A judge dismissed charges against a fired Detroit police officer charged with manslaughter.
Those charges stem from an incident that occurred last September outside of Garden Bowl on Woodward Avenue on Detroit’s east side.
On Sept. 1 at 6:50 p.m. on the 4100 block of Woodward Avenue, officials were called Daryl Vance, 71, of Detroit, was disorderly.
Detroit police officer Juway Marquise-Alexander Brown, 29, was dispatched to the location, and it was alleged that a verbal confrontation between the two men had escalated, causing Brown to punch Vance in the face, causing him to fall to the ground and hit his head on the pavement.
EMS arrived on the scene and transported the 71-year-old man to a Metro Detroit hospital for treatment, where he remained until he succumbed to his injuries on Sept. 21.
Prosecutor Kym Worthy charged Brown with the fatal assault of Vance.
Local 4 spoke with 36th District Court Judge Kenneth King, who dismissed all charges against Brown Thursday (Jan. 18) afternoon.
Brown was in his court for a preliminary exam to see if there was enough evidence in his case to send him to face a trial in Circuit Court in Wayne County.
The 29-year-old was facing a charge of involuntary manslaughter and a charge of excessive force, but King dismissed both charges.
King said the case was unusual because the main witness was Brown’s body camera, which the Detroit Police Department had issued.
The 70-year-old man was first inside the bowling alley, where security testified that he smelled of alcohol and was extremely angry, accusing employees of taking his property.
The property was his bag, which was right next to him. The security guard said when he decided to act, a person there made threats. He testified that Vance made threats to female employees and said he had a weapon.
The guard walked Vance outside, and that is when Brown arrived. Brown, on his body cam, arrived in such a pleasant and polite manner.
“Hey there, I am the police,” said Brown. “These people want you to move on.”
Brown gave Vance a shove at that point, moving him up Woodward Avenue, causing Vance to explode in anger at being touched and causing him to challenge Brown to a fight.
Vance then walked towards Brown, clearly in a move to strike him; King says Vance threw a punch, then Brown threw a punch, causing the 70-year-old to hit his head on the ground.
King asked prosecutors, “Wasn’t Brown doing his job?” “Vance threw a punch. What was Brown to do.”
He reminded the court that police have a tough job.
King said the next decision was difficult, and his ruling would be unpopular with many as the law told him to weigh if the officer’s actions were grossly negligent or if he was exercising his duties.
King dismissed the involuntary manslaughter charge, not finding that Brown’s deadly punch rose to the level of gross negligence.
DPD fired Brown, so we immediately asked what happenes now that the 29-year-old walked out of court free to go.
“The decision to terminate former Officer Brown was based on a variety of factors and is not contingent with the status of criminal charges. Each disciplinary case is evaluated on whether the rules and regulations of the Department are met, and is separate and independent of the judicial system.”
Detroit Police Department
King said later while discussing his ruling, “My job is to do what’s right according to the law.”