‘The results of the investigation were not a surprise to us’

Oneida County sheriff Grady Hartman is praising his deputies for their “great courage under fire” on the evening of Jan. 20 when a call to a residence on River Street ended with what Oneida County district Jillian Pfeifer has determined was a lawful use of lethal force.

Steven C. Kincaid, 33, died after firing two shots, at close range, directly at law enforcement “creating an actual, unlawful interference directed at officers thereby allowing officers to use deadly force to protect themselves, fellow officers, and (another person) believed to still be inside the residence,” Pfeifer wrote in a letter explaining her decision not to pursue criminal charges against the law enforcement officers.

The five officers have been identified as Sgt. Christie Kondzela and officer Graeme Biskobing of the Rhinelander Police Department, Sgt. Thomas Williams and deputies Michael Bedish and Cole Lehman of the sheriff’s office. 

“The results of the investigation were not a surprise to us,” Hartman said. “The investigators learned what we already knew from the beginning: that the deputies (and officers) displayed great courage under fire. They used their tactics and training well and we are proud that their actions likely saved the lives of innocent people. We remain unimpressed and angry that the cowardly deceased subject attempted to murder our deputies. We are thankful for the community’s unwavering support that we’ve come to expect from their consistent comments and acts of kindness.”

Because there is an ongoing criminal prosecution involving this incident, Rhinelander police chief Lloyd Gauthier advised the River News he will “refrain” from further comment.

Previously, Gauthier stated that he was “comfortable” with his employees’ actions.

“From what I do know, from listening to the radio, being there that night, I’m comfortable with my employees’ reaction, that it was within policy, within training and within state and federal law,” he told the River News in February.

At this point, it’s not clear who the pending criminal prosecution is focused on. However, the Department of Justice made reference to the matter in announcing Pfeifer’s decision.

“The Department of Justice’s usual practice is to post the investigative file of officer-involved deaths on DOJ’s website,” the agency said. “Records associated with the (Kincaid) investigative file will not be posted at this time, because there is an ongoing criminal prosecution associated with this incident.”

According to Pfeifer’s summary of the events of Jan. 20, based on her review of squad and officer body camera footage, audio from the dispatch center and interviews with those involved, officers arrived on scene after the dispatch center received two hang-up 911 calls from the residence. Yelling was heard in the background before one of the calls ended, At the scene, one of the officers attempted to make contact with the residents by knocking on the door, Pfeifer noted. Later, a female resident exited the residence but refused to provide information on those still inside. “I can’t tell you, I can’t tell you, he’s going to hurt me,” the woman said, according to Pfeifer’s summary.

An older man, also identified as a resident, also exited the residence, according to the summary.

Eventually, police learned that a female referred to as a “visitor” was also inside and that both Kincaid and the female visitor had active felony warrants in cases alleging felony bail jumping, felony battery, felony false imprisonment and taking a vehicle without owner’s consent.

The summary also states that officers learned that Kincaid had previously made statements related to the concept of “suicide by cop.”

