'Delivering newspapers while Black': Off-duty cop aims gun at delivery man, faces felony charges
This post was originally published on this site
A former Michigan police officer was allowed to hold onto employment with the city of DeWitt after stopping a Black newspaper delivery man while off duty, following him, and pulling a gun on 19-year-old Alexander Hamilton. Chad Vorce was arraigned last Thursday and charged with assault with a dangerous weapon, firearm possession, and misconduct in office, all felonies, according to the office of Michigan Attorney General Dana Nessel. Vorce faces up to five years in prison and a fine of $10,000 for the misconduct charge alone.
But the city he works for, DeWitt, which is about 100 miles west of Detroit, was not able to terminate the officer, and local prosecutors in Clinton County failed to charge him with a crime, according to Fox 47. The state attorney general was instead asked to review the case in January and charged the veteran city employee.
According to the attorney general’s office, the assault charge carries a penalty of up to $2,000 and four years in prison, and the weapons possession charge carries a penalty of two years in prison.
“Our assessment of this incident showed dangerous behavior exhibited by Mr. Vorce,” Nessel said in a statement. “Those who swear to protect and serve must do so responsibly. We will not hesitate to hold accountable those who violate that oath.”
Hamilton’s lawyer Dustyn Coontz told Fox 47 he is seeking the additional charge of felonious assault and two additional felonies related to firearm possession. “I think the AG’s office is under-charging Vorce compared to how my clients are frequently charges,” Coontz told the news station.
He also filed a civil suit against Vorce and the city of DeWitt.
“The wrong-doing is obvious here, right?” Coontz told Fox 47. “We had a grown man, who happens to be a police officer, pull a gun on a teenager for delivering newspapers while Black. We are saying that that’s assault—which the Attorney General’s Office agrees, they’re saying that’s assault by a dangerous weapon—but we’re also saying that the city of DeWitt ought to bear some responsibility here.”
Vorce was not on duty when he spotted Hamilton around 7:15 a.m. on Jan. 14, 2021, in Watertown Township, Coontz stated in the suit. The community is nearly 90% white and 2.2% Black, according to U.S. Census data. At the time of the encounter between Hamilton and the police officer, Vorce, also a volunteer firefighter, was on his way to take his son to school in a personal truck fitted with emergency lights, and Hamilton was delivering the Lansing State Journal in a minivan, Coontz stated in the suit.
Vorce reportedly asked Hamilton what he was up to, and although Hamilton responded, “I’m just doing me,” Vorce called the Clinton County Central Dispatch. The top line of the office’s report reads: “BLK MALE IN THE AREA JUST DOING ME NEEDS CHECKED,” Coontz wrote in the suit.
He also stated that Vorce, an officer with the DeWitt Township Police Department for approximately 18 years, had mentioned theft-related crimes in the area. Still, instead of waiting for authorities to arrive, Vorce followed Hamilton, according to the suit.
“When Vorce pulled behind Hamilton, Hamilton tried to back up to ask what was going on, but Vorce also backed up,” Coontz stated in the suit.
“Hamilton, wary of Vorce’s activity, drove away to get out of the neighborhood and onto the much busier Airport Road.
“Vorce continued to follow him.”
At one point, Vorce alleged that Hamilton was trying to ram into him, and Vorce told a dispatcher that he was “going to go shots fired” if Hamilton did it again, according to the lawsuit.
When Hamilton made a U-turn heading back to the neighborhood on his paper delivery route, Vorce again claimed Hamilton was trying to ram him, according to the suit. “At this point, Vorce got out of his car and pulled his pistol on Hamilton,” Coontz wrote in the suit. “Vorce identified himself as police with his gun drawn.”
According to the suit:
40. It’s unclear if this was a police-issued firearm or his personal firearm.
41. Hamilton again turned his van around and drove away.
42. Vorce got back in his car and followed Hamilton, telling dispatch that this was now a priority call and that things would “turn out really bad” if help didn’t arrive quickly.43. Hamilton, fearing for his life, decided to drive somewhere public to hopefully deter violence on Vorce’s part.
44. Vorce followed Hamilton to the Sunoco (AKA Tailgaters) at 3955Ernest Way, which is in DeWitt Charter Township, Clinton County,Michigan.
45. To try to get Hamilton to stop, Vorce turned on at least his“wigwagging” headlights in his truck, and possibly his overhead emergency light too.
46. Hamilton, scared, did a few laps around the gas pumps before coming to a stop.
47. When he did, Vorce got out of his truck screaming profanities at Hamilton.
48. Amidst the profanities, he again identified himself as a police officer.
49. Vorce was wearing a reflective DeWitt Fire Department jacket.
50. Vorce again pulled his gun, looking Hamilton in the eye and aiming no higher.
Vorce didn’t fire at Hamilton, and soon after, Officer Clyde Smith, of the DeWitt Police Department, arrived although the incident happened outside of his jurisdiction, Coontz stated in the suit.
”Hamilton was unarmed, and there was no individualized articulable suspicion to indicate otherwise,” Coontz wrote in the suit. “Despite this, Smith removed Hamilton from his van and arrested him under, citing the possibility that Hamilton committed assault with a dangerous weapon by trying to ram Vorce.”
Michigan State Police Trooper Luke Shafer later arrived and after talking to two sergeants, agreed there was no basis to arrest Hamilton, according to the suit.
“After a while, Vorce indicated that he did not want to press charges after all, and Smith and Shafer allowed Hamilton and Vorce to leave,” Coontz stated in the suit. “Hamilton was handcuffed for roughly 38 minutes before being released.”
Hamilton is seeking punitive damages and asking that Vorce “be enjoined from serving as a law enforcement officer until the day he dies.”
The city of DeWitt fired Vorce months after the incident for “operating outside of his jurisdiction, using excessive force, failing to de-escalate the situation, having an inappropriate tone and demeanor, and violating the department’s social media policy,” according to records obtained by the Lansing State Journal. But an arbitrator decided to reinstate Vorce in December, writing that Vorce’s actions didn’t undermine or “significantly” impair the police department’s “good reputation.”
Yet here I am writing about it, and here renowned civil rights attorney Ben Crump is condemning Vorce’s behavior in a tweet liked more than 4,800 times.
The DeWitt city administrator did not immediately respond to Daily Kos’ request for comment.