EAU CLAIRE, Wis. – The Wisconsin Department of Justice (DOJ) Division of Criminal Investigation (DCI) is investigating an officer involved critical incident (OICI) in the City of Eau Claire, Wis. that occurred on the night of Sunday, September 4, 2022.

At approximately 11:40 p.m., Eau Claire Police Department officers responded to a domestic disturbance call at a residence on the 1900 block of Declaration Dr. in Eau Claire, Wis. The initial call indicated a male subject had pointed a firearm at a neighboring residence which prompted responding officers to create a perimeter around the subject’s residence. Once on scene, officers learned of a direct threat which caused them to confront the subject, Clayton T. Livingston, age 34, who was armed with a firearm. Officers directed Livingston to drop the firearm, but he instead aimed it at officers. Officer Sam Sperry, 5 years in law enforcement, and Officer Tre Johnson, 2 years in law enforcement, discharged their firearms, striking Livingston. Once the scene was safe officers provided emergency care to Livingston who was then transported to a hospital and is in stable condition.

A firearm was recovered at the scene and body camera footage captured the incident.

No law enforcement personnel were injured during the incident.

The involved officers from the Eau Claire Police Department have been placed on administrative leave, per department policy.

DCI is leading this investigation and is assisted by Wisconsin State Patrol, DCI Crime Response Specialists, and Eau Claire County Sheriff’s Office. All involved law enforcement are fully cooperating with DCI during this investigation.

DCI is continuing to review evidence and determine the facts of this incident and will turn over investigative reports to the Eau Claire County District Attorney when the investigation concludes.

Please direct all media inquiries regarding this incident to Wisconsin DOJ.