MADISON: News that Stephen Fitzgerald, a former Dodge County sheriff, is seeking to serve as the head of the State Patrol under Gov. Scott Walker, is bringing back painful memories for those who remember a fatal shooting by his deputies during a botched drug raid in April 1995.

The Associated Press, Milwaukee Journal-Sentinel and other media are reporting that Fitzgerald, 68, who is the father of the state's two most powerful lawmakers, has applied to Gov. Scott Walker in hopes of snaring the position. Fitzgerald served most recently as U.S. marshal in the Western District of Wisconsin up until May 2010. He was soundly defeated in last September's Republican primary against incumbent Dodge County Sheriff Todd Nehls, who won 68% of the vote to Fitzgerald's 32%.

At issue is the death of Scott Bryant. Blogger Franke Schein described it like this:

On April 17, 1995, police in Dodge County, Wisconsin, forcefully entered the mobile home of Scott Bryant after finding traces of marijuana in his garbage. The officers would later say they knocked and announced before entering, but neighbors who witnessed the raid say police entered without doing either. Moments later, Detective Robert Neuman shot an unarmed Bryant in the chest, killing him. Bryant's eight-year old son was asleep in the next room. Neuman told investigators he "can't remember pulling the trigger. Dodge County sheriff Stephen Fitzgerald compared the shooting to a hunting accident. --  Franke Schei "SWAT Raids Out Of Control"

Schein's post includes a link to a profile of the shooting on the website of the libertarian-leaning Washington D.C.-based Cato Institute, Botched Paramilitary Police Raids: An Epidemic of "Isolated Incidents"

Scott Bryant

On April 17, 1995, police in Dodge County, Wisconsin forcefully enter the mobile home of Scott Bryant after finding traces of marijuana in his garbage. Moments after entering, Detective Robert Neuman shoots an unarmed Bryant in the chest, killing him. Bryant's eight-year-son is asleep in the next room. Neuman would later tell investigators he "can't remember" pulling the trigger.

The deputies who conducted the raid insist they knocked and announced first, but neighbors who watched the entire raid say police forced entry without doing either. After Bryant's death, victims of another botched raid conducted two weeks earlier by the same deputies claim there was no knock or announcement prior to entry.

Two years later, Bryant's family would get a $950,000 settlement from Dodge County.

Sources:

Ed Treleven, "Shooting victim 'didn't deserve to die'; Some data released in Beaver Dam case," Wisconsin State Journal, April 29, 1995, p. B1.

Meg Jones, "Family to get $950,000 in settlement; Beaver Dam man was shot by Dodge County sheriff's detective," Milwaukee Journal Sentinel, April 30, 1996, p. 1.

-- Cato Institute, "Botched Paramilitary Police Raids: An Epidemic of 'Isolated Incidents'".

Stephen Fitzgerald's sons are Assembly Speaker Jeff Fitzgerald (R-Horicon) and Senate Majority Leader Scott Fitzgerald (R-Juneau), who assumed the top positions in their respective houses following Republican victories in the November elections. I reported in November how parts of Scott Fitzgerald's State Senate district overlap Dane County, and how Fitzgerald was outpolled in every ward by Yes votes for the Dane County Medical Marijuana Advisory Referendum that won in a landslide in the November election with 75.49% of total votes.