APPLETON — Police say the fatal shooting June 20, 2021 of a man who forced his way into an Appleton home was self-defense, and no charges will be filed in the case.

Police announced the results of their investigation today into the break-in where Jonathan Tolley, 38, of Appleton was killed.

The incident goes back to this past summer when police were called to a home on Newberry Street for a suspicious person call.

As officers were responding, they were notified of a second caller on 911 stating an unknown male broke into their residence, according to a police news release.

That caller reported being in a bedroom with the door locked and could hear an unknown male voice yelling in the home.

A short time later officers were told a gun had been fired.

When officers arrived, they found a man with a gunshot wound and that no residents of the home were injured during the incident.

The injured man was later identified as Jonathan Tolley, was taken to a local hospital where he later died.

Investigators say Tolley had been shot by a resident inside the home, according to the news release.

Police say evidence indicates Tolley forced his way into the locked home, caused damage while inside of the home, then forced his way into a locked bedroom where the residents of the home were sheltering while on the phone with 911 dispatchers.

After entering the locked bedroom, the residents told police Tolley continued to advance towards them.

Tolley was then shot one time by a resident of the home.

There was no evidence to indicate Tolley and the residents of the home had any connection prior to this incident.

Tolley’s motivations are unknown, however, toxicology reports indicated that his blood alcohol concentration was .272 at the time of his death, police say.

“The facts and evidence in this investigation indicate that the shooting of Jonathan Tolley was justifiable in self-defense. No charges are being recommended as a result of this investigation,” read a statement from police.

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By Dan Plutchak

Dan Plutchak, born and raised in Kaukauna, is cofounder of Kaukauna Community News.