(WTAQ-WLUK) — No criminal charges will be filed against a Shawano County deputy who fatally shot a man who was armed with a pellet gun.
Shawano County District Attorney Gregory Parker issued his decision Thursday regarding the death of Jonathan L. Lupe, Sr., which occurred on March 10, 2026 in the town of Green Valley.
Officials say deputies were called to an apartment in the 2300 block of Highway 22 for a disturbance.
When deputies arrived, they found 38-year-old Lupe, Sr. locked inside a bathroom.
Lupe, Sr. refused to get out and announced he had a gun. Deputies tried less lethal force, investigators said, but that was ineffective. Officials say Lupe, Sr. moved toward officers, holding what the officers believed to be a gun.
Shawano County deputy Cole Vande Hei, with four and a half years of law enforcement experience, fired his weapon and struck Lupe, Sr.
According to court documents:
After entering the apartment, they identified that Lupe was locked within a bathroom. Members of the SHSO breeched the door to the bathroom. Upon doing so, they noted Lupe was clothed sitting on the toilet, concealing his right hand and arm beneath his T-shirt. Lupe told law enforcement that he had a gun. Deputies began giving Lupe verbal commands. Lupe did not follow commands and one (1) SHSO Deputy deployed an Electronic Control Device (ECD). The ECD deployment was unsuccessful, and Lupe began exiting the bathroom as law enforcement remained inside the apartment giving verbal commands. Lupe continued to not follow verbal commands given by SHSO. During the interaction with Lupe, one (1) SHSO Deputy discharged one (1) .45 caliber round from their duty handgun. Lupe was struck by the round and later died after Deputies rendered medical aid.
Emergency medical services crews were called and life-saving measures were attempted at the scene. Lupe, Sr. was taken to the hospital, where he was pronounced dead.
No one else was injured during the incident.
During the investigation, DCI collected and determined Lupe, Sr. was in possession of a 177 caliber Crosman Pellet Gun, model 357.
