June 2024. Blues Vol 40 No.6

GUEST COMENTARY police

GUEST COMENTARY police law news Daniel Carr Officer Involved: Samuel Sterling The business of tracking down and apprehending violent, combative offenders is dangerous for both police officers and suspects. The level of dangerousness immediately decreases in exact proportion to the increased cooperation of suspects. The actions of police officers are often taken in response to the level of resistance that they face. Since police officers sometimes make tactical errors or misjudge obstacles in real time dynamic situations - the odds of a negative outcome increase the more brazen the selfish criminality. SAMUEL STERLING WHAT HAPPENED Samuel Sterling was an aspiring rapper. He was also a convicted violent felon that had absconded from probation. Both the feds and local police were looking for him. On April 17, 2024 Michigan State Police officers located Mr. Sterling in a parking lot in Kentwood, Michigan. The officers attempted to arrest Mr. Sterling and he fled on foot instead of cooperating like a decent person. Officers engaged in a pursuit and issued commands for Mr. Sterling to “stop” and also provided a warning that he would be “tased” if he did not cease fleeing. Mr. Sterling ran towards a Burger King restaurant and it was 26 The Blues - June ‘24 there that the foot pursuit came to an end, and with it, Mr. Sterling’s life. USE OF FORCE In conjunction with officers pursuing Mr. Sterling on foot - an unmarked/undercover police SUV (that was driven by a State Police Sergeant) was following/ paralleling Mr. Sterling. As Mr. Sterling approached the entrance to the Burger King - the SUV collided with Mr. Sterling and pinned him between the vehicle and the building. Officers rendered air and called for rescue to the scene, but Mr. Sterling sustained a fatal injury. USE OF FORCE CONSIDER- ATIONS Utilizing a moving police vehicle to stop a suspect from running would be classified as deadly force. A police officer is only justified in using deadly force if there was a reasonable belief that the suspect posed an imminent threat of death of great bodily injury to the officer or another. A police officer cannot “crash” into a suspect only because they are fleeing. If a police officer could articulate a reasonable belief that a suspect fleeing was “armed and dangerous” and posed a danger to a specific victim and the only way to stop the threat was with deadly force - then it is possible that using a vehicle as a deadly force option would be objectively reasonable. USE OF FORCE ANALYSIS There is no evidence that Mr. Sterling was armed, dangerous, or posed an imminent danger to anyone. It appears that Mr. Sterling was running away from police officers. The intent of Mr. Sterling was to evade police. There is no evidence to suggest that Mr. Sterling held the intent or pos-

sessed the ability to harm others. Therefore, this was not a reasonable use of deadly force. This is obvious. The more interesting question is whether or not this was intentional or accidental. Did the police Sergeant intentionally crash into Mr. Sterling as he was running? Did the police Sergeant attempt to “cut off” Mr. Sterling so that he could not enter the restaurant and he misjudged that maneuver? Did the vehicle slide on the wet pavement as the Sergeant tried to stop? Absent relevant information that has not been made public - an intentional use of the vehicle to stop Mr. Sterling would not be reasonable. THE AFTERMATH The Michigan State Police have placed the Sergeant on unpaid leave - while the Michigan Attorney General’s Office determines if charges will be filed. The “unpaid” portion of this is abnormal and provides some insight on what the State Police brass think about this case. Michigan Governor Gretchen Whitmer has called the death “unacceptable” and stated, “In light of video footage showing a departure from MSP protocols and the high standards of the department, my expectation is the State of Michigan will take steps to terminate the trooper’s employment if criminal charges are issued.’ The attorney for Mr. Sterling’s family has stated that he expects the Sergeant to be prosecuted. An attorney representing the Sergeant stated that he is “heartbroken” and “wants the family to know that he had no intention of purposely harming Mr. Sterling.” NEW RULE (JUST A PROPOSAL) If a suspect flees, resists arrest, fight with police, etc… And that results in death or injury of the suspect. If the police officer is subsequently convicted of a crime in the case. The sentence for the officer should AT MINIMUM be cut in half - as the illegal actions of the suspect were the proximate cause. FINAL THOUGHTS In the light most favorable to the Sergeant, his actions were negligent. In the light being painted by anti-police activists, his actions were reckless and intentional. It is clear that the Sergeant did not intend to use deadly force to stop Mr. Sterling from running. It is also not clear why the Sergeant was the lead vehicle - instead of directing resources and operating as a scene manager. It is simple to say that this all could have been avoided if Mr. The Blues - June ‘24 27