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Autopsy confirms: Man shot in back
Source: www.detroitnews.com
An autopsy by the Wayne County Medical Examiner's Office on a man who was killed last week by an off-duty Detroit police sergeant shows he was shot twicein the back.The findings, obtained Friday by the Free Press, confirm an independent autopsy done last week by a doctor hired by attorney Geoffrey Fieger. Fieger represents the victim's family.
The county autopsy shows that Mark Boyce, 37, was shot three times. Two bullets were to the back -- one hit his right kidney and the other entered his lung and grazed his heart. A third bullet struck his left arm.
Police say Sgt. Kevin Kemp, 46, a 25-year veteran, was trying to break up a fight between Boyce and two other men that began in HB's Hide-a-Way Lounge at 1:50 a.m. on Oct. 1.
Homicide Inspector Craig Schwartz said Boyce had a gun and wrestled with Kemp. Though no gun was recovered, Schwartz said the shooting appeared to be justified.
The department has said little about the shooting, which was the third by an off-duty officer in two months.
Officer tries to end fight, fires fatal shot in struggle
Family and Fieger upset that officer's blood/alcohol was not tested
By Jodi S. Cohen / The Detroit NewsDETROIT -- An off-duty Detroit police sergeant Kevin Kemp shot fatally shot a 37-year-old man outside the Hideaway Lounge on Grand River early Tuesday morning, police said.
The victim, Mark Boyce, was fighting with another man inside the bar on the city's west side. The two men, who each had guns, continued to argue outside the bar when the 25-year police veteran tried to break up the fight, said Detroit police Sgt. Ricardo Moore.
Boyce moved toward the officer at about 2:15 a.m. and then turned and ran, Moore said. The officer followed and caught Boyce, the two men struggled on the ground, and the officer shot Boyce twice. However, after the shooting police were unable to find the handgun that Boyce reportedly had with him.
Police said that witnesses saw the gun, but attorney Geoffrey Fieger, who is representing Boyce's family, claims the victim was unarmed.
There still appears to be conflicting statements on whether Boyce pointed a gun at anyone or even had a weapon. Right now, the medical examiner is not saying if the first bullet hit Boyce in the back, but the prosecutor's office is conducting an independent investigation.
"It is the law in Michigan that an officer can shoot a fleeing felon. Some, including me, don't think that law is right, but it is the law. If somebody commits a robbery and is running away and an officer shoots that person in the back, the officer did not commit a crime," said Mike Duggan, Wayne County Prosecutor.
"The officer was not intoxicated, and our information is that he was, in fact, a patron there on this particular evening," said Craig Schwartz, Detroit Police Inspector.
"I would like to know if the police officer was tested for alcohol. These type of things need to be explored. I don't think this case was thoroughly investigated by the Detroit Police Department," Fieger said.
Actions News was told the sergeant is a regular customer at the bar. He was off-duty and witnesses say he had been drinking, but after the deadly shooting his alcohol level was not tested. Police officials say, even in this situation, it's not required.
Prosecutor Duggan says right now he cannot comment directly on the case, but Action News has learned that years ago the sergeant involved was shot himself multiple times by his then wife, and he chose not to press charges.