MES Cur melt aia Prosecuting Attorney Memo To: D/Sgt. Christopher Corriveau-Michigan State Police, First District Special Investigation Section From: Brian L. Mackie, Prosecuting Attomey Av masuy Steven Hil, Chief Assistant Prosecuting Attomey gfe (eCen €C: Chief John Seto-Ann Arbor Police Department Date: 1/90/2015 Re: MSP Report # 10-1075-14 ‘You have asked this office to review your report 10-1075-14 for the purpose of evaluating the use of deadly force by Ann Arbor Police Officer David Ried that resulled in the tragic and fatal shooting of Aura Rain Rosser at 2083 Winewood Street, City of Ann Arbor, and Washtenaw County on November 10, 2014. This office wil review a peace officer's use of deadly force to determine ifthe officer may be ctiminaly Hable. The review undertaken inthis case has been confined to that question only. ‘To conduct this review we have examined the following: ‘+ Michigan Department of State Police original incident report # 10-1075-14, dated November 10, 2014, consisting of twenty four (24) pages, and authored by DiSgt. Christopher Comveau: ‘+ Michigan Department of State Pofice supplemental incident report # 10-1075-14, dated November 12, 2014, consisting of eight (8) pages, and authored by Tpr. Jeff Frasier, + Michigan Department of State Police supplemental incident report # 10-1075-14, dated November 10, 2014, consisting of three (3) pages, and authored by DiSgt Tom DeClereq; © Page 1‘© Ann Atbor Police Department Incident Recall Report printout dated November 10, 2014 and consisting of four (4) pages; * Ann Atbor Police Department CAD D-Card dated November 10, 2014 and consisting of two (2) pages; ‘= Ann Arbor Police Department incident report 149056140 consisting of nineteen (19) pages, Officer in Charge D/Lt. Robert Pfannes and with a report datertime of 11/09/2014 23:61. This is 2 master report, and includes reports by the folowing officers: © Officer Mark Raab; © Officer Shellielynn Mathis; © SiSgt Mauro Cervantes; © SiSgt Colleen McCarthy, © Officer Elizabeth Comell © Officer John Gilbee; © Officer James Boylan; © DiSgt Patrick Hughes: Officer Nader Jamil, Officer Jeanatte Jerore; © Officer Jeffrey Shafer, © Dilt Robert Pfannes; and © Officer David Ried © Page 2© Emergent Health Partners (Huron Valley Ambulance) Prehospital Care Report Summary dated 11/10/2014, consisting of four (4) pages, and signed by Technician Craig Har © Affidavit for Search Warrant, Search Warrant, Retum and Tabulation for 2083 Winewood ‘Avenue, City of Ann Arbor dated November 10, 2014 and consisting of five (5) pages; Michigan State Police Crime Scene Sign-In/Sign-Out Sheet associated with MSP 10-1075-14 and consisting of 3 pages; ‘© Affidavit for Search Warrant, Search Warrant, Return and Tabulation for Washtenaw County Community Support and Treatment Center records of Aura Rain Rosser dated November 19, 2014 and consisting of six (6) pages; ‘© Washtenaw Community Health Organization Medication Review Note dated October 16, 2014, and consisting of four (4) pages; ‘+ Ann Arbor Police Department Incident Report 140043957 consisting of seven (7) pages plus @ cone page attachment list, three (3) photocopied photograph, a copy of @ one (1) page ‘Washtenaw County Prosecuting Atfomey Adutt Denial memo, a ene (1) page Ann Arbor Police Department Investigator Lead Sheet, and a one (1) page evidence list form (blank), Officer in ‘Charge Det. Brandon Knobelsdor and with an report dateltime of 09/05/2014 02:48. Thisis a ‘master report, and includes reports by the following officers, Officer Jeffrey Shater; © Det Brandon Knobelsdort Officer John Dunlap; and PPA Marjorie Reynolds @ Pages‘Ann Arbor Police Department incident Report 140049689 consisting of four (4) pages, authored by Officer David Ried and with a report dateltime of 10/04/2014 02:58; NMS Labs Toxicology Report dated 11/26/2014 and consisting of five (5) pages; University of Michigan Health System Postmorter Examination Report regarding Washtenaw County Medical Examiner case 81-14-0798, consisting of eight (8) pages, and authored oy Jeffrey Jentzen, M.D., Ph. ‘Taser Evidence Syne Discharge Report dated 10 Nov 2014 regarding Taser X-26 serial number XO0-182068 and consisting one (1) page; Michigan department of State Police Forensic Science Division Northville Laboratory report NV 14-9381 Record Number 1, dated November 21, 2014, consisting of three (3) pages plus a ‘one (1) page scene diagram, and authored by Forensic Scientst Amanda Fazi. The subject of this report is processing the scene al 2083 Winewood Street and the collection of physical evidence; Michigan department of State Police Forensic Science Division Northville Laboratory report NV 14-9381 Record Number 3", dated December 22, 2014, consisting of one (1) page, and ‘authored by Forensic Scientist Amanda Fazi. The subject of this report is testing of @ recovered knife for human blood, and evidence handling; \Michigan department of State Police Forensic Science Division Northville Laboratory report NV 14-9381 Record Number 4, dated December 12, 2014, consisting of one (1) page, and authored by Forensic Scientist lla Patel, The subject of this report is testing recovered evidence for the presence of controlled substances; ‘The Michigan State Police Northville Laboratory confirmed that there is no record # 2 associated with this case, and that there are 6 reports oniy. @ Pages* Michigan department of State Police Forensic Science Division Northville Laboratory report NV 14-9381 Record Number 5, dated January 6, 2015, consisting of one (1) page, and authored by Forensic Scientist Ashley Sellenraad, The subject of this reportis fingerprint examination of the recovered knife + Michigan department of State Police Forensic Science Division Northvile Laboratory report NV 14-9381 Record Number 6, dated January 9, 2015, consisting of two (2) pages, and authored bby D/Sat. Specialist Dean Moinar, Jr. The subject ofthis report is firearms examination: ‘+ Michigan department of State Police Forensic Science Division Northvile Laboratory report NV 14-9381 Record Number 7, dated January 8, 2015, consisting of two (2) pages, and authored by Forensic Scientist Andrea Halvorson Young, M.S. The subject ofthis report is DNA testing of the recovered knife; + A Michigan Department of Stale Poloe supplemental incident report 10-1076-14 dated January 14, 2015, consisting of one (1) page and authored by DSgt. Christopher Coriveau: and = Fourteen (14) compact discs containing recordings of witness statements, a 911 cal, Ann ‘Atbor Police Department radio traffic, plus photographs and records. In addition, CAPA Hiller conferred with Sgt. Barry Schrader of the Michigan Stale Police Training ‘Academy, who is referenced in D/Sgt. Corriveau's report, and Ann Arbor Police Staff Sergeant Mauro Cervantes, and PA Mackie and CAPA Hiller met with Medical Examiner Jeffrey Jentzen, M.D., PhD. ‘The Circumstances Of The Death Of Aura R. Rosser ‘Shortly before midnight on Sunday, November 9, 2014 Ann Arbor police officers Mark Raab and David Ried were dispatched to 2083 Winewood Avenue in the City of Ann Arbor in response to @ 911 call for help from the homeowner, Vielor L. Stephens, who said a woman named Aura Rosser had attacked © Pageshim and she had a knife, Mr. Stephens shared 2083 Winewood with several other people, including ‘Aura Rain Rosser ‘Aura Rosser, age 40, suffered from a serious mental iness, but the evidence showed that she had not been taking her prescribed medications at the time of her death. During the search of the house, D/Sgt. Corriveau found two prescription botties for psychotropic medications”. The labels of the bottles bore Ms, Rosser name and were dated several weeks before November 10, but none ofthe pills had been taken (in fact one bottle that was supposed to contain £0 pil contained 133, The toxicology tests conducted as part of the Medical Examiners investigation showed that neither of the prescribed medications was present in Ms. Rosser’s system at a therapeutic level. The toxicology report does show high levels of cocaine, cocaine metabolites and alcohol in Ms, Rosser's system, indicating that she had recently ingested large amounts of both cocaine and alcohol. Witness statements and evidence found in the home* made it clear that Ms. Rosser had smoked creck cocaine, In our ciscussion, Dr. Jentzen explained that cocaine and alcohol can combine in the bloodstream