CLUTCH JUSTICE · RECORD REVIEW

The deputy’s wrong LEIN query, undocumented verification steps, and a fatal encounter the released record still does not fully reconstruct.

By Rita Williams

After reviewing the released investigative file, I do not consider the deputy’s written statement a sufficiently corroborated reconstruction of Joseph Nagle’s final moments. The deputy’s first documented database action was wrong. Material portions of his account still require movements and body positions the released record does not explain.

That is my assessment of the account’s reliability. It does not establish that every statement was false. MSP expressly records the wrong plate query and separately asked the deputy how the confrontation moved from Joey’s Impala to the front or front side of the patrol SUV. The substantive answer to that movement question was not located in the released materials reviewed. [1, pp. 38, 44]

The investigation subjected Joey’s life to extraordinary scrutiny after his death. The deputy’s conduct, documented mistakes, procedural decisions, evidence handling, and account deserve the same scrutiny. The released record documents one LEIN plate query: EJV6675, not Joey’s EJV6635. It records the correct plate spoken over the radio, but no LEIN query of that plate and no LEIN driver-license query for Joey. [1, pp. 11–20, 33–38, 48]

Start by assuming the deputy is telling the truth. Can we reconstruct his version from the photographs, radio timestamps, autopsy, and documented evidence locations without supplying important facts ourselves? No, we absolutely cannot. The released record does not tell us enough about the movement between vehicles, the timing of particular actions, or the participants’ positions at the shot. A physically possible hypothetical is not a verified reconstruction.

Joseph Maverick Nagle was 22 when an Allegan County sheriff’s deputy shot him during a June 16, 2022 traffic stop on 26th Street in Monterey Township. The autopsy records one penetrating gunshot wound of the chest. The deputy’s June 21 letter acknowledges firing once. Koch declined charges. [3] [4] [24]

Scope: the 51-page MSP report, 93-page external-document packet, separate four-page deputy letter, autopsy, toxicology report, available scene images and inventories listing 145 photographs, and the prosecutor’s memorandum identified below. Page references are PDF page numbers. The raw LEIN drive, underlying recordings, complete phone extraction, unredacted file, and complete ACSO policies were not available for this edit. Family accounts remain separately attributed. Visible markers identify claims still requiring supporting material.

Direct Answer

The deputy ran the wrong plate through LEIN. The released record documents neither a query of Joey’s correct plate nor a driver-license LEIN query. MSP also sought an explanation of how the struggle moved between the vehicles. An unsigned answer was received through counsel on July 7, but its substance was not located in the reviewed release. That does not establish what the prosecutor received. [1, pp. 37–38, 44, 49]

Key Points

The deputy’s letter is dated June 21; MSP records receiving a statement through his department June 22. Those dates do not establish two separate substantive accounts. MSP later received an unsigned July 7 clarification through counsel, whose substantive answer was not located in the reviewed release. [1, pp. 4, 44] [3]

Keys were photographed on the Impala’s driver’s seat; Joey’s license and glasses were documented on the roadway nearby. The casing and his final documented body position were near the patrol SUV. Those recovery locations demand an account of movement; they do not prove where every item remained throughout the encounter. [1, pp. 4–5] [2, pp. 80–81] [7]

The autopsy documents an eccentric abrasion collar, stippling, and a front-to-back, slightly right-to-left, downward path in standard anatomical position. It does not reconstruct either man’s posture at the shot. No known-distance test-firing procedure was located in the released materials reviewed. [4, pp. 3–4] [2, pp. 83–84]

The deputy queried the wrong plate; the released record documents no correct-plate LEIN query and no driver-license LEIN query. MCOLES training addresses those verification tasks. Separately, MSP’s July 7 Taser download indicated that the deputy’s less-lethal weapon was not used during the incident. [1, pp. 38, 44–45] [23]

Joey’s blood and urine toxicology are disclosed. No deputy drug or alcohol toxicology result was located in the reviewed release. His hospital records mention a requested legal draw and phlebotomy at bedside; those entries do not identify a completed drug test or its result. [5] [2, pp. 48–54]

Quick FAQs

Was the deputy charged in Joseph Nagle’s death?

No. Former Prosecutor Myrene Koch declined criminal charges after reviewing the MSP investigation.

Did investigators search Joseph Nagle’s car without a warrant?

The MSP crime-scene team said it did not search the Impala because no warrant was obtained. Criger and Petersen separately searched it before towing, describing their search as an inventory, and recovered a knife, suspected marijuana, and a phone. Whether that inventory complied with ACSO’s standardized procedure remains unresolved without the policy.

What did toxicology actually find in Joseph Nagle’s system?

NMS confirmed delta-9 THC and its inactive carboxy metabolite in iliac blood. Cocaine/metabolites appeared in an unconfirmed presumptive urine screen. Blood cocaine/metabolite confirmation was performed. No confirmed positive cocaine finding was reported in blood.

What remains unexplained in the deputy’s account?

The deputy’s wrong LEIN plate query is documented. A LEIN query of Joey’s correct plate and a driver-license LEIN query are not documented in the released record. The release also does not supply the substantive July 7 movement clarification or a reconstruction of the participants’ body positions at the shot.

Was the deputy drug tested?

No deputy drug or alcohol toxicology result was located in the released materials reviewed. His medical records note a requested legal draw and phlebotomy at bedside. Those entries do not establish which tests, if any, were completed or their results. The disclosed exposure-panel tests concern HIV and hepatitis, not drug or alcohol toxicology.

Report audit: inaccuracies, unsupported claims, and unresolved problems

Nineteen items came out of comparing the report against its own supporting packet. Each one below distinguishes an actual mismatch from missing corroboration, a procedural question, or an inference the evidence cannot establish; none of it labels every investigative gap a false statement. Tap any line for the evidence behind it, then keep reading, the sections that follow take the material findings further.

Plate entered in LEINDocumented error

The deputy ran EJV6675 at 22:03:10; Joey’s plate was EJV6635. At 22:04:07 he radioed the correct plate. A radio transmission is not a database query. The released record documents no query of EJV6635 and no LEIN driver-license query for Joey. R pp. 37–38.

Year of Hayward’s arrivalApparent clerical error

R p. 9 says 2336 hours on June 16, 2021, inside a June 2022 investigation. It should not be treated as a genuine arrival a year earlier.

Time Workman was notifiedInternally inconsistent time

R p. 27 says approximately 1015 hours on June 16, before the evening shooting. His arrival is recorded as 2320. The notification time is internally inconsistent; the correct replacement time has not been established.

Duesterberg’s arrivalConflicting records

The narrative places arrival at approximately 22:23; the handwritten scene log gives 22:42. Both are after the shot report, but they cannot both be the same arrival time. Reconcile with dispatch or video. X pp. 2, 16.

Movement from Impala to patrol SUVMaterial explanation missing from release

Criger expressly asked how the struggle moved between vehicles. He logged an unsigned July 7 answer through counsel, but its substance was not located in the supplied packet. This prevents a complete reconstruction; it is not proof that the answer never existed. R p. 44; deputy letter p. 3.

Claimed contact with Impala hoodExpected corroboration not found

Criger checked after reviewing the statement and found no hood dents or damage. That leaves the account uncorroborated by damage; contact need not always leave a dent. R p. 7.

Falling shooter and downward wound pathUnresolved body-position question

The letter describes starting to fall before firing; the autopsy gives anatomical front-to-back, slightly right-to-left and downward travel. No disclosed analysis reconciles posture and muzzle position. These facts do not alone establish physical impossibility. deputy letter p. 3; autopsy pp. 3–4.

