LANSING, Mich. – Michigan Attorney General Dana Nessel has cleared a Shelby Township police officer on Tuesday of any criminal wrongdoing related to a 2018 fatal shooting.
On Nov. 3, 2018, officer Jason Zuk shot and killed 25-year-old Kanwarbir Malhi, who was allegedly acting aggressively toward police.
The Macomb County prosecutor decided not to press charges in the case.
Last year, the AG’s office agreed to revisit the case. On Tuesday, officials said there was insufficient evidence to charge Zuk.
“Following a review of the video footage, testimony and other evidence, the Attorney General’s office determined Zuk acted under an honest and reasonable belief that he and other officers were in danger and no criminal charges will be filed,” according to a press release.
The shooting happened about 1 a.m. on Nov. 3, 2018, when Shelby Township police responded to reports of an occupied stolen vehicle in the parking lot of the Spring Lane apartment complex. Officials said the vehicle belonged to Malhi’s mother and was reported stolen the day before.
Police said Malhi refused to comply with the repeated verbal commands and told officers he was armed.
According to the AG’s office, Malhi exited the vehicle “but made a sudden movement toward the front of his body, at which point Zuk fired a single shot from his department-issued shotgun, hitting Malhi in the chest and neck causing him to fall to the ground.”
He was transported to Troy Beaumont Hospital and pronounced dead.
Police said that although Malhi told officers he was armed, it was determined that he did not have a weapon.
AG’s office files charges against Lowell officer
In addition to reviewing the case in Shelby Township, Nessel reviewed and moved to file charges on Tuesday against Lowell police officer Jason Diaz.
Th AG’s office said that “After a high-speed chase through Kent and Ionia counties on Aug. 29, 2020, Diaz allegedly fired his weapon at the fleeing vehicle and struck a passenger in the head, causing injury. Diaz’s actions violated both the law and Lowell Police Department’s Use of Force Policy.”
Diaz, 40, of Wyoming, was charged with
- One count of assault with intent to do great bodily harm less than murder, a 10-year felony
- One count of misconduct in office by a public official, a five-year felony
- One count of weapons, careless discharge causing injury, a two-year high court misdemeanor
He was arraigned Tuesday and bond was set at 10% of $50,000.
Click here to watch Nessel’s video message on the two cases.