Shiawassee County deputy cleared in fatal shooting in Durand

CORUNNA — A Shiawassee County Sheriff's deputy has been cleared of wrongdoing in the fatal shooting of a man in April.

Shiawasssee County Prosecutor Scott Koerner, who reviewed a Michigan State Police investigation of the incident, said Deputy Nathan Kirby was legally justified in using deadly force.

The shooting happened April 13 in Durand and resulted in the death of Daniel Silver, of Shiawassee County, Koerner said in a five-page opinion released Thursday.

The shooting happened after Kirby and a Durand police officer made contact with Silver as he sat behind the wheel of a vehicle parked in a driveway on South Oak Street. The officers recognized Silver as having outstanding warrants for meth delivery, ammunition possession by a prohibited person and furnishing contraband in a jail, the prosecutor wrote.

Silver put the vehicle into reverse and accelerated toward Kirby, who was standing behind it. Kirby was hit by the vehicle but retreated into the street, and Silver drove directly toward him, Koerner said. Kirby "narrowly evaded" being struck by the vehicle while firing his weapon at the driver, the prosecutor said.

Silver sped off with the two officers in pursuit. Silver's vehicle was later found crashed in a "deep creek" located just south of the Durand city limits, with Silver dead inside.

A pathologist said Silver died of multiple gunshot wounds.

"...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," Koerner said in his release. "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."

Contact Ken Palmer at kpalmer@lsj.com . Follow him on X @KBPalm_lsj.

This article originally appeared on Lansing State Journal: Shiawassee County deputy cleared in fatal shooting in Durand