BATTLE CREEK, MI (WKZO AM/FM) — Three officers of the Battle Creek Police Department (BCPD) and a deputy with the Calhoun County Sheriff’s Department have been cleared in a fatal shooting that occurred in September.
On September 5, officers Ryan O’Connell, Patrick Herson and Steven Herbstreith attempted to pull over 22-year-old Andrew Charles Blowers for reckless driving. However, Blowers sped away from the officers, which lead to a high-speed pursuit. Officers were later joined in the pursuit by Deputy Brandon Hatch.
That chase ended when Blowers lost control of his vehicle and spun backwards into some trees off of Logistics Drive.
Once officers tried to take Blowers into custody with firearms drawn, he tried to escape by accelerating the vehicle until it came loose, driving towards Officer Herbstreith. The investigation report says Herbstreith retreated out of the way in fear of being struck by the vehicle.
Once that occurred, Officers Herson and Hatch opened fire at Blowers, who crashed into a police vehicle during his attempt to flee. Herson and Deputy Hatch fired more rounds at the vehicle, which crashed into woods at the end of Logistics Drive. Blowers was unresponsive in the vehicle with multiple gunshot wounds, and was pronounced dead at the scene.
According to a statement from Calhoun County Prosecuting Attorney David Gilbert, the investigation into the matter concluded that all officers involved were justified in using deadly force in this incident, citing fear of physical safety, as well as the life and physical safety of Officer Herbstreith.
The investigation also notes that the officers were justified in firing at the vehicle, as Blowers posed a “threat of serious physical harm or death to the officers or to others,” and that using deadly force was not unreasonable.
“Based on the foregoing, it is my opinion these officers violated no criminal law,” Gilbert said in his conclusion. “They acted in lawful self-defense of themselves and/or others after being put in a potentially deadly situation by the actions of Mr. Blowers. Further, the amount of deadly force used against Mr. Blowers was also reasonable due to the danger Mr. Blowers posed to police officers and the public at large.”
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