Casing near patrol SUVLocation requires reconstruction

The case was recovered by the SUV while earlier parts of the struggle are described near the Impala. No disclosed ejection experiment resolves firing position, deflection, or later movement. The casing cannot establish an exact firing point by itself. X pp. 80–84; R p. 44.

Eye testing after putting on glassesPossible procedural departure / missing detail

The letter describes Joey putting on glasses and does not describe removal before HGN. NHTSA instructs removal. Clarification is needed before calling the procedure definitively improper. deputy letter p. 2; NHTSA, Session 3, p. 20.

Impala interior examinationDocumented limit on scene processing

The crime-scene team expressly did not search the Impala because no search warrant was obtained. Criger and Petersen separately conducted an inventory. The record therefore establishes a limited examination, not that nobody entered or searched the car. X p. 80; R pp. 5–6.

Knife ownership and forensic connectionUnresolved evidentiary link

The knife was inside the passenger-seat/door gap. No disclosed print or DNA result establishes ownership or use during the encounter. An open window and shared Milwaukee branding do not identify who put it there. R p. 5; X p. 80; knife and scene photographs.

Kent County dispatch referralSecondhand lead; identity redacted

The June 17 lead came through a dispatch supervisor reporting what shop workers told him. It is not a firsthand observation of the shooting. The supplement later records direct interviews; those must be evaluated separately. R pp. 11–15.

Shop video lost before interviewEvidence-preservation question

The report records a June 17 referral, June 21 interviews, and an overwritten Wilderness Expressions recording. A co-owner described a five-day overwrite cycle. The release does not establish when preservation was requested or whether police could still have saved it. Hallmark video was obtained. R pp. 11, 13.

Uniform identification of delivery driverWitness accounts differ

One co-owner said she did not recognize the driver from news photographs; another employee said she did. Identification also passed through delivery-driver conversations and online photographs. That is a reliability issue, not proof that every witness misidentified Joey. R pp. 11–14.

Cocaine allegations versus laboratory resultPresumptive urine result; no confirmed blood positive

The cocaine/metabolite urine screen was unconfirmed. Blood cocaine/metabolite confirmation was performed, but no confirmed positive cocaine finding was reported in blood. The report does not establish cocaine intoxication at the stop. NMS report, pp. 1–3.

Phone return and other propertyUnresolved custody accounting

The record documents seizure, extraction, a return request, and a later vehicle-release authorization, but no phone-return receipt was located. The family reports nonreturn and a missing mat; current custody and the mat’s handling remain unverified. R pp. 6, 46–49; X pp. 37–39, 88.

Formal account supplied days laterDocumented delay, not proof of fabrication

The letter is dated June 21 and Criger records receipt through Arnsman on June 22. Readers should not mistake it for a contemporaneous recorded interview. The delay alone does not prove that the account was invented. deputy letter p. 1; R p. 4.

Whether the sequence fits the clockImprobability cannot yet be quantified

The fight-to-shot-report interval is 55 seconds. The calculator demonstrates how assumptions can fit or exceed it; the actual action durations and instant of discharge are not measured. Calling the whole account physically impossible would exceed this record. R pp. 37–38.

Deputy drug/alcohol testing versus Joey’s toxicologyNo deputy toxicology result disclosed

Joey’s blood and urine testing is reported in detail. No deputy drug or alcohol toxicology result was located in the reviewed release. X p. 48 records contact with phlebotomy for a legal draw, and p. 49 places phlebotomy at bedside. Those entries do not identify a completed toxicology analysis. The disclosed HIV/hepatitis exposure panel is a different type of testing. NMS report; X pp. 48–54.

Running the stop against Michigan’s own training standard

Michigan’s basic-training curriculum, ACSO’s written policy, and constitutional or statutory law are three different sources of standards. MCOLES describes training objectives. ACSO’s specific written traffic-stop and verification policies have not been supplied for comparison. A training objective is not, by itself, an ACSO General Order or a constitutional requirement. Those distinctions do not diminish the documented error: the deputy ran the wrong plate. [1, p. 38]

MCOLES Module V-B-1, Vehicle and Driver Licensing, supplies the specific license-check objective. Under V.B.1.1, officers request a LEIN check of current license status: suspension or revocation, restrictions, wants and warrants, and repeat-offender status. Under V.B.1.3, registration information is verified through Secretary of State computer records, or INLETS through LEIN for out-of-state vehicles. [23, pp. 1–2]

The companion Module V-B-4, Stopping Vehicles and Occupant Control, addresses traffic-stop procedure. V.B.4.1 includes notifying dispatch of the stop location, reason, and vehicle license number. V.B.4.3 separately addresses determining the driver’s license and insurance status during the interview. [22, pp. 1, 3]

V-B-1’s history records a September 2021 review, before Joey’s June 16, 2022 stop, and a later November 2023 review. This establishes the module’s pre-stop history, but does not prove every word of this later copy was unchanged in June 2022 or when this deputy personally received the material. V-B-4 lists the same review dates. [23, p. 2] [22, p. 3]

The first four minutes deserve close scrutiny. Three minutes and 49 seconds elapsed between the stop call at 22:04:07 and the deputy’s report that testing was underway at 22:07:56. By that report, the only plate database query documented in the released material was the wrong one. No correct-plate LEIN query or driver-license LEIN query is documented. [1, pp. 37–38]

The timing alone does not establish that the deputy lacked a factual basis to investigate impairment. In his letter, he reported unusual stopping, travel below the speed limit, crossing the center and fog lines, marijuana odor, and agitation after Joey exited the car. He reported that Joey denied drug use. These are the deputy’s claimed observations and quoted responses, not independently verified findings about impairment. [3, pp. 1–2]

22:03:10: the deputy queries EJV6675, the wrong plate. 22:04:07: he verbally transmits EJV6635, Joey’s actual plate. 22:07:56: he reports testing underway. The released record documents no LEIN query of EJV6635 and no LEIN driver-license query for Joey. [1, pp. 37–38]

The deputy’s first documented database action was wrong. At 22:03:10 he queried EJV6675, not Joey’s plate, EJV6635. Fifty-seven seconds later he verbally gave dispatch the correct plate, but the released investigative record does not show that he ever ran EJV6635 through LEIN. Nor does it show a LEIN query of Joey’s driver’s license. Those are not minor bookkeeping questions in a traffic stop that escalated into a fatal shooting. The investigation scrutinized Joey’s conduct extensively. The deputy’s own mistakes deserve the same scrutiny. [1, pp. 37–38]

The deputy’s letter says Joey immediately handed him his license and that he later read its address. Possessing, reading, or visually inspecting the license does not establish database verification. The released Nagle record does not document a LEIN driver-license query. MSP’s narrative identifies the LEIN log as property item 28; this review has the released summary, not the underlying drive’s complete transaction data. [3, pp. 1–2] [1, p. 38]

Visual inspection of documents and database verification are distinct steps. The absence of a narrated paper-document check does not establish that it was omitted; registration verification also has a computer-record component in V-B-1. The comparison below identifies what the released record documents, without treating silence as proof of nonperformance. [23]

