Kalamazoo police officers placed on leave after man dies following 10-hour standoff
Eight Kalamazoo officers were placed on administrative leave after a 36-year-old man died in a confrontation with officers Friday.
Michigan State Police are investigating the 10-hour standoff that led to a shooting and investigating whether the man was killed by officers or a self-inflicted gunshot wound.
Kalamazoo County sheriff’s deputies were called to the 16000 block of East Augusta Drive at about 4:20 p.m. Friday, July 10, after a woman reported that a man had pointed a gun at her earlier that day.
When deputies arrived, the man’s father told them his son appeared to be experiencing a mental health crisis. Officers saw the man leave his home, yell incoherently at deputies and go back inside, according to the Kalamazoo County Sheriff’s Office.
Deputies established a perimeter because of the reported assault and concerns about other people inside the home. The sheriff’s office said the man then fired several rifle rounds at deputies without warning.
No deputies were hit. Deputies returned fire while moving to cover.
The Kalamazoo Metro SWAT and Hostage Negotiation teams were called to the scene. At least four people were initially inside the home, including the armed man. The other occupants were eventually able to leave safely and provide information to authorities.
Negotiators spent about 10 hours attempting non-lethal tactics including trying to persuade the man to surrender, but he stayed inside.
When he started shotting at officers again from an upstairs bedroom window, they returned fire.
After entering the home, first responders found the man and attempted lifesaving measures, but he was pronounced dead at the scene.
Kalamazoo County Undersheriff Michelle Greenlee said investigators had not determined whether the fatal wound came from officers’ return fire or was self-inflicted.
No officers or other occupants were injured.
Ross Township Police Chief Martin Brown said officers had previously responded to the home during disputes involving the man and members of his family. Brown said officers had usually been able to calm him during those earlier encounters.
Five Kalamazoo Department of Public Safety officers assigned to the Metro SWAT team and three Kalamazoo County sheriff’s deputies were placed on administrative leave.
The departments described administrative leave as standard procedure following a critical incident. Placement on leave does not determine whether an officer’s conduct was justified.
The Kalamazoo County Sheriff’s Office will conduct an internal review while Michigan State Police conduct the external shooting investigation.
How is police deadly force reviewed in Michigan?
When police officers use deadly force, the incident is always investigated and reviewed under standards set by the Fourth Amendment. When judging the actions of officers courts generally must consider the facts and circumstances confronting officers instead of judging their decisions with hindsight. As established in Graham v. Connor by the U.S. Supreme Court.
The analysis can include the seriousness of the reported crime, whether someone posed an immediate threat, whether the person was resisting or attempting to flee and what officers knew when force was used.
Deadly force may be considered reasonable when an officer has probable cause to believe someone poses a significant threat.
Does a reported mental health crisis change the deadly force standard?
Yes. But it does not create a separate standard for use of force.
An investigation may consider what officers knew about the person’s condition, how much time was available, what communication occurred and whether officers attempted other reasonable ways to resolve the incident.
A mental health crisis does not make deadly force automatically lawful or unlawful. The immediate threat remains important. Officers are not prohibited from responding to an armed person who presents a serious danger, but the full sequence and the reasonableness of each use of force must still be reviewed.
Can a family bring a civil rights or wrongful death claim after a police shooting?
Yes. If the evidence supports the claim, the personal representative of an estate may be able to pursue a federal civil rights or Michigan wrongful death case.
Title 42 U.S.C. Section 1983 allows claims against state or local officials who violate federal rights while acting under government authority. A police shooting claim may involve the Fourth Amendment if an officer’s force was objectively unreasonable.
A city or county is not automatically responsible for an officer’s conduct. Municipal liability generally requires proof that an official policy, widespread custom or failure to train caused a constitutional violation.
Michigan governmental immunity can also limit state law claims. Government agencies and employees generally have broad immunity when performing governmental functions, subject to the law’s requirements and exceptions.
Get help from Michigan Legal Center
Michigan Legal Center is the Law Offices of Christopher J. Trainor & Associates. Our attorneys help injured people and families across Michigan with personal injury, civil rights, police misconduct, serious injury claims and wrongful death cases.
If you or a loved one was injured during an encounter with law enforcement, call (248) 886-8650 or contact Michigan Legal Center for a consultation.
There is no attorney fee unless money is recovered for you. Case costs and fee terms are governed by the written fee agreement.
Learn more through Michigan Legal Center’s guides to police brutality and excessive force claims and Michigan police misconduct cases.