LOCAL

No charges for two Meridian Township police officers following forcible arrest

Krystal Nurse
Lansing State Journal

OKEMOS — Prosecutors declined to file excessive use of force charges against two Meridian Township police officers following a March arrest in the Meridian Mall parking lot.

Chief Assistant Prosecuting Attorney Mike Cheltenham reviewed the actions taken by Detectives Daniel King and Michael Hagbom while arresting a retail fraud suspect in March. In that review, he said both officers used "reasonable force" to detain the suspect and did not warrant assault or battery charges.

Meridian Township released findings from both the state police and Ingham County Prosecutor's office Friday.  Witness and body cam videos were released on the township's government access YouTube channel, HOMTV.

The prosecutor's office received warrant requests for King and Hagbom on March 19 for assault and battery against the suspect.

"After a careful review of the evidence submitted, under the totality of the circumstances, the use of force in this incident was reasonable and does not rise to the level of a criminal violation of the law," Cheltenham wrote in a memo to the Michigan State Police.

According to King's police report, a Meijer employee called township police on March 10 shortly before 1 p.m. after a man allegedly hid shoes and a hoodie in a backpack he was wearing. The caller later said the suspect wore a pair of allegedly stolen shoes out of the store.

The call resulted in a scuffle between police and the suspect outside the nearby Meridian Mall, with an officer kneeling on the face-down suspect while a bystander filmed the incident.

MORE: Meridian Twp. police officers placed on leave pending use-of-force investigations

Police Chief Ken Plaga sought a criminal review by the county and MSP because force was exchanged between the officers and suspect, he said. King and Hagbom were placed on paid administrative leave during the criminal and internal investigations. 

Cheltenham noted Hagbom knelt on the suspect to restrain him, saying the incident was "uncomfortably similar to recent events" surrounding the death of George Floyd. But a video review showed Hagbolm was not kneeling on the suspect's neck, and that he stood up once the suspect was handcuffed.. 

Plaga also retained Twana Powell, a retired commander of MSP's professional standards section, to conduct an external review of King's and Hagbom's conduct. Her investigation concluded they used "reasonable force" during the suspect's arrest.

Powell noted that Hagbom was on the suspect's shoulder and back for "less than 10 seconds."

"Our policies in our organization equate kneeling on the head or neck of an individual as intentional and to use it as a form of control," Plaga said Friday. "The knee was clearly not on the neck or head, it was the perception of the passerby that raised concerns for us."

In her review, Powell evaluated King's incident report from the arrest, injuries to the two officers, several images from officers and witnesses, the suspect's injuries and Meridian Township Police's policies on conduct, use of force, foot pursuits and arrest management. 

"Ultimately, there is insufficient evidence, to show beyond a reasonable doubt, that the crime of assault and battery was committed or that Detectives King and Hagbom used force that was excessive or unreasonable. Thus, warrant requests in this matter are denied," Cheltenham wrote.

Suspect allegedly strikes officers, initiating 'reasonable force' by MTPD

According to King's incident report, he arrived outside the Meijer and saw a Black man wearing clothes matching the employee's description: "white Adidas shoes taken from the shelf (and) headphones with black pants with white spots," King wrote. He monitored the man, but waited to make contact until Michigan State University Police and other officers arrived.

King followed the man through the mall parking lot and tried to get his attention, but could not as he believed the suspect's hearing was obstructed by his headphones, he wrote. King "gently touched the side of (the suspect's) right arm" to get his attention, the report reads.

"(The suspect) immediately spun around, stopped walking and yelled, 'what the? Get away from me,'" King wrote. 

King identified himself as a police officer and asked to talk to the suspect "about a retail fraud that happened at Meijer," he wrote. King grabbed the suspect's clothing to stop him from running away, writing that he and the suspect were in a "hockey fighting position" as King held on and the suspect fought to be freed. 

"(The suspect) stated that he 'didn't care' and ... didn't do anything," King wrote, saying the victim then took a "deliberate swing" at him "with his right closed fist," which "glanced" the side of King's head and part of his face.

A bystander recorded the interaction. 

In the video, Hagbom appears to punch the suspect and help tackle him to the ground.

The bystander then shouted at the officer, alerting him she was recording the incident, Plaga said Friday.

King delivered "several empty hand strikes" to the suspect's head, King wrote in his report. Meanwhile, Hagbom and other responding officers tried to restrain the suspect, kneeling on his shoulders to complete a "non-compliant handcuffing," Plaga said. 

Body camera footage showed Hagbom did not appear to be on the suspect's neck.

The suspect received medical attention following the arrest, according to Plaga. Charges of retail fraud and assault of an officer are pending with the county.

Contact reporter Krystal Nurse at (517) 267-1344 or knurse@lsj.com.