GRAND RAPIDS, Mich. — The Grand Rapids police officer who fatally shot Da'Quain Johnson just over six weeks ago will not face any charges tied to that shooting. The other officer on scene at the time of the shooting was also cleared by Kent County Prosecutor Chris Becker.
The decision to rule the deadly use of force as justified, came Thursday afternoon during a press conference six weeks after Johnson died from his injuries. As FOX 17's Sam Landstra reported, decisions on charges regarding officers' use of deadly force have often taken six weeks.
Becker cited findings that Johnson was armed with a loaded gun, which Becker said Johnson pointed at an officer during the struggle.
An audio recording of officers relaying information from a confidential informant, who told police Johnson was traveling around the southeast side of the city with a gun. Officers used that tip to locate Johnson near Miss Tracy's Liquor Store.
Becker then played multiple video recordings of the the pursuit and struggle between Johnson and officers. Among the new videos included a recording from a security camera at the apartment complex where officers caught up to Johnson.
Also shown was video from the dash camera of one Grand Rapids Police Department cruiser and the body camera from one officer, both of which had been partially released by the department in February. Becker walked through those videos, highlighting how Johnson's hand positioning would indicate he was reaching for something on his right hip. After officers shot Johnson, the gun can be seen in the videos fall out of Johnson's right hand.
In his explanation, Becker said the officers acted within Michigan law to use deadly force against a person armed with a deadly weapon. The prosecutor expressed his belief that no jury would be convinced the officers should be convicted of charges when they were effectively acting in self-defense.
City leaders from Grand Rapids issued statements in the wake of Becker's announcement.
“I understand this news evokes strong emotions, especially for those that have been directly impacted by this incident," said City Manager Mark Washington. "There are some in the community who are grieving Mr. Johnson's death and the investigative outcome."
“The loss of Mr. Johnson remains a profound tragedy, and I continue to mourn alongside his family," said Mayor David LaGrand. "My commitment to transparency and the highest professional standards does not end with this decision. I will continue to evaluate our policies and practices to ensure the safety of all as I remain acutely aware of the dangerous nature of police work and the split-second decisions officers must make in the interest of public safety."
Interim Police Chief Joe Trigg said with the criminal investigation now finished, the department's internal review will begin. That probe will look at whether the officers followed department policy.
"Police work often requires officers to make life-altering decisions in a matter of seconds under high-stress conditions," said Trigg. "I want to thank our officers for the immense professionalism they have shown while serving our residents through this period of scrutiny. We will continue to operate with transparency and hold ourselves accountable as we work to maintain the safety and trust of the Grand Rapids community."
The investigation timeline
Johnson was pursued by officers while he was riding his bike on the southeast side of Grand Rapids on February 18. Dash camera footage released by the Grand Rapids Police Department shows Johnson slipped while trying to dismount his bike in the parking lot of an apartment complex near MLK Jr. Street and Eastern Avenue.
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A police K9 first reached Johnson, appearing to bite him on the arm, before two officers moved in, the video showed. The officers did not get the 32-year-old to comply with orders to show his hands, with one officer shouting he had a gun seconds before shooting Johnson multiple times.
The medical examiner determined Johnson died as a a result of the action of another human being, which is the definition of homicide. That ruling does not determine whether the killing was justified or criminal.
Doctors declared Johnson dead at 12:11 a.m. on February 19 in the hospital's operating room, matching the narrative provided by police later that day. The medical examiner noted the only wounds that contributed to his death were gunshot wounds to his back.
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The officers involved in the situation were put on administrative leave.
Michigan State Police handled the investigation of the shooting. Detectives turned over initial findings to the Kent County Proseuctor's Office on March 3, but Becker told FOX 17 his office had several follow-up questions that needed more details from state police.
According to the Michigan State Police report, obtained by FOX 17 through a records request, the officers had been chasing Johnson, who was riding a bicycle, with the belief he was "likely armed with a handgun."
While GRPD has released portions of body and dash camera video from the pursuit and subsequent shooting, the state police report notes "parking lot surveillance cameras" also captured the deadly incident.
VIDEO: Police report details findings in deadly officer-involved shooting
In a review of this footage, an MSP detective said Johnson, who fell to the ground after dismounting from his bicycle, appeared "to reach into his right hip area with his right arm before being tackled by a GRPD K9."
During the struggle, the detective said Johnson's "right elbow" then appeared to "flare outward," a motion "consistent with pulling an object from his waistband."
In body camera video, officers can be heard telling Johnson to "let it go" and "drop the gun." Then, seconds after he fired the fatal shots, one of these officers claimed to have seen the barrel of Johnson's gun pointed at his face.
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According to the MSP report, the Grand Rapids Police Department later recovered a tan and black 9mm pistol on the ground near Johnson's body, loaded with "eight rounds in the magazine and one round chambered."
The report also said, while attempting life-saving measures, healthcare workers found on Johnson's body a plastic bag containing around 10 grams of suspected crack cocaine.
On March 20, Johnson's mother, Angelica Johnson, spoke on her son's death during a virtual press conference with her attorneys.
"I will not let his legacy be remembered in a negative way," she said. "He will not be defined by past mistakes or what assumptions people want to make about things they have not facts about."
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Her attorneys also played an additional angle of the shooting captured by a bystander and used it to claim Johnson did not point a gun at officers.
The video has not been independently verified by FOX 17.
"There is no law anywhere in our country that says because an individual has a gun and it's loaded, it means they can be murdered or they can be shot — unless they pose an imminent threat to somebody else," attorney Ven Johnson said.
"They try to make the rules so different when it's our children they kill," attorney Ben Crump said. "I mean, think about all the people in America who have drugs on them. Do they deserve the death sentence?"
