Civil Rights Attorneys Raise Concerns Over Discrepancies in Police Report

GRAND RAPIDS, Mich. — Civil rights attorneys representing the family of Da'Quain Johnson, who was fatally shot by a Grand Rapids police officer in February, are raising serious questions about inconsistencies in an investigative report they obtained through a Freedom of Information Act request.

Lawyers Ben Crump and Ven Johnson say the Michigan State Police report "does nothing but open even more inquiries" into the circumstances surrounding Johnson's death.

Discrepancies in Evidence Documentation

The family's attorneys point to a notable detail in the documents that has raised concerns about the investigative process. An original incident report created by Michigan State Police Detective Sergeant Dillard Hayes listed the evidence collected as "One (1) Taurus G2C S/N: [REDACTED] two-tone tan and black 9mm pistol recovered from the ground in the SE corner of parking lot. The pistol was loaded with eight (8) rounds in the magazine and one (1) round chambered."

However, a lab report from the Grand Rapids Forensic Laboratory states that the evidence received included "1 – 9mm Luger caliber, Taurus, model G2c, semiautomatic pistol, serial number [REDACTED], with an empty magazine."

Asked why the magazine contents differ between the two documents, Spl/Lt. Pat Agema, the public information officer for the Michigan State Police's Sixth District, which includes Grand Rapids, explained that police unload firearms and store ammunition separately as part of an investigation.

"It is standard procedure to secure a firearm by removing the magazine and unloading the weapon," Agema wrote to the Michigan Advance. "In officer-involved shootings, a team of detectives is assigned to thoroughly investigate the scene."

But civil rights attorney Ven Johnson disputed this explanation.

"If Mr. Crump and I move forward with the lawsuit, which at this point certainly looks likely, one of the many depositions that we'll be taking in this case are the laboratory folks that analyze those," Johnson said in an interview. "I agree with Ben, something's off here. I don't get what they're trying to do."

Johnson continued, "If the gun's not pointed, they're not in imminent fear. They're not in reasonable and imminent fear for their own life or safety of others, and they make the arrest, they take him to jail, and the process works. If they had the pointing of a gun, we'd have seen it. We know it. And then you could say it's justified, but that's because they know if the gun is underneath him or in his hand, or both, but it's not being pointed at anyone, then they can't shoot him. It would be excessive force, and they just need to come out and admit it, and they won't."

Questions About Redactions and Officer Names

Both lawyers also raised concerns about the level of redaction in the copies of the report that were released to the public. The documents include redactions of the names of officers directly involved in the shooting, which have not been released despite calls from Angelica Johnson, Da'Quain's mother, for transparency.

"Why is it all redacted?" Johnson asked. "What are we hiding? Obviously they have no problem listing my client's name. Obviously they have no problem listing what they believe my client's previous record to be. They don't have any problem listing much, except if it has to do with the officers involved."

Ben Crump added, "If they were proud of what they had done, they would own it. If this was within policy of what they did, they would own it."

Video Footage and the Narrative

The family and community members have disputed the police narrative that Johnson was reaching for a gun or pointing it toward officers when he was shot three times in the back.

Grand Rapids police released a limited amount of body camera and dashcam footage the day after the shooting, but bystander footage seemed to dispute whether Johnson actually was reaching for a gun.

A review of apartment complex parking lot video footage by the state police reads, "The K9 appears to latch onto his upper left arm as Ofc. [REDACTED] approaches with his pistol drawn. Daquain's right elbow appears to flare outward consistent with pulling an object from his waistband area. Ofc. [REDACTED] then appears to step on Daquian's right arm with his left foot."

The Grand Rapids Police Department deferred answers to questions about the report to the Michigan State Police, and MSP declined to comment on this detail so as not to "compromise the integrity of the investigation."

Prosecutor Still Determining Justification

The Kent County Prosecutor's Office has not yet announced a determination on the shooting. Michigan State Police wrapped up their investigation and forwarded their findings to Kent County Prosecutor Chris Becker's Office on March 3. The prosecutor will determine if the officer's actions were justified in the Feb. 18 shooting that killed Johnson.

Johnson's death certificate listed a gunshot wound to the back as the cause of death. Investigators have access to a trove of video evidence, including squad-car camera footage, body-worn camera video, surveillance cameras at the apartment complex, and neighbors with cellphone video.

The officer who pulled the trigger was placed on administrative leave, which is standard protocol. The attorney representing two of the Grand Rapids police officers involved asked the public to let the investigation run its course before drawing conclusions.

Community Impact

The shooting has left a lasting impact on the Johnson family and the broader Grand Rapids community. Da'Quain was a father of three, and his mother Angelica has been fighting for transparency and accountability since his death.

The case has drawn national attention, with civil rights attorneys Ben Crump and Ven Johnson representing the family. Crump, who also represented the family of Patrick Lyoya, who was fatally shot by Grand Rapids police in 2022, said the family's case "raises alarm bells."

The prosecutor's determination will come after reviewing all available evidence, including the Michigan State Police investigation and any additional information that may surface. The outcome could have significant implications for how officer-involved shootings are investigated and prosecuted in Kent County.

Sources:

• Yahoo News: "Lawyers for man killed by Grand Rapids police officer raise questions about investigative reports" — https://www.yahoo.com/news/articles/lawyers-man-killed-grand-rapids-185727930.html
• WZZM 13 On Your Side: "Da'quain Johnson had loaded handgun with round in the chamber when GRPD Officer fatally shot him, police report says" — https://www.wzzm13.com/article/news/local/daquain-johnson-had-loaded-handgun-with-round-in-the-chamber-when-grpd-officer-fatally-shot-him-police-report-says/69-57f06798-38e8-42e9-8107-6fe1f76979d6
• Bossip: "Medical Examiner Rules Da'Quain Johnson Death Homicide" — https://bossip.com/4535712/grand-rapids-medical-examiner-rules-daquain-johnson-death-homicide/