DPS officer cleared in shooting

The Department of Public Safety officer who shot and killed Kevin Nelson on Sept. 23 acted legally, the Washtenaw County prosecutor said this week.

The incident will be filed as a justifiable homicide. The DPS officer's name has not yet been released.

Joseph Burke, Washtenaw County chief assistant prosecutor, said the attorney's office reviewed and discussed the case.

"We looked over the autopsy report, the police report submitted in writing by the officer and the regular crime scene investigation," Burke said. "We read the interviews by all the witnesses at Northwood. All the information that was submitted corroborated with the officer."

According to the prosecutor's office, the officer shot Nelson when he was fatally stabbing LSA senior Tamara Williams. The officer in question approached Nelson and ordered him to put down his knife. Nelson did not comply with the demand, instead continuing to stab Williams in the back. The officer shot Nelson twice with nine millimeter bullets, ending Nelson's life.

It was the first time a DPS officer had fired a weapon while on duty.

When investigating cases of homicide by an officer, investigators look to ensure the shooting is justified. Burke said the Nelson shooting was clearly justified.

"The officer must have reasonable belief that the subject is a danger to other people or the officer," Burke said. "Sticking a knife in someone's back definitely creates a dangerous scenario."

If there is not sufficient evidence, the officer can face serious charges.

"Criminal penalties (would) be given," Burke said, referring to cases when an officer is not justified to shoot. "The officer (would) be accused of manslaughter or murder, and most likely taken off the force."

The prosecuting attorney's office sent a prepared memo to DPS Director Leo Heatley stating that the case was reviewed and that all data favored the officer.

DPS spokesperson Elizabeth Hall said the officer will soon be coming back from administrative leave.

"The officer was cleared," Hall said. "The case will be likely to be closed in the next few days, and the officer will be able to return to work."

The administrative leave period gave time for an internal DPS review, which ruled the officer's actions justified. The officer also received therapy for the stress and traumatic experience of killing a person. Officers can only return to work when the prosecutor's office is satisfied with its investigation, Heatley said.

Heatley said the officer followed standard procedure.

"The officer did what he was trained to do," said Heatley, adding that standard procedures will not be changed anytime soon. "We will review the policies and procedures to see if they are good enough. There is always room for change, but I can not think of what changes the officer could have done to alter the situation. The officer followed procedure."

Heatley said officers receive extensive firearms training.

"There is a lot of training on when to shoot and when not to shoot," Heatley said. "Every month officers have fire arm training. Twice a year, officers must qualify to be able to use the fire arm.

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