Tensions High at Police Oversight Commission Following the Release of MSP Investigation of Meijer Shooting

The release of a Michigan State Police (MSP) report on the April 25, 2022, police shooting at the East Lansing Meijer on Lake Lansing Road did not ease tensions over the incident, as disagreement permeated the Wednesday, May 3, East Lansing Independent Police Oversight Commission (ELIPOC) meeting.

The results of the MSP report have been long awaited by the commission, which has sought to examine the practices that led to the police shooting of DeAnthony VanAtten in the Meijer parking lot. VanAtten, who was 20 at the time of the incident, was exiting the store when he was approached by two East Lansing Police Department (ELPD) officers, Jose Viera and Jim Menser.

VanAtten was carrying a gun and ran from police. VanAtten discarded his weapon after ducking behind a car. The two responding officers then fired a total of eight shots at VanAtten, striking him twice. He survived the shooting and was later charged with seven felonies and a misdemeanor by Michigan Attorney General Dana Nessel.

At this Wednesday’s meeting, members of the public and commissioners voiced opinions on the commission’s relationship with the ELPD, police actions that led to the shooting and the Oversight Commission’s objection in September 2022 to charges filed against VanAtten.

Following a request from the commission, in a 3-1 vote last September, Mayor Ron Bacon, Mayor Pro Tem Jessy Gregg and Councilmember Dana Watson called on Nessel to drop the charges. Councilmember George Brookover voted against sending the message to Nessel. Watson and Noel Garcia are now the Council liaisons to the Police Oversight Commission.

Disagreements during public comment carry over to ELIPOC discussion.

Differing opinions were expressed during the public comment portion of the meeting, with multiple speakers expressing ongoing support for ELPD and others asking for change.

One speaker, Laura Cook, defended ELPD and said she is hoping the commission is no longer asking that charges against VanAtten be dropped. Commissioner Kath Edsall later said she still feels the charges should be dropped.

Cook justified her statement by pointing out that the Michigan State University shooter previously had a felony firearm charge but was able to take a plea deal and purchase a weapon. Nessel made a similar connection the day after the MSU shooting in a controversial tweet.

VanAtten illegally possessed the gun he had on him during the incident. Recordings from the incident show no attempt on his part to use the weapon, showing only a hasty attempt to throw it away as police chased him. VanAtten faces more than 20 years in prison under the current charges.

One speaker, Aislinn Langley, pushed back against Cook’s comments.

“It’s interesting having people come in on a very specific topic and especially bringing in the MSU shooting of all things,” she said. ”I thought that if we were going to hear about that it would have been a couple months ago. When the shooter was a Black male, I was immediately concerned that was going to be used in other ways as we are pursuing gun reforms and things we should obviously do.

“I don’t, as much, see the connection between the MSU shooting and the shooting of the young man at Meijer,” Langley continued.

Cook spoke again after Langley’s comments to say many people feel the same way she does but do not speak out in fear of being criticized.

Commissioner Amanda Morgan said she appreciates that the commission gives people of varying opinions a space to voice them.

Commissioner Shawn Farzam said the commission continuing to focus on the April 25, 2022, incident may make it seem like ELIPOC is trying to “catch” ELPD and is not moving on to other issues.

“I’ve been frustrated with it, I’m glad to hear other members of the community have frustration about it as well,” he said.

Commissioner Ernest Conerly said the commission may have strayed a bit too far from collegiality and he worries this carries over into the community. He said that, during public comments, you could see the division on the commission based on members’ body language.

“We’re supposed to be a role model for the community and how we react to the police affects how they’re reacting to the police,” he said, adding the commission should not have allowed the back-and-forth during public comment.

Vice Chair Chris Root pointed out that ELIPOC is looking into policies because ELPD Chief Kim Johnson asked them to. She suggested this shows that the commission is committed to working with the police.

ELPD and Oversight Commission both say understanding other perspectives is important – but there’s still a divide between the two groups.

Captain Chad Pride, ELPD’s liaison for the commission, previously extended an open invitation for commissioners to join ELPD officers on a ride-along. At least one commissioner, Edsall, is not interested in the offer at this time.

“We keep hearing ‘Do this ride-along, do this ride-along,’” she said. “What are the police doing to understand what it’s like to live in poverty? To live in Black skin?

“When they skip out on the DEI work that the city offers and don’t try to do that work to have that understanding, I will continue to disregard the invitation to do a ride along,” Edsall continued. “Understanding each other is important, not just one side understanding the work that the other one does.”

During his comments portion of the meeting, Pride agreed with Edsall that it is important to be able to see things from other perspectives. He reiterated his offer for commissioners to go on a ride-along, or come to the department to speak with officers or attend training.

“This commission and the police department have to work together,” he said.

Root and Morgan both expressed interest in attending training.

Later in the meeting, Edsall responded to a comment Pride made about officers being caught in a traumatic situation during the Meijer shooting, a situation which makes it difficult to act perfectly. She pointed out that VanAtten was also in a traumatic incident, as are many people who are apprehended by police.

Edsall outlined changes that can happen when an individual’s “fight or flight” instincts are activated.

“At what point do we put into training that that’s exactly what DeAnthony was experiencing when two police officers confronted him in that store?” she asked.

Edsall also shared a personal anecdote where her son, who has autism, was stopped by police. She said he had been trained to get his mother in this situation, so he turned from the officer and was now fleeing the scene. She said her son’s fight or flight instinct was initiated and he pulled away from the officer, which resulted in her son being thrown into the front of a police car.

“Everything had a reason that the police did,” she said. “Everything had a reason that my son did.”

Policies and training remain the center of discussion at commission meetings.

Pride said a review of the Meijer shooting showed the two officers who shot at VanAtten, Menser and Viera, did not violate any ELPD policies. He added two other officers who came to the scene violated minor policies, like using chewing tobacco and not using a seatbelt.

Both Pride and the commission agreed the incident is an opportunity to learn about what can be done better. Morgan said one thing she noticed is that after Menser fired two shots, officers yelled “shots fired,” but there was no indication it was the police who fired the shots. Viera then fired six shots.

“I feel like that’s something to talk about, that may have caused confusion, but it didn’t violate a policy,” Morgan said.

Pride responded by saying this may be something that should be addressed through training or a policy change. Morgan suggested the officers clarify when they shoot – similar to a baseball player who calls for a fly ball.

“There’s an opportunity here to train, to learn,” Pride said.

Morgan also said the fact no policies were broken when the shooting happened in a public space makes her less trusting of the system.

Commissioners said ELIPOC and ELPD need to work toward finding safer solutions for incidents like the one that led to the Meijer shooting. Ideas included getting officers on-scene but not engaging unless a threat emerges and identifying the suspect to follow up at a location that does not put bystanders at risk.

The Oversight Commission is still short three members.

Following the heated public comment portion of the meeting, ELIPOC Chair Erick Williams appealed to residents who may have an interest in joining the commission, which is currently short three members.

“If anybody has feelings about this and is willing to do work – that’s the thing we need is people to do work – I really don’t care what your politics are,” Williams said. “If you’re willing to do work, apply to be on the commission.”

Interested members of the public can review the city’s guidelines for joining a commission here. The staff resource for the Police Oversight Commission, DEI Director Elaine Hardy, can be reached at ehardy@cityofeastlansing.com.

At the meeting, ELPD Captain Pride announced that ELPD Lieutenant Adam Park will be attending upcoming commission meetings. Pride will continue his work with the commission as Park shares the work.