APPLETON (WLUK) — Henry Nellum was sentenced Monday to 16 1/2 years in prison for instigating the fight at a bar which ended with a police officer shooting an innocent bystander.
Nellum, 36, was convicted of five counts. Oconto County Judge Jay Conley sentenced him to five years in prison for being a felon in possession of a firearm, and 11 years, six months in prison for felony murder (battery). Sentences for recklessly endangering safety, carrying a concealed weapon, and using a firearm while intoxicated will be served concurrently to the 16 1/2 years for the other counts.
He was also placed on extended supervision for 12 1/2 years after the prison term.
Nellum started a disturbance at Jack’s Apple Pub in May 2017. He fired a gun at Leander Moffitt during the fight. In the police response, Appleton Police Lt. Jay Steinke shot and killed a bystander, Jimmie Sanders, who was not involved in the fight. Lt. Steinke was cleared of any wrongdoing.
Nellum was charged with felony murder for Sanders’ death. Under Wisconsin law, because Nellum initiated the sequence of events which led to Sanders’ death, Nellum can be charged with Sanders’ death — even though he was not directly responsible for it. A state appeals court rejected Nellum’s effort to challenge the use of the statute in his case.
In July, Sanders’ estate filed a wrongful death civil lawsuit against Steinke.
