Macomb County Sheriff: St. Clair Shores police officers' fatal shooting of man justified

ST. CLAIR SHORES, Mich. – The Macomb County Sheriff said police officers who shot and killed an armed man Nov. 4 outside the Lakeland Manor Banquet Hall on Harper Avenue in St. Clair Shores were justified in their actions. 

Sheriff Anthony Wickersham said Theoddeus Gray, 29, of Detroit, was armed with a FN Five-seven pistol that he fired at officers who were called to the hall about 6:30 p.m. on the report of a man with a gun.

St. Clair Shores police officers returned fire, striking Gray multiple times including one gunshot wound to his head. Officers fired more than 47 shots. Gray died after suffering multiple gunshot wounds. 

Lakeland Manor staff first called 911 to report a gunman outside who was trying to re-enter the building. They believed a shooting was about to take place.

K-9 officer fatally shot, but how remains unclear

A K-9 officer with the St. Clair Shores Police Department also was killed during the shooting. However, it remains unclear what bullet struck the dog. Wickersham said his department is waiting on the results of a ballistic report that will identify where the bullet came from. Gray's weapon jammed, the sheriff said, and he only got off one shot.

It remains unclear who shot the dog. The sheriff did not rule out friendly fire. 

"Whatever the results of the ballistic test are, it's not going to change our findings, at all," said Wickersham. 

The sheriff stressed officers were faced with a situation where an armed gunman had fired upon them and that they were justified in using deadly force.

"The officers didn't react because the dog was shot. The officers reacted because they were being fired upon," said the sheriff.

Waiting on ballistic report

It's not known when that ballistic report is expected to be back to the Sheriff's Office, and it is possible the report may not offer any clarity, according to the sheriff. 

"We have had reports come back where they weren't able to identify," said Wickersham. 

The sheriff spoke at a news conference Wednesday morning during which he showed video of Gray outside the hall right before the shooting. Gray was attending a baby shower for his own child. There were about 70 people attending the event. Gray is shown on the video armed with a gun and fleeing police officers who had their weapons drawn. The dog also is shown running in the opposite direction. 

Watch the video here: 

'There was going to be a shootout'

Wickersham said investigators are led to believe Gray was going to engage in a shooting with at least one other armed person. He said several other loaded weapons were at the event that evening and that a fully loaded AK-47 was found behind the business. 

"We don't know what was going on because nobody will talk to us, but we truly believe with the information we received there was going to be a shootout in St. Clair Shores that Sunday night, and this could have been worse than what it was," said the sheriff. 

The pistol Gray was armed with and the AK-47 were the only weapons recovered from the scene, the sheriff said, despite there being "a lot of guns" at the event. The FN Five-seven pistol was stolen from a man in Ohio, Wickersham said, but that man had not reported it stolen until he was approached about this shooting. Gray had no known ties with that man. 

Wickersham said his investigators still don't know why Gray was agitated outside the hall, why he had a weapon and why he ran from police officers. 

"We're closing this investigation," Wickersham said. 

Officers involved to return to duty

St. Clair Shores police Chief Todd Woodcox said the officers involved in the shooting are expected to return to duty soon. Five officers have been on leave since the shooting. 

"In the very near future they will be returning," he said. 

Woodcox said his department has received numerous threats since the shooting. He would not share any details on the threats or on the officers involved other than saying one of them is a 20-year veteran of the force and the others have been on the force for about 5 years. 

As for the K-9 officer, Woodcox said K-9 officers don't wear a vest all day and even if Axe were wearing a vest he does not believe it would have saved him from the force of such a powerful pistol. 

"K-9 officers don’t typically wear a vest for 8 hours a day. It’s quite cumbersome for the dogs. In this situation, there was not time. And even if Axe did have a vest, the bullet from his gun would have cut through it like butter," said Woodcox. 

The chief reiterated that they are awaiting ballistic reports to determine how Axe was shot. Woodcox believes the video makes it clear a bullet from Gray's weapon struck the dog. 

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Memorial service held for Gray

Family and friends of Gray gathered earlier this month for a candlelight vigil outside his home near the intersection of Longview and Dickerson streets in Detroit. His family has been looking for answers. 

"You cannot value a dog's life over a human's," said Oliver Gant, an activist speaking for the family. "And you put that out there for the world to see as though this young man had no worth or no value to his life. That's basically what the family is upset about."

Gant said the family is very hurt.

"If he shot the dog and evidence showed that he shot the dog, then that would be another thing," Gant said. "That's something they have to deal with if they can conclusively say 'This young man shot that dog.' But first they got to find a gun."

At the time, Gray's family said they didn't believe he had a weapon.