NORFOLK, Va. — An off-duty Norfolk Sheriff's Office deputy who killed an armed robber in 2022 was "absolutely justified" in his use of force, according to the Norfolk Commonwealth's Attorney Ramin Fatehi.
In a letter to Virginia State Police Captain Timothy Reibel, Fatehi said through reviewing the investigation he determined Deputy Alexander Michalak "had no choice but to return fire" when Michael Goode shot the deputy and attempted to rob him and his girlfriend.
"Deputy Michalak reasonably feared for his and his girlfriend’s lives," Fatehi said, in part.
Since the shooting happened while Michalak was off-duty, Fatehi noted that he reviewed this case similarly to how he assesses private citizens' use of deadly force rather than how he usually addresses sworn law enforcement officers' use of deadly force.
The incident, which happened the night of July 20, 2022, unfolded when Goode, along with Charles Powell, approached Michalak's vehicle and pointed a pistol at the deputy's head as he opened his car door.
"The sheriff's deputy in this case," said Fatehi. "He was facing the prospect of what any reasonable person would think: 'I'm about to get shot, I just got shot, I'm worried that my girlfriend may get shot."
When Michalak tried to push the gun away, officials said Goode shot the deputy through his face, seriously injuring him.
In response, Michalak returned fire, striking Goode twice and killing him.
Fatehi said the Michalak was a clear-cut case of self-defense.
"You can answer the force that you reasonably and correctly expect is coming with force that matches that force," said Fatehi. "You cannot be the aggressor and escalate a confrontation, but in this case it is self-defense."
Michalak survived the shooting but was left with permanent injuries, Faethi said in the letter.
Powell fled from the scene but was ultimately arrested 10 days after the incident. He was sentenced to more than five years in prison after pleading guilty to aggravated malicious wounding, using a firearm in the commission of that crime, and assault and battery.
Fatehi added that if Goode had survived, he would face similar charges as his accomplice.