“Based upon the information gathered and due to concerns for the female visitor’s safety, officers determined entry into the house was necessary,” the summary states. “At approximately 9:05 p.m., Sergeant Williams, Sergeant Kondzela and Deputy Bedish entered the residence. Officer Biskobing remained outside, on the north side of the residence, while Deputy Lehman remained outside, on the south side of the residence. Moments after officers entered the residence, Officer Biskobing observed a second story window, located on the north side of the residence, open. In response, Officer Biskobing announced himself and stated ‘show me your hands’. There was no response. Moments later, Deputy Lehman observed a male individual open a second story window, located on the south side of the residence, and crawl out of the window onto the roof of the house. In response, Deputy Lehman announced himself as law enforcement and told the male to put his hands up. Upon hearing this, Deputy Bedish exited the residence to assist Deputy Lehman. Moments before Deputy Bedish arrived at Deputy Lehman’s location, the male crawled back through the window, into the residence. Shortly after, all five officers reported hearing a single gunshot. Upon hearing this, Deputy Bedish responded back into the residence as Sergeant Williams approached the stairs and began to walk up the stairs to the second floor of the residence. Deputy Bedish and Sergeant Kondzela remained a short distance behind Sergeant Williams, at the bottom of the stairs. At approximately 9:08 p.m., as Sergeant Williams was nearing the top of the stairs, he observed a bedroom door, on the second floor, begin to open. Seconds later, as the door was opening, Sergeant Williams observed a male individual, later identified as Steven Kincaid, extend his arm through the doorway, holding a black pistol, at a distance of approximately 6-8 feet away from Sergeant Williams. Upon seeing this, Sergeant Williams announced “Sheriff’s Office, show me your hands”. Kincaid then fired two shots at Sergeant Williams. In response, Sergeant Williams yelled “come out, now” and returned fire. Sergeant Williams, Sergeant Kondzela and Deputy Bedish then retreated out of the residence and took cover behind a woodpile located in the yard, approximately 25 feet from the south side of the residence. At approximately 9:09 p.m., officers reported hearing an additional 1-2 gun shots, believed to be fired by Kincaid. Once behind the woodpile, officers heard Kincaid yelling. Kincaid’s voice was muffled, and inaudible, but appeared to be coming from inside the residence. Due to the absence of lighting, both inside and outside the residence, as well as the limited protection provided by the woodpile, officers were unable to safely obtain a clear visual of Kincaid. In an attempt to establish contact, Sergeant Kondzela called out to Kincaid. Kincaid responded. During the contact, Sergeant Kondzela yelled to Kincaid to come out the house with his hands up. Kincaid refused. Sergeant Kondzela then attempted to negotiate with Kincaid by asking if officers could speak to Kincaid on the phone. Kincaid responded, ‘absolutely not.’ Sergeant Kondzela continued to question Kincaid, including questions about who else was in the residence. During the conversation, it became clear that Kincaid did not have access to a phone, and as a compromise, Sergeant Kondzela yelled to Kincaid ‘if you come out of the residence with your hands up, I will let you make a phone call’. At approximately 9:16 p.m., Kincaid stopped responding. Despite a lack of response, Sergeant Kondzela continued to call out to Kincaid in an effort to reestablish contact. Then, at approximately 9:17 p.m., officers heard what was described as 2-3 muffled gun shots that appeared to have been fired inside the residence. Sergeant Kondzela again called out to Kincaid, and at approximately 9:19 p.m., contact was reestablished. It is at this time, Kincaid, believed to be standing by the second story window on the south side of the residence, yelled to officers that he was now armed with a shotgun and had 40 rounds of ammunition. In response, officers fired their department issued firearms at the second story window located on the south side of the residence. When officers ceased fire, the officers did not see or hear any movement from inside the residence, however, the status and location of Kincaid and the female visitor within the residence remained unknown. Shortly after, other law enforcement arrived to assist the officers retreat from the yard of the residence. Law enforcement then utilized other techniques in an attempt to determine the status of the individuals inside the residence. Subsequently, at approximately 2:31 a.m., a female voice is heard yelling ‘help me’. Officers observed a female, later identified as the female visitor, outside a second story window, on the roof, located on the north side the residence. Officers made contact with the female visitor and assisted the female visitor down from the roof. At approximately 3 a.m., by way of drone footage, officers observed a male, believed to be Kincaid, laying on the floor near the second story window located on the south side of the residence. Officers also observed, what appeared to be, a long gun rifle lying on the floor next to Kincaid. Drone footage, over a period of several minutes, did not show any movement by Kincaid. At approximately 3:16 a.m., officers entered the house and located Kincaid in the manner consistent with the drone footage with, what appeared to be, fatal injuries. A Tradewinds Inc. 12-gauge shotgun and a Ruger EC9s 9mm handgun were located on the floor next to Kincaid. The shotgun was loaded with two live shotgun shells. Seven live 12-gauge shotgun shells were also located in Kincaid’s pants pocket and two live 12-gauge shotgun shells were located on Kincaid’s belt. The Ruger EC9s 9mmm handgun contained one R-P 9mm luger cartridge in the magazine; no rounds were located in the chamber. A total of seven R-P 9mm spent casings were located in the hallway and south bedroom on the second floor of the residence. A forensic autopsy was performed. Kincaid’s cause of death was determined to be the result of incapacitating gunshot wounds.”

In her letter, Pfeifer noted that according to state law, “a law enforcement officer has a legal privilege to use deadly force to protect themselves or another where the officer reasonably believes that there is an actual or imminent unlawful interference directed at themselves or another person and actually and reasonably believes that such force is necessary to prevent imminent death or great bodily harm to themselves or others. The reasonableness of the officer’s actions is to be judged from the standpoint of an ordinary, prudent, and reasonably intelligent person in the officer’s position, having the knowledge and training that the officer possessed, and acting under the circumstances that existed at the time.”

Pfeifer said the materials compiled by the Department of Justice, which conducted an independent investigation of the incident, left her with a “clear conclusion” that the officers were justified in using deadly force.

“On the evening of January 20, 2024, in response to law enforcement’s presence, Kincaid fired two shots, at close range, directly at law enforcement, creating an actual, unlawful interference directed at officers thereby allowing officers to use deadly force to protect themselves, fellow officers, and the female visitor, who was believed to still be inside the residence,” Pfeifer wrote. “Even after officers retreated out of the residence, Kincaid posed an ongoing, imminent threat of death or greatly bodily harm to the officers, and the female visitor, by continuing to fire multiple gun shots inside the residence while repeatedly refusing to surrender including Kincaid telling officers that Kincaid armed himself with a shotgun and 40 rounds of ammunition. Under the totality of the circumstances, officers actually and reasonably believed that use of lethal force was necessary to prevent imminent death or great bodily harm to themselves and the female visitor.”

Heather Schaefer may be reached at [email protected].