Davison Senior Prank With Water Gun Nearly Leads to Police Shooting, Officials Warn

A senior prank in Davison Township nearly cost a student his life after police body camera footage captured the moment he surprised an officer with a water gun, officials said.

According to Davison Township Police Chief Jay Rendon and Davison Community Schools, an unnamed Davison Township police officer was responding to a 911 call for suspicious activity when he found a parked vehicle that reportedly did not belong to anyone in the area. The officer then noticed an open fence at a nearby residence and began checking the area for a possible break-in or burglary in progress.

As the officer walked near the parked vehicle and fence, a local teenager jumped out and pointed a water gun at him, according to officials. In the dark, the object was not immediately identifiable as fake. The teen sprayed the officer with water before the officer assessed the situation, determined there was no real threat, and disarmed him.

"He just had a fantastic reaction not to fire and shoot this kid," Rendon said. "He had milliseconds to make that decision."

Rendon said no one was injured, but a shooting would have affected not only the student's family, but also the student body, school system, community, and police department.

Davison Community Schools said police have received other reports related to the senior "water wars" game, including speeding, trespassing, and disruptions to local businesses. In a letter to parents of seniors, Superintendent Matt Lobban said the district was "very concerned that someone is going to get seriously hurt - or worse" if students continue the game.

The district said it has cautioned students through daily announcements and DTV newscasts that these behaviors can be reported to police and may lead to more serious consequences. After the incident, the district strongly encouraged students to stop playing water wars before a seemingly harmless senior prank ends in tragedy.

Rendon suggested that if students continue playing, they should move the game to a planned, well-lit location and notify police in advance. He also urged students to use bright, neon-colored water guns that are easy to identify and to avoid playing at night. According to Rendon, black plastic guns, even those with orange tips, may not be easy to identify as fake in a high-stress situation.

Could a Michigan Student Face Charges for Pointing a Realistic Water Gun at Police?

Potentially, yes, depending on the facts and the charging decision.

Michigan's brandishing statute, MCL 750.234e, prohibits willfully and knowingly brandishing a firearm in public. Michigan law defines "brandish" as pointing, waving about, or displaying in a threatening manner with the intent to induce fear in another person under MCL 750.222.

Because this incident involved a water gun, an attorney or prosecutor would need to review whether that statute fits the facts. But the appearance of the object still matters. If a toy or water gun looks like a real firearm in the dark, that can affect how police perceive the threat and what other criminal statutes or local ordinances might be considered.

Michigan law also separately addresses conduct involving police officers. Under MCL 750.81d, prosecutors can review whether a person assaulted, battered, wounded, resisted, obstructed, opposed, or endangered an officer performing official duties. Whether that applies to a prank depends on what happened, what the officer knew at the time, and whether the conduct created danger or interference.

How Would Police Use of Force Be Reviewed If a Shooting Had Occurred?

If an officer-involved shooting had occurred, the legal review would be fact-specific. It should not be described as automatically justified or automatically unlawful.

Under Graham v. Connor, police use of force during a stop, arrest, or seizure is reviewed under the Fourth Amendment's objective-reasonableness standard. That review looks at the facts and circumstances confronting the officer at the time.

That matters here because officers are allowed to respond to what reasonably appears to be a threat in the moment. If a person suddenly points what looks like a gun at an officer in the dark while the officer is investigating a possible burglary, those facts would matter. But any legal review would still look at the full evidence, including body camera footage, lighting, distance, warnings, what the officer could see, and what the officer knew at the time.

Talk to a Michigan Civil Rights or Injury Attorney

Michigan Legal Center reviews police use-of-force, civil rights, personal injury, and serious accident cases throughout Michigan. If an encounter with police leads to injury, death, disputed force, or questions about body camera evidence, an attorney can evaluate the facts, preserve evidence, and explain the civil claim issues.

Call (248) 886-8650 or contact Michigan Legal Center for a consultation. No attorney fee unless we recover money for you. Case costs and fee terms are governed by the written fee agreement.

Sources

• Davison Township Police Chief Jay Rendon statements, as reported in the source material supplied for this article.
• Davison Community Schools parent letter, as quoted in the source material supplied for this article.
• MCL 750.234e
• MCL 750.222
• MCL 750.81d
• Graham v. Connor, 490 U.S. 386 (1989)

Legal Disclaimer

This article is for general informational purposes only. It is not legal advice and does not create an attorney-client relationship. Criminal charges, school discipline, police use-of-force review, civil rights claims, and injury claims all depend on the specific facts, available evidence, and current law. If you need advice about a specific situation, speak directly with a licensed Michigan attorney.