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. 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. 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. However, both convictions were overturned. Following retrials, Budzyn was convicted of involuntary manslaughter in 1998 and Nevers was convicted of involuntary manslaughter in 2000.

Initial reaction

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 death, 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. 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.

Charges

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.

During the trial, movies were provided for the jurors' entertainment while they were sequestered, including the film Malcolm X. The film depicts scenes of police brutality being perpetrated by white police officers, including the recent beating of Rodney King. It also contains a voiceover that claims white police officers are the direct descendants of the Ku Klux Klan. Both juries were shown the film on at least two occasions during the trial.

Verdict

On August 23, 1993, the jury found Budzyn and Nevers guilty of second degree murder. A third former officer who was tried with Budzyn and Nevers, Robert Lessnau, would be acquitted on a charge of assault with intent to do bodily harm.

Appeals

On July 31, 1997, the Michigan Supreme Court granted a new trial for Budzyn, mostly on the grounds of showing the movie Malcolm X (the movie's opening scenes show video of the Rodney King incident) to sequestered jury members while they waited to begin deliberating. It was learned that a political appointee of Mayor Young had made it onto the jury, and she was instrumental in showing the movie to jury members. Budzyn was immediately released from prison. He was retried, and on March 19, 1998, he was again found guilty of involuntary manslaughter. In January 1999, the Michigan Court of Appeals instated a four-year prison sentence. He had already served the minimum under the first conviction, and was released.

Nevers' 1997 appeal to the Michigan Supreme Court was denied. However, Nevers was successful on his appeal to a federal court, with United States District Judge Lawrence P. Zatkoff overturning the verdict and ordering his release on December 30, 1997. Nevers was convicted of involuntary manslaughter in May 2000 and sentenced to 7–15 years in prison. In March 2003, this conviction was overturned by the Michigan Court of Appeals, but, in September 2003, the Michigan Supreme Court reversed and upheld the conviction. On May 13, 2005, Nevers lost a bid to appeal the conviction in federal court.

  • Outsider musician Wesley Willis' song "Larry Nevers/Walter Budzyn" is about the trial and aftermath of the beating.
  • Insane Clown Posse referred to Nevers as someone who is going to receive retribution for his crimes in their song "Wagon Wagon" from Ringmaster
  • Underground Resistance dedicated their release Message To The Majors to Malice Green.
  • Although not written about the death of Green, Pearl Jam included a picture of Green in the booklet for their 1993 album, Vs, beside lyrics to the song "W.M.A." which alludes to racial profiling among US police.
  • The single "Fight Music" by Detroit-based rap group D12 references the death of Green.
  • Detroit rapper Bruiser Wolf references Green in a guest verse on the song "Y.B.P. (ft. Bruiser Wolf)" from Detroit-born rapper Danny Brown's 2023 album Quaranta. In his verse, Wolf raps: "Police violence, that's how Malice Green died."

See also

  • List of unarmed African Americans killed by law enforcement officers in the United States
  • List of killings by law enforcement officers in the United States
  • List of homicides in Michigan

References

  • Human Rights Watch : Detroit Incidents
  • White ex-officer guilty in black motorist's death
  • Michigan ruling overturning initial conviction of Budzyn
  • Federal ruling overturning initial conviction of Nevers