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Judge dismisses charges against UWM police officer who killed civilian

Nick Schurk

Issue date: 4/26/06 Section: News
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A federal judge dismissed civil charges three weeks ago against a University of Wisconsin-Milwaukee police officer who shot and killed a man in 2003.

Officer Brian Switala fatally shot Joseph Bauschek after a car chase that started on the UWM campus and ended in a Shorewood neighborhood.

On the night of Feb. 3, 2003, Bauschek fled from police after being pulled over for a broken windshield and for matching the description of a man accused of harassing students at the UWM Union.

During the chase, Bauschek ran several stop signs and hit two cars, one being a UWM squad car.

Switala fired seven shots at Bauschek, who drove directly at the officer. The car fishtailed due to slippery roads, and one shot hit the back of the driver's seat, killing Bauschek.

According to Tom Luljak, vice-chancellor for University Relations and Communications, the college community showed surprisingly little negative response to Switala's actions.

"People who saw the circumstances understood it was an extraordinary event," Luljak said. "Most people empathized with the situation of the officer."

Switala was placed on paid administrative leave while an investigation was launched to decide if the 27-year-old officer's use of force was justified.

Switala cited self-defense as the reason for his use of force, but an inquest jury rejected this claim.

Milwaukee County District Attorney E. Michael McCann chose not to pursue charges against Switala due to lack of evidence supporting second-degree intentional homicide.

U.S. District Judge Charles N. Clevert Jr. dismissed the civil suit initiated by Bauschek's family last month. Clevert found Switala's use of force to be justifiable due to the circumstances.

Although the case was dismissed, Luljak maintains that the school is deeply sympathetic to the victim's family.

"This is a very tragic case and everyone connected to it on campus was saddened to see the death of the individual," Luljak said.

Bauschek's family is expected to appeal.


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