The released stop record compared with MCOLES objectives
StepWhat the record showsStatus
Vehicle identificationDeputy ran EJV6675 through LEIN at 22:03:10, a query that does not match Joey’s actual plate. Fifty-seven seconds later he called out the stop over the radio using EJV6635 instead, but nothing in the record shows he recognized the first number as an error, and the released record does not document a LEIN query against EJV6635 itself.Documented wrong-plate query
Registration and insurance checksNo registration or insurance verification is identified anywhere in the reviewed MSP narrative.Not documented
Driver’s license LEIN checkJoey’s physical license was recovered at the scene, confirming it was present during the stop. The released record identifies a mismatched plate query but does not document a LEIN driver-license query for Joey. Possession of the physical license does not establish that a query occurred.Not documented
Corrected plate re-queryThe deputy read off EJV6635, Joey’s actual plate, when he called out the stop at 22:04:07. MSP’s narrative does not identify a LEIN query ever run against that plate. The correct plate was spoken over the radio. No query of that plate is documented in the released material.Not documented
Basis for expanding to an OWI investigationThe deputy reported driving irregularities and marijuana odor in his letter. He reported testing underway 3:49 after the stop call. The timing alone does not disprove his claimed basis for testing.Deputy’s account; independent corroboration unresolved
Escalation management before deadly force82 seconds separate the backup request from the shot-fired report. MSP’s downloaded Taser history indicated no incident use; earlier opportunities for less-lethal force, distance, or backup remain questions.Critical unexplained window

Other acts are documented: the stop and later status calls, the backup request, CPR, clearance for Fire/EMS to approach, and responders securing the scene. The deputy’s letter places the backup request before his arrest approach; the radio interval alone does not time the onset of physical contact. Those documented acts do not correct the wrong plate query or supply the missing verification transactions. [1, pp. 37–38] [3, p. 3]

Scoring the stop, not the shooting

The stop findings below use evidence categories. The separate transparency grade is an explicitly editorial assessment, with its criterion stated below. No percentages are assigned. “Not documented” describes the reviewed release; “policy needed” identifies a missing standard for comparison.

First LEIN plate queryDocumented error
Correct-plate and driver-license LEIN queriesNot documented
Dispatch calls and CPRDocumented/completed
Earlier escalation alternativesUnresolved
ACSO verification and inventory requirementsPolicy needed
Deputy drug/alcohol toxicology resultNot disclosed
ACSO transparency — editorial assessmentF

Transparency criterion: the agency must identify the deputy who used fatal force and provide an officer-specific public accounting sufficient to examine his assignment, relevant background, and conduct. An unnamed deputy and no verifiable officer-specific background accounting in the released materials fail that threshold. ACSO transparency earns an F. This is an editorial judgment about disclosure, not a measured percentage or a finding that no investigation occurred. [1] [3]

The wrong query is an established error. The missing correct-plate and driver-license queries are separate documentation findings. Neither should be blurred into the other. [1, pp. 37–38]

This comparison identifies an error and the verification steps absent from the released record. It does not assign a legal verdict to the shooting. The training objectives make the omissions worth investigating; the record supplies the wrong query as a fact. Departmental compliance requires the applicable written policies.

The movement MSP had to ask about

The stop is one problem. What happened after it is another, and it turns on a question Michigan State Police itself could not answer from the deputy’s own account. The deputy’s letter describes an encounter that moves repeatedly: first to the front of the Impala, then to the patrol SUV, back to the Impala for glasses, and back to the patrol SUV for attempted eye testing. Later, he describes Joey moving toward his driver’s door, placing his hands on his head, coming down onto the Impala’s hood, and standing and moving toward the middle of his car. A heavily redacted account of the struggle follows. [3, pp. 2–3]

Criger’s follow-up is specific. He asked whether the deputy knew or remembered how they got from the front of Nagle’s vehicle to the front or front side of the deputy’s vehicle. On July 7, Criger received an answer through attorney Mike Woronko. He recorded that it was unsigned because it came through an email exchange, but would serve as the deputy’s official answer. [1, p. 44]

The question demonstrates a gap in the original account. It does not establish that MSP found the movement physically impossible. Nor does this release establish that the answer was withheld from the prosecutor: Criger said it would be included in external documents, and later wrote that the report and all external documents would be forwarded for review on August 11. I could not locate the substantive July 7 answer in the supplied packet. [1, pp. 44, 49]

The evidence is spread between two vehicles

Absent that answer, the physical evidence is the closest thing to one. The photographs show keys on the Impala’s driver’s seat. The reports place Joey’s glasses and driver’s license on the roadway near that car, and the deputy’s flashlight in the grassy shoulder between the vehicles. The casing was documented near the patrol SUV; the lab describes its collection location as southwest of that vehicle. Joey’s final documented position was in the grass near the SUV’s passenger-side front wheel. [1, pp. 4–5] [2, pp. 8–9, 80–81] [7]

That distribution calls for an explanation of movement, recovery, and scene changes. A final position documented after lifesaving efforts is not automatically the precise position at the instant of the shot. The casing also cannot, by itself, fix the shooter’s location.

Research on cartridge-case ejection shows why a blanket “within a few feet” rule is insufficient: firearm and ammunition characteristics, magazine condition, human factors, and the environment affect where cases land. A useful reconstruction would test the recovered location against the actual firearm and relevant conditions, including possible deflection or later movement. [8] [9]

There was firearm examination here. The laboratory identified scene item L1 as fired by the submitted Glock 22 Gen4 .40-caliber pistol. The recovered projectile comparison was inconclusive: it shared class characteristics but lacked sufficient reproducible individual characteristics for identification. That is neither a positive projectile match nor an exclusion. These tests address the firearm; they do not explain the participants’ positions. [2, pp. 83–84]

The hood check and the downward wound path

Two more pieces of physical evidence deserve the same treatment: the hood he says Joey went down on, and the wound itself. After reviewing the deputy’s statement, Criger returned to examine the Impala. He documented no damage or dents to the hood. He did find dents on the rear driver’s door and rear quarter panel, but could not determine when or how they occurred. The precise passage that prompted his inspection is redacted. [1, p. 7]

The inspection did not produce hood-damage corroboration. That matters, but it does not prove that contact with the hood never occurred or that such contact necessarily would have left a dent.

Koch’s memorandum recounts the deputy’s claim that repeated punches and headbutts preceded blurred vision and weakening legs. That remains his account because the autopsy findings do not support it.[24] His letter says he was starting to drop, released Joey’s wrist, drew his firearm, and fired once. [3, p. 3]

The autopsy documents the wound, not a second eyewitness account. The entrance is slightly right of the center of the chest. Its eccentric marginal abrasion extends from the 9:00 to 12:00 positions; stippling extends from the 9:00 to 6:00 positions, up to 2.4 centimeters from the wound. There is no muzzle imprint or gunpowder soot. The internal path is front to back, slightly right to left, and downward with the body in standard anatomical position. [4, pp. 3–4]

Those findings must be accounted for in a reconstruction. They do not, on their own, place the deputy at Joey’s “upper right,” determine a roadway firing angle, or establish the men’s posture. The autopsy’s anatomical directions describe the path through Joey’s body; the wound-clock positions do not supply a separate, verified map of the shooter’s location. No case-specific reconstruction resolving those relationships was located in the reviewed material.

