Dane County District Attorney Ismael Ozanne said he wouldn’t file charges against Madison Officer Matt Kenny in the March 6 death of Tony Robinson, saying the officer used lawful deadly force after he was staggered by a punch to the head and feared for his life.
Ozanne, mopping his brow repeatedly but speaking forcefully for some 25 minutes, took pains to outline his own biracial heritage before announcing his decision.
“I am the son of a black woman who still worries about my safety,” Ozanne said. “I am a man who understands the pain of unjustified profiling and I am the first district attorney of color not only in Dane County but in the state of Wisconsin.”
Then, Ozanne walked through evidence from the scene, 911 callers, Robinson’s friends, police affidavits, crime lab reports and more to paint a picture of a young man out of control from a mix of hallucinogenic mushrooms, marijuana and Xanax. Officer Kenny rushed to the apartment building, and immediately became concerned that Robinson was attacking someone upstairs. He fired his weapon only after he was punched in the head and feared he might be disarmed and killed, Ozanne said.
“I conclude that (Robinson’s) tragic and unfortunate death was the result of a lawful use of deadly police force and that no charges should be brought against Officer Kenny in the death of Tony Robinson Jr.,” Ozanne said. He quickly wrapped up and left to meet Robinson family members.