The Ypsilanti Courier
A Heritage Newspaper
Weekly Publication
No charges will be filed against officers
Incident was ruled 'justifiable homicide'
By Kathleen Conat, Special Writer
PUBLISHED: February 15, 2007
No criminal charges will be filed against two area law enforcement officers whose actions resulted in the fatal shooting of a suspect they were attempting to arrest and the wounding of his accomplice.
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Washtenaw County Prosecutor Brian Mackie determined the shootings were justifiable under Michigan criminal law.
The two officers were working on assignment to the Livingston and Washtenaw County Narcotics Enforcement Team when the incident occurred Jan. 23 in the area of 534 N. Huron St. A team of undercover officers, accompanied by a uniformed Washtenaw County deputy sheriff, were staked out for a planned undercover purchase of a large amount of crack cocaine.
According to Mackie's report, Maurice Moore, 25, of Ypsilanti Township, was driving the suspects' vehicle as the transaction began and officers moved in to make the arrest.
Sheriff's Detective Samuel Wallace approached the vehicle wearing a sweatshirt that read "POLICE" in large letters across the chest. He pointed his service weapon at the vehicle, loudly identified himself as a police officer and ordered the driver to stop.
Moore then accelerated the car at Wallace. As the officer jumped out of the way, he fired three shots into the vehicle, two of which penetrated the car, grazing Moore, although he was not seriously injured.
Moore then tried to flee on foot, but was struck by an undercover LAWNET vehicle that had arrived to block the suspect car. Moore was arrested.
The passenger of the vehicle, later identified as the primary suspect, David Eugene Ware, 29, of Taylor, fled south on Huron Street and turned west onto Arcade Street. Three LAWNET officers gave chase.
Two of the pursuing officers yelled at Ware, "Stop. Don't make me shoot you." Ware, however, didn't stop and was then shot by Ypsilanti Police Officer Uriah Hamilton.
Ware was transported to St. Joseph Mercy Hospital by Huron Valley Ambulance, where later he was pronounced dead.
Washtenaw County Medical Examiner Bader Cassin determined Ware was shot three times, once each in the leg, groin and back. The shot to the back killed him, Cassin determined.
Mackie said Michigan criminal law allows police officers to use deadly force to protect themselves or others from an immediate threat of death or great bodily harm, or when necessary to stop the flight of a felon.
He cited the court case People v. Couch, a 1990 Michigan ruling that examined the earlier United States Supreme Court case of another case, Tennessee v. Garner of 1985.
In People v. Couch, the Michigan Supreme Court determined the Garner decision did not change the long-established tenet of Michigan criminal law that killing a fleeing felon when it is necessary to prevent escape is justifiable homicide.
"Michigan criminal law has never, and does not now require an officer to gauge the dangerousness of the felon when making the decision to use deadly force," Mackie stated in his report.
Mackie said Wallace discharged his weapon in a lawful action of self-defense and a justified effort to stop fleeing felons from making good their escape.
Mackie said Hamilton shot and killed Ware in an effort to prevent the escape of a fleeing felon.
He noted that Ware was fleeing the scene of a felony drug transaction where a fellow officer had been attacked with a car in which Ware had been riding.
He also noted that LAWNET officers had positive information that Ware had possessed firearms in the past.
Moore remains in the Washtenaw County Jail on a $300,000 bond, charged with six felonies, including assault with intent to murder an undercover police officer.
Hamilton and Wallace remain on administrative leave pending internal investigations by their home agencies.
Kathleen Conat is a long-time Ypsilanti resident and freelance writer for the Courier. She can be reached through editor@ypsilanticourier.com.
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