Ashley Luthern

Milwaukee Journal Sentinel

MILWAUKEE — Police announced Monday that the officer who shot and killed a black man in August as the man ran from a traffic stop has been fired in connection with an unrelated sexual assault investigation that led to criminal charges

Officer Dominique Heaggan-Brown, who also is black, was charged earlier this month in a sexual assault case, accused of raping an intoxicated man one day after shooting Sylville Smith. Before the alleged assault, the two men were at a bar where Heaggan-Brown had bragged about doing "whatever (he) wanted without repercussions" while watching coverage of unrest in Milwaukee's Sherman Park neighborhood where Smith was killed, according to a criminal complaint.

Heaggan-Brown was fired Monday as a result of the internal affairs investigation into the sexual assault case that found he was in violation of the department's core value of integrity, according to a Milwaukee police news release.

Under those guidelines, department members are expected to obey all laws whether on or off-duty and "shall not behave in such a way that a reasonable person would expect that discredit could be brought upon the department, or that it would create the appearance of impropriety or corruptive behavior," department officials said in the release.

Wis. officer in fatal shooting charged with sexual assault

Heaggan-Brown remained in jail on $100,000 bail Monday and is expected in court for arraignment Friday. Heaggan-Brown made about $76,000 last year, a figure that includes overtime pay.

Milwaukee Police Chief Edward Flynn previously has said Heaggan-Brown faced "grave charges" that "go to the heart of our code of conduct and our oath to protect and serve."

The sexual assault charges are unrelated to the shooting, Flynn said during an Oct. 20 news conference.

Wis. police-shooting video to be released after probe

"I'm sure many people will draw a connection," Flynn said at the time. "That shooting is going to have to be decided on the lawfulness of the shooting in the context of the event in which it occurred, not the character of the individual who did the shooting."

Smith, 23, was armed with a gun and turning toward Heaggan-Brown, 24, who then opened fire, according to preliminary information from city officials. The shooting occurred about 3:30 p.m. CT Aug. 13.

The Wisconsin Department of Justice Division of Criminal Investigation led the probe into Smith's death in compliance with a 2014 state law that requires a team of at least two officials from an outside agency to lead investigations of officer-involved deaths.

Threats against Milwaukee officer intensify: 'Shoot him right in his head'

The state Justice Department's reports and accompanying evidence, including body-camera footage, were sent Sept. 16 to Milwaukee County's district attorney, John Chisholm. Chisholm has not given a timetable on when he will make a decision on whether to proceed with charges in that case.

The fatal police shooting of Smith touched off two nights of violent unrest in the Sherman Park neighborhood, which many observers said had its roots in decades of systematic problems including segregation and poverty.

This is the second time Flynn has fired an officer involved in a fatal on-duty shooting. Both times the discipline did not stem directly from the officer's use of force.

As elsewhere, Milwaukee unrest decades in the making

Christopher Manney, then a Milwaukee police officer, shot and killed Dontre Hamilton in April 2014 at Red Arrow Park next to Milwaukee City Hall. That October, Manney was fired for his actions leading up to the shooting, which Flynn described as an "out-of-policy" patdown but not for the use of force itself.

Manney did not face state or federal criminal charges related to the shooting.

Follow Ashley Luthern on Twitter: @aluthern

Related:

Why Milwaukee had all the 'ingredients' to become Ferguson

In aftermath of Milwaukee riots, 'a lot of us are lost'

Wis. governor activates National Guard after Milwaukee unrest

Man shot by Milwaukee police subject of witness intimidation case

Violence erupts after police shooting in Milwaukee