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Appleton Police say fatal shooting was in self-defense

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Published: Jan. 7, 2022 at 9:37 AM CST
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APPLETON, Wis. (WBAY) - Police are not recommending criminal charges in connection to a fatal June 2021 shooting in Appleton.

The department has determined that the shooting of Jonathan Tolley, 38, was in self-defense.

On June 20, at about 4:30 a.m., police were called to a report of a suspicious person in the 2800 block of E. Newberry St. As they responded, officers were alerted to a second caller saying there was an unknown man in their house.

The caller said they had locked themselves in a bedroom and could hear a man yelling in the home. A short time later, police were notified that a gun had been fired.

Officers arrived to find Tolley with a gunshot wound. He was taken to a local hospital where he died.

Police say a person inside the home shot Tolley, an Appleton resident.

“Investigators from the Appleton Police Department conducted an extensive investigation into this incident. Evidence indicates Jonathan Tolley forcibly entered the locked residence, caused damage while inside of the home, and forcibly entered a locked bedroom where the residents of the home were sheltering while on the phone with 911 dispatchers. After entering the locked bedroom, the residents indicated Tolley continued to advance towards them. Tolley was subsequently shot one time by a resident of the home,” reads a statement from police.

Investigators determined the resident shot Tolley in self-defense. No charges will be recommended for the person who shot Tolley. Officers did not identify the person who fired the shot.

Investigators say they do not know Tolley’s motive. They do not believe the homeowners knew Tolley. Toxicology reports show Tolley’s blood alcohol level was .272 at the time of his death. For comparison, the legal limit to drive a car in Wisconsin is .08.

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