Officer's Fatal Shooting Of Robert White Was Justified: Police

SILVER SPRING, MD — The Montgomery County Police Department has concluded that the June 2018 fatal shooting of a Silver Spring man was "lawful and justified."

Police on Wednesday published a five-page memo summarizing the results of the police-involved shooting investigation. The release comes nearly a year after Robert Lawrence White, 41, was fatally shot by Officer Anand Badgujar in the parking lot of a Silver Spring townhouse community. The incident was captured on Badgujar's body camera.

In the memo, Police Chief J. Thomas Manger said White escalated the situation by assaulting Badgujar and "putting him in grave danger."

"Officer Badgujar, according to information given to the (Howard County State's Attorney's Office) believed that Mr. White was attempting to grab his firearm when he was knocked down," Manger said in the memo. "When Mr. White continued assaulting the officer, Officer Badgujar believed his life was in danger. Based on the actions of Mr. White in the video, there is ample evidence that Officer Badgujar was in danger of serious bodily harm which would lawfully justify his use of deadly force.

Councilmember Will Jawando — who introduced a bill aimed at making police-involved shooting investigations more transparent — railed against the police department, saying he is "deeply disturbed by the report." According to Jawando, the findings underscores the need to hold police accountable and to increase transparency during reviews.

"Robert White's family is in my prayers on this difficult day and while they continue to ask for answers," Jawando said.

On June 11, 2018, Badgujar spotted White walking near Three Oaks Drive and Sligo Creek Parkway and attempted to stop him. Badgujar can be heard saying over the radio that White had his hand in his pockets and that "this might be a suicide-by-cop type thing."

Police say White grew combative when Badgujar tried to speak with him. Within minutes, White could be seen on video assaulting the officer. According to authorities, Badgujar first tried defending himself with pepper spray.

Badgujar can be heard firing his weapon when White knocked him to the ground. An officer who had arrived to assist Badgujar communicated over police radio that shots had been fired and emergency personnel were needed. White later died at a local hospital.

Detectives later searched White and found a folding knife in his right front pocket.

Following the incident, Badgujar was placed on administrative leave. The department conducted an investigation and submitted the findings to Howard County prosecutors.

An agreement between the Montgomery County State's Attorney's Office and the Howard County State's Attorney's Office says that when an officer-involved death occurs in one county, the other county's State's Attorney's Office will review the event.

Before this memo was released, officials concluded that Badgujar, who was not prosecuted in the case, could return to the force. The incident, as well as the investigation, sparked a public outcry.

Seven months after the police-involved shooting, Jawando introduced a bill that would require an independent and transparent investigation into a police officer-involved death.

"Directing an independent review of police actions, when an officer is involved in the death of a resident, will protect both the integrity of the inquiry and the civil rights of our residents, especially those of color," Jawando said. "An independent criminal investigation guards against bias, and the perception of bias. This bill serves all involved — our officers, the prosecutors and our residents."

Currently, when a Montgomery County police officer is involved in the death of an individual, the department will conduct the initial criminal investigation. Under the Law Enforcement Trust and Transparency (LETT) Act, the investigation must be conducted by at least two independent investigators. The investigators must also be employed by a federal, state, or another local law enforcement agency. The independent agents will then submit a report to the State's Attorney.

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