Judge accepts state’s decision to dismiss case against Brown Deer police officer

MILWAUKEE (CBS 58) – A Brown Deer police officer who shot and injured a man during an arrest won’t face another trial.

During a status conference on Monday, a judge accepted the state’s decision to dismiss the case against Devon Kraemer.

Kraemer was on trial for aggravated battery at the end of February. The jury in the Kraemer trial could not reach a verdict after three days of deliberation. They were dismissed and the judge declared a mistrial.

On Monday, the state said there just isn’t enough evidence to retry the case.

“We tried the case,” Prosecuting attorney Jim Griffin said. “We obviously weren’t successful and we don’t want to retry it. We don’t think we can meet our burden of proof at this time.”

The judge dismissed Kraemer’s case without prejudice which means the state could refile within the statute of limitations.

Kraemer remains an officer with the police department.