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Update: Man attacked while walking dog in downtown Milwaukee will not be charged after attacker dies

Update: Man attacked while walking dog in downtown Milwaukee will not be charged after attacker dies

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Updated: 10:50 a.m. July 19, 2018

MILWAUKEE (CBS 58) -- Milwaukee Police say that after a full investigative review by the DA, the man walking his dog who fought off his attacker will not face charges. 

According to police, a person approached the man who was walking his dog and a fight occurred. The attacker died for "reasons unknown" but not from the fight. The dog walker will not be charged in the death due to self-defense

The cause of the death for the attacker is pending toxicology results but the death will be classified as "sudden death."

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Updated 8:30 p.m. on July 17 2018

MILWAUKEE (CBS 58) - Was it self-defense or murder?

That’s what police are investigating after a man was killed in downtown Milwaukee Tuesday morning.

It happened near Old World Third Street and Wells at around 3:45 a.m. Police say a man was walking his dog when he was attacked.

He fought back, and allegedly killed the attacker.

“That’s very disturbing to hear because this is a nice area,” said Gary Jones who lives in the area.

Now police will decide if he went too far.

“I’ve never seen anything like that before but frankly I think the person reacted the right way,” said nearby resident Robert Boesen.

“Wisconsin has very clear laws, that you absolutely have the right to defend yourself if you’re being attacked,” said defense attorney Jonathan LaVoy from Kim & LaVoy law offices.

Lavoy works self-defense cases and says while the law may be clear, there are very few clear cut cases.

“The devil is in the details in these types of situations,” said LaVoy.

He says while you have a right to defend yourself, you don’t have a right to go overboard.  You are allowed to fight back, up to a point.

“There is a big difference between self-defense and retaliation,” said LaVoy, “you had to use a reasonable amount of force, and only the amount of force necessary to terminate the interference.”

In other words,  when the attack stops, you have to stop as well.

And when it comes to actually killing your attacker?  “You can use deadly force only if you believe that you’re likely going to suffer great bodily harm or imminent death to yourself,” said LaVoy.

Police aren’t releasing much information about the attack, or how the man died, as they investigate whether the man walking his dog, should walk free.

“I’m certain that the questions are going to come into what kind of force or what kind of attack occurred to the dog walker before the self-defense occurred,” said LaVoy.

“I think personally if someone was going to attack me they probably would have go the same reaction,” said Boesen.

The man who died was in his 30’s.

The man walking his dog was taken into custody, but LaVoy says that’s not uncommon in these cases. Police will hold the person responsible for a death while they investigate.

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Updated: 4:37 p.m. on July 17, 2018

MILWAUKEE (CBS 58) -- Residents who live near Old World Third Street and Wells Street are now on edge, after a man was attacked early Tuesday morning while walking his dog.

“This is quite unsettling,” Gary Jones who lives in Downtown Milwaukee, said. “This is very bad.”

“It’s just wild it happened right outside my house,” Pete Braakman, Downtown Milwaukee Resident, said.

The attack happened around 3:30 Tuesday morning. Police say the victim fought back and the attacker died.

“I’ve never seen anything like that before, but frankly I think the person reacted in the right way,” Robert Boesen, Downtown Resident, said.

Police say the dog walker stayed on scene while police investigated and they have taken him into custody as a suspect.

“Just the buzz in the neighborhood is people are in shock it’s happening everywhere,” Business Owner Brian Basile said. “It’s happening at the lakefront, it’s happening in the parks, in front of people’s homes.”

Basile owns a limo company and says he had a hard time picking up customers this morning because police had Old World Third Street taped off from Wisconsin to Kilbourne. He said his customers weren’t happy.

“You couldn’t get anywhere,” Basile said.

People who live and work downtown shocked the attack happened in such a busy area.

“I never had a problem living here,” Braakman said. “You’re right downtown, nothing like that ever happens.”

Police say the suspect who died was in his 30s. Right now they have not said exactly how the man was killed or whether a gun was involved.

This is a developing story.

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Updated: 11:59 a.m. on July 17, 2018

MILWAUKEE (CBS 58) -- A man is dead after police say he attacked a person walking his dog. According to Milwaukee police, the dog walker killed his attacker. 

It happened around 3:45 a.m. Tuesday near Old World 3rd and Wells in a busy area. Police had Old World 3rd block off with police tape from Wisconsin to Kilbourn for hours as they investigated. 

A man who lives nearby where the body was found said he was shocked to hear the news. 

"You said that there was a body right there found? That's very disturbing to hear because this is a very nice area. That is very sad and tragic to hear," said neighbor Gary Jones. 

Police have not revealed how the man was killed and have not released his identity. According to investigators, the man who allegedly killed his attacker stayed on the scene while police investigated and is now in custody as a suspect. 

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Updated: 9:18 a.m. on July 17, 2018

MILWAUKEE (CBS 58) -- A man is dead and another person is in custody after a fight in downtown Milwaukee, according to Milwaukee Police. 

MPD says the death happened around 3:45 a.m. on Tuesday, July 17 near N. Old World 3rd and W. Wells Street.

The death is being investigated as a homicide. Police say the man has not yet been identified. 

Stay with CBS 58 on-air and online for updates on this developing story.

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Updated: 6:23 a.m. on July 17, 2018

MILWAUKEE (CBS 58) – Milwaukee Police confirm the victim is a man.

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Updated: 5:31 a.m. on July 17, 2018

MILWAUKEE (CBS 58) – Milwaukee Police confirm one person is dead.

The Milwaukee County Medical Examiner’s Office was called to a death investigation in downtown Milwaukee near N. Old World 3rd and W. Wells St. Police say the call came in around 3:40 a.m.

Police say the homicide unit is investigating the incident.

Stay with CBS 58 on-air and online for updates on this developing story.

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Posted: 5:08 a.m. on July 17, 2018

MILWAUKEE (CBS 58) – The Milwaukee County Medical Examiner’s Office was called to a death investigation in downtown Milwaukee early Tuesday morning.

The M.E. responded to the area near N. Old World 3rd and W. Wells St.

Police are not confirming any information at this time.

CBS 58 has a crew headed to the scene.

Stay with CBS 58 on-air and online for updates on this developing story.

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