KENT COUNTY, Mich. — The Lowell police officer who came under intense social media scrutiny for the way he removed two opossums from a West Michigan road will not be charged, nor will the man who accused him of animal cruelty face any charges.
That's according to an explanation provided by Kent County Prosecutor Christopher Becker Tuesday.
Last week, 13 ON YOUR SIDE first reported that Lowell resident Zachary Myers spotted two opossums lying in the middle of the road on Alden Nash Avenue SE. He stopped his car, positioned it in the middle of the road and turned his hazard lights on to prevent anyone else from hitting the animals.
A Lowell Police Officer on patrol promptly moved the two animals from the road using his foot for one and picking the other up by its tail.
Myers filed a complaint against the officer, accusing the officer of cursing at him. Myers also alleges the officer kicked the baby opossum three times before carrying it off to the side of the road.
Myer's interview with police, his written complaint and bodycam footage were submitted to the Kent County Prosecutor's Office for review.
"...In addition to the inconsistency regarding the comments made, there is no evidence that Officer Stephens kicked the opossum like a football, or kicked it so hard it "flew 10 feet from the middle of the road to the grass" as was also alleged. Officer Stephens did use his foot to move one possum; but while he did use his foot, it would be hard to describe this as a kick. He used the side of his foot. The video shows his foot did not move back more than six inches and it was not a hard strike where the possum flew in the air. The contact did cause the possum to roll on the road. He did this three times to get the possum off the road. He did pick up the apparently dead possum by the tail and throw it off to the side of the road into the grass," Becker said.
"None of this conduct is criminal," Becker said. "He clearly was trying to get a possum off the road, and he did use force to do so, but to argue that with these actions he was attempting to hurt or harm this animal simply is not supported by the evidence contained in the video footage. The law also requires the animal to be alive, so throwing a dead animal off the side of the road does not meet this definition either."
"The words Officer Stephens was alleged to have spoken to Mr. Meyers, specifically the multiple use of the F-word, simply did not occur in the way Mr. Myers alleges," Becker said.
The prosecutor's office also reviewed the evidence on the possibility of filing a false report of a misdemeanor offense.
"There is no basis for any charges there either," Becker said.
You can read his full explanation here:
RELATED: Lowell Police Dept. finds no wrongdoing from officer who stopped, moved opossums off of the road
BODY CAM: Lowell Police officer moves opossums off of the road
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