Berrien Prosecutor Rules in Police Pursuit Case Following Gun Shop Burglary

Berrien County Prosecutor Michael Sepic has cleared Berrien County Sheriff’s Deputies of any charges related to the April 15th pursuit and crash that killed three Benton Harbor area men and critically injured another back on April 15th following word of a burglary at the Black Arsenal Gun Shop in downtown Stevensville. He says no charges will be authorized against the deputies involved in that case.

The crash occurred around 5:30am on the morning of April 15th, just north of Rocky Weed Road in Royalton Township. The crash resulted in the death of 20 year old Hjamahri Fuller, and 17 year olds Allan Velox and David Patton, all of Benton Harbor. Critically injured in the crash and still hospitalized in intensive care in Grand Rapids is 17 year old Anton Morgan.

The episode began with a county dispatch to patrol officers of a break-in at the Black Arsenal Gun Shop on Kimmel Street in Stevensville shortly after 5am that morning in which it was believed that firearms had been stolen. A Berrien County Sheriff’s Deputy saw a vehicle matching the description of a 4-door tan SUV identified as a suspect vehicle in the case. He spotted the vehicle headed eastbound on I-94, and after confirming it had a locally registered owner, initiated a traffic stop. The suspect vehicle pulled over after the patrol car’s emergency lights were activated just prior to reaching the M-139 exit ramp at Exit 28.

Shortly after both vehicles stopped, the suspect vehicle fled and exited the highway at the M-139 exit, by-passed another Berrien County Sheriff’s deputy’s squad car at the base of the ramp and headed south on M-139. With the first squad car in the lead with lights and siren activated, speed escalated. The lead deputy slowed at the intersection with Miners Road as the traffic signal was red for southbound traffic. The four suspects rolled through the red light, and the deputy was able to catch up to them reaching speeds of 100 miles per hour.

The deputy in pursuit kept a distance to keep the vehicle visible, but did not take action in an attempt to physically stop the vehicle at that high speed. After passing a northbound semi-tractor trailer, the men running away swerved slightly, left the roadway and crashed into a tree. Pre-crash data of the fleeing vehicle recorded speeds seconds before impact to be as high as 106 miles per hour.

The two front seat occupants, driver Fuller and passenger Patton and one back seat passenger Velox were pronounced dead at the scene. The other back seat passenger, Anton Morgan was taken to the hospital for treatment.

Found at the scene of the crash were nine firearms reported to be missing from the Black Arsenal Gun Shop.

Prosecutor Sepic says, “The deputies’ efforts to maintain sight of the suspect vehicle, the occupants of which likely had stolen a number of firearms, was entirely appropriate.” He adds further, “There was no violation of a criminal law by the deputies who gave chase; therefore, no criminal charges will be authorized relating to the chase.”

He further reports that the investigation relating to stolen firearms by Anton Morgan is pending.

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