APPLETON, WI (WTAQ-WLUK) – The estate of the man killed by an Appleton police officer during an incident at a downtown bar has filed a federal wrongful death civil lawsuit against that officer.
Lt. Jay Steinke shot and killed Jimmie Sanders at Jack’s Apple Pub on May 21, 2017. There was a fight at the bar, which Sanders was not a part of. During the incident, Steinke fired, striking Sanders. After a review, the district attorney cleared Steinke of any criminal charges.
A photo of Jimmie Sanders. (IMAGE: Courtesy of Fox 11 WLUK)
Henry Nellum, who instigated the fight, was convicted of felony murder and other counts in January. He is scheduled to be sentenced Sept. 21. 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.
Sanders’ estate filed the lawsuit in federal court July 28. Steinke has not filed a formal response; it is due Oct. 13. No hearings have been scheduled.
Among the claims made by Sanders’ estate:
“When Lt. Steinke and Ofc. Aguilar arrived at Jack’s Apple Pub, they did not hear any gunshots and they did not have a description of any person connected to the single gunshot in the alert. Lt. Steinke nevertheless pulled out his gun, opened the door and stepped inside Jack’s Apple Pub with gun in hand. Lt. Steinke did not:
- a.hear any gunshots;
- b.have a description of any person responsible for the single gunshot in the alert;
- c.give any commands;
- d.announce his presence; nor
- e.see any threatening behavior.
Despite the above facts, Lt. Steinke fired at least four shots while inside of Jack’s Apple Pub,” the suit states. “Lt. Steinke’s use of lethal force in seizing Mr. Sanders was unreasonable, in part, because the use of lethal force against any person under the circumstances presented was unreasonable Upon entering Jack’s Apple Pub, Lt. Steinke was not faced with a concrete and imminent threat of deadly harm. Lt. Steinke did not consider any non-lethal means of accomplishing his objectives.”
The suit does not make specific claims for damages.
