Giese had been chasing West, who had been riding his bike after 1:30 a.m. without a light on the bike. According to police, there had been multiple reported robberies in the area committed by individuals riding bikes.

Unbeknownst to Giese at the time, according to the district attorney, hours before West was killed he had left a party in Kenosha in a stolen vehicle with four other people. That vehicle was later pulled over by Kenosha Police, and all five occupants fled. Four of them were reportedly stopped at the scene, but West got away.

In the 2400 block of Racine Street, after Giese fired a Taser at West and missed, West reportedly stumbled and allegedly dropped a firearm on the ground. Giese told investigators, according to Hanson’s decision, that he then stood over West and yelled “Don’t reach for the gun! I’m going to shoot you!” while holding his firearm in one hand and his radio in the other.

West allegedly continued to struggle and his hand was, according to Giese, fewer than 3 inches away from the gun on the ground. When asked by investigators if he could have kicked the gun further away, Giese told investigators he couldn’t for fear of losing his balance.