LPD shooting: AG says officers acted in self-defense

LANSING, Mich. (WLNS) — Attorney General Dana Nessel announced Monday that the Lansing police officers who fatally shot Stephen Luis Romero when responding to a domestic violence call in December acted in self-defense and will not face any charges.

Nessel says that she reviewed written reports, body camera footage, Romero’s autopsy report, LPD policies and 911 calls. She determined that the officers only fired upon Romero in the moments when his hand was physically on his gun, and were therefore justified in their use of deadly force.

The Lansing Police Department sent a statement to 6 News, saying “We thank both MSP and the Attorney General’s Office for a thorough investigation. Due to this matter being part of ongoing litigation, we cannot comment further.”

This determination was accompanied by Nessel’s review of the Michigan State Police’s investigation. 6 News summarizes her findings regarding the incident below.

On Dec 1, 2023, Officer Donovan Moore and Officer Jeffery Kurtz responded to the scene of a domestic violence incident involving gunshots heard west of Bancroft Park between Lake Lansing Rd. and E Cesar E. Chavez Ave.

Multiple 911 calls came from the neighborhood that night, the first being from Romero’s wife, the victim of a domestic assault. She informed dispatchers that her husband was drunk, hit her, and pulled a gun on her. Romero’s wife also told dispatchers that she was alone in a car in the driveway of her home.

Upon arrival at the scene, Moore and Kurtz saw Romero standing in the driveway by the car and told him to show his hands and get on the ground. Romero knelt in the driveway. The officers then told him to lie down on the ground, and he lifted his shirt to reveal a pistol in his waistband.

When the officers further instructed Romero to get on the ground, he instead grabbed the gun in his waistband. Moore then fired four shots at Romero, who fell to the ground. Romero, while on the ground, then fully removed the pistol from his waistband, and both officers fired several shots at Romero.

In total 16 shots were fired—Moore fired 9, and Kurtz, 7.

Both police and paramedics attempted to render first aid, but Romero died later that night at a nearby hospital.

Nessel’s full determination is below:

The legal issue in this case was whether the Lansing Police officers acted in a legal manner during their interaction with Stephen Romero when they used deadly force by discharging their weapons. Law enforcement officers have the lawful authority to use force to protect the public welfare, but a careful balance of all human interests is required. An officer’s decision about the level of force necessary to control an individual will be based on the officer’s perception of the threat and the subject’s apparent ability to carry out that threat.

Under all the facts and circumstances known to the officers on this date, they were justified in their use of deadly force in self-defense and in defense of others. Law enforcement officers have the same privilege of self-defense as anyone else. Shooting a gun in self-defense requires an honest and reasonable belief that an officer is in danger of being killed or seriously injured. If that person’s belief was honest and reasonable, they can act immediately to defend themselves. The act is justified where the person (1) was not the aggressor, (2) acts under an honest and reasonable belief that they are in danger of death or great bodily harm, (3) retreats from the scene if possible and (4) the only recourse lay in repelling the attack by the use of deadly force.

Here, under all of the facts and circumstances presented, the Department concluded the Lansing Police officers acted in defense of themselves and Mr. Romero’s wife in the vehicle beside him and did not act in a manner that would substantiate criminal charges.

Attorney General Dana Nessel, July 15, 2024.

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