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LEGAL NEWSLINE

Thursday, September 19, 2024

Attorney general clears Lansing officer in non-fatal shooting case

State AG
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Attorney General Dana Nessel | Official website

LANSING – The Department of Attorney General announced today that it has concluded its review of the non-fatal January 10, 2024, officer-involved shooting of Zachary Duling, 31, of Lansing. No charges will be issued against the Lansing Police Department (LPD) Officer involved, who acted in self-defense. The Ingham County Prosecutor’s Office had requested the Department of Attorney General to review shootings by officers in Ingham County for potential misconduct or criminal wrongdoing.

On January 10, 2024, a Jackson County Sheriff’s Deputy located wanted suspect Zachary Duling’s vehicle at his residence in downtown Lansing. Duling had previously fled from police twice one week earlier in Jackson County. The Deputy sought assistance from local Lansing Police officers, including Officer Robert Olson. LPD officers approached the vehicle and found Duling inside. Duling drove his vehicle into Officer Olson while attempting to flee, hitting him and pushing him into another parked vehicle before knocking him to the ground. During this incident, Officer Olson fired seven rounds at Duling as he accelerated toward him and stopped firing when he was thrown to the ground. One bullet struck Duling, who escaped but was apprehended the next day by the Michigan State Police fugitive apprehension team. Upon his arrest, Duling was treated at a local hospital for a single bullet-graze injury.

Attorneys at the Department of Attorney General reviewed various materials including vehicle and body camera footage from Officer Olson and three other on-scene law enforcement officers, written statements from all involved officers, police reports from Jackson County Sheriff’s Office, Lansing Police Department, and Michigan State Police, medical records for Officer Olson from January 10th night, recorded radio traffic from that night and scene photographs.

The review concluded that Officer Olson was justified in using potentially lethal force in self-defense. Law enforcement officers have the same privilege of self-defense as anyone else; they can act immediately if they have an honest and reasonable belief that they are in danger of being killed or seriously injured. Justification requires that (1) the person is not the aggressor; (2) they act under an honest and reasonable belief that they are in danger of death or great bodily harm; (3) they retreat if possible; and (4) deadly force is used only as a last resort.

Under these facts and circumstances presented during their investigation, the Department concluded that Officer Olson acted in self-defense against a charging vehicle driven by Duling and did not act in a manner warranting criminal charges.

The Department of Attorney General reiterated its availability to lead or support any investigation of officer-involved shootings upon request by any county prosecutor or law enforcement agency within Michigan.

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