The Berrien County Prosecutor’s office says a police officer-involved shooting in September was justified. The prosecutor has released the following report:
The purpose of this release is to announce the prosecutor’s factual findings, analysis, and conclusions concerning the use of force by law enforcement and criminal responsibility in the 9/30/21 death of Chaz McGowen.
ITEMS REVIEWED
The following materials were provided by the Michigan State Police and Berrien County Sheriff’s Office to the Berrien County Prosecutor’s Office for review:
- Police Reports with witness interviews
- 911 Calls from resident of the home and Chaz McGowen
- Body-worn Camera video footage from Deputies Huddleston and O’Dell[1]
- Scene Observations
- Autopsy Report
- Autopsy Photographs
- Toxicology Report
- Michigan State Police Crime Lab Reports
- Written Statements of Deputy Huddleston and Deputy O’Dell
FACTS
On 9/30/21, at approximately 10:34 p.m., Berrien County Dispatch received a 911 call for a complaint of a male with a knife at a residence in the 1900 Block of South 13th Street, Niles Township, MI. The caller, who lived at the residence, indicated to dispatch that Chaz McGowen was present at the residence, would not leave the residence after being requested to, and was in possession of a knife. The caller went on to indicate McGowen was acting aggressively and showed the caller the knife with a stabbing motion. The caller indicated she was scared for everyone in the house, McGowen was not in his right mind, McGowen had been in trouble previously for assaulting police officers, and that McGowen was going to do something if police came there.
Berrien County Sheriff’s Deputies Preston Huddleston and Doug O’Dell were dispatched to the residence for the call. Dispatch advised the deputies the female caller indicated the male with a knife was threatening the caller with the knife in a stabbing motion. Dispatch further advised the deputies the male’s name was Chaz McGowen, a twenty-eight year old male from Niles, MI Dispatch also advised McGowen has been assaultive with police officers in prior instances. Dispatch further advised there were other people at the residence.
Huddleston and O’Dell met with witnesses outside of the residence as they arrived on scene. Both deputies could hear yelling coming from inside the residence. Deputies were informed two more witnesses were still located inside the residence. Huddleston was using a less-lethal beanbag shotgun for making entry. O’Dell was using his service pistol to provide cover to Huddleston.
Huddleston and O’Dell announced that they were Sheriff Deputies and asked for McGowen to exit the residence and come outside. McGowen refused to exit and told the deputies to come inside. Huddleston and O’Dell asked multiple times for McGowen to come outside.
Huddleston and O’Dell made entry into the residence where they found McGowen and two other people, a male that lived at the residence and that male’s girlfriend. Huddleston ordered the two others to leave the residence for their safety, which they did. Huddleston and O’Dell made contact with McGowen as he was standing in the kitchen area of the residence. He was behind a half-wall that led out to the living area where Huddleston and O’Dell were located. (See Photograph 1) Huddleston and O’Dell were in close proximity to McGowen. Huddleston and O’Dell asked McGowen numerous times to show them his hands.
Several minutes into the encounter, McGowen picked up a knife. Huddleston and O’Dell asked repeatedly for McGowen to put the knife down. Eventually, McGowen put the knife down. The deputies continued to speak with McGowen, giving McGowen their badge numbers when he stated they were fake police officers, and told McGowen they just wanted to have a conversation and know what happened earlier.
McGowen informed the deputies that he had been to prison previously for assaulting the police. Huddleston informed McGowen that he wanted McGowen to go home safely. McGowen picked up a knife for the second time and was instructed by police again to put the knife down. McGowen told the deputies to shoot him. Huddleston asked McGowen to relax and take a deep breath and to put his hands up. Huddleston told McGowen that he wanted this to end peacefully. McGowen responded that he would “f–k you all up” and to “make your move.” Deputies again informed McGowen they did not want that and wanted this to end peacefully. McGowen went on to state the he was a “gangster” and had gone to jail for going “off the wall.” At some point during this exchange, McGowen put the knife down a second time.
McGowen picked up the knife a third time and was told repeatedly to drop the knife. McGowen began to move towards the deputies and was ordered not to come any closer. McGowen told to deputies to “shoot it bitch, I’m ready to die” and “let’s go.”
McGowen then began to hit items off the kitchen counter at the deputies and advanced toward the deputies with the knife in his left hand. Deputy Huddleston deployed a less-lethal round striking McGowen in the abdomen. McGowen then moved to the back of the kitchen area while still holding the knife. (See Photograph 2). He was instructed again with loud commands to drop the knife. Huddleston deployed a second round from the less-lethal beanbag shotgun, striking McGowen in the abdomen. McGowen still did not drop the knife. The deputies and McGowen were still in close proximity at this time.
McGowen then began to scream at the deputies and charged at them with the knife in his hand, rapidly closing the distance between the deputies and himself. (See Photograph 3) Deputies attempted to back up from McGowen. Huddleston dropped his less-lethal shotgun and drew his service pistol when McGowen was only feet away. Both Deputy Huddleston and O’Dell each fired four rounds from their service pistols at McGowen as McGowen advanced towards them with a knife and was within feet of them. Both deputies ceased firing when McGowen fell to the floor and did not appear to be a threat. Deputies immediately started to administer lifesaving medical treatment and calling for medics to be dispatched to the scene.
