The homeowner's wife called Madison police, reporting a home burglary. It was later discovered that Heenan was new to the neighborhood and attempted entering the wrong house. Heenan had been drinking and was confused, according to police.
WISC-TV obtained an audio recording of a Dane County 911 dispatcher communicating with Madison police before and after the shooting. The audio recording indicates that a 911 call reporting a break-in at 513 S. Baldwin St. was received by Dane County dispatchers at 2:45 a.m.
On the audio, a dispatcher alerts police units to respond to a "possible B and E (breaking and entering) in progress, 513 S. Baldwin (St.), across from Spaight (Street). Caller can hear someone in the house."
The dispatcher tells police that the "caller heard someone come in the front door; husband went down to see what was going on. She's still upstairs with four kids."
The dispatcher also relays to the police unit responding to the scene that the "husband is wearing a gray T-shirt and plaid pajama bottoms."
Next, the police unit at the scene tells dispatch, "shots fired, suspect down." To listen to the 911 dispatch audio, click here.
Prosecutors said Heenan had a blood-alcohol content of 0.208 percent.
"I don't believe this could happen to just anyone. People every day in our community are intoxicated. Yet they still don't go up to people's homes and open doors in the middle of the night. That doesn't happen," Ozanne said.
Ozanne said Heimsness saw two men in a physical struggle on the sidewalk near 513 S. Baldwin St. and he recognized one of the men as the husband of the woman who had reported the break-in.
According to Ozanne's statement, Heimsness and the homeowner said Heenan charged Heimsness, who had his gun drawn and was giving commands for Heenan to get on the ground.
Ozanne concluded Heimsness didn't violate any statutes. The prosecutor said anyone who believes he or she faces a genuine threat of deadly force can respond with deadly force.
The homeowner told police he believed Heenan was drunk and he was attempting to take him to his house down the street. He said Heenan had come at him and was pushing him backwards.
Ozanne said evidence, including witness statements, officer statements, physical evidence, State Crime Lab findings and Medical Examiner findings are consistent with each other.
There has been an increased level of scrutiny surrounding Heimsness because of his use of force in two separate incidents.
In 2006, Heimsness reportedly kneed and kicked a man he was arresting at a downtown bar, which the Madison Police Department determined was within reason for the situation. But the City of Madison settled a $27,000 deal with the man's attorney after witnesses said that he was intentionally struck in the head by Heimsness in the incident.
In 2001, Heimsness fired his gun, shooting out the front tires of a car in a university-area parking garage. Heimsness said he thought the driver was going to hit him. He was suspended without pay for 15 days for the incident.
Wray said since Heimsness was exonerated, none of the past incidents came into play in the investigation.