-Find Du Lac, WI -October 14, 2023. No criminal charges will be filed against a Fond du Lac County sheriff's deputy in a shooting where a man died and a K9 deputy was shot and seriously wounded. Fond du Lac County District Attorney Eric Toney released DCI's findings in the Oct. 14, 2023 disturbance in the 500 block of Drury Place in the city of Fond du Lac. "There is no basis to consider or issue criminal charges in this circumstance against Deputy Evans or any other law enforcement officer that assisted. I found his actions were privileged and self defense," said Toney during a news conference Monday afternoon. Toney said that night, a female victim escaped the residence and reported to law enforcement that she was sexually assaulted by 33-year-old Kyle Massie and she was being held against her will. The victim said Massie was armed. Fond du Lac County Sheriff's deputy Blaine Evans responded to the scene with K9 officer Iro. Toney says Evans spotted Massie in a vehicle and attempted to make a traffic stop with his sirens on. Massie's vehicle continued to turn around and drive back to the residence. A pit maneuver was used on Massie's vehicle as Massie pulled into the driveway and crashed through the partially open garage door. Toney says when Massie got out of the vehicle, Evans saw Massie pull out a long rifle from the vehicle. After verbal commands to drop the firearm were given and not complied with, Evans fired the first two rounds at Massie and K9 Iro was released into the garage. Massie fired his first shots at Iro. According to Toney, "That's when Deputy Evans is getting out of the vehicle, and then seeing Kyle Massie with the AR style weapon, giving him commands to stop, which he's not following. Deputy Evans fires the first two rounds, Kyle Massie had not yet fired, and then Deputy Evans sent Iro in into assist, and then Deputy Evans came under fire after Iro was hit as he was backing away." Evans later told investigators that he believes Iro saved his life by entering the garage and taking Massie's first shots, giving him an opportunity to reposition. At one point, Massie was struck by two of Evans' rounds. They were non-life threatening injuries, the medical examiner determined. K9 Iro was struck by three to five rounds by Massie and Evans was not hurt. During the shootout, Massie got back into the vehicle and drove out of the garage and slammed into Evans' squad car. That's when Massie shot himself. Aid was immediately rendered but Massie died. The medical examiner later determined Massie died from the self-inflicted gunshot wound. Iro was taken to a veterinary hospital and after many surgeries, is on his way to recovery. In total, Massie fired 11 rounds and Evans fired 45 rounds. Toney adds that Evans acted in self-defense and Massie was given plenty of opportunities to stop and comply. Sheriff Ryan Waldschmidt says he believes Massie left the residence after the victim escaped to hunt her down and there's no telling what Massie would have done if Evans did not respond to the call when he did. Evans, who has five years of law enforcement experience, was placed on administrative leave, per sheriff's department policy. The deputy will return to work, but it will only be part-time in patrol for the time being. Deputy Evans still takes Iro to therapy several times a week. As for Iro returning to full-time duty, Sheriff Waldschmidt said, "He's doing his thing and I think, honestly, if Iro could talk, he would say, 'What's the fuss? Let's get back to work, let's catch some bad guys, let's find some drugs, let's get back on the streets.' And that day, I'm confident will come that Iro will be able to do that."