Executive Summary
- Thomas Burback was sentenced to 1.5 years in prison and 2 years of extended supervision.
- The defendant pleaded no contest to failure to comply and possession of a firearm while intoxicated.
- The incident involved Burback pointing a revolver at an officer, prompting the officer to fire.
- The District Attorney previously ruled the officer’s use of force was justified.
Thomas Burback, 54, was sentenced Wednesday in Eau Claire County Circuit Court to one and a half years in prison following a May 2024 confrontation in which he pointed a firearm at a police officer. The sentencing follows a plea agreement resolving charges stemming from the officer-involved shooting incident.
According to online court records, Burback entered a plea of no contest to one count of failure to comply with an officer’s attempt to take a person into custody and one count of possession of a firearm while intoxicated. As part of the judicial resolution, remaining charges against Burback were dismissed but read into the record for sentencing purposes. In addition to the prison term, the court ordered two years of extended supervision and one year of probation.
The conviction relates to a disturbance in May 2024 involving Eau Claire Police Officer Ariana Down Larson. Authorities reported that after Officer Down Larson responded to the scene, Burback pointed a revolver-style handgun in her direction. Law enforcement officials stated that the officer discharged her weapon twice in response to the threat. Burback sustained a gunshot graze to his back and was treated for non-life-threatening injuries.
In October 2024, the Eau Claire County District Attorney concluded a review of the incident, ruling that Officer Down Larson’s actions were appropriate and necessary under the circumstances. The investigation found that the use of lethal force was justified given the immediate danger posed by the suspect’s weapon.
Judicial Closure and Use of Force Protocols
This sentencing marks the final adjudication of a high-risk encounter between law enforcement and an armed civilian. The court’s imposition of prison time, followed by supervision, underscores the judicial system’s rigorous approach to incidents involving threats against public safety officials. While the legal process ensures the presumption of innocence for all defendants until a plea or verdict is entered, this case has now concluded with a formal conviction. The outcome also reaffirms the legal standards governing police conduct, specifically the authorization of force when officers face an imminent threat of death or great bodily harm.
