*Author’s note* This story mentions suicide. If you or anybody you know is in crisis and struggling, please call, text or chat online using the 988 Lifeline.
DE PERE, Wis. (WFRV) – About seven and a half weeks after an armed man was shot and killed by police in De Pere, the Wisconsin Department of Justice says it is not filing charges against the officers involved.
According to a release, Assistant District Attorney J Foss Davis revealed that he was assigned by Brown County District Attorney David Lassee to review and analyze the incident, which left Scott McDonald dead at the Perkofski Boat Launch in De Pere.
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Six officers were placed on leave per standard policy, and they are as follows:
- Ashwaubenon Department of Public Safety
- Officer Andrew Wickman – Three years of service
- Officer Daryl Booth – Five years of service
- Officer Alek Pearson – Less than a year of service
- De Pere Police Department
- Officer Kyle Phillips – Four years of service
- Officer Ryan McShane – Eight years of service
- Sergeant Matthew Magno – 20 years of service
The incident occurred on July 26, 2025, at around 1 a.m., when officers were alerted to the scene of a man, later identified as 44-year-old Scott McDonald, armed with a rifle at the Perkofski Boat Launch in De Pere.
Officers reportedly tried to negotiate with McDonald before he raised the rifle, prompting officers to fire at him. McDonald was pronounced dead following life-saving measures.
The investigation and materials reviewed by the Brown County District Attorney’s Office stated that McDonald’s wife had called dispatchers to inform them that he had been expressing thoughts of suicide and was armed with a rifle, likely at the boat launch.
Officers made contact with him. McDonald became aggressive and demanded that officers get back, and reportedly fired his rifle into the air, which prompted a request for additional officers.
McDonald reportedly made hostile comments such as ‘be ready,’ which officers believed to be directed at them, and he raised his rifle towards a building with officers inside, prompting the officers to fire at him.
A toxicology report of McDonald’s blood alcohol concentration revealed it was at about .609g/ML when he died. The investigation and legal analysis provided by the District Attorney’s Office concluded with the following:
“Law enforcement officers have a difficult job and often have to make difficult, split-second decisions—sometimes with deadly results. It is appropriate to investigate, review, and legally analyze the decisions and actions of the six officers who fired upon McDonald and caused his death. I believe the investigation to be complete, and I believe I have fully reviewed and analyzed the officers’ actions. On July 26, 2025, ScottMcDonald made a series of suicidal ideations to his wife before arming himself with a deadly weapon, which he publicly brandished. Both of these actions prompted a response from the DPPD. When DPPD officers made contact with McDonald, McDonald escalated the situation by refusing to comply with officer demands, making suicidal and threatening comments, and firing his weapon, which prompted a more substantial law enforcement response from DPPD and other agencies. Despite multiple attempts to get McDonald to disarm, McDonald began to point his rifle at law enforcement officers, prompting six officers from the DPPD and ADSP to shoot at and kill McDonald.
While I am unable to see into the mind of McDonald at the time he threatened the officers with his rifle, an analysis of his conduct and communication before and during the standoff suggests he was determined to die and used officers from the DPPD and ADPS to effectuate his suicide.
Any time deadly force is deployed by law enforcement officers, it is a tragic and unfortunate situation. However, it can be justified and legally privileged. The circumstances of this case permitted the use of deadly force.McDonald’s death, although tragic, was the direct result of McDonald’s actions, which prompted the officers to use deadly force, which was legally justified and not a criminal act. Therefore, my office will not be pursuing criminal charges against any of the responding officers.”
The full report can be read in the file viewer below.
