By Liz Shepherd
InkFreeNews

CULVER — The use of a firearm in a fatal, officer-involved shooting in Marshall County in November 2021 has been ruled as justified by Marshall County’s prosecutor.

Just after 2 p.m. Sunday, Nov. 28, 2021, a gas station employee called 911 to report an intoxicated customer who drove away from the business. An officer with the Culver Police Department attempted to stop the vehicle’s driver on SR 17, west of Culver. The Chevrolet’s driver, later identified as Dylan W. Bush, 33, did not stop and led several officers on a pursuit through Marshall County.

About a half hour after the pursuit began, the Chevrolet eventually came to a stop in a business parking lot in the 1100 block of North Lake Shore Drive in Culver. Marshall County Deputy Sergeant Matthew Brown stopped his police vehicle in front of Bush’s vehicle. When Brown exited his police vehicle, Bush accelerated forward and at an angle, hitting and propelling Brown into the side of his own vehicle.

Brown then fired three rounds from his issued handgun, hitting Bush. After being struck, Bush drove several hundred feet and crashed into an unoccupied vehicle in a nearby parking lot. The pursuit ultimately traversed 13.5 miles.

Officers immediately began to render medical aid to Bush until medical personnel arrived. Bush was pronounced dead at the scene.

An autopsy on Nov. 30, 2021, confirmed that Bush’s cause of death was the gunshots. A toxicology report revealed the presence of various compounds such as cannabinoids and methanol, with a BAC of .23.

In regards to officers involved in the pursuit of Bush and his vehicle, it was ruled that at all times, officers acted within pursuit policy parameters.

Court documents from Marshall County Prosecuting Attorney E. Nelson Chipman Jr. about the shooting investigation state that Brown was “thrown against his own vehicle with such force that his holster and ammunition clips dent Brown’s vehicle, leaving discernible marks on both the vehicle and the holster. Brown suffered an injury to his leg.”

Earlier during the pursuit, Bush used his vehicle three times to strike law enforcement vehicles.

Brown told police he thought Bush was attempting to kill him by running him over with his vehicle.

The Marshall County Sheriff’s Department policy manual states that “the use of deadly force against persons by employees, shall be restricted to the following: 1) the officer reasonably believes the force is necessary to prevent serious bodily injury to himself or a third person; 2) the officer reasonably believes that the force is necessary to effect an arrest for a felony, and the officer believes that: a) the crime for which the arrest is made involved conduct including the use or threatened use of deadly force or serious bodily injury; or, b) there is substantial risk that the person to be arrested will cause death or serious bodily injury if apprehension is delayed.”

Chipman’s conclusion is as follows: “Sergeant Matthew R. Brown fired his service weapon and killed Dylan Bush. Based upon the evidence collected, the circumstances deduced, and the application of department policy and state law, (Chipman) determines that Sgt. Brown’s use of his firearm was justified, and its discharge proper and in accordance with departmental policy and applicable state law. Consequently, there will not be criminal charges filed in this case.”