In a notable victory for law enforcement, a Kalamazoo County jury acquitted Michigan State Police Sergeant Kellie Gillam-Shaffer of reckless firearm use charges stemming from an accidental discharge while she shopped off-duty at a Costco. The case highlights the challenges of proving criminal negligence in firearm mishaps, especially when officers follow departmental policies on off-duty carry. While this occurred in Michigan, it offers valuable insights for California peace officers on liability risks, training, and the importance of robust departmental protocols to defend against similar allegations.
Facts
In February 2025, Michigan State Police Sergeant Kellie Gillam-Shaffer was shopping off-duty at a Costco in Oshtemo Township, Kalamazoo County. As she checked out at the cash register, she placed her wallet back into her purse. At that moment, her department-issued Sig P365 firearm, which she carried in an Uncle Mike's foam holster inside the purse, discharged a round. The bullet passed through the holster, the purse, and the officer's hand. It then grazed another customer's ankle. Additionally, a third customer fainted due to distress from the loud noise and witnessing the injury.
Following an internal investigation and public outcry, the Kalamazoo County Prosecutor's Office charged Sergeant Gillam-Shaffer with Reckless Use of a Firearm Causing Injury, a misdemeanor under Michigan Compiled Laws (MCL) 752.861.
In July 2025, a Kalamazoo County jury acquitted Sergeant Gillam-Shaffer. The jury concluded that the prosecution had failed to prove the elements of the offense beyond a reasonable doubt.
Holding
The Constitution and relevant statutes require careful scrutiny in cases involving accidental firearm discharges by law enforcement officers. Michigan Compiled Laws 752.861 states: "Any person who, by carelessness, recklessness, or negligence, but not willfully or wantonly, shall cause or allow any firearm under his immediate control to be discharged so as to injure or endanger any other person shall be guilty of a misdemeanor."
This statute criminalizes non-willful but negligent discharges that result in injury or endangerment. The key terms—carelessness, recklessness, or negligence—must be interpreted based on their ordinary meanings: carelessness as a lack of attention to safety, negligence as failure to exercise reasonable care, and recklessness as a conscious disregard of a known risk.
Michigan courts apply the plain meaning rule to statutory language. For conviction, the prosecution must show that the defendant's conduct deviated from what a reasonable person would do in handling a loaded firearm. The mens rea requires proof of fault beyond a mere accident, amounting to culpable negligence, as held in People v. Orr, 242 Mich. App. 694 (2000).
Law enforcement officers do not receive separate criminal immunity for off-duty carry in Michigan, but courts may consider professional training, expectations, and departmental policies in assessing reasonableness.
In this case, the prosecution argued that Sergeant Gillam-Shaffer was reckless because she entered a crowded store with a firearm lacking an external safety, carried a round in the chamber and a full magazine, and used a foam holster in her purse.
The defense countered that the Sig P365 and Uncle Mike's holster were department-issued. Michigan State Police require officers to carry firearms off-duty in approved holsters, loaded with a round chambered. The firearm features an internal safety preventing discharge without trigger pull. The defense portrayed the incident as a rare mechanical failure, not a foreseeable result of negligence.
The jury found that the prosecution failed to prove negligence under the circumstances. It entered a not guilty verdict, emphasizing that mere accident or mechanical issues do not suffice for liability. Although not precedential, this case is a reminder that prosecutors must prove a clear deviation from reasonable care. Accidental discharges tied to policy compliant carry may not meet this threshold.
