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WCPO Prevails in MCOA in People v. Daniel DeBono
On May 30, 2020, three journalists were on foot covering the protests in downtown Detroit. Around 10:00 p.m. on the same evening DPD declared the protest an unlawful assembly and the police were ordered to disperse the protesters. Officer Debono was one of the officers executing the order to disperse. The journalists had credentials, identified themselves as members of the press, and raised their hands when confronted by Officer DeBono. It is alleged that within seconds he fired rubber bullets at the journalists. Officer DeBono was charged with three counts of Felonious Assault.
At the preliminary examination, the 36 District Court judge held that MCL 750.527 provided Officer Debono immunity from prosecution and dismissed the case. WCPO appealed the ruling to the Wayne County Third Circuit Court and the lower court decision was reversed. The court held that the statute provided an affirmative defense at trial, not at the preliminary examination. The defense appealed the ruling and on March 16, 2023, Michigan Court of Appeals in a published opinion affirmed the Third Circuit Court ruling and remanded the case back to the district court. The court found that the statute provides a legal defense at trial instead of immunity.
The published opinion and WCPO's brief on appeal are attached.
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