Quite often, our first introduction to a story of an unjust police use of force that leads to a fatality is by a news agency reiterating the surviving police officer's report of what happened later that day.  All too often, when that initial story comes under question due to irregularities, footage, or surprise witnesses coming forward with contradictory data, the media and the local authorities try their best to ignore the same.  

This incident which takes place in Eaton County, roughly 150 miles away is one of those stories.  Early reports of the story indicate a struggle occurred, doesn't indicate what was involved and has the state police offering their version before their investigation.  Since then video from the officer's body cam has surfaced, yet the video from his vehicle was not available and would have settled quite a bit.  The officer's account of the events has been called into question. 

But even with some damning evidence to the contrary, the prosecutor's opinion on why he wouldn't be seeking any charges is a surreal read, even more so than our own prosecutor's opinion about why a state trooper was justified for shooting Bill Marble in his home one year before this teen's death. 

So instead of subscribing to the exposed fiction of the police report, instead of accepting that report as gospel as the mainstream news did, or trying to piece together a mythology of apologism as created by the Eaton County Prosecutor, I present the family's statement they made after the prosecutor chose unaccountability back in June, followed by the raw video of the event which they had access to.

“Around 8:00pm on February 28, 2015, our 17 year old son and brother, Deven Guilford, was killed as a result of being shot seven times by Eaton County Deputy Sheriff Sgt. Jonathan Frost. At the time, Deven was merely traveling to his girlfriend’s house after playing basketball at his church. Deven was stopped by the officer because Deven flashed his bright lights to alert the oncoming officer that his brights appeared to be on. Notably, Deven was the third person that the officer had pulled over that night for flashing brights at the officer, who was driving a brand new police vehicle with high-intensity head-lights. During this traffic stop, it appears that Deven was puzzled and confused about why he was pulled over and why he was being confronted by the officer. It appears that the officer did not make any reasonable inquiry of Deven that could have helped ease the tensions of the situation.

The Eaton County Prosecutor, after reviewing the investigation by the Michigan State Police has determined to not bring any criminal charges against Sgt. Frost. Based on what we know at this time, our family believes that our son should not have been killed on the night in question.

There was no reason or necessity for the officer to physically remove our son from the car without considering other options to avoid an unnecessary violent escalation. These options could have included, keeping Deven in the car to allow more time for the incident to cool down and/or wait for other officers to arrive. It must be also noted that Deven was not in possession or any weapon and emphatically told the officer that he was not armed. We also have serious concerns about whether the officer used unreasonable force against Deven under the circumstances. In this regard, there are questions about whether Deven should have been tased on the side of the roadway and whether the officer had the right to shoot and kill Deven in these circumstances. Ultimately, we encourage those want more information about the encounter to view the full video of the traffic stop leading up to the physical altercation between Deven and the officer. This video is available through the Michigan State Police Department and the Eaton County Prosecutor’s office. We believe this video raises more questions than answers regarding whether Deven should be alive today.

We respect the thoroughness of the investigation and the Prosecutor’s decision. However, we intend to pursue other remedies to vindicate Deven’s civil rights.”

http://wlns.com/2015/06/16/deven-guilfords-family-responds-to-prose...

The case seemed very egregious to Oscar nominated documentary film producer/editor Matthew Cooke who looked into the case and created a video that summarized the basic issues behind the traffic stop, and whether the parties acted appropriately.  He reviews the relevant parts of the video, the background of both, and several inconsistencies.

The terrible thing that such an event shows is that an officer who violates his own training, protocols and the law in becoming what Matthew Cooke appropriately calls a 'bully' killed a young man for trying to let the officer know his beams were blinding other drivers.  The officer who chose to escalate the situation against an unarmed, peaceful, law-abiding, and courteous boy before shooting him seven times, still patrols his beat, while Guilford's heart will never beat again. 

The 'news' of this story is that the family has filed a lawsuit seeking redress.  Unfortunately, even if the survivors get a fair settlement from the pockets of the taxpayers who allow such poorly acting officers to exist, it can't bring their son and brother back.

Deven Guilford Lawsuit. pdf

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Just don't forget the words of Mark Twain also echoed by George Carlin my fellow Torchers. 

Attachments:

It's been a year since the shooting of this young man by an Eaton County deputy, without a lot happening.  The prosecutor has declined to press charges against the shooter, the parents have launched a lawsuit, and the county's citizens have to deal with what to make of it. 

Guilford's father still attends and speaks at county meetings looking for answers and justice that he will never receive, other fathers have to explain to their good sons and daughters how the sheriff department got so out of control that they either need to obey their implicit and unreasonable demands or die like Deven.  The Lansing State Journal had a commemorative article this weekend:

http://www.lansingstatejournal.com/story/news/local/2016/02/27/one-...