and act synergstcally. The combined cocaine-alcohol by product is caled cocaethylene, and it was found in ‘Aura Rosser's system during the autopsy testing. Dr. Jentzen also explained thatthe effects of high levels of cooaine and cocaetnylene can be exacerbated when a person has discontinued prescribed psychotropic medicine, and they can become highly agitated, aggressive and violent. People in this slate often appear delirious and exhibit wide eyed stares, These facts provide some insight about Ms. Rosser's appearance and conduct leading to the tragedy that oocurred just after midnight on November 10, The label on one bottle read that it was for 300 miligrams for Lithium Carbonate, and that it was. dispensed to Ms. Rosser on September 29, 2074, with instructions to take 1 pill 3 times a day. The quantity of pls listed on the label was 90. D/Sot Cortiveau counted the pilin that bottle and found that it contained 80 pills. The label on the other botle read that it was for 1 miligram Risperidone, and that twas dispensed to Ms. Rosser on September 2, 2014, with instructions to take 4 pill times a day. ‘The quantity of pls listed on the label was 80, D/Sgt Corriveau counted the Risperidone pills and found that it contained 133 pls. * in the same room where Aura Rosser's mecications were found, the State Police found two metal ‘spoons, charred on the back, and containing a residue. The residue on one of the spoons was later tested by the Michigan State Police Northville Laboratory and it was found to be cocaine. Also found in the room were pieces of Chore Boy metal scrubbers which showed charring. Metal scrubbers, such 2s (Chore Boy, are used in the smoking of erack cocaine. © Pages‘The Ann Arbor Police had been to 2083 Winewood and had contact with both Victor Stephens and ‘Aura Rosser previously for similar complaints. On one occasion it was alleged by Mr. Stephens that Ms, Rosser had chased him with a knife, which Ms. Rosser later denied. On another occasion Victor Stephens complained that Aura Rosser had called someone to attack him. Officer Ried handled that call and had contact with Ms. Rosser without incident * ‘Shortly before midnight on November 9, 2014 Washtenaw County Metro Dispatch received a 911 call from Vietor Stephens, On the 911 call Mr. Stephens sounded upset and frightened. He asked the police to come and remove Ms. Rosser from the house because “she jumped on me At fist Mr. ‘Sephens stated that he had locked himself in his room. He said Ms. Rosser had been drinking “real heavy’, and that she had assaulted him before, He said thal she had a knife, and repeatedly asked for the police to “come and get her.” Twice during the call Mr. Stephens abandoned the telephone and loud arguing can be heard in the background, At one point Wr. Stephens can be heard yeling “Tplut that shit down, bitch!” Mir. Stephens can aiso be heard telling someone to get out of his house. There Is also heard a female voice—highly agitated and aggressive. When Mr. Stephens returned to the phone he told the 911 operator that he may need an ambulance “for my hanct, and then states “I need the police. As soon as possible.” Mr. Stephens then again abandoned the phone and more angry yelling can be heard in the background, before the phone went dead. Shorty after Victor Stephens’ phone call o Metro Dispatch was disconnected the Baker-22 car carrying Officers Raab and Ried called in their arval at 2083 Winewood. As the olficers approached the front ‘of Victor Stephens house they heard yeling from inside. Oficer Raab heard a female state that she had a knife and a mate voice asking ‘what are your gonna do, stab me?" The officers then heard a loud thump, which Officer Raab described as sounding like "the weight of a human faliing to the floor or ‘bumping against a wall Upon hearing that, the officers entered the home through the front door. + Ann Arbor Police Department reports 140043957 & 140049689. + In his report Officer Ried describes the sound as lke “a hand slapping on wood.” In his statement to DiSgt. Corriveau, Victor Stephens stated that he and Ms. Rosser had been arguing, pushing and shoving, and that she had tom his shirt before he went into his bedroom and