FOND DU LAC, Wis. (WFRV) – The Fond du Lac County Sheriff’s Sergeant who shot a suspect in February that led to his death at a hospital, was deemed to have lawfully used force in the incident.
Fond du Lac County District Attorney Eric J. Toney announced the decision that Sergeant Andrew Kohlman were lawful in his actions. The incident occurred on February 24, 2025, when Jesus Mendez Berry called the Sheriff’s Office wishing to surrender himself to a felony arrest warrant.
A citizen’s report to authorities reported that a person matching the description of Mendez Berry said he may be armed. Further investigation following the incident revealed that at the time of the incident, Mendez Berry had a blood alcohol content of .474 with cocaine in his blood.
According to District Attorney Toney, Mendez Berry had threatened officers before, and was aware he may be armed. He also added that Sgt. Kohlmann handled it as well as possible given the situation.
“Sergeant Kohlmann should be commended for ensuring a less lethal option was available to the arrest team,” District Attorney Toney said via a release. “The less lethal option was the first option utilized, but was ineffective.”
Mendez Berry was at the time of contact, holding what appeared to be a gun, and was later deemed a BB/pellet gun; however, he refused multiple commands to show his hands and drop the weapon. The decision led to officers deeming the circumstances necessary to use force.
“Sgt. Kohlmann should be commended for ensuring a less lethal option was available to the arrest team,” District Attorney Toney said. “The less lethal option was the first option utilized, but was ineffective.”
Mendez Berry was seen holding what appeared to be a gun, later determined to be a BB/pellet gun, and had refused at least 10 commands to show his hands, continuing to hide his right hand.
“Upon seeing the weapon, Sgt. Kohlmann was justified in his use of lethal force, based on the totality of circumstances, to protect himself and other deputies from the reasonable threat of death or great bodily harm,” District Attorney Toney said via the release.
The release concluded with District Attorney Toney confirming that Sgt. Kohlmann was “privileged under Wisconsin law to use deadly force in self-defense and defense of others.”
No additional details are available.
