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FOR IMMEDIATE RELEASE:
September 6, 2024
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AG Review of Non-Fatal Jan. 2024 Police Shooting by Lansing Officer: No Charges for Self Defense
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LANSING – Today, the Department of Attorney General announced it has concluded the review of the non-fatal January 10th, 2024 officer-involved shooting of Zachary Duling, 31, of Lansing, without issuing charges against the Lansing Police Department (LPD) Officer, who acted in self-defense. It is the policy of the Ingham County Prosecutor’s Office to request the Department of Attorney General review shootings by officers in Ingham County for the possibility of misconduct or criminal wrongdoing.
On January 10th, 2024, a Jackson County Sheriff’s Deputy located wanted suspect Zachary Duling’s vehicle at his residence in downtown Lansing. Duling had twice fled from police one week earlier in Jackson County, and police had since been trying to locate him. The Deputy recruited assistance of local Lansing Police officers, including Officer Robert Olson. LPD officers approached the vehicle and found Duling inside. Duling drove his vehicle into Officer Olson while attempting to flee, hitting Officer Olson, pushing him into another parked vehicle, and knocking him to the ground. During the vehicular charge, Officer Olson, unable to escape the path of Duling’s vehicle and fearful he would be run over, fired seven rounds at Duling as he accelerated toward him, and stopped firing when he was thrown to the ground. One bullet struck Duling, who escaped the scene that night before being apprehended the next day by the MSP fugitive apprehension team. Upon his arrest, Duling was treated at a local hospital for a single bullet-graze injury.
Attorneys at the Department of Attorney General reviewed vehicle and body camera footage from Officer Olson, body worn camera footage from three other on-scene law enforcement officers, written statements of Officer Olson and each Lansing officer, police reports from Jackson County Sheriff’s Office, Lansing Police Department, and Michigan State Police, Officer Olson’s medical records from the night of January 10th, recorded radio traffic from the same night, and scene photographs among other material.
Officer Olson was justified in his use of his firearm and potentially lethal force in his own self-defense. 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 that Officer Olson acted in self-defense in response to the charging vehicle driven by Duling, 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.
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