DETROIT (WXYZ) — Defense attorney Steve Fishman argued that his client, now former Detroit Police Officer Juwan Brown, was acting in self-defense when he struck a 70-year-old man who died three weeks later.
The confrontation between Brown and Daryl Vance took place on September 1, 2023, outside the Garden Bowl on Woodward.
After being struck, Vance fell to the ground and hit his head. He was taken to the hospital where he died three weeks later.
Brown was terminated from the Detroit Police Department and charged with involuntary manslaughter and misconduct in office.
On Thursday, Brown's preliminary examination took place and it was rather unusual from the start.
Wayne County Assistant Prosecutor Max Baisel did not call anyone to the stand, instead, relied on videos from Officer Brown's body-worn camera and a surveillance camera that was positioned outside the bar where workers called for police assistance with Vance who was being disorderly.
36th District Court Judge Kenneth King said the case involves a 70-year-old man who lost his life but questioned whether it was the result of his own actions, asking whether Vance caused "his own peril by his own actions."
Judge King tried to point out to prosecutors where he said he could see Vance extend his left hand and hit the officer.
"And after that was done, the officer hit him and down he went," said Judge Kenneth King. "Now, I don't know if anybody can reasonably expect that he would have died from that.
Assistant Prosecutor Baisel said Officer Brown's actions were excessive, saying he escalated the situation and could have called for backup.
Ultimately, Judge King decided there was not enough evidence to order Brown to stand trial on manslaughter or misconduct in office.
A spokesperson for the Wayne County Prosecutor's Office said they will appeal the decision to drop the charges.
A spokesperson for the Detroit Police Department released the following statement in response to today's events:
The decision to terminate former Officer Brown was based on a variety of factors and is not contingent with the status of criminal charges.
Each disciplinary case is evaluated on whether the rules and regulations of the Department are met, and is separate and independent of the judicial system.
