A manslaughter charge against ex-Detroit Police Officer Juwan Marquise-Alexander Brown was dismissed by a judge, sparking prosecutors to plan an appeal. The 29-year-old was charged in the death of 71-year-old Daryl Vance, who was fatally assaulted in September outside a bowling alley, according to The Detroit News.
Brown's encounter with Vance, which prosecutors claim led to Vance's death from blunt force trauma to the head, was reviewed by 36th District Court Judge Kenneth King, who concluded there was insufficient evidence to proceed to trial. Assistant Prosecutor Max Baisel pointed to Brown's body-worn camera and other surveillance footage to allege Brown's excessive use of force in Vance's death. Despite this, the case was dismissed, with King emphasizing uncertainty over whether Vance's actions contributed to his death. As reported by WXYZ, King remarked, "Now, I don't know if anybody can reasonably expect that he would have died from that."
The Wayne County Prosecutor's Office is set to challenge the ruling. Their spokesperson expressed the intent to appeal after Judge King, questioned the consequential nature of Vance's actions leading up to the assault by Brown, according to Patch. Meanwhile, the Detroit Police Department has already terminated Brown from service, a decision that stands independent of the dismissal of charges.
Wayne County Prosecutor Kym Worthy had charged Brown and described Brown as the aggressor whose actions went criminally beyond what was necessary in this situation. This behavior cannot be tolerated by our law enforcement, she explained in a December announcement. Detroit Police Chief James White, following Worthy's stance, had stated that the officer's suspension "was influenced by concerns that, at the very least, the officer did not adequately de-escalate or disengage from the situation," as reported by The Detroit News.
Fishman, Brown’s defense attorney argued that his client was acting in self-defense after Vance hit him in the head. Brown then struck Vance, which led to the elderly man's fall and ultimately, his death. Fishman's push for self-defense comes amid sharp critiques of police conduct and the need for de-escalation tactics, as reflected in department heads' and prosecutors' assessments of the case.
