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Madison commission examines whether it can hear complaint seeking officer’s firing

A community organization wants Madison’s Police and Fire Commission to fire Officer Kiel Baitinger-Peterson over the fatal shooting of Corey Ruiz. The commission is first examining whether it has authority to hear the complaint and whether the group can bring it.

Madison commission examines whether it can hear complaint seeking officer’s firing
The Madison Police and Fire Commission is weighing whether it can consider a community organization’s complaint seeking the firing of Officer Kiel Baitinger-Peterson, who fatally shot Corey Ruiz in July. At a brief hearing Tuesday, commission President Mary Schauf said she had begun a preliminary review of the commission’s legal authority to adjudicate the complaint and whether Blacks for Political and Social Action of Dane County has legal standing to file it. The commission is the only city body authorized under state law to fire a police officer. The complaint, filed shortly after the July 22 shooting, alleges that Baitinger-Peterson violated department policies on use of force and de-escalation. It also asks the commission to impose severe suspensions or terminate three other officers involved, alleging they failed to prevent what the group calls unnecessary deadly force. Baitinger-Peterson shot Ruiz, a 38-year-old Black man, after officers were sent to Madison’s Marquette neighborhood following a report of someone checking parked cars, according to police. Baitinger-Peterson’s attorney, Kate Harrell, argued in a brief this week that the organization lacks standing and asked the commission to dismiss the complaint. She also asked that the city process be delayed until any potential criminal proceedings are resolved. The Rev. David Hart, the group’s president, and Vice President Kirbie Mack argued that they meet the legal requirements to file, citing concerns about the safety of their families, communities and themselves. “How could concern for the killing of a citizen by a police officer not be sufficient?” they wrote. About 30 people submitted written comments before the hearing. All but one supported the complaint, with some calling for Baitinger-Peterson’s removal from the force. The commission scheduled additional filings from both sides for November and a continuation of the hearing in December. The panel has four members, with a fifth seat vacant. Commissioner Azure Fudge Hart, who is married to David Hart, has recused herself from the matter. Separately, the Wisconsin Department of Justice’s Division of Criminal Investigation is reviewing the shooting, as required by state law for deaths involving officers. When the investigation is complete, the case file will go to Dane County District Attorney Ismael Ozanne, who will decide whether to bring criminal charges. That review is separate from any Madison Police Department internal affairs inquiry and the commission’s complaint process. Ruiz’s death prompted protests and renewed attention to police violence. A protest encampment formed at the Willy Street intersection where he was shot, contributing to tensions among police, advocates and city leaders. The shooting has also sharpened calls for police body cameras. Most Madison officers do not currently wear them, and bystander video posted on social media has provided the public footage of the shooting. Mayor Satya Rhodes-Conway’s proposed capital budget includes about $415,000 for 220 cameras, equipment and training, with a three-year rollout beginning with North District officers next year. Ruiz’s family has urged state lawmakers to require cameras statewide, and Rep. Shelia Stubbs, a Madison Democrat, has said she is working with the family and its attorneys on possible legislation. Baitinger-Peterson has nearly 11 years of law enforcement experience. The department hired him in 2015; he later worked as a patrol officer, a neighborhood police officer and on the gang and neighborhood crime abatement team before joining the Central District Community Police Team.

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