Detroit cops who shot Porter Burks won't be charged, prosecutor says

The five Detroit police officers who fired 38 rounds at Porter Burks in three seconds last month, fatally striking him 19 times as he wielded a knife during a mental crisis, won’t be charged, the Wayne County Prosecutor’s Office announced Wednesday.

Burks, 20, was believed to have been experiencing a schizophrenic episode Oct. 2 while wandering his neighborhood on the city’s west side with a 3.5-inch knife. Concerned for Burks’ safety, his older brother had called police asking for help and for Burks to be admitted to a hospital.

The decision to not charge the officers in Burks’ killing has left his family in further devastation and heartbreak as they head into Thanksgiving without their loved one, said Michelle Wilson, Burks’ aunt.

Burks' family wants Wayne County Prosecutor Kym Worthy to reverse her decision.

“I just can’t believe it. We’re devastated,” she said. "The light they are trying to shine on Porter, that's not who he was. He struggled with mental illness, but his past doesn't justify what they did to him."

More:Police, community search for mental health strategies after 2 killed by officers

Burks’ family has filed a $50 million wrongful death lawsuit against the officers. Geoffrey Fieger, their attorney, has repeatedly called the killing an “execution by firing squad.”

"He was a smart, loving person. He was a human. That's a life. He didn't deserve to be murdered," Wilson said.

"It feels like (Burks' death) is happening all over again. We are hurt, words do not describe the pain."

Worthy sided with police Wednesday, echoing Detroit Police Chief James White’s claim that responding officers had minimal time to “eliminate the threat.”

“The police spent a significant amount of time trying to get him to drop his weapon,” Worthy wrote in a statement. "He suddenly ran at them with the knife and covered the distance between them in approximately three seconds. Eyewitnesses to the shooting were interviewed and indicated that the police did all that they could to de-escalate the situation before Mr. Burks charged at the police."

White on Wednesday thanked Worthy's office for an objective review "when emotions are running high," and called for more mental health care resources in Detroit.

"The death of Porter Burks remains a tragic event that continues to call attention to the need for additional resources for those suffering from mental illness," White wrote in a statement. "This includes reinstituting long-term mental health treatment centers, greater awareness of behavioral health challenges and additional training. It also includes recognizing our responsibility as a community to provide support, encouragement, and assistance to individuals in mental distress."

Police have said Burks had approached as close as 6 feet from officers when the last shot was fired.

Fieger estimated the distance was more like 50 feet.

Edited video from the vantage point of a crisis intervention officer shows the officer‘s hand out to Burks, repeatedly asking Burks to put the knife down.

"I just want to help you, man, OK? Can you do me a favor and drop the knife? Can you drop the knife for me? Please? Please, whatever you're going through, I can help you. Porter, you're not in any trouble, man," the officer said.

Burks was mostly inaudible, but he could be heard saying he wanted to rest. He refused to put the knife down.

According to the autopsy report, there was no evidence of close-range firing. The autopsy report also did not note any injuries on Burks' body by stun gun.

The footage appears to show Burks attempt to quickly approach the officers. Police began shooting immediately, and Burks can be seen with his hands up. The video ends once the first few rounds are fired.

On Saturdays since the incident, members of Burks’ family and activists have been demonstrating near Snowden and Lyndon streets — where Burks was killed — demanding the officers be prosecuted and their names released. Calls for change in the way police respond to mental health calls escalated after another person suffering a violent mental health crisis, Ki'Azia Miller, 27, was killed in a similar incident Nov. 10, about a mile away.

And on Wednesday, Burks' family, including Wilson, was out near Snowden and Lyndon again following Worthy's announcement, chanting with a group of activists "name and jail those killer cops!"

More:Family of Detroit woman killed by police 'won't stop' fighting for justice

While members of Burks’ family have labeled the killing ”flat-out murder," Worthy said the actions of police were in self-defense.

“This is a truly tragic case. Mr. Burks had a long history of mental illness and violent behavior and a propensity for carrying knives that had been communicated by his family to the responding officers,” Worthy said.

Worthy acknowledged that the officers who responded to the call were ”unaware of Mr. Burks’ prior contacts with the law.”

Worthy said officers had guns drawn, and one officer had a taser during the five minutes officers attempted to deescalate the situation.

Officers also called for a medic, but none were available, Worthy said.

“The officers made no threats and used no hostile remarks or tones. They told Mr. Burks to stay where he was and not come any closer to them, especially when Mr. Burks would occasionally appear to begin walking toward them. Officer/Sgt. 2 had the officers back up at least once and reminded them to not advance on Mr. Burks,” Worthy said.

“Suddenly, at a distance of approximately 40-45 feet, Mr. Burks took long strides directly toward Officer 1 and then broke into a run. Mr. Burks’ arms were raised above his head, flailing, with the knife still in hand. The officers yelled more warnings to Mr. Burks and when he did not stop, they fired.”

Burks’ family and Fieger maintain that the edited videos provided to the public by police shows that Burks was not near the officers when he was shot, nor was he a threat to the officers. In their lawsuit, Fieger alleges police violated department policy by using fatal force before attempting alternative, nonlethal options.

It’s still unclear whether a stun gun was deployed. Worthy says there is evidence indicating one was deployed but did not specify what that evidence is.

Andrea Sahouri covers criminal justice for the Detroit Free Press. She can be contacted at 313-264-0442, asahouri@freepress.com or on Twitter @andreamsahouri. 

This article originally appeared on Detroit Free Press: Detroit cops who shot Porter Burks won't be charged