JACKSON COUNTY, MI -- Jackson County Prosecuting Attorney Jerry Jarzynka has found that a police officer acted in self-defense when he fatally shot a man in March.
Erik Poul Moller Nielsen, 36, was shot and killed by a Columbia Township Police Department officer on the morning of March 31.
Details outlined in an investigative report from Michigan State Police indicate Nielsen had been under the influence of drugs and attacked the responding officer with an axe before being shot.
In a letter released Friday, July 1, Jarzynka said he believes the officer, identified as Ben Hovarter, was justified in the shooting, as evidence gathered during the MSP investigation indicates Nielsen presented an immediate danger to Hovarter.
“Based upon a review of the facts and the law, it is clear the Erik Nielsen presented an immediate danger of death or great bodily harm to (Hovarter) when he came at him with an axe,” Jarzynka said. “It is important to note that this part of the incident happened very quickly and happened in just a matter of seconds.”
At about 2:09 a.m. March 31, Hovarter was dispatched to the 100 block of Hawthorne Drive in Columbia Township, southeast of Jackson, for a subject having a seizure, according to the investigation report cited in Jarzynka’s letter.
Nielsen’s wife had called 911 for help because Nielsen was having a seizure and did not know what was going on, officials said.
Upon arrival, Hovarter went upstairs to meet the couple. Nielsen was nude at this time, officials said, and pushed Hovarter before becoming combative and trying to leave the bedroom.
Hovarter deployed his Taser at least two times on Nielsen to no effect, officials said.
Nielsen then went downstairs and into the residence’s backyard, with Hovarter following. Nielsen then sat down on the back patio, momentarily stalling the altercation, officials said.
Hovarter was not equipped with a body-worn camera, but he did have a microphone recording audio connected to his patrol car, officials said.
While Nielsen was seated, Hovarter attempted to calm him down, officials said. Hovarter and Nielsen spoke for about five minutes before Nielsen became aggressive again, trying to hit the officer with a gas can, officials said.
Nielsen’s wife also claimed to see her husband throw a gas can at the officer, though she did not continue to watch, instead heading back upstairs to check on their children, according to the report.
Less than a minute later, Hovarter reported that Nielsen was trying to hit him with a stick. Less than a minute after that, Hovarter reported shots fired, and that Nielsen had come at him with an axe.
Deputies from the Jackson County Sheriff’s Office arrived shortly afterward, officials said. A deputy handcuffed Nielsen, and Hovarter pointed out the axe on the ground near the suspect, claiming that he had moved it away from Nielsen after the shooting.
Police also found three shell casings near where Nielsen laid on the ground, as well as a gas can, a baton and a piece of lumber, officials said.
Emergency medical crews arrived and began treating Nielsen. He was pronounced dead at 3:07 a.m., officials said.
After an autopsy the same day, forensic examiner Dr. Patrick Cho determined Nielsen died from multiple gunshot wounds, officials said. Wounds were found on his right chest area, his left back and his back left shoulder.
Cho also determined Nielsen was under the influence of amphetamine and marijuana at the time, officials said. A toxicology report later indicated Nielsen had 130 nanograms of amphetamine and 34 ng of marijuana in his system. These were attributed to a prescription drug and a marijuana edible Nielsen had consumed earlier that night, officials said.
Jarzynka said the two gunshots to Nielsen’s back could still indicate self-defense on Hovarter’s part when taken in the context of other evidence at the scene.
“Firing three rounds in two seconds or less is consistent with the evidence at the scene and human reaction time to a sudden event,” Jarzynka said. “Given all the corroborating evidence found and revealed in this investigation, it is my opinion that Officer Hovarter was justified in discharging his service weapon to protect his own life that night.”
Jarzynka said the use of deadly force does not rise to the level needed to render criminal charges against Hovarter.
Columbia Township does not equip its officers with body cameras, the MSP report states. Through a search warrant, police obtained video surveillance cameras from Nielsen’s residence.
The shooting happened in the dark in an area of the yard not captured by the cameras, officials said, though the recordings did show Nielsen running toward the back of the house, and later advancing toward Hovarter.
Hovarter was placed on administrative leave per department policy after the shooting. The Columbia Township Police Department could not be immediately reached for comment Friday.
A Freedom of Information Act request for MSP police reports in relation to this incident was submitted by MLive/Jackson Citizen Patriot in April. In response, MSP released a redacted incident report, though a request for the full investigative report was denied, as the report was not complete at the time of the request, police officials said.
A request for the investigative report was submitted on May 27, and is still pending.
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