Officer won’t face charges in shooting

RICHMOND, Va.—A Richmond police officer who fatally shot a naked, unarmed man on an interstate highway will not face criminal charges because the shooting was “an act of justifiable homicide,” a prosecutor said Friday.

In a report released Friday, Commonwealth’s Attorney Michael Herring said the officer’s use of deadly force in the death of Marcus-David Peters was “reasonable and necessary” given the unusual circumstances of his encounter with police on May 14.

Peters, 24, a high school biology teacher, was shot and killed after he struck several cars with his vehicle, then emerged from his car naked and ran onto Interstate 95 during heavy rush-hour traffic.

Peters was struck by a car, but got up immediately, then laid back down on the road, rolled over in a tumbling motion and moved his arms and legs “as if making snow angels,” the report said.

Peters was unarmed, but charged at the officer, who first fired a stun gun and then his service weapon.

Peters’ family has said he was clearly having a mental health crisis and police should have handled the encounter without lethal force.

In the report, Herring said Peters’ death was tragic, but said his “erratic” and “aggressive” behavior was seen by officer Michael Nyantakyi “as a direct threat to his life and to the safety of those around him.”

“A reasonable officer in this scenario would have believed that Peters was capable of overcoming the officer, taking control of the firearm and using it to harm the officer and others. Thus, the totality of the circumstances tragically warranted the use of lethal force,” Herring wrote.

Herring said Nyantakyi called for backup and attempted to de-escalate the situation, but Peters became aggressive. Footage from the officer’s body-worn camera shows Peters charging at the officer and threatening to kill him.

Herring noted that Peters’ behavior was out of character for him. He was a highly regarded teacher and was working with his school on plans to develop a program for him to mentor at-risk teens.

Interviews with family members, friends and co-workers indicated that Peters began to behave erratically about a week or two before he was killed, Herring’s report said.

A toxicology report showed the presence of Tetrahydrocannabinol, known as THC, the main psychoactive ingredient in marijuana; and Ritalin, a stimulant used to treat attention deficit hyperactivity disorder and narcolepsy. The report said Peters did not have a prescription for Ritalin and that a witness admitted she gave him a bottle of generic Ritalin in the weeks before his death.