Koch attributes a six-to-eighteen-inch muzzle-distance estimate to a September 2022 discussion with Dr. Brooks and treats it as supporting proximity. That estimate supports close range; it does not, by itself, establish relative posture or orientation. [24]

The released record still needs to connect the claimed movement, Joey’s torso orientation, and the muzzle position at the shot. A downward anatomical path does not by itself disprove a falling shooter. Nor does proximity independently corroborate the complete physical account. No known-distance test-firing procedure was located in the released materials reviewed. The firearms report does document two test shots using submitted ammunition for comparison. Those comparison shots are not documented as a muzzle-distance reconstruction. [3, p. 3] [4, pp. 3–4] [2, pp. 83–84]

The unused Taser deserves direct scrutiny. The deputy had a less-lethal weapon, serial X2900EM21; MSP’s downloaded history indicated it was not used during this incident. [1, pp. 8, 44–45] [2, pp. 63–75] Koch concluded it was not a viable option during the close struggle. That is her assessment, not a case-specific technical finding established here. [24] The investigative question includes earlier opportunities: was there a reasonable chance to use less-lethal force, disengage, create distance, or wait for backup before the encounter reached the deadly-force threshold the deputy described? The release does not resolve that question. The presence of a Taser alone does not establish an obligation to deploy it first or prove that it would have prevented the shooting.

The timing of evidence collection was materially different. MSP’s property entries record the deputy’s uniform shirt and Taser as seized from D/Sgt. Arnsman on June 22, six days after the shooting. The Taser history was downloaded July 7, three weeks after the shooting. Criger records receiving medical records through counsel on August 4. Evidence from Joey—including blood, fingernail clippings, a DNA card, and clothing—was collected through the June 17 autopsy and immediate death investigation. Most related property entries carry June 17; the shirt entry carries June 18. That disparity deserves explanation. [1, pp. 8, 22–26, 44–45, 48] [4, p. 7]

The record also identifies immediate collection involving the deputy: his firearm, ammunition, and radio earpiece connector were seized June 16, and his injuries and uniform were photographed. Casperson separately records drying and securing Joey’s clothing before repackaging it June 22. These details matter when comparing treatment of the evidence. The later seizure and receipt dates do not, by themselves, establish a custody break. [1, pp. 2–4, 22]

The windows were down, and the search was limited

The vehicle itself raises a parallel custody question. This detail is explicit in MSP’s laboratory report: the Impala’s front driver and passenger windows were rolled down; its rear windows were up. The patrol SUV’s four doors were closed and its windows were up, although its rear hatch was open. These are documented scene conditions, not proof that every window remained in that position throughout the stop or subsequent response. [2, p. 80]

“Since a search warrant was not obtained, the CSRT did not search the silver Impala.” [2, p. 80]

Criger separately records an inventory search with D/Sgt. Todd Petersen before towing. That search produced the knife, suspected marijuana cigarettes, and the phone. An inventory of valuables and a forensic interior examination answer different questions. The released records document the former and explicitly describe the scene team’s decision not to perform its own search. [1, pp. 5–6]

A properly conducted inventory of a lawfully impounded vehicle may fall within a warrant exception when standardized procedures serve legitimate administrative purposes. South Dakota v. Opperman and Colorado v. Bertine do not establish that this particular search complied with ACSO policy. [25] [26] Workman later found Joey’s wallet in the center console on July 28. That raises a legitimate question about the thoroughness of the claimed inventory and whether it complied with ACSO’s standardized procedure. That procedure has not been supplied for comparison. [1, pp. 5–6, 46, 48]

Open windows make access to the interior a legitimate scene-integrity question. They do not establish that someone introduced an object. The useful questions are who accessed the vehicle, when the interior was first photographed, and whether those photographs precede or follow each search or handling event.

A Milwaukee knife is not an ownership finding

One of the things that search turned up deserves scrutiny on its own. Criger reports finding a red folding knife, blade out, between the front passenger seat and passenger door. The close-up photograph identifies it as Milwaukee-branded. It was recorded inside the Impala, not recovered from Joey’s person or beside his body. Holscher, the early responder who took over compressions, told investigators he did not recall seeing weapons on Joey or on the ground nearby, while emphasizing that he was focused on lifesaving. [1, pp. 5, 10] [7, IMG_0201–0202]

Joey’s mother did not recognize this as a type of knife he carried. I found no disclosed latent-print or DNA examination of the knife, or a documented determination of its ownership, in the supplied records. Its discovery in the car does not establish that Joey possessed it during the confrontation or used it to threaten anyone and it never came up in the Deputy’s statement.

The wide scene photograph also shows a Milwaukee-branded work light and a survey target on a pole. These are consistent with the documented scene-processing activity: Sgt. Ryan Dangl reports using the Wayland Post’s Leica total station and data collector to take 32 measurements. The report names the crime-scene personnel as Grace Bommarito, Rebecca Crum, and Russ Karsten. [2, pp. 8–9, 79] [7, 20220617021820]

The shared brand does not establish ownership or connect the knife to a responder. The reviewed release supplies no forensic result or ownership determination connecting it to the confrontation. The questions are concrete: when was the knife first documented, who accessed the interior before then, and what print, DNA, or ownership work was performed? The photographs alone do not answer them and MSP did none of the footwork.

What the clock does and does not show

Return to the clock, this time with MSP’s dispatch summary rather than a single line in a table. MSP’s radio summary records the stop at 10:04:07 p.m.; testing status at 10:07:56; “still testing” at 10:11:19; a backup request at 10:13:19; “fighting with one” at 10:13:46; and “shot fired” at 10:14:41. That is 10 minutes 34 seconds from the stop call to the shots-fired report, 82 seconds from backup request to shots-fired report, and 55 seconds from fight report to shots-fired report. These are radio intervals, not direct measurements of the start of physical contact or the instant of firing. [1, pp. 37–38]

The letter describes aborted and restarted HGN attempts. A model that automatically adds 90–120 seconds for a completed HGN test misrepresents that account. Nor can the entire stop, glasses retrieval, and testing sequence be squeezed into the final 55 or 82 seconds: those activities are described earlier.

There is a separate, concrete testing question. The letter says Joey retrieved and put on his glasses before the eye test, without describing their removal. NHTSA’s 2018 refresher instructions tell officers to have subjects remove eyeglasses. The difference warrants clarification about how the test was administered; it does not establish the shooting’s circumstances. [3, p. 2] [10, Session 3, p. 20]

Test the timing assumptions

Scenario calculator, not a reenactment. All adjustable durations and placements of actions within phases are illustrative assumptions. The radio intervals come from MSP’s summary; they do not independently timestamp each action described in the letter.

  1. Before backup, 9:12 available between radio calls: initial contact; front of Impala; front of patrol SUV; glasses retrieval and return; interrupted HGN attempts; discussion and movement toward the Impala.
  2. Backup to fight report, 0:27: approach, arrest announcement, described hood contact, standing and turning, hand control, and radio transmission.
  3. Fight report to shot report, 0:55: quoted exchange, partly redacted struggle, release of wrist, draw, shot, reholstering, and radio report.
Read the quoted exchange timed below

Deputy: “Please, don’t do this.”
Joey, as quoted by the deputy: “Don’t do what? Shoot me? That’s your goal isn’t? To shoot and kill me?”

18 words, counting contractions as one word. The deputy’s next reply is paraphrased in his letter and is not included in this quote count. Source: June 21 letter, p. 3.

Before backup: 6:30 assumed / 9:12 between calls

Backup to fight report: 0:25 assumed / 0:27 between calls

Fight report to shot report: 0:42.2 assumed / 0:55 between calls

Quoted exchange alone: 7.2 seconds at 150 words/minute, without pauses.

These example assumptions fit within each radio interval. That does not corroborate the account.

“Other time” includes the paraphrased reply, pauses, physical actions, and reporting time. Dark bar: assumed time (quoted speech in the last interval). Magenta: other time after subtracting overlap. Bars stop at each interval’s limit; the text reports any excess. The first two phases use sequential totals; overlapping actions could reduce them. The radio clocks have not been independently synchronized to video or a recorded gunshot.

The point of testing the timing is to make assumptions visible. At assumed speech rates of 80–240 words per minute, the 18-word quoted exchange after the fight call would take about 4.5–13.5 seconds without pauses. That leaves a variable amount of a 55-second radio interval for everything else. It does not establish a minimum duration for the partially redacted struggle, or show that the account is mechanically impossible.

Who the records identify as not having shot Joey

The same clock that raises those questions also fixes who was where, and when, which makes it possible to say clearly who this file rules out. Names appear throughout a fatal-shooting file because people respond, provide medical aid, document evidence, or investigate. Their presence in the paperwork is not evidence that they fired the shot. The following exclusions are based on the reported response chronology, not an independent forensic examination of every person’s firearm.

PersonBasis for exclusion in these records
Deputy LajoiceMSP expressly says his 10:08 p.m. “on scene” call concerned a separate car/deer crash near Holland/66th Street, CFS 14629. It was unrelated to Joey’s stop. R p. 37.
Deputy AusthofHe heard the “shot fired” radio transmission and subsequent CPR reports while en route, then assisted the involved deputy. Dispatch logs his arrival at 10:21:15 p.m. R p. 38; X p. 4.
Deputy TatrowHis narrative places his response after the shots-fired report; he arrived to ongoing medical aid and later started a scene log. X pp. 4–5.
Officer Duesterberg, Allegan City PDHis narrative says he heard the shot report en route and arrived about 10:23 p.m., with lifesaving efforts underway. X p. 2. A separate handwritten log differs on his arrival time; both entries are after the shot report.
Philip Duane Holscher, Sandy Pines Public SafetyHe responded to the CPR/medical dispatch and found the deputy performing CPR. MSP says his body-camera recording corroborated his account of his involvement. R pp. 9–11.
Joshua Smyth and Scott Johanson, Gun Lake Tribal PoliceTheir interviews place their arrival after the shot, during the medical response. Johanson’s surname is also spelled “Johansen” in the narrative. R pp. 41–42.
Jordan Cadahia, Wayland PDHe heard the shot and CPR reports en route, then assisted with CPR and marked the ID and glasses. R p. 43.
Tyler Spoelma, Sarah Brown, and Ryan Dangl, MSPSpoelma arrived during CPR; Brown’s report places arrival near 10:39 p.m.; Dangl’s near 11 p.m. They secured or documented the scene. X pp. 6–9, 12.
Sheriff Frank Baker, Lt. Mike Brown, and Detective Chris HaverdinkThe handwritten scene log records their arrival at 10:58 p.m. This identifies the sheriff specifically; it should not be conflated with other references to a “Sgt. Baker.” X p. 16.
Shane Criger, Christopher Hayward, and Todd Petersen, MSPTheir recorded investigative contacts or arrivals follow the shooting: Criger describes the 10:48 p.m. notification; Hayward arrives at 11:36 p.m.; Petersen at approximately 11:45 p.m. R pp. 1–2, 9, 41.
Grace Bommarito, Rebecca Crum, and Russ Karsten, MSP crime-scene teamThe lab report records team arrival at 12:56 a.m. on June 17, more than two hours after the shot report. X p. 79.

This is a record-supported exclusion list, not a method for guessing a redacted name. The involved deputy remains unnamed in these released documents. Unit A6 and the patrol vehicle’s plate are not, by themselves, a reliable basis for identifying him.

ACSO transparency earns an F under the disclosure criterion stated above. The deputy is unnamed in the released materials, preventing a reliable officer-specific review of his background and disciplinary history. The public should not have to identify the person who used fatal force by eliminating names from an agency assignment page. That is an accountability failure in the release, not proof that MSP performed no investigation of him. The file documents firearm collection, injury photographs, medical records, Taser data, and a request for clarification. The issue is whether that work adequately tested his account and whether the public has been given the information needed to examine it. [1, pp. 2–4, 8, 44–45, 48]

The deputy’s letter identifies his assignment as the Leighton/Dorr contract. Clutch was able to locate a June 10, 2022 Wayback Machine snapshot of Allegan County’s contracted-patrols page as naming Bernard Austhof and Matt Langlois. [21] Austhof’s post-shot response is documented independently. If the retained snapshot lists only those two deputies, that makes the other listed deputy a concrete identification lead. A public assignment page still does not establish who actually worked the shift or account for substitutions. That is why the duty assignment matters. Duty rosters and administrative-leave records are the relevant next sources. Clutch has pending requests for those records and the deputy’s disciplinary and promotion history[3, p. 1] [1, p. 38]

The phone, the floor mat, and the identification question

Identity cuts the other way too, toward what the deputy actually knew about Joey, and toward what happened to Joey’s belongings afterward. The phone was not merely mentioned in passing. Petersen seized it from the dashboard as property item 23. Criger delivered it to Computer Crimes on July 7. The July 19 examination report says the iPhone arrived damaged, that a full file-system extraction was obtained, and that two notes and two videos were tagged for the investigator’s review. Criger later acknowledged that he did not personally examine every part of the large extraction. [1, pp. 6, 44, 48] [2, pp. 37–39]

It is worth emphasizing that the phone was found after the incident in damaged condition, on the dash. But the Deputy’s statement claimed Joey had been driving with the phone in his lap.

MSP also documented Joey’s mother’s request for the phone’s return on July 26. The family states that it has not been returned. We still don’t know what’s on Joey’s phone. I found no receipt documenting its return to the family in the supplied packet. The 2022 documents establish seizure, extraction, and a return request; they do not independently establish the phone’s present custodian or the current reason for retention. [1, p. 48]

The family account in the supplied draft also reports a floor mat missing when the vehicle was returned. In my review, I did not locate a floor-mat property entry or a before-and-after custody record resolving that concern. Separately, the report documents a family request for Joey’s wallet and varsity jacket, a later search that found the wallet, and failure to locate the jacket. [1, pp. 46, 48, 51]

The wrong-plate query and the absence of documented driver-license verification do not establish that the deputy lacked Joey’s identity. The deputy’s letter says Joey handed over his license and that he later read its address. Responders report identifying Joey from the license recovered in the roadway. Those identification acts do not establish a LEIN query. The database findings remain: EJV6675 was queried; EJV6635 and Joey’s driver’s license have no documented LEIN query in the released material. [1, p. 38] [3, pp. 1–2] [2, p. 6]

The supplied draft attributes the remark “That’s him then” to the family’s recollection. Establishing what that remark meant requires the speaker, context, and any recording; the phrase alone does not resolve what the deputy knew before firing.

