Prosecutor will not charge ICE agent in fatal shooting of Detroit man

Terrance Kellom was shot inside father's home in April


DETROIT – A prosecutor has declined to charge an Immigration and Customs agent for the fatal shooting of a 20-year-old Detroit man.

Wayne County Prosecutor Kym Worthy said Wednesday that agent Mitchell Quinn's actions against Terrance Kellom earlier this year were justified by self-defense.

Police said Kellom lunged at Quinn with a hammer before he was shot in his father's west side home on April 27. His father, Kevin Kellom, disputed that account, saying his son was escorted down the stairs by officers and was shot as he was kneeling.

"My son was assassinated in my face. I will never forget that day," Kevin Kellom told reporters. "I do not agree with Kym Worthy's decision because my son didn't have a hammer, just like there was no search warrant when they came to the house. These are lies. … Kym Worthy is literally just giving them police officers the right to assassinate people."

Story: Family plans civil suit in killing of Detroit man by agent

Worthy said her office reviewed numerous reports, interviews and physical evidence, which doesn't support Kevin Kellom's account of what happened.

Terrance Kellom was wanted on armed robbery and weapons charges. He allegedly robbed a pizza deliveryman at gunpoint in March. Worthy said he was also being investigated for a domestic violence incident involving his ex-girlfriend the day before the shooting. On the day of the shooting, the Detroit Police Department fugitive apprehension team set up surveillance at Kevin Kellom's home and saw Terrance Kellom go inside, Worthy said. When officers asked Kevin Kellom if his son was home, he told them no, and let them inside because he said he had nothing to hide, Worthy said. Kevin Kellom later admitted to lying about his son being there, Worthy said.

Terrance Kellom was found hiding in an attic crawlspace and yelled, "I have a gun, shoot me, (expletive). Kill me," when he was ordered to come out, Worthy said.

He pulled out an air duct and dropped through a hole in the floor. Worthy said Quinn heard Terrance Kellom drop through the floor and asked him to drop a hammer that he was holding in his right hand.

When Terrance Kellom did not drop the hammer, Worthy said, "Quinn feared for his safety and fired the weapon once."

Terrance Kellom continued to advance toward Quinn, and Quinn fired more shots, Worthy said.

Worthy discredited Kevin Kellom's account of his son being brought to the lower level by officers by pointing out that Terrance Kellom's clothes had particles of drywall, insulation and paint on them -- consistent with someone going through a hole in the wall.

Picture: evidence pictures in Terrance Kellom case

Read: Differing stories emerge in shooting of man by ICE agent

An autopsy determined that Terrance Kellom was shot four times, but the autopsy results have been kept private by an order from Worthy. The prosecutor said Terrance Kellom was shot in the neck, shoulder, stomach and thigh areas, and that there was no evidence of close-range fire. Worthy also said he had cuts on his shoulder, arm, fingers and legs that are consistent with going through a wall.

Autopsy: Man shot by ICE agent died from multiple gunshots

"Yes, black lives matter. Of course they matter. But you know what else matters? Credible facts matter, supportable evidence matters, provable evidence matters, doing justice matters. The truth matters," Worthy said.

ICE spokesman Khaalid Walls said Quinn had been on administrative leave since the incident, but is back on duty.

David Griem, Quinn's lawyer, said he had reviewed the reports submitted by the other five officers at the scene, and that all accounts are consistent.

"If there was ever a case in which the shooting was justified, this was it," said Griem.