Prosecutor says shooting justified after drunken man killed by Michigan State Police

A northern Michigan prosecutor said a Michigan State Police trooper will not face charges after concluding that a fatal shooting earlier this month was justified.

David Stockton was shot by an unnamed trooper along I-75 in Crawford County on Feb. 3. According to Prosecutor Sierra Koch's findings, Stockton was in the ditch on I-75, north of the West Federal Highway exit in Beaver Creek Township. 

When police arrived, it appeared Stockton was intoxicated. Koch said he couldn't tell police which road he was on or where he was coming from. He also had difficulty standing, was slurring his speech, and smelled like alcohol.

Stockton allegedly refused to perform sobriety tests but eventually agreed to a preliminary breath test. However, when the trooper came back with the PBT machine, he became uncooperative and refused to get out of his vehicle, Koch said. Stockton then rolled up his window and pulled out a holstered gun.

Koch said when the trooper gave commands to Stockton, he told the trooper to "shoot" him numerous times and shouted, "Either you are going to shoot me or I am going to shoot you."

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Stockton then unholstered his gun and pointed it at the trooper, Koch said, before the trooper shot him. 

According to the toxicology report, Stockton's blood alcohol level was .181, more than double the legal limit, and he had THC in his system.