A prosecutor says an Eaton County man had a blood alcohol level of .19 and had marijuana and anti-depressants in his system when he drove his pick-up truck at two deputies and told them to “shoot my a**.”
Deputies fired 16 bullets at the man, 64-year-old Robert Smith. Officials say one of those bullets hit Smith in the head, killing him.
Ingham County Prosecutor Carol Siemon says the two deputies won’t be charged with his death. She handled the case instead of the Eaton County prosecutor to avoid a conflict of interest.
The whole thing happened on November 28, 2017, when the deputies went to Smith’s house to serve an arrest warrant and search his house.
Siemon says Department of Natural Resources officers had arrested Smith two days before for drunk driving. Those officers found a gun on Smith, who apparently told them he wouldn’t be afraid to use it and that he had nothing to lose.
Along with the drunk driving, that prompted charges of being a felon in possession of a firearm, possession of marijuana, and open intoxicant in a motor vehicle.
The deputies say they tried to arrest Smith, who was behind the wheel of his pick-up truck, but when they told him to stop, he yelled at the deputies and tried to ram them. The truck hit a patrol car, which then hit an unmarked police car.
The two deputies fired 8 rounds each at the pick-up truck as it was coming at them.
One of them hit Smith in the head, killing him.
“A review of the body camera footage clearly shows that these Deputies were under direct assault and used reasonable force under those circumstances,” Siemon said in a statement. “Based on a review of the police reports and the body camera footage, we find that there was no other reasonable means to avert the threat of Mr. Smith and his vehicle.” avert the threat of Mr. Smith and his vehicle. As such, no criminal charges will be pursued against either Deputy.”