Suspect fatally shot by Germantown police who was on the roof of Kennedy Middle School,was justified

Germantown Police Officers who shot at by a suspect on the roof of a school during the evening hours of Oct. 23 will not face criminal charges in connection to the incident.

During the early evening hours of Oct. 23, an individual named Kevin G. Foy — an Illinois resident who had no connection to the Germantown area — approached Kennedy Middle School. When police responded to a report of an individual in the area acting erratically, Foy used a bike rack to climb up onto the roof. Officers pursued Foy on the roof. Foy fire shots at the officers, with officers returning fire. The subject sustained injuries and first aid was rendered, but he died on the scene.

“Recently, Washington County District Attorney Mark Benson issued his decision regarding the death of Kevin G. Foy, which occurred on October 23, 2023, in the Village of Germantown, Wis. The district attorney determined there will be no criminal charges for involved law enforcement,” the DOJ said in a Dec. 21 statement.

The incident prompted a lockdown of after-school activities occurring at Kennedy Middle School. The suspect in the incident never entered the building, and all students inside the school were later safely reunited with their families.