MSP: No naming of Eaton County officers involved in fatal shooting yet
Rachel GrecoEATON COUNTY – Two weeks after an Eaton Rapids man was shot and killed by an Eaton County officer, a State Police detective in charge of the investigation said last week he won’t release the names of the two police officers involved in the shooting until they’re “cleared or charged.”
Friday Michigan State Police Detective First Lt. Thomas DeClercq said the State Police hope to complete their investigation of the Nov. 28 death of Robert Claude Smith of Eaton Rapids sometime this week, before forwarding it to the Eaton County Prosecutor's Office for review.
Nov. 29, a day after the shooting, DeClercq said the names of the officers involved in the shooting would not be released until his department's investigation is concluded, but Friday DeClercq changed his position.
"Until these guys are cleared or charged I will not release their names," he said.
Monday State Police Spokesperson Shannon Banner said the agency's policy, dating back to at least 2003, is "to withhold the names of persons involved an investigation unless they are charged with a crime."
"This is the policy for all investigations," Banner said in an email to the State Journal Monday.
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But withholding the names of an Eaton County detective and deputy who fired “multiple rounds” at Smith Nov. 28, is a departure, at least locally, from State Police practices after the last two police shootings in Eaton County.
State Police released the names of the three Eaton County deputies involved in two shootings they investigated in 2015 within a month after they took place and before its investigations into either was complete.
Eaton County Sheriff's Office Sgt. Jonathan Frost shot and killed 17-year-old Deven Guilford, who was unarmed, during a traffic stop in Roxand Township on Feb. 5, 2015. State Police released Frost's name a month later.
Eaton County Prosecutor Doug Lloyd ruled the shooting justified after an investigation by State Police. A federal lawsuit by Guilford's family against Frost was settled Dec. 1 for $2.4M.
Matthew Lundy, 32, of Charlotte was shot and killed that same month by deputies who responded to a call that a sport-utility vehicle was stuck in a snow bank along Canfield Road in Eaton Rapids Township and encountered Lundy, who was armed. State Police released the names of two deputies involved — Deputy Tad Schwartz and Deputy Theresa VanDorpe — two weeks later. Lloyd ruled that shooting justified after a State Police investigation.
Monday Banner said in an email to the State Journal that the decision to release the officers names in both 2015 shootings "was likely a decision from their employer."
"We would not have released them without the county asking/telling us to do so," Banner said, in her email.
Eaton County Sheriff Tom Reich said Tuesday that the decision to release the names of officers involved in both 2015 shootings was made after consulting with the county's attorneys.
Reich said county officials have not made a decision regarding the release of the names of the officer's involved in the Nov. 28 shooting.
"At this time, we're holding off on releasing their names," Reich said.
Smith, 64, died of a single gunshot wound to the head, according to DeClercq, after he led police on a short vehicle pursuit near his home and rammed the vehicle he was driving into two police vehicles.
The shooting occurred after an Eaton County detective and deputy attempted to serve a search warrant and felony arrest warrant at Smith's home on East Spicerville Highway in Brookfield Township.
Officers observed Smith leaving the residence in a vehicle and attempted to stop it. A police chase followed east on East Spicerville Highway and south on Wilcox Road.
DeClercq said Smith turned his vehicle around at Boody Highway and drove directly at the two police vehicles pursuing him, ramming them both. He declined to say when officers began firing at Smith, but said "multiple rounds were fired" by both police officers. Smith did not fire a weapon at officers.
The warrants for Smith's arrest and a search of the property stemmed from a Nov. 26 arrest by Michigan Department of Natural Resources officers in Eaton County for driving while under the influence.
Contact Reporter Rachel Greco at (517) 528-2075 or rgreco@lsj.com. Follow her on Twitter @GrecoatLSJ.