Officer Used 'Reasonable Force' When Shooting Man On LSD: State's Attorney

LAKE COUNTY, IL - The Lake County State's Attorney has determined a 13-year veteran of the Round Lake Police Department used "reasonable force" when she shot and killed a 22-year-old man who took acid earlier in the evening and was apparently attempting to break into condominiums last September. Michael Musson Jr., who lived near where the shooting occurred, violently attacked Round Lake Police Officer Valerie Liss after she responded to several 911 calls made by residents living on MacGillis Drive on the night of Sept. 2, 2016, according to a report released Friday by Lake County State's Attorney Michael G. Nerheim. At one point during the attack, Musson, who was 6 feet tall and weighed 190 pounds, charged the officer, who is 5-feet 5-inches tall and weights 155 pounds, and slammed his body into hers, which then knocked her to the sidewalk.

The Lake County Major Crimes Task Force headed the investigation into the officer-involved shooting and on Friday, Nerheim released his findings, which concluded that Liss only fired her gun and shot Musson after she determined her life, and the life of a witness who came to her aid, were in danger.

The incident began at about 11:30 p.m. on Sept. 2, 2016, when a couple living on McGillis Drive told police they first called 911 after they heard items being thrown around outside their condo. They looked outside to find a large man, who was later identified as Musson, walking from one neighbor's porch to the next. They saw him grab a bucket and throw contents around a porch and used the bucket to destroy some glass and a porch light, which sprayed electrical sparks across the porch, according to Nerheim's report.

He growled as he walked around. Liss approach Musson and "in one quick motion he pounced on her and they both fell back towards my next door neighbor’s house," witness Michael Franklin told police. Witnesses said they also heard Liss yell "get off me" at least twice.

Gary Vanenglenhoven, who also lives on MacGillis Drive, ran over to help the officer and found Musson on top of her with the officer's hands pinned down. He screamed for Musson to "get off her now." Musson looked at him and during that instance, Liss was about to get out from under Musson.

Liss provides the following account of the attack, which began when she saw a man, later identified as Musson, running and slamming his body into the front entry door of a person's home on MacGillis Drive:

Officer Liss saw Mr. Musson slam into the door at least two more times. Officer Liss observed Mr. Musson pick up items and hurl them at that front door. Mr. Musson was “muttering” unintelligibly. Officer Liss observed the surrounding homes. She saw broken glass on some of the porches and on some pathway areas.
Officer Liss asked Mr. Musson if he lived at that residence. He angrily stated “yeah.” It would later be confirmed that he did not live there. Officer Liss asked Mr. Musson to come over and talk to her. When Mr. Musson approached her, she saw he had numerous cuts on him and had blood on his clothes. He was barefoot and his eyes appeared “glazed”.
Officer Liss asked Mr. Musson if he knew where he was. He responded “No, I’m lost.” He then walked over and sat on some steps by Unit 79. Officer Liss radioed to dispatch that she would like two more units to the scene.
Officer Liss saw Mr. Musson pick up a large branch and walk around the porch of Unit 79. He then bent over and picked up a large piece of broken glass that was the size of Officer Liss’ hand. Mr. Musson then held it out and looked at Officer Liss. Officer Liss told him to put it down. He refused to do so. He started to come towards her.
Mr. Musson then smiled at Officer Liss and then charged her. He slammed his body into her body and knocked her to the sidewalk. Officer Liss landed face-down on the pavement. She momentarily lost her vision and blacked out. Mr. Musson then climbed onto her back. He had both of Officer Liss’ arms pinned under her body. She was unable to reach for her radio, taser, or firearm. No back-up police units had arrived to aid Officer Liss.
Officer Liss screamed for Mr. Musson to get off of her. He continued to smother her with his weight. She again told Mr. Musson to get off of her. He yelled “Fuck you. I’m going to kill you!” Mr. Musson put his right arm under her chin and pulled her head back. Mr. Musson then started making a “slicing” motion with his other hand/arm across her throat. Officer Liss was worried that Mr. Musson was trying to slit her throat with the piece of broken glass. Mr. Musson then repositioned himself to place more of his weight over her. Mr. Musson then started to repeatedly sing “I’m going to kill you.”
Mr. Musson then began to “mash” his fingers into Officer Liss’ eye sockets. She shook her head frantically back and forth to avoid her eyes getting gouged out. At this point, no other assisting police units had arrived. Based on Musson’s actions, Officer Liss believed that Mr. Musson was going to mortally wound her with the broken glass or gouge her eyes. She felt that she was going to die.
Officer Liss could not overcome the strength of Mr. Musson. Suddenly, an unknown male voice (later determined to be Gary Vanenglenhoven who lived nearby on MacGillis Drive) said “What are you doing? Get off of her!” Officer Liss then stated that she “used everything she had left” to escape from Mr. Musson. She got out from under Mr. Musson and got to her feet.
Officer Liss drew her weapon and “covered down” on Mr. Musson. The unknown male who had distracted Mr. Musson was also present and within striking distance of Mr. Musson.
Officer Liss yelled to Mr. Musson “Don’t move! Stay down!” Mr. Musson ignored her commands and started to aggressively rush Officer Liss. Fearing that Mr. Musson was going to kill her, she discharged her gun three times. Mr. Musson was within four feet of Officer Liss when the shots were fired. He grabbed his stomach. Officer Liss ordered Mr. Musson “Don’t move! Don’t move!”
Mr. Musson, while still standing, looked at Officer Liss in the eyes and started to come at Officer Liss again. She fired two more shots when Mr. Musson was approximately three feet from her. Mr. Musson fell to the ground. Officer Liss continued to “cover” Mr. Musson as she continued to wait for other police units to arrive.
Officer Liss noticed that her radio microphone was now hanging by the cord and the radio had been turned off during the struggle. She turned on the unit, announced that shots were fired and requested an ambulance.