Scrutiny of Joey and scrutiny of the investigation

The file examines Joey’s prior behavior, workplace allegations, alleged drug use, social-media activity, and selected phone contents. If investigators were willing to examine Joey’s life at that level, the deputy’s own verifiable errors and procedural decisions should not receive less scrutiny. The wrong query, undocumented verification, unused Taser, collection dates, observed injuries, and unresolved scene reconstruction deserve direct examination. That is a comparison of documented investigative work, not a finding about investigators’ motives. [1, pp. 8, 11–20, 28, 33–38, 44–48]

Joey’s toxicology is disclosed in detail. The deputy’s is not. No deputy drug or alcohol toxicology result was located in the released materials reviewed. Medical treatment and injury records do not substitute for that testing. The hospital record says, “Phlebotomy contacted for legal draw per patient supervisor,” and the next page records phlebotomy at bedside. Those entries require follow-up: what was collected, what analysis was requested or performed, who received it, and where are any results? The visible laboratory entries concern HIV and hepatitis exposure testing, not a drug or alcohol screen. The record does not justify treating those entries as proof of either a completed toxicology test or a decision never to test. [2, pp. 48–54] [5, pp. 1–3]

The toxicology distinction is exact. NMS confirmed delta-9 THC and its inactive carboxy metabolite in iliac blood. Cocaine/metabolites appeared in an unconfirmed presumptive urine screen, for which the laboratory recommended a more definitive confirmation technique. Blood cocaine/metabolite confirmation was performed. No confirmed positive cocaine finding was reported in blood. That is not a quoted laboratory finding that the blood test was “negative,” nor does it prove there had never been cocaine use. The presumptive urine finding is not a confirmed measure of cocaine intoxication during the stop. [5, pp. 1–3]

FOX17’s subheadline stated that Joey “was on cocaine when shot.” Its text reported positive toxicology without distinguishing the presumptive urine result from confirmed blood findings. That presentation overstates what the laboratory report establishes. It omits the confirmation limitation and implies certainty about the time of the shooting that the reported result does not supply. [19] [5, pp. 1–3]

There are limits to broad claims about neglected evidence. Fingerprints and palmprints were collected at autopsy. Scene coordinates and photographs were obtained. The firearm was tested. The deputy’s injuries were photographed and described, and the external-document packet contains redacted medical records. The narrower question is whether the relevant items were tested and the results used to resolve the contested account. I found no disclosed knife latent-print/DNA result, ejection-location experiment, or body-position reconstruction answering those questions. [4, p. 7] [2, pp. 8–9, 40–62, 79–84] [1, pp. 4, 28, 48]

The Kent County dispatch supervisor and the shop allegations

The referral appears on page 11 of the supplement that identifies Shane Criger and Christopher Hayward as investigators. It describes a Kent County Sheriff’s Department dispatch supervisor, whose name is redacted, relaying what Wilderness Expressions workers told him. The supervisor is not described as witnessing Joey’s traffic stop or shooting, or personally witnessing the shop encounter. Calling this a law-enforcement-linked lead is supported; calling it independent firsthand corroboration is not. [1, pp. 9–11]

The supplement records later interviews with shop witnesses, so the investigation did not stop at that referral. Their accounts require individual treatment: one co-owner did not recognize the driver from news photographs, while another employee said she did. Some identification information came through other delivery drivers and online photographs. The shop’s own recording was reportedly overwritten before the June 21 interviews; Hallmark video was obtained. Those are concrete questions about identification and preservation. [1, pp. 11–15]

Clutch was able to identify the redacted supervisor as Shawn Holtrop, as cited on Holtrop’s Linkedin and Kent County staffing records. [20] The supported finding does not depend on naming him: the referral was a law-enforcement-linked secondhand lead, followed by separately documented witness interviews. [1, pp. 11–15]

Criger’s record and Siver’s role

The people asking these questions about Joey have their own records, and those deserve the same scrutiny. Criger’s involvement in the Raymond McCann investigation is relevant background for scrutiny of his work. The federal docket names Michael Shane Criger as a defendant in McCann’s civil-rights suit, filed in 2019. Prison Legal News reports that Criger worked with Bryan Fuller in the investigation that led to McCann’s wrongful perjury conviction. Its account attributes a later jury verdict to Fuller’s conduct; the precise amount is not used here because that article’s stated total and listed components differ. Those facts warrant careful examination; they do not establish that Criger fabricated evidence in Joey’s case or that the jury returned that verdict against Criger. [11] [12]

There is also an unpublished appellate opinion concerning destroyed evidence in People v. Przewoznik. The 2006 appellate opinion describes Criger’s testimony that meth-lab materials were destroyed under hazardous-materials policy. The court found no showing of bad faith and rejected the due-process claim. Citing the destruction without that disposition would misstate what the court decided. [13, pp. 1–2]

The family account in the supplied draft describes Thomas Siver approaching in the immediate aftermath while Kelly was in shock and expresses dissatisfaction with his representation. The investigative record documents that, on June 20, he advised MSP that his firm represented the family and estate and asked that communication go through his office. It also documents his submission of a witness interview and Facebook screenshots. [1, p. 36]

That interview should be handled fairly. The witness could not confidently identify the age or pitch of the voice he heard shouting “no.” Uncertainty about the voice’s age does not erase his report of repeated shouting followed by a shot, and does not establish that Siver invented the observation. The released police file alone cannot show the complete work performed by the family’s lawyer. It can support a direct question: what steps did counsel take to obtain the missing explanation, test the physical account, and resolve the family’s property concerns? [1, p. 18]

Officers at the scene: misconduct allegations and documented case history

Criger and Siver are not the only names in this file with a record worth checking. Each entry identifies the person’s Nagle role and what the separate record actually establishes. Later lawsuits and rulings are dated explicitly; their existence does not establish what anyone knew in June 2022. Being a defendant, testifying about an investigative failure, and being found liable are different things.

Publicly documented matters and the limits of this review
Officer and Nagle roleSeparate matterDocumented history and outcome
Shane Criger, MSP lead investigatorMcCann v. Fuller; filed 2019Named defendant in litigation over McCann’s wrongful perjury conviction. Public reporting links him to the investigation; the reported verdict was against Fuller; its amount requires the verdict or judgment to resolve conflicting figures in the secondary report. Criger’s individual disposition was not verified here. Documented litigation involvement; no individual verdict against Criger established by these sources. Docket; verdict reporting. Nagle role: R pp. 1–7.
Shane Criger, evidence destruction testimonyPeople v. Przewoznik; 2006 opinionThe opinion describes Criger’s testimony that meth-lab materials were destroyed under hazardous-materials policy. The court found no showing of bad faith and rejected the due-process claim. Documented destruction issue; no misconduct finding in that ruling. Opinion, pp. 1–2.
Todd Workman, MSP scene investigatorPeople v. Loew; 2024 opinion reviewing earlier trialThe lead opinion recounts Workman’s acknowledgment that the complainant had not been referred for a medical examination, contrary to investigative protocol. It does not assign him all of the preceding trooper’s investigative errors. The court affirmed reversal of the new-trial grant. Documented testimony about a protocol failure; no personal disciplinary finding against Workman established. Opinion. Nagle arrival: R p. 27.
Ryan Dangl, MSP scene surveyAntol v. English; April 2022 search, August 2026 appealNamed among officers sued over a residential search. The Sixth Circuit upheld the search-warrant ruling and qualified immunity. Its partial reversal concerned a separate restroom-denial claim against Scott Josephs, not Dangl. Litigation history; this decision does not establish misconduct by Dangl. Opinion, pp. 2, 5–9. Nagle role: X pp. 8–9.
Christopher Hayward, MSP scene investigatorStevens v. Elsman; 2025 litigationNamed as a defendant, but the magistrate found that the complaint contained no factual allegation about his conduct. The district judge dismissed the complaint with prejudice on April 10, 2025. Dismissed claim; no misconduct finding. Recommendation, pp. 5–6; final-order docket entries. Nagle role: R pp. 9–20.
Sheriff Frank Baker, scene logLopez-Lopez v. County of Allegan; 2018 rulingSued over detention after bond was posted while awaiting ICE custody. The court granted dismissal for failure to plead a plausible claim. Dismissed civil-rights litigation; not a finding that Baker unlawfully detained the plaintiff. Opinion and order. Nagle scene entry: X p. 16.
Frank Baker and Mike Larsen, scene logJones v. Baker; filed July 2022The court’s December 13, 2022 recommendation identifies both as defendants in an excessive-force lawsuit and describes a later retaliation injunction request aimed at Larsen and others. It recommended denying that request, noting the absence of supporting evidence. Allegations and an interim ruling; final merits disposition not verified here. Court recommendation. Nagle scene entries: X p. 16.
Chris Haverdink, Allegan detective, scene logClutch Justice reporting; 2025Clutch Justice reported allegations about warrants obtained without the expected prosecutorial review. Attributed reporting, not an independently verified finding in this review. The underlying warrants, transcripts, and resulting rulings are needed to assess particular incidents. Earlier article. Nagle role: R p. 2; X p. 16.
Other identified responders and scene personnelPublic-record search coverageFor Todd Petersen, Tyler Spoelma, Sarah Brown, Jordan Cadahia, Austhof, Tatrow, Duesterberg, Scott Johanson/Johansen, Joshua Smyth, Philip Holscher, Lt. Mike Brown, Capt. Matice, Grace Bommarito, Rebecca Crum, and Russ Karsten, the records reviewed here do not establish an attributable misconduct finding. This is not a finding of a clean disciplinary record: personnel files, internal investigations, and complete litigation histories were not obtained. Scene roles: R pp. 9–11, 41–43; X pp. 2–16, 79–81.
The involved deputy, name redactedIdentity limits individual history reviewThe supplied release does not identify him by name. It is therefore not possible to reliably match his individual complaint, discipline, or litigation history from these documents. Do not substitute the history of another officer or agency. R pp. 1–4; deputy letter.

