Calhoun County prosecutor talks self-defense law after deadly bar shooting - WWMT-TV

MARSHALL, Mich. — Calhoun County Prosecuting Attorney David Gilbert met with the community Wednesday to answer questions about the law as it pertains to self-defense.

He would not comment specifically about the deadly shooting at a Battle Creek bar because it's an active investigation.

Hundreds of people were inside Cricket Club when the brawl began on the second floor at about midnight on Thanksgiving morning, said Police Chief Jim Blocker.

Security staff intervened, and as they were escorting the group to the base of the stairs, another fight erupted between customers and security.

At that time, bar employee Adam Yancer was among the people working security.

A cell phone video shows several men appearing to hit Yancer while he was on the ground. Police said Yancer then fired two gunshots, hitting 29-year-old Xavier West, who later died at a hospital. West was unarmed.

Police announced on Friday that they submitted a case to Gilbert, believing there is enough evidence to recommend charges against Yancer.

Gilbert said he sent the case back, however, so it can be investigated further.

During Wednesday's community meeting at Kingdom Builders Worldwide in Battle Creek, Gilbert was critical of the police department's decision to make a recommendation rather than an arrest.

"Why would they make a recommendation? Why don't they just go out and arrest him? If they believe that the crime has been committed, someone's committed, they have the right to make an arrest," said Gilbert, "So I think the wording of that was poor. It should not have worded that they're making a recommendation. Because to me, if they're making a recommendation, it's kind of like, well, if you think a crime has been committed, you got probable cause, you can make an arrest. Why aren't you doing that?"

Gilbert told the audience at the community meeting that he could not answer questions specifically about the Cricket Club shooting because it's an ongoing investigation.

Instead, he was there to explain how the law defines self defense because of ongoing discussions about it. Yancer's attorney is arguing that Yancer was acting in self defense.

Gilbert said reasonable fear for one's life or reasonable fear of serious bodily injury gives a person the right to use deadly force. He was talking generally, not specifically about the Cricket Club shooting.

"But I keep hearing is the argument that, ‘Well, you can’t shoot people, you can’t stab people, you can’t hit people under any circumstances. You can. But you have to be under reasonable fear," said Gilbert. "And some people forget, that reasonable fear isn’t coming from the person that’s attacking you. The reasonable fear is in your own heart."

While Yancer has not been charged in the Cricket Club shooting, Gilbert said the investigation is ongoing and urged witnesses to come forward.

"When we're looking at cases such as the Cricket Club or any other case for that matter, we are looking at what's going on in somebody's mind. That's why we need information from other people. And that's one thing we're not getting in this case," said Gilbert.

During Wednesday's community meeting, one attendee said that Yancer could've fired a warning shot into the air instead of fatally shooting West. But Gilbert said a warning shot would not have been legal.

“You have a right to use a firearm in self defense. You do not have a right to fire in the air, particularly not in a bar, because there’s an upstairs to that bar," Gilbert said.

Some of West's loved ones were also in attendance. They were calling for Yancer to be held accountable.

“[Yancer] shot him! And he was unarmed," one woman said.

While some attendees said the community meeting was somewhat helpful, many had thought they would get the opportunity to ask specific questions about the case. They said they were disappointed that they could not do that.

"I feel like a lot of people are going to go home tonight and still feel just as uncertain, if not more incited because a lot of the questions were deflected tonight," said attendee Khyrinn Herring.

Another attendee of the community meeting, Monique Ferench, said she's concerned that racial bias could play a role in the outcome of the case.

"I understand the information that was provided, they're saying it's pertaining to the law. But when we look at the law, it seems like the law is always different for people of color," Ferench said.

La'Ron Marshall, who is close to the West family, said he's also concerned about possible racial bias.

"As a community, we need to keep coming together, as a collective, so we can help each other. And communication is the number one key, Marshall said.

Herring hoped those concerns do not get swept under the rug when looking at this case,

"I know everybody gets uncomfortable about the conversation of race, right? They don't want to see it as Black and white because there is a lot of gray area," Herring said. "But you can't ignore the racial tensions that's been in this country and in this city for a very long time. To ignore it would be an injustice itself. So I feel like I really hope that they take in consideration the racial bias and just the prejudice that lies within all of us when it comes with dealing with those that's outside of our racial group."

Gilbert reassured the audience that everyone will be treated fairly in the investigation.

West was a father to an 8-year-old girl. His celebration of life services took place Wednesday morning at Kingdom Builders Worldwide.

Gilbert met with West's family Wednesday prior to the community meeting.

source: https://wwmt.com/news/local/calhoun-county-prosecutor-talks-self-defense-law-after-deadly-bar-shooting

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