The East Lansing Independent Police Oversight Commission on Wednesday voted to request that the East Lansing City Council demand Attorney General Dana Nessel to drop all charges against DeAnthony VanAtten – a Black man who was shot by East Lansing police officers in April.
VanAtten was charged by Michigan Attorney General Dana Nessel's office with seven felony counts, including four counts of assault and three weapons charges, on Aug. 23.
He is also charged with one count of third-degree retail fraud – a misdemeanor.
Neither of the officers who shot VanAtten, Jose Viera and Jim Menser, have been charged.
It was also revealed at the meeting by ELPD Cpt. Chad Pride that one officer who shot VanAtten has returned to duty, but not in a patrol function.
The Oversight Commission's request states that if Nessel's office refuses to drop the charges against VanAtten, the case should be transferred to Ingham County Prosecutor Carol Siemon.
Siemon’s office no longer charges individuals for a felony firearm offense except under the most extreme circumstances under a new policy adopted in September 2021.
According to a report by Siemon, 80% of the people serving a felony firearm sentence in Ingham County are Black, despite the group only making up 12% of the county's population.
Additionally, in 2020, 67% of the 205 felony firearm cases issued by the Ingham County Prosecutors Office were against persons who are Black.
VanAtten is currently represented by an Ingham County public defender
Another motion, written by Oversight Commission Vice-Chair Chris Root, was passed – in which the commission’s vice-chair or chair would submit a FOIA request to the Michigan State Police for its investigation reports of the shooting of VanAtten.
Oversight Commission Chair Erick Williams requested Pride's policy complaint with ELPD, which calls for an investigation of the policies and practices contributing to the shooting, to also focus on vetting 911 calls, organizing police responses, shooting a person who is running away and shooting in a large parking lot.
The commission also voted yes on a motion to recommend City Manager George Lahanas and Mayor Ron Bacon to ask Nessel's office for the investigation file relevant to the shooting and the events leading to the shooting. Employees may need to be disciplined, and policies and practices governing law enforcement in the city may be changed, according to the commission's reasoning for the request.
The Oversight Commission will meet again on Oct. 25 at East Lansing City Hall.
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