Prosecutor: Deputy ‘legally justified’ in April shooting

LANSING, Mich. (WLNS) — The Shiawassee County Prosecutor decided that Deputy Nathon Kirby’s use of deadly force in the death of 43-year-old Daniel Silver was “legally justified”—and that criminal charges do not apply.

Silver died in Durand on April 13, 2024 when Kirby shot him after conducting a traffic stop.

Shiawassee County Prosecutor Scott A. Koerno made the announcement Thursday, accompanied by a review of the Michigan State Police’s investigation into the incident, saying:

Based on a review of the facts and law, it is clear that Deputy Kirby had an honest and reasonable belief that he was in danger of being killed or seriously injured due to Silver’s actions. Silver ignored lawful commands, drove aggressively toward Deputy Kirby, striking him, and then quickly accelerated toward Deputy Kirby who was standing immediately in front of the vehicle. Such actions justify the use of deadly force in self-defense by anyone, and so justified the decision of Deputy Kirby to discharge his service weapon during the incident. Therefore, the actions of Deputy Kirby were legally justified under the doctrine of self-defense. The unfortunate death of Daniel Silver was not a criminal act.

Statement from Shiawassee County Prosecutor Scott A. Koerno, July 11, 2024

Find a detailed breakdown of Koerno and MSP’s findings below:

Timeline of the Incident

The incident began when Officer Kurt Moffit of the Durand Police Department ran the plates on a truck parked on S. Oak Street during routine patrols on April 13, 2024. He discovered that its owner had two outstanding warrants for failure to appear in court, and met up with Kirby to discuss locating the owner.

According to the release, Kirby recognized that the registered owner of the vehicle was also on the Michigan State Police’s list of suspects in transporting and selling drugs in Shiawassee County.

Upon approaching the running truck, Moffit told Kirby that Daniel Silver, who was in the driver’s seat, had outstanding warrants for delivery of methamphetamine, ammunition possession by a prohibited person, and furnishing contraband within a jail.

Moffit attempted to order Silver to open the door of the truck multiple times.

Silver then rapidly reversed the vehicle toward Kirby, who was standing at the rear of the truck and attempted to get out of the way, hitting him in the leg. Silver, after turning the car around, then drove the car directly toward Kirby, who was still standing in the road.

Kirby then pulled out his gun and shot Silver, who continued to drive the truck away from the scene southbound down Oak Street.

While chasing Silver, Kirby reported to dispatch that shots were fired, that there was a chase, and that emergency medical services would likely be needed.

Silver was found to the east of Durand Road just south of Durand’s city limits, where the truck he was driving crashed into a deep creek. Both Kirby and Moffit reported that Silver was dead on the scene.

After the Incident

Kirby reported that he believed SIlver intended to purposefully hit him with the truck before he shot him. Three other witnesses corroborated this statement—with one of them believing that the deputy was actually hit.

Sparrow Forensic Pathology conducted an autopsy of Silver’s body and found that his cause of death was due to multiple gunshot wounds.

Neither the Shiawassee County Sheriff’s Department nor the Durand Police Department utilize in-car video or body cameras, but the investigation analyzed video from homes, businesses, and social media. None of them, he says, captured the shots fired by the deputy.

Prosecutor’s Ruling

Koerno concluded in his release that Kirby and Moffit’s approach to the truck and attempted arrest of Silver were lawful, as they knew that the registered owner of the truck had warrants out for his arrest. Additionally, after identifying Silver, they knew that he also had active warrants. Therefore, Koerno concludes that the officers were legally justified in attempting to arrest him.

Additionally, Koerno says that Silver’s attempts to evade arrest and hit Kirby with the truck constituted at least four additional felonies that he would be charged with had he survived the incident, specifically:

• Failing to obey an officer’s lawful command to exit a vehicle
• Failing to stop for law enforcement and fleeing
• Assault with intent to murder
• Use of a vehicle as a weapon

Koerno then goes on to conclude that since the officers were acting lawfully and Silver was both acting unlawfully and in a manner that threatened Kirby’s life, Kirby was justified in using deadly force and shooting Silver in response and therefore not subject to criminal charges.

Find the prosecutor’s full release here:

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