Waushara County Deputy Cleared in Fatal Shooting

WAUTOMA, Wis (WAUH)- No criminal charges will be brought against a Waushara County Sheriff’s deputy who shot and killed a 51-year-old Town of Wautoma man while responding to a domestic violence call in October.

According to the decision issued by Waushara County District Attorney Matthew Leusink, Deputy Alex Midthun was justified in using deadly force after Timothy Lehman fired a handgun at the deputy.

Midthun ordered Lehman to drop the handgun, show his hands, and stop as Lehman moved back toward his residence on State Highway 73. Lehman responded with an expletive and yelled “shoot me.”

Lehman fired a shot at Deputy Midthun from inside the residence. Midthun told investigators he saw the muzzle flash and felt the bullet go past his head. The deputy raised his rifle and fired 3 to 4 shots.

Lehman moved further back in the residence. He died later and his body was found in a bedroom with two wounds to the chest/upper torso area and one to a forearm.

Lehman’s fiancée told investigators Lehman had drunk around 15 beers and was using a pain pump to administer fentanyl for back pain. He kicked her out of the home and threatened to kill her if she returned.  

A State trooper witnessed the gunfire exchange and there was citizen video as well.

Deputy Midthun is a 4 ½ year veteran of the Sheriff’s Office. He was put on administrative leave during the investigation.