The Detroit Police Department says it will not release video of a court bailiff’s July 12 fatal shooting of a man who was being evicted with police backup, despite continued calls for transparency from activists and the department’s oversight board.
Sherman Lee Butler was shot and killed at his Palmer Park apartment by a 36th District Court bailiff after police say Butler, armed with a box cutter knife, “attacked” the bailiff and lunged toward an officer called to the scene. The officer had first attempted to subdue Butler with a Taser, but was unsuccessful, police said.
The shooting has drawn speculation and demands for the public release of footage from the officer’s body-worn camera from a coalition of activist groups and members of the Detroit Board of Police Commissioners.
The department did not issue a media release with key case details until Aug. 19 — five weeks after Butler’s killing. That same day, board chair Daryll Woods sent a letter to Detroit Police Chief James White urging the release of footage “for the purposes of clarity” in a shooting that has been a “topic of conversation for the last month.”
A statement issued last week by The Justice Coalition for Sherman Lee Butler calls the evolving police narrative “suspicious at best,” adding “We need to see the footage!” The group of anti-eviction and police brutality groups plan to bring that call directly to the courthouse and Detroit Public Safety Headquarters during a Wednesday protest.
White has rejected requests for footage, saying the bailiff is not a Detroit police officer.
“I do not want to compromise the investigation nor the deliberation of the prosecutor's office by releasing evidence at this time,” White said in an Aug. 22 response to Woods.
In a statement to the Free Press, the department added that keeping the evidence confidential is “in accordance with DPD procedures.”
A department policy implemented last year requiring police-involved shooting video to be released within 45 days applies only to cases in which officers caused the death or injury.
The department submitted the results of its investigation to the Wayne County Prosecutor's Office on Aug. 16 for a determination on whether criminal charges are warranted against the bailiff.
Butler, 45, had missed several scheduled court appearances over an expired lease when a bailiff came to evict him from his Manderson Road home the morning of July 12.
Police have said the bailiff forcefully entered the home after knocking without answer, and “encountered a person with a weapon that was attempting to attack him.”
The bailiff then called police, who arrived to find the man holding a box cutter to his neck, police said. When he refused commands to drop it, one officer then attempted to deploy his Taser, which did not take effect.
Butler then allegedly “attacked” the bailiff, who shot at him multiple times. He then “turned and lunged toward the officer,” and the bailiff fired additional shots, police said.
Bailiffs are independent contractors of the court and permitted to carry guns just as private citizens.
Members of the Board of Police Commissioners peppered Assistant Police Chief Charles Fitzgerald with questions about the case at their latest weekly meeting Thursday, including about potential protocols for coordinating with bailiffs who carry guns.
“This thing escalated quickly, and that's about all I can say at this point,” Fitzgerald said.
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Commissioner Linda Bernard questioned the department’s rationale for refusing to release video.
The community wants to know,” she said, adding that “it doesn’t matter” that the bailiff is a private citizen.
“The police were there, they took video and it should be released to the community,” Bernard said. “There was police involvement.”
A handful of public commenters at the meeting echoed the call.
“If you want us to trust you, if you want us to respect you, if you want integrity, if you want to claim transparency, then just release the type of information that could help this city understand what happened to Sherman Lee Butler,” said Eric Blount, a minister at Sacred Heart Catholic Church in Detroit. “Your officers were there. … Help the situation.”
Detroiter Steven Hawring said releasing the video would help the department avoid the spread of potential misinformation.
“Our taxpayer money is paid for the police, and we should know right away,” he said. “There needs to be more transparency.”
Detroit Free Press reporter Nushrat Rahman contributed reporting.
