An internal Madison Police Department review found Officer Hector Rivera followed the standard operating procedure for using deadly force during a fatal incident on Madison’s near east side June 30.
Dane County District Attorney Ismael Ozanne previously ruled Rivera’s actions were not criminally liable based on the outcome of an independent investigation conducted by the state Department of Justice’s Division of Criminal Investigations.
Officers responded to multiple 911 calls June 30 regarding a disturbance at 1303 Morrison St. involving a man, later identified as Michael Schumacher, who threw a rock into the window of the residence after swimming in Lake Monona. Schumacher entered the residence through the window and had armed himself with a pitchfork.
Under state law, an officer can use deadly force to respond to a genuine fear of deadly force to that person or any other person.
The internal review found Rivera did violate a policy involving the in-car video system. He received “verbal counseling” for the violation.
“During the course of this internal review, it was discovered that Officer Rivera did violate Madison Police Department Standard Operating Procedure – In Car Video System when he neglected to wear his department- issued microphone during the incident,” the MPD decision states.