I still don't understand how anyone who has watched that video and understands why the boy was pulled over cannot come to the conclusion that this incident was instigated by and inflamed by the officer. The officer did so many wrong and defiant actions that, in my opinion, this can be considered an intentional homicide. One other glaring thing that I take away from this is the fact that many people think the boy had no right to question and confront the officer about why he was stopped. That he should keep his mouth shut and just go along with the cops shi_y attitude.  We do not or should not relinquish our Constitutional rights just because a cop thinks we should. It's just plain B.S. to require people to be meek and mild especially if unjustly detained. I'm not talking about being violent, just insistent about being falsely detained. That cop should have been charged with murder if only to expose exactly what happened and until that occurs Eaton County will never come together regarding this issue. If the court finds the cop innocent then so be it but this should not be buried and allowed it to fester and create a bigger rift in the community.

in the Lansing State Journal, they report of a settlement being reached in a federal lawsuit for $2.4 million to the parents of Deven Guilford.  It came two months after a judge ruled the case would not be dismissed, and offered that the Eaton County Sheriff's Office Sergeant Jonathan Frost's story did not seem consistent with the facts.  Sadly, $2.4 million won't bring him back, nor will it change the prosecutor's decision not to criminally charge Sergeant Frost, whose escalation of the scene caught on camera was unforgivable:

The settlement was reached just a day after this other unbelievable use of force by Eaton County Sheriff's Office deputies lying in their police report and resulting in another unnecessary death hit the news feeds.  I'll betcha that either the dash cam tells a different story than what these lawless officers wrote, or that their dash cams mysteriously malfunctioned this day.  I think the county's decision to settle with the Guilfords was tipped by this future federal lawsuit.

EATON CO., Mich. (WILX) -- Michigan State Police are investigating the death of an Eaton Rapids man who was killed by an Eaton County Sheriff's Deputy.  

In the initial report investigators said there was an exchange of gunfire. Now Michigan State Police are reporting that the man who was killed did not open fire.

The man killed has been identified as Robert Claude Smith, 64, of Eaton Rapids.

Police say Smith was recently arrested by a DNR Officer for allegedly driving drunk. He was released, pending further investigation into a potential felony gun charge.

Two Eaton County Sheriff's Deputies went to execute a search warrant at Smith's home on Spicerville Highway Tuesday to recover firearms. However, Smith left before they could search the house. Police say Smith drove East On Spicerville, then turned south onto Wilcox Road, with deputies attempting to stop him. Smith then turned around on Boody and rammed the Deputies' vehicles. One deputy, who was standing outside the vehicle, was hit by his own car and suffered minor injuries.

Multiple shots were fired by both deputies, and Smith was killed. The Michigan State Police Department is continuing it's investigation, and will turn it over to the prosecutor's office for review when finished.

Police are not saying whether or not Smith had a gun on him during the incident.

Eaton Co. Sheriff Tom Reich released the following statement: "From preliminary information, there was a clear threat to the lives of my Deputies while they were attempting to arrest a felony suspect, and they responded to stop that threat. I support my Deputies and their response in protection of their lives. The Michigan State Police are conducting a thorough investigation of this incident and will present the results to the Prosecutor's Office for review."

They served a search warrant, not an arrest warrant, why did they feel the need to pursue and use deadly force to chase Smith when he left, without any evidence of any crime being committed?  

Wonder if Eaton County Deputy Sheriff Sgt. Jonathan "Quick Draw" Frost who killed Deven Guilford in the above story was also involved in serving this warrant.

Explain how you are pursuing a suspect in your patrol car and then you are standing outside of your vehicle where the suspect rams your vehicle.

And then lie about the suspect being armed.

I heard 15 shots were fired.

The suspect  Robert Claude Smith was killed with a shot to the head.

Could it be that the Deputies were in pursuit, tried to pit the vehicle, as often happens the suspects vehicle spun around and struck the patrol car?

Strange coincidence that before nightfall after this happened the County was said to have graded the road destroying any tire tracks evidence.

So stay good if you have business in Eaton County, don't flash those high beams, don't get stuck in the snow, don't shoot while you are unarmed...

https://www.youtube.com/watch?v=UzQzWrxxLjc

Flash your lights in some cities and you may get killed by area gang members'  Law Enforcement is no different in that they are also a GANG. Flash your lights at a cop using "entrapment" tactics, you will also die. How any cop sits idly by and watches bad cops like this one, every day, doing these same horrendous acts of injustice that kill people and ruin lives forever without stepping up, is beyond me. We have a CHIEF who prays for himself and watches crimes in front of him and does nothing. What does that say about Cops?  ALL Cops need to be drug tested daily. Swab them!   And, psych evaluations should be administered continuously. They should all be hooked up to lie detectors. At the end of the day before any paperwork is submitted they would have to pass the lie detector for all paperwork and evidence turned in or, all evidence would be considered "VOID" . We investigated our headlights and found no wrong-doings....

Well, quite a bit of time has passed since this tragedy. At least now the Guilford's family has some financial justice, thanks to a good objective judge. However, I still feel sorry for them, their son will not be coming back. And I just wonder, if any LE vehicles have adjusted their headlights today so this type of incident never repeats itself. RIP Devin.

I like your suggestions John, especially having officers being evaluated as to their mental state and that all evidence and paperwork must be cleared thru a lie detector.

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