This is a targeted public-record review, not a complete disciplinary-history database or an exhaustive scene roster. “Not verified” means the reviewed sources do not establish the proposition. Bryan Fuller’s McCann verdict remains relevant background to Criger’s history, but no supplied scene record establishes Fuller’s presence at Joey’s shooting, so he is not listed as an on-scene officer.

Prior local arrests and force complaints deserve an audit

Leighton Township’s policing history supplies a concrete lead: the Katherine Lindsey Henry prosecution. The 57th District Court register identifies case 20-3569-SM, citation SD166684, and officer LANGLOIS/MATTHEW, with an alleged offense date of November 3, 2020. This is a court-record connection to a specific prior citation, not speculation from a shared surname. [27, PDF p. 24; printed p. 197]

On July 7, 2022—21 days after Joey’s June 16 shooting—the court granted Henry’s motion to dismiss with prejudice. The checked provisions directed destruction of the arrest record and biometric data and removal of the LEIN entry concerning the dismissed charges; a companion order directed immediate destruction and certification to Henry. The underlying prosecution predated Joey’s death; its dismissal followed three weeks later. These orders do not themselves find that Langlois committed misconduct. They do establish an identifiable prior case worth auditing from the initial encounter through the dismissal, including the arrest basis, reports, recordings, prosecutor’s decisions, and reasons for dismissal. They do not identify Joey’s shooter. [28, pp. 1–2]

The shared Leighton/Dorr contract assignment matters. Clutch Justice reports that both cases involved Leighton/Dorr Township contracted deputies. In Joey’s case, the deputy identifies that assignment in his own statement. In Henry’s case, the court register identifies Matthew Langlois, whom Clutch Justice identifies as a Leighton/Dorr contracted deputy. The retained contract roster remains needed to independently substantiate that assignment, as noted above. This connection makes the contract’s staffing, supervision, complaint history, and review of officer conduct specific subjects for investigation. The shared assignment and 21-day interval do not, by themselves, establish that the same deputy was involved or that Henry’s dismissal was connected to Joey’s shooting. [3, p. 1] [27]

There is also a separate Allegan County traffic-stop force case arising from a 2019 encounter, according to Clutch Justice’s reporting. Clutch Justice viewed video and describes Deputy Murphy pulling the driver from the vehicle and beating them. That is Clutch Justice’s firsthand assessment of the footage, not a finding attributed to a court. Clutch Justice reports that Judge Kengis handled the case before it was dismissed on May 16, 2022—one month before Joey’s shooting, and is withholding identifying case details to protect the individual’s privacy. The reported dismissal therefore preceded Joey’s death; the case was not still pending when he was shot. The video account deserves scrutiny even though the case was dismissed. Without the dismissal order, this article does not assign a reason for that outcome or treat it as a ruling that the force was justified. [29]

Institutional self-protection is a question worth investigating

In my assessment, investigators were looking for an out: material from Joey’s life that could shift attention away from the deputy’s decisions and toward the man he killed. That is why Criger’s pursuit and use of Joey’s phone contents matters. The record documents the extraction and Criger’s discussion of selected material about fighting and drug use, while the deputy’s wrong database query and missing verification transactions remain unanswered. The Henry prosecution and Clutch Justice’s viewing of the separate Murphy footage sharpen my concern about how local police conduct was scrutinized. This is my interpretation of the investigative choices, not a motive established by the released documents. The communications, instructions, and selection criteria behind the phone review deserve examination. [1, pp. 44, 48] [2, pp. 37–39]

If investigators were willing to examine Joey’s life down to his phone contents, prior behavior, workplace allegations, and drug history, the deputy’s own verifiable errors and procedural decisions should not receive less scrutiny. The public deserves the same persistence when the subject is the officer who survived.

The tribal-police theory also requires evidence this release does not provide. The reports identify the involved shooter as an Allegan County sheriff’s deputy. The named Gun Lake Tribal Police responders describe arriving after the shot. Their presence does not establish that the shooter worked for the tribal department or that two departments would be liable.

Even proven dual employment would not automatically establish claims against two agencies. Individual and governmental liability are separate questions; tribal sovereign immunity adds another distinction. In Lewis v. Clarke, the Supreme Court distinguished a claim against a tribal employee personally from one against the tribe itself. Employment status alone does not answer who can be sued or on what basis. [14]

WOOD reported Samuel Sterling’s family demanding video and the officer’s name after his death involving an MSP cruiser in April 2024. WOOD report

That story needs its subsequent history. MSP announced the video’s release and referral to the Attorney General on May 10, 2024. The Attorney General charged Brian Keely later that month. A federal judge dismissed the charges on Supremacy Clause immunity grounds on May 28, 2025, finding the necessary-and-proper standard satisfied; the state appealed. Those developments show an accountability dispute involving investigation, prosecution, and immunity, not a case in which no review or prosecution occurred. [15] [16] [17] [18]

McCann and Sterling provide reasons to demand transparent, independently testable findings. Neither substitutes for evidence of what happened to Joey or proves a shared motive among the people involved.

The account still needs to be tested

Strip away the theories, and the record still has to answer for itself.

The physical evidence does not, by itself, validate the deputy’s account of the fatal encounter. MSP sought clarification about the movement of the struggle. The hood inspection found no corroborating damage. The released records do not reconcile the wound path with the claimed body positions or establish the knife’s ownership. Those are material gaps in the explanation of Joseph Nagle’s death.

Koch’s memorandum addresses the stop, force, injuries, Taser, and ACSO use-of-force policy; it does not address the wrong-plate query or the missing verification transactions. [24] The released investigative record documents the deputy querying EJV6675 at 22:03:10 and speaking Joey’s actual plate, EJV6635, over the radio fifty-seven seconds later. It documents no LEIN query of EJV6635 and no driver-license LEIN query. Those findings remain unanswered by a no-charge decision. [1, pp. 37–38]

The family should not have to supply a competing theory before those matters receive answers. A reliable reconstruction needs the substantive July 7 clarification, the scene-access and recovery chronology, the forensic work bearing on disputed items, and a clear accounting of Joey’s property. The deputy’s wrong query is a fact. The missing verification transactions are not documented. No deputy drug or alcohol toxicology result is disclosed in the reviewed material, despite the hospital’s legal-draw entry. Those findings deserve the same clarity and scrutiny applied to allegations about Joey.

