No charges to be filed in deadly officer-involved shooting in Benton Harbor

Darius Wimberly, identified by family as the man shot, killed by officers after opening fire on them.

Darius Wimberly, identified by family as the man shot, killed by officers after opening fire on them.

BERRIEN COUNTY, Mich. — The Berrien County Prosecutor’s Office says that the officers involved in the deadly shooting of Darius Wimberly were justified in their actions.

No charges will be filed in connection to the death of the 28-year-old man. Berrien County Prosecutor Michael Sepic said in a release that the officers involved acted in self-defense and the defense of others.

On Oct. 18, officers were called to the 900 block of Pavone Street in Benton Harbor on a report of someone being held at gunpoint. They started talking to someone at a home in reference to the incident when they said they heard shots being fired in their direction from the south.

An officer armed with a semiautomatic rifle was providing cover for the officers speaking with the resident. He returned fire as they sought cover. Wimberly was killed in the exchange; the coroner ruled he died from gunshot injuries to the legs and torso.

The prosecutor released a body camera photo showing Wimberly holding a .40 caliber semi-automatic pistol in his hand. Another handgun was also found in his pocket.

Body camera photo showing Darius Wimberly holding a handgun after the shooting. Courtesy Berrien County Prosecutor's Office.

Body camera photo showing Darius Wimberly holding a handgun after the shooting. Courtesy Berrien County Prosecutor’s Office.

An investigation into the shooting showed that Wimberly had an issue with someone at the home on Pavone from the previous night.

That person wasn’t home at the time of the shooting. When police were there, they did not have their emergency lights on, and the area was described as being extremely dark. ┬áInvestigators are unsure if Wimberly knew he was firing at police officers.

A day after the shooting, partial body camera footage was released showing the seconds leading up to the first shots being fired.

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