Appleton police respond to an incident on the 1500 block of Birchwood Avenue in Appleton Aug. 12, 2022. PC: Fox 11 Online
APPLETON, WI (WTAQ-WLUK) – The family of a man shot and killed by an Appleton police officer has filed a wrongful death lawsuit in federal court.
The estate of Daniel Pesavento filed suit last week against Officer Bryce Rudebeck and the city of Appleton.
Neither the officer nor the city has formally responded to the suit. No hearings have been scheduled, according to court records.
Officers Bryce Rudebeck and Tony Shuman shot at Daniel Pesavento in his N. Birchwood Avenue driveway Aug. 12, 2022. Pesavento, 29, was taken to the hospital, where he died. After an investigation, the officers were cleared and no charges were filed against them.
Although Shuman was investigated for his role in the incident, the federal lawsuit notes he fired one shot and missed.
Witness video released by DOJ appeared to show Pesavento raising the gun to his own head just before being shot. At the same time, the report says Rudebeck “became fearful for the safety of his life, his fellow officers’ lives, and the public’s lives.” He then “took the safety off his rifle and fired multiple rounds, which he believed was approximately five (5) at Pesavento to stop the threat.”
The lawsuit claims “Rudebeck’s use of deadly force was unnecessary, unreasonable and excessive.” In addition, it states “At the time he was killed, Daniel did not pose an imminent threat of death or bodily harm to Rudebeck or anyone else when Rudebeck opened fire on him with his military-grade rifle from 100 feet away and behind a police car.”
The suit mentions Pesavento’s military service in Iraq and Afghanistan and subsequent mental health issues – and claims Officer Rudebeck was aware of them.
“Daniel suffered severe war-induced psychological trauma but, like many veterans, he never sought treatment for his post-traumatic stress disorder due to the social stigma and consequent denial associated with mental illness within military communities,” the suit states. “Defendant Rudebeck was aware that Daniel was suicidal and having a mental health crisis.”
The suit asks for unspecified compensatory and punitive damages.
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