Zoom Screenshot Fieger Law Managing Partner James Harrington speaks at a press conference in Marquette Tuesday morning. Harrington's firm is representing the Estate of Benjamin Walby in a lawsuit filed in federal court Monday. Named in the suit are the cities of Houghton and Hancock, Houghton County and 11 law enforcement officers.

HOUGHTON — On Monday, a Detroit area law firm, representing the family of a Michigan Tech student who died while in police custody, filed a lawsuit naming Houghton County, the cities of Houghton and Hancock and 11 law enforcement officers for several local departments. The suit alleges that 22-year-old Benjamin Walby died as a result of repeated TASER triggers and lack of medical attention during his arrest on March 23, 2024 outside of his Hancock apartment.

In a press conference following the filing of the lawsuit in US District Court in Marquette, Attorney Gary Felty said, news reports at the time are different from the truth. “The press said he died from self-inflicted wounds. Our investigation is very disturbing and very different from that story.”

However a review of the case by the Houghton County Prosecutor appears to back up the self-inflected argument. The Daily Mining Gazette obtained a copy of the report from Prosecuting Attorney Daniel Helmer to Lt. Ryan Maki of the Michigan State Police District Headquarters in Grand Rapids. The three-page report details the events of the early morning hours of March 23.

The Walby family attorneys said at a Monday press conference that officers were initially responding to a noise complaint. But that doesn’t appear to be the case according to Helmer’s report. “The 911 caller reported a possible domestic assault at a neighborhood apartment,” the report says. The report indicates that when police went to the apartment, a male voice, unknown to officers at the time, repeated “shoot me,” multiple times to the officers.

Helmer writes in his report that a “highly combative male subject, later identified as Benjamin Walby, a 22-year-old MTU student, exited the apartment wearing only boxer shorts.” The report says Walby was covered in blood and screaming at officers. He went on to say that Walby attacked an officer, taking him to the ground and attempting to bite him. According to the report, “Multiple officers called for TASER deployment while a deputy assisted the officer who had been attacked.”

The report says officers gave multiple commands for Walby to comply by using multiple TASER deployments with both probe and drive stun. Police were eventually able to use handcuffs and “further restraints … to prevent additional kicking towards officers.” Those restraining efforts were referred to as “hog tying” by Felty.

The report goes on to state that an ambulance was requested for both the female victim and Walby, but because only one ambulance was available the decision was made to allow the female to be transported initially with Walby remaining in custody.

“While officers were initially unaware of the extent of Mr. Walby’s injuries, it soon became apparent that he also needed medical attention and a decision was made to transport him in a police vehicle to UP Health System — Portage,” Helmer writes in his report. There was no mention of life saving efforts at Portage as stated in the attorney’s press conference. Walby was eventually taken by ambulance to UP Health System Marquette where he died on April 4.

Helmer writes in his report that the purpose of his review was not to determine whether another course of action could have been taken. “It is not whether, with the full benefit of hindsight, Mr. Walby’s death could have been avoided”. Helmer said from the prosecutor’s perspective the question is simple — Was the death of Benjamin Walby the result of a criminal act. “The answer is no.”

As to reports that Walby’s death was the result of TASER deployment, Helmer states to Maki, “I am perplexed based on your investigation, specifically statements by the medical examiner, why TASER devices were even listed as a cause of death in the original autopsy. It is simply not supported by the evidence.”

Helmer writes that while the use of restraints by MSP troopers may have been against “new internal policy” such tactics were taught at the MSP Academy until recently. “There is nothing criminal about their use, as I told MSP internal affairs.”

Helmer concluded his report by stating “Accordingly, no charges will be authorized against any law enforcement personnel involved in this tragic incident. Prior to my release of this opinion, I met with the Walby family and informed them of my decision.”

No date has yet been set for the next step in the lawsuit in Federal Court.