APPLETON, WI (WTAQ-WLUK) - UPDATE: The man fatally shot by a police officer in an Appleton bar May 21 was unarmed and shot by accident, investigators say.
However, Lt. Jay Steinke will not face criminal charges for the death of Jimmie Sanders, Outagamie County District Attorney Carrie Schneider has ruled.
Schneider says Steinke had responded to a report of a person with a gun at Jack's Apple Pub, 535 W. College Ave.
According to investigators, Steinke was firing at Henry Nellum, who had a gun and was trying to run out of the bar, toward Steinke's direction.
Steinke was bumped as he was shooting by people trying to run out of the bar, according to investigators.
Schneider says bullets hit Sanders in the back and also hit the bar and cash register inside the building.
Sanders and Nellum did not know each other, Schneider said.
Schneider also said she plans to charge Nellum for causing Sanders' death.
Nellum has already been charged with attempted homicide for allegedly firing shots during a fight with another man.
That fight was what eventually drew police to the scene, investigators say.
Another woman, Dree Sullivan, has been charged with allegedly taking Nellum's gun and hiding it after the shooting.
The Green Bay Police Dept. led the investigation since an Appleton officer was involved in the shooting.
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UPDATE: Outagamie County District Attorney Carrie Schneider says she will not charge Appleton police Lt. Jay Steinke in the fatal shooting of Jimmie Sanders on May 21.
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Investigators plan to release the results of an investigation into a fatal police shooting Friday morning in Appleton.
On May 21, 33-year-old Jimmie Montel Sanders, was fatally shot by Lt. Jay Steinke of the Appleton Police Dept. at Jack's Apple Pub, a downtown bar.
Police had responded to the bar for a report of a fight.
Two other people were injured in the fight. Henry Nellum has been charged with attempted homicide as a result of the fight.
Prosecutors say he pulled out a gun and it went off at some point during the fight.
Dree Sullivan has been charged with harboring or aiding a felon for allegedly taking Nellum's gun and hiding it.
Neither police nor prosecutors have said whether Sanders had a weapon at any point during the incident.
The Green Bay Police Dept. has been investigating the shooting since an officer was involved.
Representatives of the Appleton and Green Bay police departments, as well as the Outagamie County District Attorney's Office, are expected to attend the 11 a.m. news conference.