mr. Brozek is seen on squad video bringing the sheath of the sword up as he moves toward the rear of the marked squad car parked adjacent to him," Ozanne said. "Responding to that threat with deadly force is permitted under the law."
The Madison Police Department previously named the officers who fired as Ryan Finnegan, Ryan Orvis and Scott Templeton.
The DA's office said witness and officer statements and squad video were all consistent.
"The determination by this office that no criminal liability is possible is clearly warranted based on the consistent and extensive evidence that has been assembled since the shooting," the statement said.
The officers involved have been on administrative leave since the shooting,
Madison police spokesman Joel DeSpain said the officers will remain on leave pending an internal review at the department.