Officer Killed Man Who Attacked Him With Meat Cleaver: No Charges

RACINE COUNTY, WI — Authorities in Racine County say a Caledonia police officer who shot and killed a 38-year-old man in August will not face charges after the man attacked the officer with a meat cleaver.

That officer, David Baird, suffered a serious head wound when Nelson attacked him in a life-or-death struggle, authorities said. Investigators say Baird needed 23 stitches to close the wound.

According to a ruling released Friday by Racine County District Attorney Patricia Hanson, in the months and days leading up to Nelson's shooting, it appeared as though Nelson’s mental health began to deteriorate.

"While it is believed that his mental health problems existed for some time, at the time of this incident he was not taking any medications for any mental health conditions," Hanson wrote in her ruling. "The video obtained by the home owner’s relatives clearly shows what I, as a lay person, would characterize as a manic state."

According to Hanson's ruling, Caledonia Police went to a home on Crystal Springs Drive in August after two women called police, saying Nelson had broken into their mother's home while she was away. The two women went to check on the otherwise empty home only to find Nelson inside.

Authorities say Nelson eventually tried stealing a vehicle that was parked on the property.

Caledonia Police say Officer Baird parked his squad and sprinted to the scene, and ordered the two women out of the way for their safety as Nelson crashed the vehicle he was trying to steal into another parked car in the driveway. "Officer Baird stated that after the collision, his instincts were to get the operator out of the vehicle before the operator killed someone or severely injured someone," Hanson wrote.

Authorities said Baird tried getting Nelson out of the vehicle, only to have him reach for a meat cleaver. He struck Baird in the head, causing a significant gash. According to Hanson's ruling, Baird knew he was losing blood, and was worried about how much time he had before he passed out.

In his report, Baird said he backed away from Nelson, only to have him close on him with the meat cleaver in hand. Baird pulled out his gun, and fired five gunshots directly into Nelson, causing him to fall to the ground. Nelson did not survive his wounds.

In her ruling, Hanson noted that the Caledonia Police Department did not have body cameras for any officers on that night. There was a squad camera recording from Baird’s squad car, but it did not show his encounter with Nelson. It did, however, record audio from the incident.

"Baird can be heard yelling twice for Nelson to put down the knife, then five shots are discharged," Hanson wrote.

In her conclusion, Hanson wrote that Baird acted in self-preservation in the moment, while also acknowledging the tragedy that was visited upon Nelson and his family over his shooting death.

"Officer Baird was well within his right to respond with deadly force in order to protect himself from serious harm or potentially death. For these reasons, no charges will be filed against Officer Baird in this case. My deepest sympathies go out to the Nelson family for their loss, but legally and ethically, this is the decision I must come to in this case."