RICHMOND, Va. — Virginia prosecutors will not seek criminal charges against a Richmond police officer who fatally shot a naked, unarmed man on an interstate highway.
In a report released Friday, Commonwealth’s Attorney Michael Herring called the death of Marcus-David Peters “an act of justifiable homicide” and said the use of deadly force was “reasonable and necessary” given the unusual circumstances of his encounter with police May 14.
Peters, 24, a high school biology teacher, was shot and killed after he struck several parked cars with his vehicle, then emerged from his car naked and ran onto Interstate 95. Peters was unarmed, but charged at the officer, who first fired a stun gun and then his service weapon.
Peters’ family has said he was clearly having a mental health crisis and police should have handled the encounter without lethal force.
In the report, Herring said Peters’ death was tragic, but said his “erratic” and “aggressive” behavior was seen by the officer “as a direct threat to his life and to the safety of those around him.”
“A reasonable officer in this scenario would have believed that Peters was capable of overcoming the officer, taking control of the firearm and using it to harm the officer and others. Thus, the totality of the circumstances tragically warranted the use of lethal force,” Herring wrote.
Herring said the officer called for backup and attempted to de-escalate the situation, but Peters became aggressive. Footage from the officer’s body-worn camera shows Peters charging at the officer and threatening to kill him.
Herring noted that Peters’ behavior was out of character for him. He was a highly regarded teacher and was working with his school on plans to develop a program for him to mentor at-risk teens.
Interviews with family members, friends and co-workers indicated that Peters began to behave erratically about a week or two before he was killed, Herring’s report said.
A toxicology report showed the presence of Ritalin, a stimulant used to treat attention deficit hyperactivity disorder and narcolepsy. The report said Peters did not have a prescription for Ritalin and that a witness admitted she gave him a bottle of generic Ritalin in the weeks before his death.