called 917% @Page7‘The front area house was well It, However, Officer Ried used his flashiight to see down the central hallway that bifurcates the house past the open living room area to their left and the kitchen dining area. to theirright. The distance from the rear bedroom door, where the hallway ends, fo the front door is just ‘over thitty feet The distance from the rear bedroom door to the back wall of the living room is 163", \When the offcers entered the home they saw Aura Rosser and Victor Stephens stuggiing in the hallway near the door to the bathroom, approximately twenty feet from the officers postion. Ms, Mr. Stephens stated that when he came out of the room Mis. Rosser attacked him with the knife and he ‘grabbed her wrist to defend himself, Mr. Stephens said that they were in the hallway near the bathroom door. At this te the police entered the house and Mr. Stephens heard them announce “police” ‘There were others presentin the home when this occurred. Leigha Murphy stated that she was in the basement and did not know a shooting had occurred. She said that Mr. Stephens and Ms. Rosser had been arguing since they had awoken up and that they argued on a daily basis. Ms. Murphy said that at around 11:00 or 11:30 PM Mr. Stephens and Ms. Rosser were into the basement, arguing and she saw ‘Ms, Rosser begin "swinging on Vi" and hiting Mr. Stephens in the face, while he tried to grab Ms. Rossers hands. She saw Mr. Stephens grab a bottle and raise it up as fto hit Ms. Rosser, but Ms. ‘Murphy intervened and Ms, Rosser cid not get hit with the bottle. Ms. Murphy said she then kicked the ‘wo out of the basement, and they continued arguing upstairs. Ms. Murphy said sometime later in the evening she heard a loud noise and what sounded like someone falling, Melissa Richardson was present but intoxicated. She frst said that she was asleep when the shooting ‘occurred, but that she heard Ms. Rosser and Mr. Stephens fighting. IMs. Richardson said that “they fight all the time” and 'they swing knives around but nothing ever comes of it” She said she was in her room and heard a single gunshot and when she came out of her room Mr. Stephens was in the bathroom, Ms. Rosser was lying on the kitchen floor and the police were rushing in. Ms. Richardson did not see any part of the shooting, Gregory Fairley said the he was staying with Victor Stephens temporarily, and that he wes in the basement. Mr. Fairly said that Mr. Stephens and Ms. Rosser arguing upstairs. He stated that he had seen them argue before and she always grabbed knife when they fought. Mr. Fairley told the investigators that he carne upstairs when he heard glass breaking and what he believed were 2 or 3 gunshots. (This was before the officers entered the house. There is no physical evidence that more than 1 gunshot was fred in the house by anyone that night. The only gunshot fred was Officer Ried.) He saw Ms. Rosser with a knife in her hand standing outside the bathroom. Mr. Fairey said he saw Mr. Stephens come out ofthe bathroom and struggle with Ms. Rosser over the knife. He stated that he heard Ms. Rosser say “m—-f-—-, Im gonna get your ass!" He heard the police yell ‘get down” and ‘put your hands on your head’, and what he believes wete several shots, He said he saw Ms. Rosser get shot while she was holding the knife in her hand. Mr. Fairey state he then retreated to the basement, Jerry Johnson was present in the home, but stated that he did not hear or see anything. Mr. Johnson ‘was transported to the hospital for severe alcohol intoxication, © The Michigan State Police evidence team (MSP-ET) that processed the scene measured the distance at 3010". All distances are approximations based upon measurements by MSP-ET or DiS. Corriveau © PagesRosser was dressed in sweat pants but was unclothed from the waist up. Ms. Rosser held a Knife” in her right hand and was attacking Victor Stephens with it. The officers describe Ms. Rosser gripping the knife in her right hand with the handle toward the her thumb and the blade extending from the outside of the palm, and her arm held so that the knife was roughly next to and parallel wth her jaw line. Victor Stephens was holding Ms. Resser's right wrist