The Lewis County Sheriff’s Office will not seek charges against an Onalaska man who shot and killed an accused burglar in the driveway of his home April 19.
Sheriff Steve Mansfield said Monday that 59-year-old Ronald Brady was acting in self defense when he fired at 56-year-old Thomas McKenzie at about 9:40 p.m. after being the victim of an apparent burglary earlier the same day.
Deputies arrested McKenzie’s wife Friday on suspicion of attempted residential burglary and residential burglary after a nearly three-month investigation that concluded the couple was attempting to steal items from Brady’s home in the 2100 block of state Route 508.
“People have a right to protect themselves, their families, and property in a lawful manner as defined by the laws of this state,” Mansfield said in a prepared statement. “If you create or put yourself in a situation where someone has a legal right to use deadly force against you that is a risk you take.”
Joanna D. McKenzie, 32, of Morton, made an initial appearance in Lewis County Superior Court Monday afternoon. With family members in the gallery, she quietly confirmed that she understood the charge against her.
Judge James Lawler approved an unsecured bail amount of $10,000 and appointed defense attorney J.P. Enbody to represent her. She’s scheduled for an arraignment July 22. She was released from Lewis County Jail shortly thereafter on a promise to appear.
Details of Investigation
According to details of the investigation released by the sheriff’s office, Brady was alone inside a secluded area of the residence with no lights visible when Joanna and Thomas McKenzie arrived with flashlights at approximately 9:40 p.m.
“He heard someone outside the residence and opened the door to look outside,” Mansfield said. “He fired several shots at the tires of the suspect vehicle to disable it and immediately had two bright lights shining in his face from two separate directions. He fired towards the lights in attempt to protect himself from a perceived threat.”
Mansfield said Brady did not aim the weapon, but “instead instinctively pointed and shot in the direction of the lights. He articulated he shot toward the lights because the unusual reaction of the suspects after the first few shots towards their vehicle was not to retreat.”
The sheriff’s office has forwarded the results of its investigation — contained within a 4-inch binder — to the Lewis County Prosecutor’s Office.
“There are a few gray areas and that is why I am sending it for review,” Mansfield said.
Prosecutor Michael Golden said his office began poring over the documents and evidence Monday, and that he and Mansfield have worked together throughout the investigation. Golden said the review could be complete in as quickly as a few days.
Family Claims Innocence
Family members of Joanna McKenzie in court Monday said Brady should be behind bars, and that Joanna and Thomas were at the home to ask about a truck in the driveway similar to one owned by Brady, not to commit burglary.
“He came out and just started shooting, no questions asked,” said Dale Hanks, Joanna’s brother-in-law.
Kristina Hanks, Joanna’s sister, lamented the fact that her younger sibling had to watch her husband die, and now faces criminal charges. She and other members of the family say there is no credence to allegations that Joanna and Thomas had burglarized the home earlier in the day, leading Brady to lay in wait of their return.
“It should be him (in jail) for murdering someone in the driveway, not Joanna,” said her brother Vern Hamilton.
All three said the arrest sets a dangerous precedent in which property owners will feel they have the right to kill anyone on their property without first asking questions as to why they are there.
Kristina Hanks said Joanna’s five children are now spread out between family members and foster care after Child Protective Services swooped in after the death of Thomas April 19.
“Here she has to deal with her husband being shot, her kids being taken away and now this,” Kristina Hanks said.
Mansfield said he’s been in contact with the family and understands that the events have created a lot of questions while putting stress on the family of the deceased Morton man.
“It is a tragedy when a person loses their life, and the families and loved ones are always those who suffer most,” Mansfield said. “Mr. McKenzie’s own actions put him in a situation resulting in his death.”
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Prosecutor Says Computer Might Provide Evidence
By The Chronicle
Lewis County Prosecutor Michael Golden said at least one piece of evidence has not been returned as the sheriff’s office concluded its investigation into the shooting death of Thomas McKenzie.
Golden and sheriff’s office personnel say homeowner Ronald Brady, 59, had accessed a computer inside the residence in the hours leading up to the shooting.
“I’m still interested in it,” Golden said. “The information relayed by deputies and detectives was that he was on computer for two hours and prior.”
Sheriff Steve Mansfield confirmed that a computer had been sent to a state laboratory for analysis, but said he doesn’t expect it to change his opinion on the conditions leading up to McKenzie’s death.
“That is not something that one way or the other would definitively change my decision,” Mansfield said.
Golden said the laboratory could take eight months to a year to analyze the computer, and that “it might contain relevant information, and it might not.” He said there is currently no reason to believe Brady’s computer activity was related to the shooting, but that it is a possibility that must be explored.
“We won’t know until we get the returns,” Golden said.
Offering a hypothetical, he said the possibility that Brady could have researched the manner in which killing a trespasser could be done legally must be ruled out. At this point, he said it’s just as likely his activity has no connection to the shooting that followed.
“I am still curious what he was doing on the computer during that period of time,” Golden said.
