No Criminal Charges in Brett Elder Death

Bay County Prosecutor Kurt C. Asbury declined to charge any of the three police officers involved in the TASER-related death of 15-year-old Brett Elder on March 22, 2009.

It was Cpl. James Lyman who fired the Taser that struck Brett Elder, contributing to what the Oakland County Assistant Medical Examiner, Kanu Virani, called the accidental death of the teenager. The other contributing factor was alcohol-induced excited delirium syndrome. The teen had a blood alcohol level of .17.

Asbury, in a written statement said he won't file criminal charges against any officers "as the evidence does not prove that the officers committed any criminal act that caused or contributed to the death of Brett Elder."

Prosecutor Asbury said, "The unfortunate reality of the situation was that the underaged Brett Elder was very intoxicated drinkng the early morning hours of March 22, 2009, and wihtout any meaningful adult supervision or guidance, placed himself in a situation which resulted in his death.

He was highly agitated and combative, tried to start fights with numerous people, as well as the police officers called to the resience to deal with his 'uncontrollable behavior,' all which contributed to his untimely death."

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Several witnesses from inside the apartment said a police officer used a Taser on Brett Elder after police handcuffed him. Police deny that and Asbury's summary indicates that wasn't the case.

Asbury says police followed proper procedures and were justified in the Taser shooting of Elder.

A female had been attacked. "She reported that Mr. Elder put her in a head lock and started punching her in the face," Asbury said.

There were eight people in the home, and others tried to subdue Elder. "So there were multiple altercations with this young man inside the house," Asbury said. The three police officers arrived at the home about 3:45 am and for eight minutes they also tried to subdue Elder.

"They decided they needed to take him into custody," Asbury said. "He broke away from the officer's grasp and that's when he put up his fists and put up a fighting stance."

Brandon LaBerge, a friend of Elder's says he was "pretty angry" about the fact that no criminal charges would be filed. He says he was like a brother to Elder in what he calls a makeshift family of friends and relatives who are still demanding justice.

"Someone needs to pay for it," he said. "Our family is still sitting here scratching our heads, saying, 'What's going on?'"

In fact the Elder family had already hired a law firm which is expected to file a civil lawsuit in this case, now that the criminal aspect of the investigation is over. The team of attorneys - including Southfield lawyer Geoffrey Fieger and Flint attorney David Nickola - will be representing the estate of Brett Elder.

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Brett Elder's Death Ruled Accidental

Brett Elder was a 15-year-old boy who was tasered by the Bay City police and died. The  unarmed 5'6", 140 lb teen died 3/22/09 - two days before his 16th birthday. His "death by taser" was widely criticized as unnecessary police action. His family has hired an attorney and plan to sue the police department. See more details here and here.

The autopsy was performed by the Oakland County Assistant Medical Examiner Dr. Kanu Virani. The results of the autopsy have finally been released. The report indicated that the cause of Brett Elder's death was two-fold:

1. The first part is identified as Alcohol-induced Excited Delirium Syndrome


2. The second part states The application of an electromuscular disruptive device was a contributory factor.

Alcohol-induced Excited Delirium Syndrome has been ruled the cause of death in other cases involving a Taser. The "electromuscular disruptive device" is of course the Taser. Dr. Kanu Virani's report concludes that the death of Brett Elder was accidental.

The Bay County Prosecutor's office has not yet decided if criminal charges will be brought against any of the three police officers involved in the incident.

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Brett Elder - Funeral and Controversy

Brett "Dewey" Elder (born 3/24/93) died two days before his 16th birthday (3/22/09). The unarmed (5'6", 140 lb) teen died after being Tasered by one of three officers of the Bay City police department. He was buried Thursday 3/26/09. His family has hired a lawyer, Flint attorney David Nickola, with the intention of suing the police department. Michigan State police have opened their own investigation into this case. Read more about this case here: 15-Year-Old Brett Elder Tasered to Death

This is one of those times where it is difficult not to form an opinion before all the facts are presented and although I will continue to report on all sides of this story, I would like to make the following statement:

I have read a number of reports regarding this young man's death and, in all honesty, the only conclusion I can come to, is that unnecessary force was used by the police against Brett Elder, resulting in his death.

The best scenario I can come up with; is that three adult police officers felt so threatened by this 15-year-old, drunk kid that they had no other option but to use extreme measures to subdue him. I do not believe this.

Any other scenario leads to the conclusion that this was a case of police brutality and possible criminal behavior. I hope justice is served!! Brett Elder did not deserve this.

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The Funeral service for Brett Elder was held at 4 p.m. at Ambrose Funeral Home, 1200 Garfield Ave. but before the service was conducted a second autopsy was perform on the teen's body by forensic pathologist Werner Spitz at the request of the law firm representing the Elder family. The law firm claims that the autopsy results "are expected to show (Brett Elder) died from being electrocuted by Taser causing his heart to defibrillate."

The first autopsy was done by Dr. Kanu Virani but he declined to offer an opinion on the cause of death until he learns results of toxicology tests checking levels of alcohol and other drugs in the boy's body. Virani said he also will await results of a microscopic examination of the boy's tissues before determining a cause of death. That could take a few weeks.

Police in Bay City held a four-minute news conference to address the death of 15-year-old Brett Elder. During the conference, Bay City Police Chief Michael J. Cecchini addressed the media by reading a prepared written statement. Cecchini said officers acted properly and denied an allegation that officers used the Taser gun after the teen was in handcuffs.

"A Taser electronic control device was deployed for one five-second cycle to subdue Brett,” Cecchini said.“He was subsequently handcuffed without incident. Upon taking Brett into custody, officers recognized signs of a possible medical problem and immediately rendered aid and summoned medical personal to the scene.”

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One of Brett Elder's friends, 23-year-old Bethany Schuster of Flint, joined with several others to paint "The Rock" on 12th Street and Hammerberg Road in Flint this week to protest Brett's death. She had planned to celebrate her 24th birthday this weekend with her friend Brett. Instead, the Flint woman will spend it mourning his death.

Bethany Schuster and her boyfriend, Brandon Look, are still coming to grips with the boy's death. Schuster said she met Brett in Bay City about five years ago, and it had become a tradition to celebrate their birthdays together. "It's unbelievable," she said, adding that he was a good kid who was easygoing and lovable. "He was not a kid without ambition," said Look, adding that Brett had a hard life growing up. "Now he's robbed of being an adult." They painted The Rock on Tuesday with birthday wishes but also had a sharp message for the police. "Tasered to death by Bay City PD," The Rock read.

For photos of the funeral and The Rock dedicated to Brett Elder click here: Tribute to Brett "Dewey" Elder