Source notes

  1. 50-260-22R.pdf, 51 pages. MSP original and supplemental reports, incident 050-0000260-22. Key pages: 2–8 (deputy evidence, searches, hood, shirt and Taser); 22–26 (autopsy evidence); 9–11 (Holscher and recorded aftermath); 18 (witness recontact); 36 (Siver); 37–38 (radio and LEIN summaries); 41–43 (responders); 44–45 (clarification, Taser download, phone); 46–49 (property, medical records, extraction, prosecutor submission).
  2. 50-260-22X.pdf, 93 pages. Key pages: 2 (Duesterberg); 4–5 (Austhof/Tatrow); 6–13 (MSP response and survey); 16 (handwritten scene log); 37–39 (CCU extraction); 40–62 (redacted medical material); 63–75 (Taser history); 79–81 (GR22-3102 scene report, record 1); 83–84 (firearms report, record 2); 88 (vehicle release authorization).
  3. June 21, 2022 deputy letter, four-page, less-redacted copy supplied as d80cdb7e-dfcb-426c-9cd5-b2ba149eb49f 2.pdf. The counterpart at X pp. 90–93 is more heavily redacted. Date on the letter is not independently verified receipt time.
  4. W22-0791_Nagle__Joseph.pdf, eight-page postmortem report signed Jared Brooks, July 25, 2022. Pages 3–4 specify the wound and anatomical direction; p. 7 lists recovered evidence and prints. “Homicide” is the medical manner-of-death classification, not a determination of criminal guilt.
  5. 220617-122_Nagle__Joseph_M.pdf, NMS workorder 22216784, issued July 12, 2022, three pages. Interpret findings with specimen type, method, and reporting limits.
  6. Associated Press / ClickOnDetroit, September 21, 2022: charging decision.
  7. Photos1.zip, Photos2.zip, Photos3.zip, 50 + 50 + 45 images. References: knife 21310995_IMG_0201.jpg and 21310998_IMG_0202.jpg (Photos1); SUV passenger glass 21400694_IMG_7915.JPG.jpg (Photos2); Impala open front windows 21400826_IMG_7959.JPG.jpg and 21400859_IMG_7970.JPG.jpg; keys 21400865_IMG_7972.JPG.jpg; glasses/ID IMG_7973–7977; casing IMG_7985–7987; work light/survey target 21401003_20220617021820.jpg (Photos3). Selected details examined at enlarged resolution; supplied redactions remain intact.
  8. Determining the accuracy and errors of estimating a shooter’s position based on cartridge case ejection patterns, Forensic Science International, 328 (2021), 111045.
  9. Kerkhoff et al., Magazine Influence on Cartridge Case Ejection Patterns with Glock Pistols, Journal of Forensic Sciences, 63(1), 239–243 (2018).
  10. NHTSA SFST Refresher Instructor Manual, revised February 2018, Session 3, p. 20. Supports eyeglass procedure, not the calculator’s assumed durations.
  11. McCann v. Fuller et al., W.D. Michigan, 1:19-cv-01032, docket listing.
  12. Prison Legal News, $11 Million Settlement for Exonerated Michigan Prisoner, August 15, 2024.
  13. People v. Przewoznik, Michigan Court of Appeals, No. 258010, unpublished opinion, January 12, 2006.
  14. Lewis v. Clarke, U.S. Supreme Court, April 25, 2017. Individual-capacity claims and tribal sovereign immunity.
  15. MSP statement on the Sterling investigation and video release, May 10, 2024.
  16. Michigan Attorney General charging announcement, May 28, 2024.
  17. Michigan v. Keely, No. 1:24-cr-115, ECF 109, W.D. Michigan, May 28, 2025. Dismissal opinion.
  18. Michigan v. Brian Keely, Sixth Circuit No. 25-1573, appeal docket. This article describes the documented appeal filing, not a verified final appellate disposition.
  19. Karie Herringa, “’I just kept letting him hit me’: MSP release report on shooting death of Joseph Nagle,” FOX17, September 16, 2022.
  20. Rita Williams, “Shot in the Dark: The Death of Joseph Nagle and the Missing Record of Justice,” Clutch Justice, September 3, 2025. Earlier reporting.
  21. Wayback Machine snapshot, Allegan County contracted-patrols page, captured June 10, 2022.
  22. MCOLES Basic Training Module V-B-4, Stopping Vehicles and Occupant Control. Objectives V.B.4.1 and V.B.4.3; history lists reviews in September 2021 and November 2023.
  23. MCOLES Basic Training Module V-B-1, Vehicle and Driver Licensing. Objectives V.B.1.1 and V.B.1.3; history lists reviews in September 2021 and November 2023. The review history does not establish unchanged wording since 2021.
  24. Myrene K. Koch, memorandum to Det/Lt. Shane Criger, September 16, 2022, eight-page document reproduced by WZZM News on Scribd. The memorandum’s text, rather than the hosting page’s AI-generated description, supplies the cited findings. It is a prosecutor’s assessment; the complete ACSO policy it references is not reproduced here.
  25. South Dakota v. Opperman, 428 U.S. 364 (1976). Supreme Court opinion on an administrative inventory of an impounded vehicle.
  26. Colorado v. Bertine, 479 U.S. 367 (1987). Supreme Court opinion addressing standardized inventory procedures and impoundment criteria.
  27. Henry appellate appendix, reproduced court register, PDF p. 24, printed p. 197. The 57th District Court register connects Katherine Lindsey Henry, case 20-3569-SM, SD166684, and LANGLOIS/MATTHEW. Court record reproduced on the litigant’s website; advocacy elsewhere in the appendix is not adopted as a judicial finding.
  28. Henry dismissal and biometric-data/arrest-record orders, July 7, 2022, two pages, certified copies linked from Henry’s July 12, 2022 Restore Freedom post. Checked boxes and dates visually reviewed. Destruction and LEIN removal were ordered; these copies do not establish agency compliance.
  29. Clutch Justice’s firsthand video account and author-supplied account of a separate Deputy Murphy traffic-stop force case, arising from a 2019 encounter, including Judge Kengis’s involvement and dismissal on May 16, 2022. These dates come from the author’s reporting. Identifying case details are withheld for privacy. The underlying video and docket were not supplied for this edit; no judicial finding about the force or reason for dismissal is asserted.

How to Cite This Article

Bluebook (Legal)Rita Williams, Joseph Nagle: Why the Released Record Does Not Resolve the Deputy’s Account, Clutch Justice (Sept. 17, 2026), https://clutchjustice.com/2026/09/17/joseph-nagle-shooting-record-review/.
APA 7Williams, R. (2026, September 17). Joseph Nagle: Why the released record does not resolve the deputy’s account. Clutch Justice. https://clutchjustice.com/2026/09/17/joseph-nagle-shooting-record-review/
MLA 9Williams, Rita. “Joseph Nagle: Why the Released Record Does Not Resolve the Deputy’s Account.” Clutch Justice, 17 Sept. 2026, clutchjustice.com/2026/09/17/joseph-nagle-shooting-record-review/.
ChicagoWilliams, Rita. “Joseph Nagle: Why the Released Record Does Not Resolve the Deputy’s Account.” Clutch Justice, September 17, 2026. https://clutchjustice.com/2026/09/17/joseph-nagle-shooting-record-review/.

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