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Detroit officers will not be charged in fatal shooting of Porter Burks, prosecutor says

(CBS DETROIT) - Wayne County Prosecutor Kym Worthy says Detroit police officers who shot and killed 20-year-old Porter Burks will not be charged, adding that the officers acted in self-defense.

In a statement on Wednesday, Worthy said the incident "is a truly tragic case."

"Mr. Burks had a long history of mental illness and violent behavior and a propensity for carrying knives that had been communicated by his family to the responding officers. He previously allegedly cut two individuals and a seven-year-old girl in 2020," Worthy said. "The police spent a significant amount of time trying to get him to drop his weapon. He suddenly ran at them with the knife and covered the distance between them in approximately three seconds. Eyewitnesses to the shooting were interviewed and indicated that the police did all that they could to de-escalate the situation before Mr. Burks charged at the police. Unfortunately, Mr. Burks was fatally shot by the officers in self-defense and defense of others."

Burks was shot and killed in the early morning hours of Oct. 2. According to the prosecutor's office, five officers responded to the 14900 block of Littlefield Street at about 5:04 a.m. and spoke with Burks' brother. Officials say he was concerned because Burks was having a "real bad episode" and was walking around with a knife. He agreed to go with officers in hopes of getting Burks admitted to a hospital.

Police found the 20-year-old, who was reportedly suffering from schizophrenia, standing in the middle of the road near Snowden and Lyndon streets.

Prosecutors say officers continued talking to Burks for several minutes, using his first name, and asked him to put down the knife, which he repeatedly refused. 

Officials say officers were about 40-45 feet apart from Burks when he "took long strides" directly at an officer and then reportedly "broke into a run" with his arms raised above his head and the knife in his hand.

Prosecutors say officers yelled warnings to Burks before they fired shots when he didn't stop.

Authorities rendered CPR as he was being transported to a hospital, but he was pronounced dead on arrival.

Investigators later determined that the knife had an 8-inch long lock blade.

Prosecutors determined that the shooting was justified, adding "eyewitnesses to the shooting were interviewed and indicated that the police did all that they could to deescalate the situation before Mr. Burks charged at the police."

Police Chief James issued the following statement on Wednesday:

"The death of Porter Burks remains a tragic event that continues to call attention to the need for additional resources for those suffering from mental illness. This includes reinstituting long-term mental health treatment centers, greater awareness of behavioral health challenges and additional training. It also includes recognizing our responsibility as a community to provide support, encouragement, and assistance to individuals in mental distress.

"We greatly appreciate the time Prosecutor Worthy spent reviewing the facts and circumstances of this incident. Ensuring an objective review of such a tragic incident required the utmost professionalism within both the Michigan State Police and the Wayne County Prosecutor's Office, particularly at a time like this when emotions are running high. Their independent review confirms that the actions of our officers were justified under the circumstances.

"Enhancing and expanding mental health response and increasing crisis stabilization services remains a top priority for Mayor Duggan and the Detroit Police Department. We will continue to work with city departments and our community partners in this endeavor."

Weeks after the shooting, demonstrators gathered outside the Coleman Young Municipal Center. Members of the group "By Any Means Necessary" demanded to know the names of the five police officers.

Nearly a month after the shooting, Burks' family filed a $50 million wrongful death lawsuit against the Detroit Police Department.

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