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ELPD officer will not be prosecuted for use of force complaint

September 3, 2020
<p>An East Lansing police car photographed on March 10, 2020. </p>

An East Lansing police car photographed on March 10, 2020.

The request for prosecution regarding East Lansing Police Department, or ELPD, Officer Andrew Stephenson's use of force was denied Wednesday, according to Washtenaw County Chief Assistant Prosecuting Attorney Steven Hiller.

Stephenson's potential prosecution involved his arrest of Anthony Loggins in December of 2019.

Background on Stephenson's use of force

Michigan State Police submitted a warrant request to Ingham County Prosecutor's Office in June, asking for the review of Stephenson's actions.

The warrant request followed an investigation into two incidents regarding Stephenson's use of force. However, the investigation concluded with an exonerated disposition.

Despite the exonerated disposition, the City of East Lansing requested a use of force review from the prosecutor's office of the December incident.

Initially, a warrant request was issued against Loggins, charging him with resisting and obstructing a police officer. This decision was based on the police report without notification that Loggins had submitted a use of force complaint against Stephenson.

After reviewing body camera footage, Ingham County Prosecutor's Office dismissed all charges against Loggins.

The warrant request was forwarded to a different prosecuting office to provide an extra layer of credibility and public confidence, according to a prior release from Ingham County Prosecutor's Office. The warrant request was initially forwarded to Jackson County prosecutors; however, final determinations were made in Washtenaw County.

Prosecutor's report explains the reason for prosecution denial

Hiller's report explains dash and body camera recordings were used as evidence for Stephenson's review. The incident initially began with another officer, however, Stephenson assisted.

"After a thorough review of all the available evidence in this case, including several video/audio recordings of the incident, prosecution is denied because Officer Stephenson was acting within his authority as a police officer in trying to subdue a person who was resisting a lawful arrest," Hiller said in the report.

Hiller said there is no evidence to indicate that in placing his knee on the head and neck that Stephenson did so for any other reason other than to temporarily immobilize the head so struggling or biting could not continue. Additionally, Hiller said there was no evidence to support Stephenson intended to cause injury.

"The evidence is insufficient to create a reasonable expectation that a rational jury could find Officer Stephenson guilty of a crime beyond a reasonable doubt," Hiller said in the report. "Therefore, prosecution in this case must be denied."

Stephenson is still employed at ELPD. He will remain working in ELPD’s detective bureau, according to ELPD Interim Chief Steve Gonzalez.

Washtenaw County Chief Assistant Prosecuting Attorney Steven Hiller declined interview at the time of publication.

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