DETROIT – The bailiff who fatally shot a man during an eviction will not be charged, the Wayne County Prosecutor’s Office announced.

After reviewing the case, Wayne County Prosecutor Kym Worthy determined that the bailiff acted in “lawful self-defense“ and the ”shooting was justified.”

“The alleged facts in this case are far too common and evinces a continued need for mental health crisis intervention teams,” said Worthy in a release. “The body worn camera footage shows the 36 District Court bailiff did try to deescalate the actions of Mr. Butler, and the police did call a crisis intervention team. However, prior to their arrival, the bailiff had to act in self-defense and defense of others, and as a result Mr. Butler is now deceased. The actions of the bailiff were not criminal given these circumstances.”

Case Background

At 10:53 a.m. on July 12, two officers responded to an apartment building in the 17650 block of Manderson to assist a 36th District Court bailiff who was trying to evict a resident.

The bailiff told officers that the tenant was being aggressive.

The officers and the bailiff breached the door and went into the apartment, and one of the officers explained to Sherman Butler, 44, that he was being evicted.

When that officer was given the order of eviction to read to Butler, he was sitting on the bed holding a box cutter to his neck.

“Mr. Butler was sitting on a bed in the bedroom with a box cutter in his right hand placed next to his neck,” according to the prosecutor’s office. He was highly agitated and refused to leave the apartment. He made multiple statements that the only way he was leaving was if the Officers used weapons and killed him. Mr. Butler was instructed numerous times to drop the box cutter. He was volatile and consistently refused to drop it.”

That officer and the bailiff decided it was necessary to tase Butler to try and get him to drop the box cutter. While this was happening, other Detroit officers arrived and called the Crisis Intervention Team to assist.

Both of the responding officers deployed their tasers, but they didn’t work.

When this happened, Butler allegedly got up off the bed and waved the box cutter toward the bailiff, which prompted the bailiff to fire shots at him.

Then, when Butler started moving toward one of the officers, the bailiff fired more shots.

Butler was struck multiple times and fell to the ground.

The officers rendered aid and called EMS before Butler was taken to a hospital where he was pronounced dead.

After reviewing the case the prosecutor said that Butler “quickly rose from the bed” moving toward the officer and the bailiff “with an outstretched arm” holding the box cutter, which at that point, could be considered a deadly weapon.

“Under Michigan law, an individual is allowed to use force, including deadly force, when necessary to protect themselves and in defense of others,” according to the release. “The person must honestly and reasonably believe that the use of deadly force was necessary to prevent imminent death or imminent great bodily harm to themselves or others.”