Marcus-David Peters Shooting Declared an “Act of Justifiable Homicide” by Commonwealth Attorney

by | Aug 31, 2018 | COMMUNITY

In a report released Friday morning, Richmond Commonwealth’s Attorney Michael N. Herring said he will not pursue criminal charges against the officer who shot and killed Marcus-David Peters on I-95 on May 14.

Herring described the event as “an act of justifiable homicide,” and said the use of force was “reasonable and necessary” given the unusual circumstances of the event.

Richmond Police Department also announced today in a press release that the Commonwealth Attorney’s Office completed their portion of the investigation of the Peters shooting, who was shot after allegedly showing signs of mental instability. The investigation now must be completed by RPD Internal Affairs using the report submitted by the Department-generated Force Investigation Team (FIT).

“The review of this incident by Commonwealth Attorney Michael Herring and his staff is a critical phase in the criminal investigation of this incident,” said RPD Chief Durham in a press release. “I appreciate the thorough efforts of Mr. Herring and his staff and we respect the decision they have made. This incident will forever remain a tragedy for all those involved.”

Peters, 24, was naked and unarmed during the incident, but charged the officer, who deployed his taser gun. After the taser proved ineffective and Peters threatened to kill him, Richmond Officer Michael Nyantakyi pulled his weapon. Peters died early the next morning.

“Mr. Peters’ altered mental state, his nudity and the fact that he was unarmed are all mitigating factors,” reads the Commonwealth Attorney’s report, co-written by Assistant Commonwealth’s Attorney LaToya H. Croxton. “However, there should be little question that the officer reasonably feared that Mr. Peters’ aggression and apparent insensitivity to pain foreclosed lesser interventions and therefore constituted an imminent threat of death or serious bodily injury.”

This decision comes after months of activism from citizens and community leaders, spearheaded by Peters’ sister, Princess Blanding, who had no faith Herring would “make the right decision, which is to charge the officer.” She and other activists argue that Peters needed “help, not death.” Peters was a high school biology teacher who hoped to dedicate his life to youth in need.

His autopsy report found Ritalin present in Peters’ system, a drug commonly used for ADHD and narcolepsy. Peters did not have a prescription for the drug.

Officer Nyantaki has been on administrative leave since the shooting, but will now be placed on administrative assignment in non-public contact position until the investigation is complete.  

Madelyne Ashworth

Madelyne Ashworth

Madelyne is a Richmond native and staff writer at RVA Magazine, primarily covering politics and white nationalism in Virginia. She spent the past four years working and living in D.C., earning her B.A. in journalism and running to the White House every time the President sneezed. Follow her on Twitter at @madelyne_ash.




more in community

GoFundME for Gallery5! Support A New Chapter For A Richmond Icon

Gallery5, a cornerstone of Richmond's First Fridays celebrations, commemorated its 19th anniversary last week—a milestone shared with us at RVA Magazine. This cherished institution is not just a gallery but a community hub, known for its unwavering support of local...

Will 225 People Watch ‘Predator’ With Us at the Byrd?

“You’re one ugly motherfucker.”   — Major Dutch Schaefer, upon making first contact with an Alien species. Since humanity has looked to the stars, a singular question has lingered over our non-terrestrial endeavors — are we alone up there in the night sky?...

Legislators Reject Youngkin’s Skill Games Limits

Will skill game machines resembling slot machines return to convenience stores? Not immediately, but legislators have set the stage for these machines to potentially make a comeback, should the Governor choose not to intervene. In a bipartisan measure, Democrats and...

Congrats 821 Cafe! A Favorite Richmond Hang Out Turns Twenty

821 Cafe, the unassuming diner/restaurant/bar on the corner of Cherry and Cary streets - where Oregon Hill and the Fan meet - turns 20 years old in its current incarnation. Andrew Clarke and Chip Cooke bought the place from its previous owners back in 2004, and have...

JewFro restaurant was robbed. Help them bounce back.

We were made aware of this post from the restaurant and wanted to lend our support. If you have any details that could assist, please step forward and notify the authorities. Additionally, there's a GoFundMe campaign established to aid their recovery, which you can...