...Police considered but ultimately
decided against seeking a misdemeanor charge of brandishing a firearm.
It is
legal to openly carry a gun in Michigan but illegal to brandish one, which KDPS Assistant Chief Donald Webster described as essentially “waving or displaying the firearm in a threatening manner.”..
...
Gordon:
Yes, you are being detained right now. You crossed the street illegally. Place the weapon down on the ground please.
Houseman:
I will not.
Gordon radios that it appears the man will not drop his rifle.
Gordon:
"Look, you crossed the street illegally; I just want to talk to you. I just want to talk to you. You're walking around here scaring people, man.
A second Public Safety vehicle arrives just after 4:11 p.m. About a minute later, Gordon asks Houseman for his name. Houseman says he is "Joe Schmoe."
"Based on training and experience I know that this is a euphemism used as an alias and knew it was not correct," Gordon would later write in his report.
Houseman:
I am free to go?
Gordon:
"No, you're not free to go. Right now you're committing a crime of resisting and obstructing (for failing to identify himself after being stopped for jaywalking).
Now you've stepped up to a misdemeanor crime.
Houseman:
Why don't you (expletive) shoot me?
Gordon:
I don't want to shoot you; I'm not here to do that.
As the interaction continues,
Houseman talks of a coming revolution, and calls police officers "gang members" with a "history of violence." While the audio is scattered -- Houseman was across the street from Gordon and it was a somewhat windy day -- Houseman can also be seen grabbing his genitals and making lewd gestures toward Gordon...
...
KDPS Lt. Stacey Geik takes over as commanding officer and directs officer Jon Schipper to be the "use of force applier ... if need be." Houseman still refuses to provide his name or identification to officers and can be heard directing numerous expletives toward them.
Houseman has his gun in the "parade-arms" position throughout the encounter, though he can be seen switching it from hand to hand, Giek later noted in his report. Houseman can be seen fumbling with the gun while reaching for chewing tobacco from a tin in his pocket.
Geik tells a dispatcher Houseman is "highly agitated" and "does not like police."
"He is exercising his open carry rights, however, he has certainly overextended them at this point," Geik says.
The lieutenant asks officer Peter Hoyt if this is the same open-carry advocate he has dealt with before. Hoyt says it is.
About two minutes later, Houseman agrees to sit on the ground and place his gun down.
He allows Geik to approach him and take the carbine rifle, which Geik discovers to be empty of ammunition.