in an effort to fend off her attack. Officer Raab unho'stered his Taser and Officer Ried drew his firearm, Both officers identified themselves as the pole and ordered Ms. Rosser to drop the knife. She aid not comply. Insiead she broke off her attack on Mr Stephens, tumed and, stil holding the knife in an attack posiion, advanced on the offcers? Officer Raab desorbed Ms. Rosser's eyes as being “extremely wide" as she approached him and tis partner Officer Ried reported that he also repeatedly commanded Ms. Rosser to drop the knife. When she had advanced to within 6to 10 feat of the officers they responded nearly simultaneously." Officer Raab deployed his Taser with both probes siking Ms. Rosser. Officer Ried fred one shot. His bullet stuck Ms. Rosser in the left chest, Aura Rosser fell o her left into the kitchen, sill holding the knife, Officer Ried used his foot o remove the kaife from Aura Rosser’s hand and Offcer Raab noiffed Metro Dispatcher that a shot had been fred in the house. Ms. Rosser died from the gunshot wound a short time later. Pertinent additional facts willbe cited in the findings section, below. “The knife is described by D/Sgt. Corriveau as a black handled kitchen ife with an approximate 4° stainless steel biade. * Viotor Stephens’ statement to D/Sgt. Conveau also said that when the officers announced their presence and told Ms, Rosser to drop the knife she tumed on and advance toward the offers, holding the knife as they described. * Officer Ried wrote that Ms. Rosser “appeared to be looking directly at us with her eyes wide open with vat appeared to be a blank stare." Mr. Stephens described Ms. Rosser as having “hot eyes” and that he had “seen them before’. Officer Raab estimated the distance at between 6 to 8 feet, and Officer Reid's estimate was 10 feet. Bearing in mind that they were not standing in exactly the same spot, they may both be right. Victor Stephens, who was standing in the darker hallway, and behind Aura Rosser (who was moving away from him) puts the dislance at approximately 15 feet. Based on the physical evidenee, the layout ofthe house, and where Ms. Rosser fell 15 feet is too far and 6 to 10 feetis far more likely. However, even @ fiteen foot gap would mean that the officers were faced with an armed attacker who was within 2 seconds of being able to complete the attack © PagesLaw ‘A person, including a peace officer, may use deadly force in selt-defense or defense of others under the following circumstances: 1. The person must honestly and reasonably believe that there is a danger he or another person willbe killed or seriously injured 2. The person must honestly and reasonably believe that the use of deadly force is immediately necessary. ‘See MCL 780.971, et seq: Michigan Criminal Jury Instructions 2d, 7.15. If the person's belief that deadly force was immediately necessary is honest and reasonable at the time, it does not matter that ‘person is later shown to be wrong about the level ofthe danger. Cul 24, 7.16(3). The reasonableness of a person's belief must be judged based on how the circumstances appeared to him at the ime he ‘acted, See People v Doss, 406 Mich 90, 276 NW2d 9 (1979); Alexander v Riccinto, 192 Mich App 66, 481 NW 2d 6 (1992); People v Shelton, 64 Mich App 154, 235 NW 2d (93), Cll 2d 716(2). A person \who is not commiting a crime and is in a place the person has right to be does not have a duty to retreat before using deadly force n seltdefense. MCL 780.972. Additionally, a peace officer swom to protect the public cannot retreat from a situation if doing so would leave civitans or other officers ‘exposed to the threat from which the officer rereais. See Doss, supra. As @ society we expect peace officers to place themselves between the civilan population and danger. The result is that a peace cffcer has both a right and a duty to defend others, but this realty does nat diminish an office's right to self-defense. Findings ur office reviewed the actions of Officer David Ried that resutted in the tragic death of Aura Rain Rosser to determine if Officer Ried committed a crime. In deciding whether to fle a criminal complaint the Prosecuting Attomey's Office employs the folowing standart