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Worthy Ruling on Kevin Matthews Shooting 12-21-2016 by MLive.com on Scribd

Worthy Ruling on Janet Wilson Shooting 12-21-2016 by MLive.com on Scribd

On a chilly morning in Detroit, attorneys for the family's of two people killed by Dearborn police officers over the last year walked into the Frank Murphy Hall of Justice. 

They boarded elevators to the 12th floor and exited to meet with Wayne County assistant prosecutors.

There they learned Wayne County Prosecutor Kym Worthy will not charge Dearborn police officers who shot and killed Kevin Matthews, 35, on Dec. 23, 2015; or Janet Wilson, 31, on Jan. 27, 2016.

She said the use of fatal force appeared justified in each case. 

Worthy said in a statement Wednesday:

Our goal is to make sure that we make just decisions according to the applicable law. These decisions were particularly difficult and heart wrenching for all parties involved, including me. We take our responsibility very seriously and both cases had many issues to investigate. This added significant time to our ability to come to just decisions. We interviewed numerous witnesses, reviewed reports, analyzed all the physical evidence, police training materials, medical records, and consulted with multiple experts. Thoroughness takes time.

After careful analysis we have concluded that we cannot prove the Matthews case beyond a reasonable doubt because of the laws of self-defense. We also cannot prove the Wilson case beyond a reasonable doubt because of the law of self defense, the law of defense of others and the law regarding apprehension of a fleeing felon.

Worthy's assistant prosecutors told attorney Milton Greenman, along with the relatives of Matthews, whom he represents, the investigation didn't yield enough evidence to warrant criminal charges. 

The Wayne County Prosecutor's Office found Matthews reached toward the officer's firearm during a struggle. The officer was trying to stop Matthews, who was on foot, and he disobeyed orders prior to his death, police said. 

"The struggle ended in the driveway when Mr. Matthews, while standing over the officer, pulled the ammunition magazine from the officer's duty belt, which was positioned next to his firearm," Worthy's office said in the decision not to charge. "The officer, still on his back, fired nine shots from his weapon which struck and killed Mr. Matthews."

The officer who shot Matthews spotted him walking while conducting an unrelated traffic stop about 1 p.m. Dec. 23, 2015. About 1:50 a.m. earlier that day, a belligerent Matthews was recorded on video steeling a Red Bull energy drink from a gas station and escaped Dearborn police, the Prosecutor's Office said. 

According to the Prosecutor's Office, the officer was aware of the theft, as well as an outstanding warrant Matthews had in another jurisdiction. He intended to arrest Matthews.

"There was no discussion about the actual shooting, there was no discussion about the nine bullets shot into his body but there was in fact a struggle and the officer likely was going to suggest self-defense," Greenman said after meeting with assistant prosecutors Wednesday. " ... I have had contact with witnesses myself where the last words stated before Kevin Matthews was shot and killed was, Kevin Matthews saying, 'Stop it, stop it' -- and then the bullets."

Worthy didn't attend the meeting with Greenman or Matthews' relatives.

Greenman said his clients are unhappy with the decision and the delay in reaching it. 

Worthy's office shared their decision two days prior to the year anniversary of Matthews death. 

Police said Wilson was disobeying orders to stop her car after causing a disturbance at Fairlane Town Center mall in Dearborn when she was fatally shot.

The Wayne County Prosecutor's Office said three officers were outside Wilson's vehicle when they caught up to her outside the mall parking lot.

One officer "was repeatedly pounding on the driver's side window, telling her to unlock the door and turn the car off."

She did not obey, according to police, and began to drive forward, toward another officer, who was positioned in Wilson's path.

The officer "began to step away from Ms. Wilson's vehicle and shot three times through the front windshield on the passenger side and one time through the passenger side car window," Worthy's office said. "Ms. Wilson continued to drive forward until she slowly lost control. he car began to drift until it was stopped by the patrol vehicles."

Worthy's office didn't name Wade or Matthews' shooter in the statements released.

A. Vince Colella, an attorney and partner with Southfield-based Moss & Colella, responded to Worthy in a statement issued Wednesday afternoon.

"Today marks another dark day in the criminal justice system," Colella said. "Janet Wilson's family is deeply disappointed in the prosecutor's decision and disagrees with her analysis of the evidence, notably the discrediting of valid eyewitness testimony. " ... The Michigan state police thoroughly investigated this case and, fully aware of the elements that must be established to obtain a conviction, verbally told me months ago that they recommended charges be filed against the officer."

In response to Colella's statement, State Police Lt. Mike Shaw said: "We don't recommend charges; that's up to the Prosecutor's Office."

Attorney Neil Rockind, who's' assisting Colella with the civil lawsuit, said: If the shooter hadn't been wearing a uniform, "he'd be charged. This is particularly true where the officer involved has a documented history of excessive force and inappropriate behavior, as Wade does."

Wade has previously been the subject of internal police investigations related to the injury of an alleged drunk man being escorted to jail Dec. 27, 2014; the arrest of four people at Fairlaine Town Center mall April 9, 2015, whom security kicked out and claimed might have a gun; and a near-collision while trying to stop a fleeing vehicle April 1, 2012.

"Prosecutor Worthy's decision not to charge is another example of how the criminal justice system is ill-equipped to deal with fatal police shootings and rogue police officers who use excessive force against citizens," Colella said.

Wilson's family filed a $10-million-plus wrongful death lawsuit against Dearborn and Wade. 

"The criminal justice system has obstacles that protected the officer involved in this case," Colella said. "The federal legal process, where this case is headed now, does not. Justice for Janet will be obtained with or without the help of the State of Michigan or Wayne County." 

Both Wilson and Matthews were unarmed and suffered from schizophrenia or other mental illness, according to relatives. 

The family of Matthews also filed a civil lawsuit asking for $10 million or more from Dearborn and the officer who opened fire. 

Matthews was struck by nine bullets, Wilson at least four. 

"The pattern of shooting shows different directions, some front, some to the side, and I do understand that there's been a suggestion issued soon after the shooting ... that Kevin Matthews was the proverbial, 'Going for my gun," Greenman of the Thurswell Law Firm said in October. "Going for my gun doesn't result in nine gunshot wounds from different directions into the body of an unarmed civilian."

Dash-cam footage hasn't been released in either shooting. 

Worthy said there was little useful dash-cam footage of the Matthews shooting, only about a 10-second clip of the officer chasing Matthews prior to the struggle and shooting, and no audio.

"The video shows (the firing officer) backing away from her car as he continues to shoot," the Prosecutor's Office said of the Wilson case. "It does not make sense that he would move backward and discharge his weapon unless he felt the need to immediately move to a place of safety while Ms. Wilson's car was moving. "This is especially true given how close his fellow officers were to the car and how many civilians were in the area."

Wayne County Assistant Prosecutor and spokeswoman Maria Miller said all video was returned to the investigating agencies. Detroit police investigated the Matthews death and state police the death of Wilson. 

MLive is requesting video in both cases. 

The Department of Justice announced publicly in April it was making grant funds available to the Dearborn Police Department for use-of-force training.

The Prosecutor's Office released investigative timelines for each police-shooting case that explains why the investigations took nearly a year.