Calhoun County prosecutor won't charge security guard in fatal Cricket Club shooting

Calhoun County Prosecutor David Gilbert cited Michigan's "stand-your-ground" self-defense law among reasons for not issuing charges against the alleged shooter in the Nov. 24 fatal shooting of Xavier West.

After the prosecutor released his decision Tuesday, Battle Creek Police Chief Jim Blocker said Wednesday that his department will ask the Michigan Attorney General's Office to review the case as well.

West, 29, was shot twice in the chest during a fight inside the Cricket Club at 34 W. Michigan Ave at around midnight on Thanksgiving. He died from his injuries at Bronson Battle Creek Hospital.

The downtown bar was packed for what is typically its busiest night of the year, with over 900 reported inside the Cricket Club at the time of the shooting, despite a capacity of 300, according to the report. . Police said the incident began when a fight among customers erupted on the second floor and security guards were escorting some of the people out of the bar.

At least two videos of the incident were captured by bar patrons and posted to social media, and the Battle Creek Police Department obtained security footage from the bar as part of its investigation. Videos show the fight on the first floor of the bar, where a 34-year-old security guard was knocked down, punched and kicked before firing two shots at West.

Police said West participated in the fight but did not have a weapon.

In December, the Battle Creek Police Department submitted a case for charges to the prosecutor's office. The 81-page report included interviews with 20 of the 22 security guards working that night, not including the alleged shooter, as well as 13 employees and 12 patrons.

MORE: Family and friends mourn death of Xavier West

Petition seeks removal of prosecutor, BCPD from investigation of Cricket Club shooting

Battle Creek police seek more video and witnesses from the Cricket Club shooting

According to the report, the security guard who was working the front door was one of "a few" security guards given permission by the bar's owners to conceal-carry a firearm that night and had a valid Michigan concealed pistol license. Although officials released the guard's name when seeking charges, the Battle Creek Enquirer is not naming him in this article because charges have been declined.

According to a detective who reviewed footage of the incident, West was part of a group being ushered downstairs after a fight erupted upstairs stemming from a drink being thrown. Once downstairs, the security guard appeared to direct someone toward the door when one or two people appeared to take a swing at him, and the group went to the ground.

“(Security guard) is on the floor being struck by numerous people,” Gilbert wrote. “The aggression is specifically targeted at (security guard). (Security guard) appears to try to get back up but the crowd pushes him back down while hitting him.”

Gilbert's opinion cited a 9-second social media video as the clearest of the incident. The video shows West kicking and punching the security guard in the head with his right hand as he held on to the guard's shirt with his left hand, according to the report. West was being pulled away by another patron but held on to the shirt of the bouncer.

After breaking free from the person trying to hold him back, West either fell or dived onto the security guard's back, causing the guard to fall forward. The security guard, still kneeling, turned and extended his left arm out when two shots were heard on the video. The security guard then stood up with the gun at the ready and shouted "get back" twice.

After being shot, West stood up and walked to a nearby couch and sat down.

Responding officers found the gun used in the shooting unloaded in a walk-in fridge area with a magazine and one loose round of ammunition laying next to it. The security guard was handcuffed and taken to the Battle Creek Police Department for questioning, where the guard asserted he had been in fear for his life before declining to make further statements. Police noted in their report the security guard "had blood on his face that appeared fresh and complained of a possible concussion."

Michigan's "stand-your-ground" self-defense law provides an affirmative defense to those using deadly and non-deadly force when faced with threats of great bodily harm, death, or unlawful force from another.

Gilbert noted in his opinion that there were two other "apparently valid self-defense claims" in Battle Creek in 2021, including the same morning of the Cricket Club incident when a women shot her unarmed boyfriend as he was attacking her. She was taken into custody for questioning and released.

"Based on the information and evidence currently available, self-defense cannot be disproven beyond a reasonable doubt and a criminal conviction is unlikely under our self-defense laws," Gilbert concluded in the opinion. "The Battle Creek Police Department made public requests for witnesses and other information regarding this matter prior to filing their report with this office for the second time. Of the over 900 patrons at this bar at the time of the shooting, approximately 12 gave statements."

Gilbert has come under scrutiny for an alleged conflict of interest in the case. A change.org petition by Christen Hardy of Los Angeles, formerly of Battle Creek, sought Gilbert's removal as prosecutor in the case, claiming he has a personal friendship with the bar's owners through their connection to the Republican Party. As of Wednesday, the petition had nearly 2,400 signatures.

In response to no charges being filed, Battle Creek Police Chief Jim Blocker issued a statement that the department submitted its findings to the Michigan Attorney General's Office for review on Wednesday, which will keep the case active.

“I respect the work of our prosecutor, and the effort his team placed into this complicated case,” Blocker said. “Out of respect for the family, others involved in the incident, and our greater community, I have requested the Michigan Attorney General’s Office review this case and its findings.

"All files, reports, and our staff will be available to support a second look at the case, if the state Attorney General grants it.”

Contact reporter Nick Buckley at nbuckley@battlecreekenquirer.com or 269-966-0652. Follow him on Twitter:@NickJBuckley

This article originally appeared on Battle Creek Enquirer: Security guard won't be charged in fatal shooting at Cricket Club