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Nellum charged with murder of Jimmie Sanders, man shot by officer

Henry Nellum (Photo courtesy Outagamie Co. Jail)

APPLETON, Wis. (WLUK) -- The man accused in a fight that led to a deadly Appleton shooting was in court Wednesday.

Henry Nellum is facing a murder charge, even though the man who died was shot by an officer.

In Outagamie County Court Wednesday, the Green Bay investigator assigned to the Jack's Apple Pub shooting testified. Investigators allege Henry Nellum is responsible for the deadly officer-involved shooting, even though they say Nellum never shot anyone.

"We had the entire investigation into all of the dynamics of the shooting and then, based upon that, we filed the additional charges," said Outagamie County District Attorney Carrie Schneider.

Two new charges were filed against Nellum. One of those being felony murder for the death of Jimmie Sanders.

According to police, Nellum fired a gun during an argument at Jack's Apple Pub in May.

Appleton Police Officer Jay Steinke responded and authorities say the officer tried to shoot at Nellum, instead shooting and killing Jimmie Sanders.

Steinke was cleared of any wrongdoing.

However, Outagamie County District Attorney Carrie Schneider told us the law allows prosecutors to charge Nellum with Sanders's death.

"The statutes for felony murder allow, if during the course of an offense, the period can include the period of flight from the offense, if someone is, their death is caused and we can relate it back to a certain offense and relate it back to a certain individual, we can charge them under the felony murder statute," Schneider explained

That means since Nellum allegedly started the situation that brought police to the bar in the first place, authorities are claiming Sanders's death is then Nellum's fault.

"There has been a lot of research and writing done by scholars talking about whether or not the felony murder statute is constitutional and we may be addressing that in the case," said Nellum's attorney, Paul Ksicinski, who told us his client is facing an uphill battle.

"I don't think anyone would say that, when you have two homicide counts, that it's a downhill battle. I mean, of course, it's difficult," said Ksicinski.

Nellum is scheduled to be back in court July 21.

Steinke returned to active duty June 12.

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