Yavapai County’s Chief Deputy Attorney Dennis McGrane notified the Coconino County Sheriff’s Office that Flagstaff Police officers’ actions that resulted in the death of Donald Myers on July 13, 2016 were justified. McGrane advised in a letter that Cpl. Michael Lavelle’s actions in discharging his firearm at Mr. Donald Myers was “was a justifiable response…to an ‘aggravated assault with a deadly weapon’ being committed by Mr. Myers.”
Mcrane’s letter further states “no evidence exists to indicate any wrongdoing on the part of any of the involved officers from the Flagstaff Police Department.” It also indicates that Cpl. Lavelle and Officer Melissa Seay “did everything they could possibly do during the incident to prevent the resulting outcome.”
Myers, 32 years of age, on July 13, at approximately 4:00 a.m., was killed near the intersection of N. Clear View Dr. and E. Circle View Dr. following an investigation into a 911 call.
Police reported that due to the graphic nature of a video of the shooting and the privacy rights of Myers and his family the complete video was not released. At the same time police claim that the officers involved were equipped with body cameras, but due to technical issues no footage was recorded of the initial contact at the car. Officer Zachary Syers’s camera malfunctioned due to a battery issue and Officers Melissa Seay’s connector cable became detached prior to the incident.
At the timee, police claimed that “due to the intensity of the moment,” Corporal Michael Lavelle did not activate his camera prior to the shooting. After he fired his weapon, he realized his camera was not operating and immediately activated the camera. The TASER Axon cameras utilized by the Flagstaff Police Department capture 30 seconds of video from the pre-event buffer when an officer activates the camera. This first thirty seconds is video only with no audio. As a result, the shooting was captured on video without the audio for the first 30 seconds.
The 911 call to the Flagstaff Police Departments Emergency Communications Center was from an open line which may have been dialed by accident. Officers of the Flagstaff Police Department routinely respond to 911 hang-up calls to ensure public safety.
Officer Seay arrived first and saw two females and one male inside a vehicle in the parking lot of the Relax Inn. An additional female was seen standing in the parking lot but near the vehicle.
According to police, unbeknownst to the officer the subjects had just conducted a drug transaction immediately prior to her arrival. Officer Seay contacted the individuals and obtained the identification information they provided and conducted a wants and warrants check on them. She verified that there was a warrant for arrest for Myers.
Officer Syers then arrived to assist and both officers asked Myers to step out of the vehicle. Myers then informed the officers he had lied to them and provided them false identification information. The officers attempted to place him in handcuffs but he resisted and reached for a firearm in a holster on his beltline. Both officers stepped back from the threat and drew their firearms. According to police, Myers used this opportunity to flee while drawing his weapon and running away with the weapon in his right hand. Officers could hear the clinking noise of metal on metal as Myers climbed over a fence and ran in a northerly direction. The officers lost sight of Myers for a short time after he scaled the fence.
Officers called for assistance and provided a description of Myers and the firearm as they pursued him. Corporal Michael Lavelle responded to help. He spotted Myers and began pursuing him into a dark residential area. Lavelle and Seay located Myers hiding behind a vehicle in a driveway on N. Clear View Dr.
Lavelle and Seay identified themselves as police officers and made multiple requests for Myers to step out from behind the vehicle with his hands up. Police claim Myers was non-compliant. Seay told Myers to show his hands or he could be shot. Myers replied, “Just f***ing do it. Just do it.” Myers then stepped out from behind the vehicle but refused to place his hands up as directed. He reached quickly toward his beltline where the officers had previously seen the firearm. Cpl. Lavelle, fearing for his own safety and the safety of other officer, fired his weapon five times. Myers was struck by three rounds and fell to the ground.
Lavelle and Seay called for emergency medical assistance. Additional officers and deputies arrived and Myers was placed in handcuffs. At this time officers claim that Myers was no longer armed but was still wearing the holster. Officers moved Myers to the street so emergency life-saving measures could be provided. Officers and deputies began providing emergency aid. Medical Personnel arrived on scene and took over care but were unable to revive the Myers. He was pronounced deceased on scene.
Myers had provided false information when speaking to Seay not realizing the person’s identification he used had a valid warrant for his arrest. It was discovered that Myers also had valid misdemeanor warrants for his arrest.
During the investigation of the scene one of the K-9’s located a Desert Eagle 44 Magnum semi-automatic handgun. This firearm matched the description of the gun seen by officers and was within the path the suspect travelled when he fled from police.
The investigation also revealed the Myers regularly carried this firearm on his person.