DOJ: Man pointed gun at officers before Eau Claire Police shot him

A 38-year-old Eau Claire man was shot by officers from the Eau Claire Police Department on Sept. 4.
A man was shot by police on September 4, 2022 at a home on the north side of Eau Claire after...
A man was shot by police on September 4, 2022 at a home on the north side of Eau Claire after officers responded to a report of a disturbance.(Jeff Ralph | WEAU)
Published: Sep. 9, 2022 at 9:41 AM CDT
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EAU CLAIRE, Wis. (WEAU) - The Wisconsin Department of Justice Division of Criminal Investigation says an armed man pointed a gun at police officers before being shot by the Eau Claire Police Department on Sept. 4.

38-year-old Clayton Livingston was shot and injured by two Eau Claire Police Department officers, Sam Sperry and Tre Johnson, according to a release from the Wisconsin Department of Justice.

According to the release, Livingston had pointed a gun at a neighbor’s home, and in response, the Eau Claire Police Department formed a perimeter around his home. The release said that officers learned about a “direct threat” and then confronted Livingston. The release did not indicate what the threat was or who it was made towards. Officers told Livingston to drop his gun but he then aimed it at officers. Sperry, a five-year law enforcement veteran, and Johnson, who has two years of experience in law enforcement, shot Livingston. Police then provided medical care to Livingston and took him to a hospital, where he is in stable condition.

The DOJ said that the gun was found and body camera footage was taken of the shooting. The two officers are on administrative leave according to Eau Claire Police Department policy. No one working in law enforcement was hurt during the shooting.

The Division of Criminal Investigation is leading the investigation with assistance from the Wisconsin State Patrol, DCI Crime Response Specialists and the Eau Claire County Sheriff’s Office. Anyone in law enforcement present at the shooting is cooperating with the investigation. The DCI will turn over reports to the Eau Claire County DA’s Office when the investigation is done, according to the release.

Eau Claire Police Department officers Sam Sperry and Tre Johnson were involved in an...
Eau Claire Police Department officers Sam Sperry and Tre Johnson were involved in an officer-involved shooting on Sept. 4, 2022 in the City of Eau Claire.(Eau Claire Police Department)

On Thursday, the Eau Claire Police Department issued an updated release with additional details about the officer-involved shooting. Police said that they received a call from a witness about a domestic disturbance in which Livingston was holding a gun while inside of an open garage arguing with a woman. Eau Claire Police decided to “intervene for the safety of the woman and neighboring residents.” On their approach, police said that Livingston turned towards officers in a shooting stance with his gun aimed at them before being shot. The woman was inside of the home and was not hurt.

The Department said that in addition to the DOJ investigation, they would also be doing an internal administrative review of the shooting.

According to an initial release from the Eau Claire Police Department, officers went to the 1900 block of Declaration Drive on the city’s north side for a report of a disturbance at 11:40 p.m. Sunday. Police said they learned a man in the home was armed with a gun. Officers confronted the man and shot him. The man was then taken to a hospital, according to the release.

**ATTENTION - UPDATE** Please see the attached media release for updated information regarding the officer-involved...

Posted by Eau Claire Police Department on Friday, September 9, 2022