# APPLETON, Wisconsin. From Medical to OIS.



## RodneyFarva (Jan 18, 2007)

APPLETON - A routine medical call outside the city's downtown transit center descended into chaos in a matter of seconds, when a man who had just been revived from a drug overdose opened fire on the police officers and first responders trying to help him.

At a news conference held Thursday afternoon at the Appleton Police Department, Outagamie County District Attorney Melinda Tempelis described how the deadly May 15 shooting unfolded.

Tempelis announced the two Appleton police officers who shot and killed Ruben Houston, a 47-year-old from Wausau, were justified in their use of deadly force. The officers, Sgt. Christopher Biese and Paul Christensen, fired multiple shots at Houston, with Christensen striking him at least once in the abdomen, Tempelis said.

In the moments after the first shots were fired, Houston used a bystander, Brittany Schowalter, as a human shield, which likely led to her being struck by officers' bullets, Tempelis said.

Appleton firefighter Mitch Lundgaard, 36, was hit by one of Houston's shots and later died as a result of his injury. Shortly before the shooting, Houston had been treated with Narcan, a drug used to revive people suffering from a drug overdose, Tempelis said.

Christensen was also hit in the leg by one of Houston's shots, but was treated and later released from the hospital. Schowalter, too, survived the incident and is also out of the hospital.
"We lost one of our own and officers were forced to make difficult decisions and risked their lives to protect our community," Tempelis said.

The Green Bay Police Department investigated the shooting and the Outagamie County District Attorney's Office reviewed the findings, with Tempelis deciding the officers' actions were justified, which means the officers won't face criminal charges.

Appleton and Green Bay police have an agreement to handle each other's death investigations when officers are involved.

Tempelis described how the situation quickly changed from a relatively calm, seemingly routine medical call to a chaotic, extremely dangerous scene, with shots being fired by Houston, followed by officers attempting to end the threat he posed.
"It is surprising that nobody else got hurt or killed as a result of the gunfire and the behavior of (Houston)," she said.

Tempelis laid out a narrative that began with Houston getting on a bus in the Wausau area that morning, traveling to Milwaukee for a few hours, then getting on the same bus for a return trip.

On the return trip, other passengers noticed Houston get up from his seat to use the bathroom, then return to his seat and appear to fall asleep. Passengers noticed Houston was snoring and breathing abnormally, and they weren't able to wake him up, Tempelis said.
When the bus arrived at the transit center in Appleton, a passenger who believed Houston was having a seizure called 911. Shortly after the call, Lundgaard and other first responders arrived at the scene and began to help Houston.

After determining Houston had likely suffered a drug overdose, responders administered two doses of Narcan. The first dose improved Houston's breathing, then a second dose allowed him to regain consciousness.

Houston began to talk with police and first responders, indicating he had taken some of his wife's morphine, Tempelis said. Houston eventually got up and walked off the bus on his own, but officers and responders encouraged him to seek additional medical care. Houston refused, which prompted officers to consider placing him on a mental health hold.

"They wanted to make sure he got that help," Tempelis said.
Houston was also told at one point that he wouldn't be allowed back on the bus in his condition, Tempelis said.

Christensen, noticing a bulge on Houston's right side, asked Houston if he had any weapons. He said no. After Christensen asked Houston to lift up his shirt - a long Green Bay Packers jersey - Houston quickly stepped back from officers.

"He doesn't want the officers touching him," Tempelis said.

In an instant, Houston drew a small .380-caliber handgun from a case near his waist, Tempelis said. He fired twice, hitting Lundgaard in the upper back and Christensen in the upper leg.
A split second later, Christensen fired back at Houston, striking him in the abdomen. Houston didn't go down immediately, though, instead retreating away from officers, where he grabbed Schowalter and used her as a shield, Tempelis said.

Christensen fired eight times - once after the initial shots from Houston, then seven more times in the ensuing gunfight - and Biese fired 11 shots. Houston fired five total shots, which was all he had.

Tempelis said Schowalter was likely hit by one of the officers' shots, but that it's impossible to know for sure. Schowalter suffered an injury to her leg and was shot in the head, with a bullet grazing her skull, but not penetrating it, she said.

Houston eventually went to the ground, which gave officers the chance to approach him with a shield and arrest him, Tempelis said. His gun was found under his body.
Christensen stayed engaged in the scene after being shot. About four minutes later, he said, "I'd like to go to the hospital at some point," according to a USA TODAY NETWORK-Wisconsin review of his body camera footage.

Thomas said Christensen and Biese "acted heroically," saying the officers responded with courage to stop "a deadly threat."

"These officers and the other officers that responded then provided emergency medical aid to the same person who just seconds before was trying to kill them," he said.

Thomas described the incident as an "anomaly for our community" that "could have happened anywhere on the bus route from Milwaukee to Wausau."

"This was a criminal traveling through our community, who had a long history of illegal and dangerous behavior," Thomas said. "His actions were pure evil, plain and simple."

Thomas went on to say the actions of the first responders, along with the response from the community, is "what will truly be the final word in this tragedy."


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## LA Copper (Feb 11, 2005)

This is a good example of how anyone we talk to could be carrying a gun. Hopefully the general public will see this as well.

As for the incident itself, kudos to the officer for noticing the bulge on the suspect's hip, however, he then tells the suspect not to touch it but when he does, both are very slow to react. The suspect gave warning signs once the officer asked him about the bulge. It took him a long time to get the gun out from under his shirt, thank goodness.

Another example for us is. If it feels wrong, listen to your gut because you're probably right. It will help keep us safe.


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