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

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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.  

Marcus David Peters’ Family Says Autopsy Report Showed No Drugs in System

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Princess Blanding, the sister of the late Marcus David Peters, has come out saying she has the autopsy report of her brother, which she said establishes that there was no drugs in his system at time of death. RVA Mag was unable to obtain a copy of the report, which other outlets have reported may be a preliminary report and not the official, final report.

Just yesterday, Mayor Levar Stoney held community office hours, where Peters’ death was a central point. Blanding, one of the most outspoken about her brother’s death, continued to ask: how many times was her brother shot? Accounts have been spotty, but Blanding said the report she had established three, not two, shots, which she said contradicted prior information.

Bodycam footage was released previously by the Richmond Police Department, which characterized the release as an attempt at transparency. The footage from May 14 shows Peters exiting his vehicle at the edge of Interstate 95 and rolling around on the pavement. According to police reports, Peters, who was unarmed, “lunged” at Officer Michael Nyantakyi, who then fired his weapon. Blanding has stated in past meetings with the mayor that her brother has been accused of being under the influence of drugs at the time of his death. “That’s what they wanted people to think. He had to be strung out on some drugs… None detected.” If the autopsy report she had at the meeting is accurate, it would contradict the assumptions she described at the meeting.

This past Tuesday, the Commonwealth Attorney’s office received a report from the Richmond Police Department. According to WTVR, the report contains “witness statements, security camera videos, the officer’s body-worn camera video, and forensic evidence.” However, toxicology statements have not been issued yet.

The Commonwealth Attorney’s office will be concluding its investigation into the death to confirm Blanding’s statements. Although the process could take weeks or even months, his family and the broader Richmond community seems committed to keeping pressure on the city until a resolution is reached.