On Monday, the Department of Attorney General announced it has concluded the review of the December 1, 2023, officer involved shooting death of Stephen Luis Romero, 33, of Lansing, without issuing charges against the officers involved, finding they acted in self-defense. An investigation of the shooting incident was conducted by the Michigan State Police. It is the policy of Ingham County Prosecutor’s Office to request the Department of Attorney General review all fatal shootings by officers in Ingham County for the possibility of misconduct or criminal wrongdoing.
On the night of December 1, 2023, Lansing police were called to respond to a domestic violence incident involving a fired gun west of Bancroft Park in Lansing, between Lake Lansing Road and East César E. Chávez Avenue. The first of several 9-1-1 calls from the neighborhood came from Mr. Romero’s wife, the victim, who informed dispatchers her husband was drunk, he had struck her, he had brandished his pistol at her, and that she was alone in a car in the driveway of their home. Two officers from the Lansing Police Department arrived at the residence and found Mr. Romero standing next to the open driver’s door of the car in the driveway, and instructed him to display his hands and get on the ground. Mr. Romero displayed his hands and knelt in the driveway.
The officers again instructed Mr. Romero to get on the ground, with his face down. Mr. Romero did not, and instead lifted his shirt to reveal a pistol in his waistband. Following further urgent instruction from the officers to get on the ground in a face down position, Mr. Romero instead reached for and grabbed the pistol in his waistband and one officer opened fire. After being struck and lowering himself to the ground, Mr. Romero again reached for the pistol, grabbed it, and this time removed it from his waistband. Both officers fired several shots. Lifesaving measures were attempted on scene by both police and paramedics, though Mr. Romero was pronounced dead at a nearby hospital shortly after arriving via ambulance, in the early minutes after midnight on December 2nd.
The Department of Attorney General review concluded the officers only fired upon Mr. Romero in moments when his hand was physically on his pistol.
Attorneys at the Department of Attorney General reviewed written reports from Lansing Police Department officers present at the scene, Lansing Police Department reports, body worn camera footage from the scene, a Michigan State Police Incident Report, Mr. Romero’s autopsy report, the Lansing Police Department’s 'response to resistance’ policy, relevant 9-1-1 calls including one from Mr. Romero’s wife, and other material.
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.
The Department of Attorney General is available to lead or support any investigation of an officer-involved shooting at the request of any county prosecutor or law enforcement agency within the state and today renews this commitment and offer.
On the night of December 1, 2023, Lansing police were called to respond to a domestic violence incident involving a fired gun west of Bancroft Park in Lansing, between Lake Lansing Road and East César E. Chávez Avenue. The first of several 9-1-1 calls from the neighborhood came from Mr. Romero’s wife, the victim, who informed dispatchers her husband was drunk, he had struck her, he had brandished his pistol at her, and that she was alone in a car in the driveway of their home. Two officers from the Lansing Police Department arrived at the residence and found Mr. Romero standing next to the open driver’s door of the car in the driveway, and instructed him to display his hands and get on the ground. Mr. Romero displayed his hands and knelt in the driveway.
The officers again instructed Mr. Romero to get on the ground, with his face down. Mr. Romero did not, and instead lifted his shirt to reveal a pistol in his waistband. Following further urgent instruction from the officers to get on the ground in a face down position, Mr. Romero instead reached for and grabbed the pistol in his waistband and one officer opened fire. After being struck and lowering himself to the ground, Mr. Romero again reached for the pistol, grabbed it, and this time removed it from his waistband. Both officers fired several shots. Lifesaving measures were attempted on scene by both police and paramedics, though Mr. Romero was pronounced dead at a nearby hospital shortly after arriving via ambulance, in the early minutes after midnight on December 2nd.
The Department of Attorney General review concluded the officers only fired upon Mr. Romero in moments when his hand was physically on his pistol.
Attorneys at the Department of Attorney General reviewed written reports from Lansing Police Department officers present at the scene, Lansing Police Department reports, body worn camera footage from the scene, a Michigan State Police Incident Report, Mr. Romero’s autopsy report, the Lansing Police Department’s 'response to resistance’ policy, relevant 9-1-1 calls including one from Mr. Romero’s wife, and other material.
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.
The Department of Attorney General is available to lead or support any investigation of an officer-involved shooting at the request of any county prosecutor or law enforcement agency within the state and today renews this commitment and offer.
