Prosecutor Sets Thursday Date for Decision on February Shooting

KENT COUNTY, MI — Kent County Prosecutor Chris Becker will announce Thursday whether the fatal shooting of Da'Quain Johnson by a Grand Rapids police officer is justified after reviewing Michigan State Police investigation reports.

Becker has scheduled a 4 p.m. press conference to reveal his decision on the case that has drawn intense scrutiny from Johnson's family and civil rights attorneys.

Timeline of Events

Johnson, 32, was fatally shot on February 18 in the parking lot of Eastern Lofts apartments at Eastern Avenue SE and Dunham Street in downtown Grand Rapids.

Police pursued Johnson, who was riding a bicycle, after another officer reported that Johnson — on parole for a weapons violation — was armed with a pistol.

Johnson fell in the parking lot before a police K-9 was released and latched onto him. The K-9 officer shot Johnson in the back and immediately stated that Johnson had pointed a gun at him.

Police found a loaded semi-automatic pistol where the struggle had occurred.

Family and Attorneys Dispute Police Narrative

Johnson's family and civil rights attorneys Ben Crump and Ven Johnson 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.

Attorney Ven Johnson said, "Everything about this case raises alarm bells."

The family's lawyers have reviewed a redacted copy of multiple documents from a Michigan State Police report and raised several concerns about discrepancies in the investigation.

Magazine Contents Discrepancy

One notable detail in the reports concerns the contents of the magazine that police claim was Johnson's 9mm pistol recovered from the scene.

In the original incident report created by Michigan State Police Detective Sergeant Dillard Hayes, the investigative officer noted the evidence included "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, the lab report from the Grand Rapids Forensic Laboratory stated that the evidence received was "1 – 9mm Luger caliber, Taurus, model G2c, semiautomatic pistol, serial number [REDACTED], with an empty magazine."

Spl/Lt. Pat Agema, the public information officer for the Michigan State Police's Sixth District, which includes Grand Rapids, said police unload firearms and magazines as part of standard investigation procedure.

But Johnson, one of the lawyers for the family, said, "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."

Questions About Transparency

Both lawyers also raised concerns about the level of redaction in the investigative reports released to the media.

"Included in the redactions are the names of the officers directly involved in the shooting, which have not been released despite calls from Angelica Johnson, Da'Quain's mother, for transparency since his death," the article noted.

"If they were proud of what they had done, they would own it," Crump said of the decision not to release the officers' names.

Body Camera Footage

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

A review of apartment complex parking lot video footage by state police stated: "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, which declined to comment on this detail so as not to "compromise the integrity of the investigation."

Community Response

Since Johnson's shooting on February 18, his family and community members have protested outside Grand Rapids City Hall, demanding answers.

Attorney Ven Johnson noted, "If they had the pointing of a gun, 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," Johnson continued. "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."

Background on Johnson

Johnson was 32 years old at the time of his death and lived in Grand Rapids. His death has been described as an assassination by his attorneys, while the officer's supporters say the shooting was justified in self-defense.

The officer's name has not been released as part of the ongoing investigation.