Man shot, killed by Fond du Lac County sheriff's deputy was holding black pellet gun found justified

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Fond du Lac County, WI - According to a news release, the department's Division of Criminal Investigation, it began the evening of Feb. 24 when the Fond du Lac County Sheriff's Office was contacted by 26-year-old Jesus Armando Mendez Berry, who said he had a felony warrant for his arrest and wished to turn himself in.

Around the same time, authorities also received a call from a citizen "who reported a subject matching Mendez Berry's description who displayed what the caller described as a handgun in his waistband."

Deputies located Mendez Berry in the 6300 block of Cherrywood Drive a short while later.

Officials say when Mendez Berry refused to follow repeated commands to show deputies both of his hands, one of the officers discharged a non-lethal weapon. Mendez Berry was holding what deputies believed to be a firearm, the news release states.

As a result, Sergeant Andrew Kohlmann, who has eight years of law enforcement service, discharged his firearm at 6:22 p.m., striking Mendez Berry.

During scene examination following the shooting, the item belonging to Mendez Berry was determined to be a pellet/BB handgun.

Law enforcement and EMS personnel attempted lifesaving measures, and Mendez Berry was taken to a nearby hospital, where he was pronounced dead. No one else was injured during the incident.