Former Flint officer charged with assault with intent to murder in Genesee Township shooting

A former Flint police officer has been charged with assault with intent to murder after an on duty shooting in Genesee Township.

Genesee County Prosecutor David Leyton announced Monday, July 20, that Corey Joseph Graves, 39, of Genesee Township, faces felony firearm and misconduct in office charges stemming from a Jan. 20 shooting investigated by Michigan State Police.

Graves was a uniformed Flint police officer on duty the night of Jan. 20, at around 9 p.m. He told his patrol partner that he had received a text message identifying the location of a man he had been searching for. Graves allegedly said the man had been involved in a recent felonious assault, had outstanding warrants and was trying to break into an apartment.

Graves and his partner traveled to an area near the Flint, Burton and Genesee Township boundaries. They allegedly found the man asleep inside a vehicle parked on the street.

According to the prosecutor’s office, Graves stood outside the front driver’s side window and repeatedly ordered the man to open the door. The man woke up, started the vehicle and began driving away.

Investigators allege Graves fired two rounds from his service pistol through the window from about 8 feet away. Bullet fragments struck the man in the shoulder, but he continued driving.

Authorities located him in Florida six days later and extradited him to Michigan on unrelated charges.

The state police investigation also alleges neither Graves nor his partner notified police dispatch about their search until after the shooting. Investigators further allege Graves had an ongoing personal dispute with the man and had arrested him more than six times during previous encounters.

The Flint Police Department said Graves’ employment was terminated April 6. The department said it cooperated with the state police investigation and would continue assisting as requested.

Graves was arraigned Sunday in the 67th District Court, according to court records. Bond was denied and a probable cause conference is scheduled for July 30.

The charges are allegations and Graves is presumed innocent unless proven guilty.

What does assault with intent to murder require in Michigan?

Michigan’s assault with intent to murder statute makes the offense punishable several years in prison up to and including life.

The current Michigan Model Criminal Jury Instructions require prosecutors to prove beyond a reasonable doubt that the defendant tried to physically injure another person, had or believed the defendant had the ability to cause injury and intended to kill, subject to applicable defenses or mitigating circumstances.

A criminal charge is not proof of guilt. Prosecutors must establish every element of each charged offense beyond a reasonable doubt.

Can a police shooting also support a federal civil rights claim?

Yes, depending on the facts of the case. Section 1983 of Title 42 allows a civil action against a person who, while acting under state authority, causes a deprivation of rights protected by federal law or the Constitution.

In Graham v. Connor, the U.S. Supreme Court held that force used during a seizure is evaluated under the Fourth Amendment’s objective reasonableness standard based on the circumstances. This takes the seriousness of the suspected offense, whether the person posed an immediate threat and whether the person was resisting or trying to escape into consideration.

In Tennessee v. Garner, the court held that deadly force generally cannot be used merely to stop someone from escaping unless the officer has probable cause to believe the person poses a significant threat of death or serious physical injury.

A criminal prosecution and a civil rights lawsuit are separate proceedings. Michigan tort claims involving government actors may also raise governmental immunity questions under MCL 691.1407, but that statute does not resolve a federal Section 1983 claim.

Get help from Michigan Legal Center

Michigan Legal Center is the Law Offices of Christopher J. Trainor & Associates. The firm handles civil rights, police misconduct and personal injury matters across Michigan.

People with questions about possible police misconduct or injuries involving law enforcement can contact Michigan Legal Center to ask whether the matter is within the firm’s practice.

There is no attorney fee unless money is recovered for you. Case costs and fee terms are governed by the written fee agreement.