Walworth County deputy cleared in shooting
ELKHORN Walworth County Sheriff's Office Deputy Dan Nichols is back on full duty after being cleared Monday of any wrongdoing when he shot bank robbery suspect Robert Lynn on Aug. 24.
The Waukesha County Sheriff's Office and the Walworth County Sheriff's Office conducted an investigation into the shooting. The shooting occurred in Waukesha County near Walworth County following a chase that started in Walworth County shortly after an armed robbery at People's Bank North on Highway 12/67 near County A north of Elkhorn.
Nichols was setting up stop sticks on Marsh Road about a mile north of the Walworth County-Waukesha County line when Linn drove his car "directly at" the deputy, Walworth County Sheriff David Graves said.
Stop sticks are used during chase situations by law enforcement to puncture tires and disable the vehicle.
Nichols shot Linn in the arm. The deputy was not injured.
"There is no question but that Deputy Nichols was exercising the privilege of self-defense when he utilized deadly force to stop the vehicle being operated by Robert Linn," Waukesha County District Attorney Brad Schimel wrote in a Sept. 17 letter to Walworth County Undersheriff Kurt Picknell.
"Furthermore, the degree of force he used was the only reasonable decision he could make under those circumstances. Therefore, there is no basis to consider any charge against Deputy Nichols relating to the discharge of his firearm on Aug. 24, 2012, in the town of Mukwonago," Schimel wrote.
Linn, 29, of the town of Bloomfield was treated for his injuries at Waukesha Memorial Hospital. He remains in the Walworth County Jail, where he is being held on a probation violation pending charges related to the bank robbery.