Officer cleared of any wrongdoing in shooting of Georgetown man in his home

A use of deadly force investigation by the Delaware Department of Justice recently has ruled the 2013 shooting of a Georgetown man inside his home by a state police officer was justified.

In August 2013, Delaware State Police Trooper Matthew Morgan went to the home of Michael Rogers, then 53, to question him about a parking complaint. The two scuffled after Morgan said Rogers was combative and threatened him. Morgan shot Rogers five times and grazed him with one shot; Rogers was taken to Beebe Healthcare where he was admitted for his gunshot wounds. Rogers was charged with second-degree assault of a police officer and resisting arrest with force or violence – both felonies.

During a Superior Court trial in June, Rogers and his mother testified they felt threatened when Morgan came to their home at 10 p.m. to question Rogers about a parking lot incident at a bar earlier that evening. Both Rogers and his mother said Rogers flipped a coffee table, which he later used to shield himself from the trooper's bullets. Morgan testified that Rogers picked up the table and threatened him with it.

The judge dropped Rogers second-degree felony assault to third-degree, a misdemeanor, stating the prosecution had not proven all elements of the original charge.

The jury failed to reach a unanimous decision on the charges resulting in a mistrial. In August, the Attorney General's Office announced it would retry Rogers on his original charges. The retrial has been scheduled for Feb. 23, said Joseph Rogalsky, spokesman for the Attorney General's Office.

The Department of Justice completed its investigation and review of the use of deadly force on Sept. 30 in support of Morgan's action on the night of the shooting. The report details Morgan's account of the confrontation with Rogers. The decision to clear Morgan of any wrongdoing was largely based on Morgan's state of mind during the confrontation; officials found Morgan's state of mind was critical to its finding.

The investigation of the facts and circumstances fully support the reasonableness that Morgan felt his life was in danger, the report concludes.

“As a result Trooper First Class Morgan's use of deadly force was deemed justifiable and is not subject to criminal prosecution under Delaware law,” wrote Deputy Attorney General Timothy P. Mullaney Sr. in the decision.