Judge dismisses count against Nellum in Appleton bar shooting
APPLETON (WLUK) – A judge has dismissed one count against Henry Nellum, the man who allegedly instigated an incident at Jack’s Apple Pub in Appleton, which ended after an officer shot and killed a bystander in the bar.
Nellum was charged with eight counts, including five felonies – the most serious of which is attempted homicide, for allegedly shooting at someone during an argument at the bar. No trial date has been set.
Nellum also faces a count of felony murder for the death of Jimmie Sanders, who was shot by Officer Jay Steinke. Although Nellum didn’t shoot Sanders, the law allows Nellum to be charged with the death because he allegedly triggered the sequence of events leading to his death.
The defense argued charging both felony murder and a count of attempted aggravated battery violated the ‘Double Jeopardy’ clauses of the U.S. and state Constitutions because the attempted aggravated battery count is lesser included offense for the felony murder case.
Prosecutors argued they can charge Nellum with both counts, as long as he wouldn’t be convicted of both.
In a three-page ruling filed Wednesday, Outagamie County Judge Nancy Krueger agreed with the defense, ruling the attempted aggravated battery count is dismissed as a separate charge. However, it is still something a jury could consider when it deliberates the count of felony murder.
Steinke was cleared of any wrongdoing.