Chesterfield police issue ‘final statement’ in case of man shot by officer in 2023, family may add department to ongoing lawsuit

A screenshot from the body camera footage of the Chesterfield police officer who fatally shot Charles Byers on July 8, 2023. (Image from the body camera footage provided by the federal court system.)

CHESTERFIELD COUNTY, Va. (WRIC) — The Chesterfield County Police Department has released what it called its “final statement” in the July 2023 shooting of 34-year-old Charles Byers, who was killed by a police officer while he was experiencing a mental health crisis.

Charles Byers Family he had previously filed a lawsuit against the City of Richmond and HCA Hospital in Chippenham, claiming their alleged negligence led to Byers’ confrontation with police.

IN July 2nd statement In a statement posted on Facebook, the department said it believes it and one of its officers could be added to the lawsuit.

“We understand from media reports that the Byers family is now seeking to have the county and its officer added to the ongoing legal proceedings,” the statement read. “As such, this will be the last statement from the Police Department on this matter.”

Previously suppressed body camera footage Byers’ interactions with police in the 900 block of Marblethorpe Road on July 8, 2023, was recently obtained by 8News via court documents. That day, neighbors reported that Byers had attempted to break into their homes.

When police arrived, they found him with an axe in his hand. As he walked away from two responding officers, Byers failed to comply with more than a dozen commands to drop the axe. Byers was then shot seven times by an officer at the scene, five of which struck and killed him.

Before meeting the two officers, Byers allegedly walked 14 miles alone, barefoot, from the Richmond City Justice Center to Chesterfield. In all, he spent 36 hours wandering around looking for his home.

Byers was being held at the justice center because, his family claims in a lawsuit, he was wrongly detained at HCA Hospital in Chippenham, where he was being treated for an ongoing mental health crisis, on a pretrial detention order.

Court documents say Byers suffered from schizoaffective personality disorder, which caused delusions, hallucinations and paranoia.

In its July 2 statement, the Chesterfield County Police Department essentially reiterated the position it had taken in early April, when published the results of the investigation until Byers’ death. The full statement reads as follows:

“The Chesterfield County Police Department supports the actions taken by its officers on July 8, 2023, when they responded to a 911 call regarding a break and enter in a residential neighborhood in Chesterfield County. Our officers have a duty to protect the community and the right to protect themselves, and our officers did both.

In response to a 911 call, our officers were dispatched to the scene where they immediately encountered a relentless, threatening, and unknown suspect armed with an axe in a Chesterfield County neighborhood on a mid-summer Saturday afternoon. Despite over fifteen (15) verbal commands to put down the axe and to use his Taser, the suspect refused to put down the axe that was clutched in his right hand. Officers gave additional commands to put down the axe and gave the suspect time to comply. However, instead of following the officers’ commands to put down the axe, the suspect responded by challenging the officers to “come and get it.”

Our officers, based on their extensive training and the totality of the circumstances presented to them at the time, took the necessary and appropriate actions. Again, we support the actions of our officers.

Our department learned after the fact that the suspect with the axe was Mr. Byers. We, along with the responding officers, learned only hours after the shooting that the suspect, Mr. Byers, had been released from hospital custody and then from the custody of another law enforcement agency while an outstanding pretrial detention order was in effect. The order was issued because there was a substantial likelihood that Mr. Byers would cause or suffer serious harm as a result of his mental illness.

Mr. Byers’ death is an outcome no one wanted, including our Police Department and our officers. The impact of Mr. Byers’ death continues to be felt by our community, our officers, and most importantly, the Byers family. Our hearts go out to them. We continue to be grateful to the residents who called 911 that day and to the resident who jumped in without hesitation to help our officers provide care to Mr. Byers. Events like this bring even more attention to the weaknesses in our mental health system and reinforce the need for better communication related to those with mental health issues and the services they need. The Chesterfield County Police Department remains committed to being a partner in advocating for meaningful and effective change that will better serve our community.

“We understand from media reports that the Byers family is now seeking to have the county and its officer added to the ongoing legal proceedings. As such, this will be the last statement from the Police Department on this matter.”

Acting Chief Frank Carpenter and Deputy Chief Dave Shand of the Chesterfield County Police Department