DETROIT – The case of a former Detroit officer who was accused of shooting journalists with rubber bullets after a protest in May of 2020 has been reopened.
Arguments were heard in the 36th District Court on Tuesday (Nov. 14), and the case was bound over for trial.
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The incident occurred at 10 p.m. on May 30, 2020, when three journalists were on foot covering a protest in downtown Detroit. Officials say the Detroit Police Department declared the protest an unlawful assembly, and the police were ordered to disperse the protesters.
Officials say the journalists had credentials, identified themselves as members of the press, and raised their hands when confronted by Cpl. Daniel DeBono.
Allegedly, within seconds, DeBono fired rubber bullets at the journalists, leading to him being charged with three counts of felonious assault.
Read: DPD investigating misconduct complaints after journalists report being shot with rubber bullets
A judge later dismissed the felony charges, citing a statute that grants officers immunity where an unlawful assembly is declared.
At the preliminary examination, the 36th District Court judge, who held a Master of Civil Law 750.527 (MCL), provided DeBono immunity from prosecution and dismissed the case.
The Wayne County Prosecutor’s Office appealed the ruling to the Wayne County Third Circuit Court, and the lower court’s decision was reversed.
The court said that the statute provided an affirmative defense at trial, not at the preliminary examination.
The defense appealed the ruling on March 16, 2023. Michigan Court of Appeals, in a published opinion, affirmed the Third Circuit Court ruling and reopened the case back to the district court. The appellate court found that the statute provides a legal defense at trial instead of immunity.
The arraignment on the information is on Nov. 28 in Wayne County Third Circuit Court.
Read: More local news coverage
