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Tag Archive | "Andrea Krause"

Prosecutor rules Trooper justified in using deadly force


Travis Quay was killed by police in October after he shot an officer with a crossbow during an arrest.

Travis Quay was killed by police in October after he shot an officer with a crossbow during an arrest.

Montcalm County Prosecutor Andrea Krause ruled on Tuesday that the Michigan State Police Trooper who fatally shot a suspect, after the suspect shot another police officer with a crossbow, was justified in using deadly force.

On Friday October 9, Travis Lee Quay, 40, was shot and killed by Trooper Timothy Moreno, of the Michigan State Police, after Quay shot at officers with a cross bow, striking Montcalm County Deputy Michael Kotenko, while they were attempting to serve an arrest warrant for felonious assault on Quay at 8072 Townline Lake Rd., in Lakeview.

Krause said that in order to reach a legal opinion, she reviewed multiple reports from the Michigan State Police, Lakeview Police Department, Montcalm County Sheriff’s Office, an interview with Deputy Kotenko, the Montcalm County Medical examiner, crime scene photos, 911 dispatch recordings, a search warrant and two MSP Lab reports.

Krause explained the sequence of events:

The incident began when Troopers from the Michigan State Police Lakeview Post investigated a felonious assault incident during the day on October 9, which occurred at the above address. The complainant in that incident, Timothy Schultz, reported that his neighbor, Travis Quay, accused him and his son, Kevin Schultz, of stealing his marihuana. Quay reportedly held Timothy at knife point. Timothy’s adult son, Levi Schultz, reported to troopers that he went to Quay’s residence to talk about the incident when Quay stabbed him in the arm with a pitchfork. Troopers attempted to contact Quay at his residence and were unsuccessful.  Troopers obtained a felony arrest warrant for Quay and entered Quay’s home but were unable to locate him.  They cleared the scene and requested Timothy to contact them if he saw Quay return home. That investigation is documented in MSP Lakeview Incident 64-7574-15.

Montcalm County Central Dispatch contacted Trooper Moreno on October 9 at approximately 11:15 p.m. and informed him that Travis Quay was home. Dispatch told Tpr. Moreno that the neighbor contacted them and provided the information. Dispatch briefed Tpr. Moreno of the earlier incident and the fact that Quay had a two-count felony warrant for his arrest.  Tpr. Moreno met with Deputies Kotenko and Wierda from the Montcalm County Sheriff’s Office, and Officer Mack from the Lakeview Police Department at the Wesco in Lakeview. At that time they discussed the situation and then the four of them responded to Quay’s residence.

Tpr. Moreno and Deputy Kotenko went to the front door (west side) of the trailer home. Tpr. Moreno knocked on the door and Quay’s wife, Michelle Quay, answered. Tpr. Moreno advised Michelle that there was a felony arrest warrant for Quay. She told him that Quay was not home.  Tpr. Moreno made entry into the home with Deputy Kotenko entering behind him.  Under current law the police are legally justified to make entry into a residence when they have an arrest warrant.  Tpr. Moreno was to clear the left side of the residence as they entered while Deputy Kotenko was going to clear the right side of the residence.  As Tpr. Moreno entered the residence, he yelled out for Quay. Travis Quay was in the southwest corner of the kitchen (south or right side of the entry door) armed with a crossbow.  Tpr. Moreno was the first to spot Quay, as Kotenko was not fully inside yet.

As Tpr. Moreno saw Quay, and saw a large bow aimed at him, he ordered Quay to drop it as he started to reach for his firearm.  Deputy Kotenko was just inside now and starting his sweep of the right side when a loud thud was heard by Tpr. Moreno.  He knew Quay had fired but was not sure if he was hit, or another officer, or if it hit a wall.  Tpr. Moreno then heard a loud yell of pain come from Deputy Kotenko.  Quay had shot a crossbow bolt with a triple fixed blade broadhead, which struck Deputy Kotenko in his right side below his right arm and the arrow lodged in him.  In fear for his life and the life of the other officers on scene Tpr. Moreno returned fire at Quay.  Tpr. Moreno fired three shots in Quay’s direction, with one round hitting Quay in the upper left chest. Quay went to the floor face first, where Tpr. Moreno placed his hands in handcuffs behind his back. Three fired cartridge casings were found at the scene. Two fired bullets were found on the floor near Quay and one fired bullet was removed from Quay during the autopsy.

Quay was pronounced deceased at the scene by medical personnel at 12:54 a.m.  Deputy Kotenko was transported to Spectrum Butterworth by Aero med, where he underwent surgery to remove the crossbow bolt.

Other information gathered by the police includes that Quay, earlier that night, had made statements to others that he would not go back to jail.  He also specifically brought the crossbow back to his house that night from a friend’s house.  Another cross bow bolt with a broadhead tip and empty quiver were observed in close proximity to Quay on the southeast side of the kitchen.  A compound bow which had an arrow with broadhead nocked was located north of the entry door.  An open bow case was observed on the bed in the north bedroom.  An aluminum softball bat was found near the countertop/bar between the kitchen and living room east of the entry door.  Additionally, three paper bags of marihuana were also found in the living room.

