Death of Malice Green

Malice Green (April 29, 1957 – November 5, 1992) was an American resident of Detroit, Michigan who died after being assaulted by Detroit police officers Walter Budzyn and Larry Nevers on November 5, 1992.

The official cause of death was ruled to be due to blunt force trauma to his head.

Budzyn and Nevers were patrolling in Detroit in plain clothes in an unmarked vehicle.

Green had pulled up to a house known for drug activity.

Budzyn asked Green for his driver's license and Green then walked around to the passenger side of the car and sat in the passenger seat with his legs out the doorway.

Green looked through the glove compartment, then grabbed something from the car's floor.

Budzyn asked Green to let go of the object.

Green allegedly failed to relinquish a vial of crack cocaine.

After refusing to let go, Nevers struck Green in the head with his flashlight approximately 7 to 14 times during the struggle, which, according to the official autopsy, resulted in his death.

After the struggle, Green was transported to a local hospital for treatment of the head injuries sustained in the struggle and died.

The seven officers present at the scene were suspended soon after Green's death, and the city of Detroit paid a civil settlement to Green's family.

Larry Nevers was a former member of the Stop the Robberies, Enjoy Safe Streets (STRESS) unit in Detroit, which was disbanded in 1974 after 20 Black men were shot by its police over a 3-year period.

He was months away from retirement at the time of Green's death.

Prior to jury selection, Detroit Mayor Coleman A. Young stated that Green was "literally murdered by police" on national television.

Officers Nevers, Budzyn, Robert Lessnau, and Freddie Douglas were charged in the death.

Ultimately, charges against Douglas were dropped, and Lessnau was acquitted of assault.

The report was done by Dr. Kahlil Jiraki, the most junior coroner in the department.

It was alleged by the defense that his report was rushed due to workload and his impending vacation.

The autopsy showed cuts to the scalp, as well as subarachnoid hemorrhage and brain contusions.

However, there were no skull fractures, no other bone fractures.

Green's heart was enlarged and the arteries hardened.

Toxicology results ultimately showed that Green had a cocaine level of 0.50 micrograms.

Jiraki concluded that the death was caused by blunt force trauma, which caused swelling of the brain.

Jiraki testified in Budzyn and Nevers' trial that the damage was done by "fourteen blunt force trauma blows to the head."

He stated that his boss, Dr. Bader Cassin, agreed that Green's drug consumption was as "insignificant as the color of his eyes" in relation to the cause of death.

However, under cross-examination, Jiraki testified that there was no swelling noted in the report, nor any fractures to the skull.

In the trial of Sgt. Douglas, Jiraki reduced the number of blows to seven (which fit with Nevers’ testimony).

At Nevers' second trial, Cassin testified that he examined the body the day after Jiraki made his examination (this second exam was never disclosed to the defense prior to, or during, the first trial) and that drugs played a major part in Green's death.

After the second trial, Jiraki sued the coroner's office, claiming that he was pressured by his superiors to change his findings to state that cocaine contributed to Green's death (which he refused to do) which would have supported the police officer's defense.

The incident occurred only months after the Los Angeles riots of 1992, which protested the acquittal of police officers in the videotaped beating of Rodney King (Green was also a Black man).

Unlike in Los Angeles, Detroit Police Department's Chief Stanley Knox suspended the seven officers present at the scene of the crime within 24 hours of Malice Green's death.

Charges for four of the officers soon followed.

In December 1992, the city of Detroit paid a civil agreement of $5.25 million to Malice Green's family.

Sergeant Freddie Douglas, the only Black officer on the scene of Green's murder, was charged with involuntary manslaughter for failing to intervene.

Officer Robert Lessnau was charged with assault.

Officers Larry Nevers and Walter Budzyn, partners, were charged with 2nd degree murder for Green's death.

Known by many in the neighborhood as Starsky and Hutch, they were both highly decorated, with a documented history of excessive force complaints.

Budzyn and Nevers were convicted of second-degree murder in 1993, while charges against another officer were dropped and a fourth was found not guilty.

Following a retrial, Budzyn was again convicted in 1998.

Nevers' conviction was overturned, but he was convicted of involuntary manslaughter in 2000.