The following is contents of a letter dated Jan. 10, 2024, from Norfolk Commonwealth's Attorney Ramin Fatehi to Virginia State Police Captain Timothy A. Reibel detailing Mr. Fatehi's legal conclusion following the deputy-involved shooting of Michael Antonio Goode Jr. on July 20, 2022, on Glade Road:
Dear Captain Reibel:
I have reviewed your investigation into the incident that took place in the 8000 block of Glade Road on the night of July 20, 2022, during which Norfolk Sheriff’s Office Deputy Alexander Michalak shot and killed Michael Antonio Goode, Jr.
In that incident, Mr. Goode and Charles Powell walked up to Deputy Michalak’s car, in which Deputy Michalak and his girlfriend were sitting while Deputy Michalak finished a phone call with his mother. As Deputy Michalak opened he car door, Mr. Goode rushed into the door opening, pointed a gun—a .380 caliber pistol from which the serial number had been obliterated—at Deputy Michalak’s head, and attempted to rob him. Mr. Powell was behind Mr. Goode. The robbers were strangers to the victims.
Deputy Michalak pushed Mr. Goode’s gun away to protect his girlfriend, and Mr. Goode shot Deputy Michalak through the face, seriously wounding him. Deputy Michalak drew his Sheriff’s Office pistol and shot Mr. Goode twice, killing him. Mr. Powell ran from the scene. Deputy Michalak went to his house, got a second gun, but collapsed in his own doorway.
Norfolk Police officers and paramedics came to the scene and rushed Deputy Michalak to the hospital. Deputy Michalak fortunately survived but suffered permanent injuries as a result of Mr. Goode’s shooting him. Since Deputy Michalak is a Norfolk Sheriff’s Office Deputy, the Norfolk Police called your agency and me. Your agency conducted the investigation of Deputy Michalak’s actions, and the Norfolk Police investigated the crimes that Mr. Goode and Mr. Powell had committed.
The Norfolk Police were able to identify Mr. Powell and arrested him on July 30, 2022. Mr. Powell confessed to the police, stating that it had been Mr. Goode’s idea to commit the robbery. Mr. Powell was charged with a number of felony offenses, and the Chesapeake Commonwealth’s Attorney’s Office agreed to prosecute the case. On March 30, 2003, Mr. Powell pleaded guilty in Norfolk Circuit Court to the aggravated malicious wounding of Deputy Michalak, using a firearm in the commission of that crime, and assault and battery and was sentenced to an active term in prison of five years and nine months.
Had Mr. Goode survived, I would have recommended similar charges for Mr. Goode with a more severe punishment.
While this incident involved a sworn deputy of the Norfolk Sheriff’s Office, the Deputy Michalak was off duty and was acting as a private citizen at the time of this incident, meaning that, strictly speaking, this case differs from the typical cases of law-enforcement use of force, and the standard under which I would review this case is no different than it would be for the use of deadly force by a private citizen.
Under any standard, Deputy Michalak was absolutely justified in answering deadly force with deadly in defense of himself, his girlfriend, and the community. Put briefly, Mr. Goode shot Deputy Michalak while trying to rob him and his girlfriend, and Deputy Michalak reasonably feared for his and his girlfriend’s lives. Deputy Michalak had no choice but to return fire.
In light of the full airing of the facts of this case in Mr. Powell’s prosecution and the fact that Deputy Michalak was acting as a private citizen in this incident, no press conference is necessary here.
I commend Deputy Michalak for his quick thinking and for doing what was necessary in a dangerous and volatile situation. I am confident that Deputy Michalak’s training as a Norfolk Sheriff’s Office Deputy and his personal bravery helped save his own life and the lives of others.
Finally, please allow me to express my appreciation to you and your investigators—in particular Special Agent Seymour Lopez—for the highly professional work you devote to these important use-of-force investigations and to the Norfolk Police Department and the Norfolk Sheriff’s Office for their cooperation in this important case. You set an example for how agencies can build public trust through transparency and a search for the truth. Thank you.
Sincerely yours,
Ramin Fatehi
Commonwealth’s Attorney
CC: Mark Talbot, Chief of Police, City of Norfolk
Josph P. Baron, Sheriff and High Constable, City of Norfolk
Deputy Michael F. Imprevento, Esq., Staff Attorney, Norfolk Sheriff’s Office