More Round Lake Police Department officers arrived on scene and attempted life-saving measures on Musson but were not able to revive him. He was pronounced dead at the scene.

Liss was taken to an area hospital and treated for numerous injuries including: a right shoulder labral tear; right elbow injury; injuries to both wrists; injuries to both hands; pain at the base of her skull; contusions to her forehead, left and right cheeks, right shoulder and right elbow; and scrapes and scratches to her eye orbits and knees. Officer Liss received a concussion and her right shoulder will require surgery, according to Nerheim's report.

An autopsy revealed Musson died from multiple gunshot wounds to the upper torso and right leg. There was also a graze wound to the left hip, according to the state's attorney's report. The results also found barbituates, cannabinoids, salicylates, acetone, ethanol, isopropanol, and methanol in his system.

Police interviewed a friend of Musson's who visited Musson earlier in the evening on Sept. 2 and witnessed him ingest six acid "hits."

Nerheim's findings, which were based on the Lake County Major Crimes Task Force investigation, included interviewing all witnesses, photographing the scene, recovering all physical evidence, recovering 911 audio evidence and reviewing the entire autopsy report and findings. Nerheim said there were no body cameras being worn by the officers and no in-car video capturing this incident. There were also no security cameras in the area.

Here is a look at Nerheim's full conclusion based on that investigation:

Based upon the facts gathered in this investigation and a review of applicable Illinois Statutes, Officer Liss utilized reasonable force to subdue Mr. Musson.
Numerous witnesses described Mr. Musson’s violent, destructive, and aggressive actions on the late evening hours of September 2, 2016. These actions are what prompted a multitude of “911” calls to CENCOM.
Officer Liss arrived on scene by herself. She arrived in a marked Round Lake Police Department squad car. She was dressed in full uniform with clear markings/insignia that she was a law enforcement officer.
When Officer Liss first saw Mr. Musson, she observed him slamming his body into the front door of a complainant’s house, hurling items at the home, and could see the remnants of strewn broken glass in the area.
Officers Liss acted professionally when she spoke to Mr. Musson. She tried to determine who he was, why he was in the area, and whether he lived at that residence. When Officer Liss saw that Mr. Musson was cut and had blood on his clothes, Officer Liss called for back-up units out of concern for Mr. Musson’s well-being.
As Officer Liss was speaking to Mr. Musson and evaluating the circumstances, he grabbed a large piece of broken glass and attacked the officer. The attack was violent and unprovoked.
Officer Liss’s account of the attack mirrors the versions provided by the eyewitnesses. Her body was slammed to the ground. Her arms and hands were pinned under her body. She had no access to any defensive weapon. No other officers were present to provide aid.
Mr. Musson snapped her head back to expose her throat. He made “slicing” motions against her throat leading her to believe that he was slitting her throat with the broken glass. Mr. Musson then began to gouge his fingers into her eye sockets. Mr. Musson repeatedly told Officer Liss “I’m going to kill you.” Based on these facts, she believed that she was going to be killed.
Witness Gary Vanenglenhoven’s intercession caused a verbal distraction that allowed Officer Liss to free herself from Mr. Musson. When Officer Liss ordered Mr. Musson to not move, he ignored her command and rushed her again. It was only then that she fired her weapon. She then, again, ordered Mr. Musson “Don’t move.” He began to attack her again. This prompted the additional shots.
Based upon this entire case file, Officer Liss only fired her weapon when she felt that her life, and potentially the life of Gary Vanenglenhoven, was in danger.
In accordance with the new policy of my office with respect to officer involved shootings involving death, I am making the case file open and available to the public. Transparency is essential to promoting public trust. Please note that due to ethical, legal and privacy issues, not all of the case file can be made public and some of the reports that have been made public have been redacted. This file will be available on the State’s Attorney website to anyone who wishes to view.
I would like to express my condolences to the family of Michael Musson, Jr. I would also like to acknowledge the Lake County Major Crimes Task Force for its expertise, dedication, and thoroughness. I would like to acknowledge the professionalism exhibited by Officer Liss during these trying circumstances. And lastly, my thanks to the citizens of Round Lake for their patience and cooperation in this matter.

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