Page 10‘A.reviewing prosecutor shouid authorize a criminal charge only when a logical and thorough examination ofthe evidence and the law convinces the reviewing prosecutor that the acoused is guilty of a crime, that the avaliable admissible evidence is sufficient o create a reasonable possibilty of proving guilt toa jury beyond a reasonable doubt, and that proceeding with prosecution isin the interests of justice. In making @ charging decision the prosecutor must necessarily assess the qualily of the available evidence, including the statements of witnesses. No credible investigation will have witnesses that completely agree with one another on every point, and that is not the case here. However, substantial ‘agreement does exist in this case on the most important points of consideration. There is no disagreement that Ms, Rosser was aggressive and threatening toward Victor Stephens, and the ‘evidence clearly establishes that she was armed with a knife, Itis also clear that Ms. Rosser tured on ‘and was advancing toward the officers while stil armed with the knife. Based upon where she fell she had clearly passed out of the hallway past the rear wall ofthe living room and had closed to within a short distance of the officers, who continued to command her to drop her knife, Sergeant Bary Schrader is an instructor of defense tactics for the Michigan State Police. Sergeant Schrader ‘explained to D/Sgt. Corrveau that officers are now trained that to be safe they should keep 30 feet between themselves and an altacker with an edged weapon" Sgt Schrader also explained that an attacker can cover a distance of 13 to 14 feet in between 1.2 and 1.4 seconds. The officers estimated that Ms. Rosser was between 6 and 10 feet away when they tased and shot her. Both officers reported being in fear for their lives, and itis Signiticant that both officers exercised the use of force at nearly the same moment. The fact that Office Raab chose to draw his Taser does not make Officer Red's decision to draw his sidearm a criminal act, The law of self-defense does not require that the least harmful means be employed before a more harmful level of force may be lawfully used. The law only requires that the actor possess an honest and reasonable belief that it was necessary to use deadly force to protect himself or another from death of great bodily harm. When Officer Ried drew his gun ‘Aura Rosser was wielding a knife at Victor Stephens. Had Ms. Rosser continued on her attack on Mr ‘Stephens, then Otficer Ried may well have had to shoot her in order to protect Mr. Stephens, instead, *' In this regard, itis important to bear in mind that the entire distance in Victor Stephens’ house from the front door to the end of the central halway is barely over 30 feet in total Page 11the officers announced their presence, identified themselves as the police and ordered her to disarm, but in doing so they made themselves the target of her attack Retreat was not an option for the officers. Had they withdrawn from the scene they would have also been abandoning Victor Stephens and the other people in the house to an armed, rate and assauitive woman, It was their duy to stay. Ms, Rosser had to stop, but she did not. When she continued to advance upon the officers and closed toa distance that made her an immediate and deadly teat, Offcer Ried fred one gunshot. ‘When a prosecutor is called upon to evaluate a kiling and there is an issue of self-defense, the prosecutor must evaluate all of the available evidence of selflefense in the same way as all of the other avaliable evidence. When, as is the case here, the evidence supporting self-defense is so strong that there is no likelihood that the prosecution would be able to carry its burden of disproving self defense beyond a reasonable doubt, itis the duty of an ethical prosecutor to deny criminal prosecution ‘After a review of the thorough and professional investigation by the Michigan State Police including all of the evidence gathered, its our conclusion that when Officer David Ried shot and killed Aura Rain Rosser on November 10, 2014 he acted in lawful self-defense, Ms. Rosser's death, although tragic, was justiiable homicide, fe Page 12