The Ypsilanti Courier
A Heritage Newspaper
Weekly Publication
Officer cleared in shooting
Suspect had no weapon at time of shooting
By Kathleen R. Conat, Special Writer
PUBLISHED: May 3, 2007
A lengthy internal investigation by the Ypsilanti Police Department into the events surrounding the shooting of David Antjuan Ware, 29, in a Jan. 23 drug bust has cleared the officer involved and revealed more details of what happened.
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Officer Uriah Hamilton has returned to duty following a three-month leave, during which the shooting was investigated by the Michigan State Police, as well as Hamilton's own department. He is currently assigned to the Livingston and Washtenaw Narcotics Enforcement Team.
According to Ypsilanti Police Chief Matt Harshberger, the review was conducted to ensure the shooting happened in compliance with the department's Use of Force policy. The review automatically occurs when an officer discharges his or her weapon.
According to the report released by Harshberger, LAWNET was conducting a "buy-bust" drug purchase of crack cocaine. Prior to the actual purchase, LAWNET officers had been briefed about Ware, who had a history of criminal activity and was known to carry a handgun.
According to Michigan State Police officials and local law enforcement agencies, Ware had a history of contacts with police agencies, including but not limited to Ann Arbor, Washtenaw County, Van Buren Township, Monroe, Taylor, Ypsilanti Township and Ypsilanti. That history included arrests for felony assault and violations of concealed weapons law.
According to the Michigan Department of Corrections' Offender Tracking Information System, Ware was arrested on Aug. 18, 1996, in Washtenaw County and charged with the unlawful use of a motor vehicle. He was sentenced to prison on April 10, 1997, and discharged on Dec. 24, 1998.
Again, on May 18, 1999, in Monroe County, Ware was arrested for delivery or manufacturing of a controlled substance, cocaine, less than 50 grams. He was sentenced to prison on April 18, 2000, and released on Oct. 15, 2003.
In August 2005, LAWNET received information that Ware was performing narcotics trafficking at a location in Ypsilanti Township. The information also stated Ware had been observed with a handgun tucked in his waistband.
LAWNET subsequently executed a search warrant on the Ypsilanti Twp. Location where they recovered more than three pounds of powder cocaine, 10.15 ounces of crack cocaine, $4,500 cash and a Jennings .9mm handgun.
In addition, Ware, who used the name "Yung Dizzy" as a rapper, had performed in music video called "Garden Boyz - Comeback by Yung Dizzy." In that performance, Ware pulled a handgun from his waistband multiple times and appeared to be cooking crack cocaine while singing about making the drug and selling it on the street while protected by his "baby nine," according to reports.
Events of Jan. 23
Having been briefed on this information prior to the operations, the LAWNET officers readied for the buy-bust. The following account tells of events that happened in a matter of seconds:
n After changing the location of the purchase several times, Ware and his accomplice, Maurice T. Moore, 25, agreed to meet with Hamilton and an informant in the parking lot of the Keg Party Store, 534 N. Huron St. in Ypsilanti. There, the purchase of crack cocaine was successfully completed.
n LAWNET officers moved in to make the arrest. Moore, who was driving, accelerated the suspects' vehicle at Samuel Wallace, a Washtenaw County Sheriff's deputy also assigned to LAWNET. Wallace fired his service weapon three times as he was diving out of the way.
n A LAWNET vehicle, driven by another LAWNET officer, was able to block the suspects' vehicle; however, both suspects were able to exit their vehicle.
Moore, who had been grazed by one of Wallace's shots, complied with commands from officers and was apprehended without further incident.
n At the same time, Ware threw down a plastic bag containing a sizeable amount of suspected cocaine and took off running, pursued by Hamilton and followed by two other LAWNET officers.
Ware fled south on Huron Street, then west on Arcade. Hamilton yelled, "Police! Don't make me shoot you!"
n According to all accounts by the pursuing officers, Ware turned toward Hamilton with his hand reaching into his waistband. Thinking Ware was going to pull a handgun and believing his fellow officer, Wallace, had been shot, Hamilton fired his service weapon one time at Ware.
Ware proceeded a short distance further on Arcade St., then again turned toward Hamilton with his hand at his waistband. Hamilton, believing Ware to be armed and about to shoot him, shot Ware two more times.
n Ware then fell to the ground, having been shot three times by Hamilton. In his left hand, he was clenching the money used by LAWNET to purchase the cocaine. No weapon was found on him.
Ware was transported to St. Joseph Mercy Hospital, where he was pronounced dead.
Autopsy results
Washtenaw County Medical Examiner Bader Cassin, in his autopsy report, said only one of the three wounds, the one to the right upper back, was fatal.
The bullet that made the wound entered at the right side of the upper back, traveled left through the spine, tore the left subclavian artery at its aortic root, struck the left first rib and was diverted into the left upper lung. Cassin said he believes this was the first shot fired by Hamilton.
Cassin also said in order for the bullet to strike Ware in this location and follow that trajectory, he had to have been turned to look over his right shoulder or turned to his right to look behind him. This is consistent with the officers' statements that Ware had turned back toward Hamilton.
Cassin said the other two bullets entered from the front, meaning Ware had to have been facing directly toward Hamilton when he was struck. Toxicology reports show Ware to have had marijuana in his system at the time of death.
Kathleen Conat is a longtime Ypsilanti resident and freelance writer for The Courier. She can be reached through editor@ypsilanticourier.com.
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