Photo by Hilary Golston
DETROIT (FOX 2) - Prosecutors in Wayne County say no charges will be issued against a court bailiff who shot an armed man during an eviction in July.
The prosecutors say the bailiff acted in lawful self-defense when they were attacked by an armed man in the 1700 block of Manderson near Whitmore.
On July 12, two Detroit police officers met with the bailiff, who was trying to evict the man without success, saying the resident was being aggressive. All three went to the apartment and breached through the door where officers attempted to explain to the man, Sherman Butler, 44, that he was being evicted.
According to authorities, Butler was sitting on a bed holding a box cutter next to his neck. He was angry and officials say he refused to leave the apartment, saying that the only way he was leaving was if the police killed him.
Officers told Butler to drop the box cutter several times, but he refused.
One of the officers and the bailiff made the decision to go into the bedroom and tase Butler to get him to drop the knife. Officials say both officers deployed their tasers, but they failed to take effect.
According to authorities, Butler got off the bed waving the box cutter and went towards the Bailiff who was in the corner of the room, and the Bailiff then shot at him.
Butler fell to the floor and was given medical aid and was taken to the hospital where he died.
"Under Michigan law, an individual is allowed to use force, including deadly force, when necessary to protect themselves and in defense of others," Wayne prosecutors wrote. "The person must honestly and reasonably believe that the use of deadly force was necessary to prevent imminent death or imminent great bodily harm to themselves or others."
Officials say facts and evidence show that the bailiff acted in lawful self-defense and defense of others.