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Warrant request denied for shopper, returned for off-duty Detroit officer in rough Meijer arrest

Wayne County Prosecutor's Office says David Bivins will not be charged

David Bivins shared his side of the story after being beaten by an off-duty officer with a baton outside a Detroit Meijer store. (WDIV)
David Bivins shared his side of the story after being beaten by an off-duty officer with a baton outside a Detroit Meijer store. (WDIV)

DETROIT – The Wayne County Prosecutor's Office announced decisions for warrant requests submitted for a shopper and an off-duty Detroit police officer involved in a rough arrest at a Meijer on Woodward Avenue and 8 Mile Road.

A warrant request submitted for David Bivins was denied after an off-duty Detroit officer working as a security guard arrested him at the store. The submission was originally returned with a request for more information. It was re-submitted Oct. 18, and denied.

A separate warrant request submitted by the Detroit Police Department for the off-duty officer will be returned Thursday for further investigation, the Wayne County Prosecutor's Office announced.

"We will not be charging Mr. Bivins with any crime whatsoever," prosecutor Kym Worthy said. "However, a few days ago, we received a warrant request on the officer involved in this incident. That matter will be returned for further investigation by the police."

What happened

Bivins was accused of shoplifting by two off-duty officers. He said even after he showed his receipt, the officer kept coming at him in the doorway and outside the store.

He said the officer knocked him out, damaged eight of his teeth and broke his jaw with a baton.

"My entire front (teeth), from canine to canine, are gone," Bivins said. "I am missing a tooth on the bottom. They're fractured. They still feel like they are loose, and they might fall out. I don't know."

READ$25 million lawsuit filed on behalf of man beaten by officer

Bivins said Sunday started as a nice night out for him and his girlfriend, Hillary Ross. They ate out and bought a few items at Meijer. He said they paid for their items and headed toward the bus stop, and when Ross went to the restroom, Bivins was approached.

He said the rest was a nightmare.

"He was continuously coming toward me, advancing towards me," Bivins said.

Bivins said he never resisted or engaged the officer. He said he was afraid he was going to lose his life.

"I'm terrified," Bivins said. "All I know is I heard the sound and my heart is racing. I don't know if that's a gun. I could hear it. ... I knew from the moment this was wrong. I had done nothing."

Bivins was celebrating birth of daughter

The couple was out celebrating the birth of their daughter, Aurora, who had been born six days earlier. She weighed one pound and was in the NICU.

"She is extremely tiny and she is fighting," Ross said. "She is fighting."

Ross said she had the receipt when the two Meijer security guards approached Bivins.

"I let them know I am returning these items," Ross said. "I am embarrassed. I was shocked. I felt like I was accused of something. I've never done a day in my life."

Bivins said Ross was returning the items when the officer went through his bags from a different store, which wasn't Meijer-related. That's when the beating began and spilled outside the store, Bivins said.

Couple hires Geoffrey Fieger

The couple hired attorney Geoffrey Fieger. They're preparing a lawsuit against Meijer. Fieger alleges Bivins was mistreated in jail, rushed into an arraignment and charged with disorderly conduct.

The officer, Lonnie Wade, 65, turned in a complaint, misspelling Bivins' name and accusing him of creating an "improper diversion."

Fieger said Meijer is responsible for the off-duty officer.

"It is the only way they will ever answer for what they did to David and Hillary," Fieger said.

"We have reviewed the video of the incident," Meijer said in a statement. "We’ve since provided the Detroit Police Department access to all security footage and have fully cooperated with them as they investigate this incident involving their officer."

Surveillance video

Watch the new surveillance video released by police below:

A crowd gathered in the immediate area of the altercation.

Watch the cellphone video that circulated on social media:

"That was just wrong," Ross said.

In another video shot by Ross, the officer said he arrested the man for his use of profanity.

“I tried to get him to shut up,” the officer said in the video.

Watch the cellphone video shot by Ross below: