Leah Ulatowski

USA TODAY NETWORK-Wisconsin

SHEBOYGAN - Two Sheboygan police were justified in shooting and killing Kevin Higgins at the Union Avenue Tap, investigators concluded Friday.

Investigators also believe Higgins, 37, a military veteran from Glenbeulah, was likely suffering from post-traumatic stress disorder and may have been seeking a "suicide by police" based on his actions and a previous stand-off in February with law enforcement.

Higgins was shot to death by Sheboygan Police Officers Anthony Hamilton and Brandon Kehoe following an armed robbery at the bar on July 17, just after 11:30 p.m.

Following what District Attorney Joe DeCecco described as an "extensive, exhaustive" investigation, it was determined the incident began as an armed robbery when Higgins asked for money from the bartender at Union Avenue Tap while holding a .223 caliber rifle with a scope and a silencer.

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Higgins entered through a side door on 14th Street and was dressed in full camouflage, dark shades and a mask or scarf covering the lower half of his face.

In addition to the .223 caliber rifle, he also had a backpack that investigators later discovered contained a 90-round rotary gun magazine with 84 live rounds of a similar caliber and 100 loose live rounds of .40 pistol ammunition and a stun gun.

When Higgins first approached the bar and demanded money, a patron standing at a gaming machine made a quick 911 call simply stating that there was a robbery and to get there fast. The bartender complied with Higgins and dumped several hundred dollars worth of money from the till onto the bar; however, Higgins only took some of the larger bills and left the rest.

Higgins then approached the patron at the gaming machine and asked if he had called 911. The patron denied this, but Higgins asked to see the phone. While the patron said 911 should have appeared at the top of his recent calls, he believed Higgins must have missed this information.

At approximately this point, a bartender also called 911 and placed the phone below the bar, which allowed dispatchers to hear how the incident unfolded, including someone saying, "No one has to get shot." Dispatchers relayed this information to Hamilton and Kehoe who were able to get to the scene quickly because they were at King Park on another assignment. King Park is less than a mile away from Union Avenue Tap.

Hamilton confirmed he had removed his firearm when approaching the bar. Kehoe couldn't remember but told investigators he definitely had his gun drawn when the officers stopped outside the 14th Street side entrance. To exit the building, Higgins pushed up against this door and turned around to find himself almost face to face with Hamilton, something the surveillance video released to media Friday confirms. Kehoe was positioned to the side behind the open glass door but could make out the type of rifle Higgins was carrying and see that he was raising the firearm to Hamilton.

Higgins did not obey commands from officers to drop the rifle and show his hands, investigators said. When he raised the rifle, both officers shot, causing Higgins to stumble backward into the bar, something also confirmed by surveillance video. Ultimately, he had six gunshot wounds with two fatal hits to the chest. Upon searching Higgins' car — which was parked fairly close to the bar — police also found a Kel-Tec Sub-2000 semi-automatic rifle with a high capacity magazine and the safety off.

DeCecco said there was no question the officers' lives were in imminent danger.

"There's no question that they complied with the deadly force policy," he said. The officers have still not returned to active duty after being put on administrative leave during the investigation.

DeCecco added that all indications were that Higgins may have been leaving the bar to get into position to shoot responding officers after he discovered a patron may have called 911. The combination of Higgins not taking all of the money the bartender offered and most likely seeing the 911 call on the patron's phone has lead investigators to believe Higgins may have wanted to die by "suicide by police."

Investigators said interviews with the Higgins family indicated he offered extended goodbyes to his family before the incident and relayed violent dreams that he was having.

Winnebago County Sheriff's Captain Dave Mack added that Higgins also had a run in with the Sheboygan County Sheriff's Office in February after making suicidal comments to his wife, who called authorities. There was a brief standoff that ended peacefully, but Higgins had indicated at that time wanting to die by suicide by police and was checked into a medical facility.

Police said he was a veteran who likely served in two different branches of the military and was suffering from post-traumatic stress disorder, but officials are still investigating his background. An obituary run in the Sheboygan Press said Higgins served in the U.S. Army as a member of the 1st Cavalry Infantry in Bosnia. It also said he served six years in the Air Force Reserve and suffered from PTSD.

Additionally, authorities are still trying to trace back the guns to learn whether they were purchased legally or not.

Investigators said they believe Kurt Klessig, a bar employee who was also injured in the shooting, was likely shot by officers but that they won't know which gun may have shot him until ballistics testing is finished. Klessig was released from the hospital on Wednesday and is currently recovering at home.

Police Chief Chris Domagalski thanked the community for its respect and patience during the investigation and urged members to offer support to the officers, patrons and Higgins family following the "traumatic" incident.

Reach Leah Ulatowski at 920-453-5134, Lulatowski@sheboyganpress.com or @Leah_Bekah on Twitter.