The autopsy report listed the cause of death of Travis Quay as a gunshot wound of the chest. Toxicology reports listed his ethanol level as high as 0.19. He also tested positive for marihuana.

“As is the case in any fatal shooting, it is important to emphasize the purpose of this review.  It is not to determine whether the police officers could have or might have done something differently.  It is not whether, with the full benefit of hindsight, this tragic death could have been avoided.  Rather, the sole question to be answered is whether the death of Travis Quay was the result of a criminal act,” explained Krause.

“Based upon a review of the facts and the law, it is clear that Travis Quay presented an immediate danger of death or great bodily harm to Trooper Moreno, Deputy Kotenko and the other officers at the scene. As such, Trooper Moreno acted properly in self-defense.

“Trooper Moreno told Quay to drop the weapon. Instead of being arrested on the warrant, Quay fired at officers, striking Deputy Kotenko in his side with a crossbow bolt. Trooper Moreno, fearing for his own life and that of the other officers, fired three rounds in the direction of Quay.  One round struck him in the upper left chest, killing him. Under these circumstances, Trooper Moreno was justified in using deadly force against what would be perceived by any reasonable person as an imminent danger of death or great bodily harm.”

Trooper Timothy Moreno is a three year veteran with the Michigan State Police, and he is a lieutenant in the National Guard.

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Prosecutor: deadly force justified in Greenville death


Montcalm County Prosecutor Andrea Krause said in a press release this week that Greenville resident Jess Braman was justified in using deadly force when he shot and killed a naked stranger that broke into his home and would not leave on September 6, 2014.

The Greenville Department of Public Safety received a report at 6:55 a.m. of a naked man running through a Greenville neighborhood who was attempting to gain entry into a home at 303 West Grove Street. Officers began to look for the man. At 7:23 they got the info that the man was inside a home at 105 South Barry (Braman’s address). That was followed by the info that Braman had shot him.

Jess Braman had gotten up at 6:40 a.m. and let his dog out the back sliding door, and did not relock it. Soon after, his neighbor, Chris Harrington, told Braman that his (Harrington’s) wife had seen a naked man in their backyard. Braman then went upstairs to take a shower. When he came down he found the naked stranger on his couch, covered in a blanket.  Braman went up and got his 17-year-old stepson and asked him if it was a friend of his, and the teen told him no.  Braman then got a shotgun from an upstairs closet and loaded it.

Braman woke up the man, John Russell, 27, and told him several times to get out of his house.  Braman also yelled out his front door for his neighbor Harrington to call the police and come over to his house.  Harrington arrived and entered Braman’s home.  Harrington, along with Braman, told Russell to get out of the house.  Russell made another statement at that time that “There ain’t three cops out there that can go toe-to-toe with me and take me down.”

Russell reportedly stood up and went at Braman and Harrington. Braman raised the shotgun and Russell grabbled the barrel and started to pull, and Braman fired. He also said that when Russell stood up he immediately noted that Russell was bigger than him and felt he would be overpowered.  Braman also feared for his family and did not want to see anything happen to them. (Living in the home with Braman was his wife and four teens. All were home at the time.) He also stated that Russell had a look in his eye that put him in fear.

Police learned that Russell had been at the bar the night before, and had become very intoxicated. He later went to a friend’s house where he knocked over a TV, punched holes in the wall, threw tables around and broke a fish tank. He was described as out of control. He later left the home, and was seen by a homeowner between 3 and 4 a.m. stumbling around. A couple of friends were trying to talk him into going back with them. He reportedly fell and hit his head, and stumbled down a hill, possibly into a swamp. Police later found his clothes there.

The toxicology report showed his ethanol level at .26, and he tested positive for marijuana.

Krause said that even under the Self-Defense Act, self-defense is not justified simply on a belief that deadly force is needed to repel an attack. “Rather, the actor’s belief must be both honest and reasonable. The belief does not, however, have to be correct. Self-defense justifies the use of deadly force in response to an honest and reasonable belief that such force is required to prevent death or great bodily harm, even if that belief is in error.”

“The evidence in this matter is overwhelming that John Russell presented an immediate danger of death or great bodily harm to Jess Braman and Chris Harrington and Braman acted properly in self-defense,” said Krause. “Braman repeatedly told Russell to leave his home. Instead of leaving peacefully, Russell attempted to grab and/or push or pull the gun. Braman, fearing for his own life and that of his family and Harrington, especially in light of the perceived size difference between the men, fired one round into the chest of Russell killing him.  Under these circumstances, Braman was justified in using deadly force against what would be perceived by any reasonable person as an imminent danger of death or great bodily harm.”

 

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