Throughout the encounter deputies instructed McGowen to show them his hands at least sixteen times. Deputies instructed McGowen to drop the knife at least thirty-seven times.
SUBSEQUENT INVESTIGATION
Immediately following the incident, the Michigan State Police were contacted and assumed jurisdiction of the scene to begin an investigation. This was done at the request of the Berrien County Sheriff’s Office. Michigan State Police 5th District Detective 1st Lieutenant Chuck Christensen was in charge of the investigation. He was assisted by numerous other detectives from the Michigan State Police.
The subsequent investigation included the Michigan State Police Crime Lab processing the scene and photographing the scene and collecting physical evidence. Detectives from the Michigan State Police interviewed police and civilian witnesses. In addition, Michigan State Police obtained video from the body-worn cameras of Deputies Huddleston and O’Dell as well as 911 dispatch calls.
MEDICAL EXAMINER’S INVESTIGATION
Chaz McGowen was transported to the Western Michigan Homer Stryker M.D School of Medicine where an autopsy was conducted on 10/1/21, by Dr. Joseph Prahlow, M.D. Dr. Prahlow noted the following injuries:
- Gunshot wound to the head
- Gunshot wound to the right cheek
- Gunshot wound to the left cheek
- Gunshot wound to the right shoulder
- Gunshot wound to the left chest
- Gunshot wound to the left chest
- Gunshot wound to the left arm
- Gunshot wound to the left hand
- Gunshot wound to the right hand
- Beanbag strike mark on the left hip
- Beanbag strike mark on the right groin
Dr. Prahlow opined the cause of death to be multiple gunshot wounds.
Further, McGowen’s blood and urine were tested to determine if any controlled substances were present. The Toxicology Report indicated the presence of methamphetamine, cannabinoids, and fentanyl metabolite in McGowen’s blood. The amount of methamphetamine was measured at 970ng/mL. As it pertains to methamphetamine, the report goes on to indicate “blood levels of 200-600 ng/mL have been reported in methamphetamine abusers who exhibited violent and irrational behavior.”
ANALYSIS AND CONCLUSIONS
Federal and Michigan law permit law enforcement officers to use force, including deadly force, in the performance of their duties to protect themselves or others. The degree of force used must be reasonable under the circumstances that are presented to law enforcement at the time.
What is reasonable depends on the facts of a particular situation. As courts have stated, “The ‘reasonableness’ of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight…police officers are forced to make split second judgements-in circumstances that are tense, uncertain, and rapidly evolving- about the amount of force that is necessary in a particular situation.” Graham v. Connor, 490 US 386; 109 Sct 1865 (1989).
In considering the facts of this case, it must be done considering the perspective of the deputies at the time of the incident. Deputies Huddleston and O’Dell were dispatched to private residence as a result of a 911 call reporting a male with a knife that had made stabbing motions toward a resident of the household where others were also present. Deputies Huddleston and O’Dell were further advised that the suspect was Chaz McGowen, who had been assaultive with law enforcement in the past.
Upon arriving on scene, Deputies Huddleston and O’Dell heard yelling from inside the residence and were informed two people were inside the residence with McGowen. Deputy Huddleston entered the residence with a less-lethal beanbag shotgun and Deputy O’Dell entered as backup with his service pistol drawn.
Deputies Huddleston and O’Dell made numerous attempts to diffuse the situation but were unable to calm down McGowen. Deputies informed McGowen they wanted this to end peacefully. McGowen was in possession of a knife and told the deputies he was a “gangster” and threatened the deputies that he would “f–k” them up and for the deputies to “make’ their “move.”
McGowen approached the deputies with a knife, and Deputy Huddleston deployed the less-lethal shotgun. After deploying another round from the less-lethal shotgun, McGowen rapidly advanced towards the deputies with the knife in his left hand as shown in the attached photographs. McGowen was within feet of the deputies when they were forced to use deadly force to protect themselves.
Throughout the encounter, deputies ordered McGowen to drop the knife at least thirty-seven times. They requested McGowen to show his hands to the deputies at least sixteen times. This was done to ensure the safety of both the deputies and McGowen. Based on the information known to the deputies at the time they responded, the statements of McGowen directed towards the deputies, and the actions of McGowen advancing on the deputies while armed with a knife, the deputies use reasonable force under the circumstances that were presented on 9/30/21. Their use of lethal force was legal, constitutional, and reasonable to immediately protect their lives and the lives of others.
Deputy Huddleston and Deputy O’Dell were justified in their use of deadly force to stop the immediate, extreme danger posed by McGowen. As a result, no further action will be taken by the Berrien County Prosecutor’s Office.
[1] Attached in this release are three still photographs from the body-worn camera of Deputy Douglas O’Dell. Chaz McGowen’s face has been obstructed for privacy purposes. The knife in McGowen’s possession has been circled in red.
