During an Aug. 16, 2012 news conference, Outagamie County District Attorney Carrie Schneider discusses evidence from the Aug. 10, 2012 shooting.

During an Aug. 16, 2012 news conference, Outagamie County District Attorney Carrie Schneider discusses evidence from the Aug. 10, 2012 shooting of Keith Gabriel by an Appleton police officer.

Flanked by police officials Aug. 16, 2012, Outagamie Co. District Attorney Carrie Schneider announces the results of an investigation.

Flanked by police officials Aug. 16, 2012, Outagamie Co. District Attorney Carrie Schneider announces the results of an investigation into the Aug. 10, 2012 fatal shooting of Keith Gabriel by an Appleton police officer.

Investigators released this photo of the gun Keith A. Gabriel was holding when he was shot and killed Aug. 10, 2012 by an Appleton police officer.

Investigators released this photo of the gun Keith A. Gabriel was holding when he was shot and killed Aug. 10, 2012 by an Appleton police officer.

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D.A.: Fatal shooting was justified

Keith Gabriel was shot last week by an officer

Updated: Thursday, 16 Aug 2012, 6:07 PM CDT
Published : Thursday, 16 Aug 2012, 8:38 AM CDT

APPLETON - An Appleton police officer is justified in shooting and killing a man, according to the Outagamie County District Attorney.

Sergeant Greg Pieper shot 61-year-old Keith Gabriel outside his Spring Street home Friday night. The Green Bay Police Department reviewed the case and says Pieper followed protocol.

The shooting startled the quiet Appleton neighborhood.

"This action on many levels is a significant and tragic event," said Outagamie County District Attorney Carrie Schneider.

Tragic, but justified according to Outagamie County District Attorney Carrie Schneider. When Sgt. Pieper confronted Gabriel about the fireworks.

"The only response that came from Mr. Gabriel was that he became more and more agitated and began yelling, ‘Shoot me, shoot me,’" said Schneider.

Gabriel then raised his gun, a Colt .45 semiautomatic, in the direction of Pieper. Pieper fired three times, killing Gabriel.

Gabriel's gun was found to be fully loaded, with the safety off and the hammer pulled back, ready to fire. Gabriel had threatened to harm police and city workers who came onto his property in the past. When police searched his home six other handguns and 15 various other weapons were found along with a live mortar shell that had to be diffused by the bomb squad.

Neighbors say Gabriel was quiet and friendly, known to help just about anyone. They say that's what makes this so surprising.

"He was a Vietnam vet, had some personal issues, but he was a very nice person and wouldn't hurt a flea. I don't know why or how this happened but it's just a terrible tragedy," said Mary Nabbefeld.

Pieper is still on paid administrative leave and is doing well in dealing with the shooting according to Chief Pete Helein. Pieper will return to duty soon. This is the third officer-involved shooting in Appleton in the last five years. The increase in police having to use deadly force worries Helein.

"It absolutely concerns me and we're trying to figure out why this is occurring, not only in the incidents that have been identified but also where we've seen violence in our community and really try and get to the heart of the problem," said Helein.

Before another tragic incident like this occurs again. Helein says the thoughts and prayers of the department are with Pieper and Gabriel's family.

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