Wray said the investigation is not complete yet. Once the investigation is complete, it will be forwarded to the Dane County district attorney.
Madison police said they're also conducting an internal investigation to determine if Heimsness's actions were in line with the department's policies and training.
Heimsness has been on the Madison police force for 15 years. Heimsness is treasurer of the police officers' union, and his biography lists him as a third-shift patrol officer in the central district, an assignment that has twice before put him in the center of controversy.
In 2001, Heimsness shot out the tires of a car driving recklessly in a campus area parking ramp.
Police reports said Heimsness and another Madison police officer were on routine bicycle patrol in the Francis Street and Lake Street parking ramps when a vehicle drove quickly up the ramp, driving fast and blaring loud music
Once it parked, the officers approached the vehicle. When they started talking to the driver, he began pulling out of the spot and hit Heimsness's bike behind the car.
The officers then drew their weapons and threatened to shoot, according to police reports.
The driver then turned his wheels toward Heimsness, who, in response, shot the driver's-side front tire, according to police reports.
As the car passed him and tried to get out of the garage, Heimsness fired another shot at the passenger's-side front tire, according to police reports.
Madison police concluded that Heimsness was in no imminent danger of death or great bodily harm and that he therefore violated department's policies and used excessive force. Heimsness was suspended for 15 days.
Then in 2006, Heimsness's alleged actions led the department to ultimately pay out $27,000 to settle a different case.
Heimsness and other officers responded to State Street Brats to break up a fight. Police records said that's where Jacob Bauer resisted police, and Heimsness kicked and kneed him several times.
Heimsness said he was trying to control Bauer and was aiming for the shoulders and torso.
Other witnesses mentioned in the police report said Heimsness administered intentional blows to Bauer's head.
The Madison Police Department concluded in its investigation that there were no alternatives to using that force.
The City Controller's Office said Heimsness used excessive force, but the District Attorney's Office again did not file charges.
Attorney Jeff Scott Olson, who represented Bauer, said he doesn't think a department investigating its own officer is likely to result in discipline.
"We almost never see anything come out of an internal police department investigation of its own officers," Olson said. "We also almost never see criminal charges lodged against a police officer for misconduct."
Olson added that each incident needs to be evaluated individually.
"From a practical standpoint, you don't like to see an officer who has a propensity for becoming out of control to be dealing with volatile situations on the street at night with a gun in his hand," Olson said. "But from a strictly legal analysis, you can't prove that somebody did something wrong by trying to prove they did a similar thing wrong in the past. The law doesn't permit that."
WISC-TV has requested disciplinary and training files for Heimsness, but they have not yet been released.
Residents in the near east side neighborhood said they were surprised by the police chief's comments Monday that Heenan grabbed at the officer who shot him.
"Musicians in general, we're generally not the violent types of people," neighbor Adam Isaac said. "We play music for the people. So, it's just terrible, a terrible tragedy."
The neighborhood is made of up musicians, middle class people and generally people who don't support violence, residents said.