Antonino Gordon

ROYAL OAK -- The fatal April 11 police shooting of a man who fled a traffic stop and later crashed his BMW into an officer's vehicle in a White Castle drive-thru has been ruled justified as self defense.

Genesee County Prosecutor David Leyton, who reviewed the case and made the ruling, found that the driver "put countless lives at risk," including the life of the officer.

Royal Oak Police Officer Keith Bierenga feared for his life when 28-year-old Antonino Gordon refused orders to stop, moved his vehicle in reverse and seconds later drove into the side of the officer's vehicle, Royal Oak Police Chief Corrigan O'Donohue said after video footage of the incident was shared with media Tuesday, Aug. 1.

Bierenga, an 11-year veteran of the department with no use-of-force complaints on his record, fired four times, O'Donohue said. Gordon, who pulled out of the fast food restaurant and onto a nearby road where he traveled nearly a half mile before crashing into another vehicle, was struck three times, according to the chief.

Bierenga initially stopped Gordon in traffic for driving erratically about 6 p.m., but when the officer attempted to collect Gordon's identification, Gordon sped off, cut through the parking lot of the White Castle where he was later shot, popped out onto 13 Mile Road, which was busy with rush-hour traffic, and was able to flee southbound on Woodward Avenue.

About 30 minutes later, Gordon returned to the White Castle and was purchasing food when Bierenga spotted him.

Surveillance video from the White Castle and police dashcam footage shows Bierenga pull his police car up at an angle in front of Gordon, who is waiting for food at the drive-thru window. With his car blocking Gordon's escape, Bierenga exits his patrol car with his gun drawn and approaches Gordon from the driver's side.

Gordon is seen driving a short distance forward. He then reverses several feet, drives forward a second time, ramming into the side of the police car and is shot.

After being shot, Gordon manages to drive out of the parking lot and north on Coolidge Highway with Bierenga in pursuit. Gordon is seen weaving and sporadically hitting his brakes with his windshield wipers engaged before his vehicle briefly stops in the road and proceeds to cross the median and crash into an oncoming Honda minivan.

Another responding police vehicle arrives as Bierenga and other officers pull Gordon from the vehicle and begin treating him in the roadway.

Royal Oak Police Lieutenant Keith Spencer speaks to media about an April 10, 2018 officer-involved shooting at a Royal Oak White Castle after the Genesee County Prosecutor's Office cleared the officer and ruled the shooting self defense, Aug. 1, 2018. (Tanya Moutzalias | MLive Detroit)

O'Donahue says Gordon was "extremely intoxicated" with a .27 blood-alcohol level and driving without a valid driver's license.

Police later learned Gordon also had an outstanding arrest warrant for second-offense driving under the influence of alcohol.

"The fact is that this guy was a danger to anyone on the roadway," the police chief said. "The lesson is, stop for police ... when you get pulled over, comply, and let the system work it out."

When the shooting occurred, "Officer Bierenga was in an extremely confined space and has to attempt to take into custody an individual driving a 3,000-pound car," O'Donohue said. "This individual had demonstrated a complete disregard for the safety of anyone on the road ... including Officer Bierenga."

The Oakland County Sheriff's Office conducted the shooting investigation and the Genesee County Prosecutor's Office cleared the officer.

The prosecutor determined that, in addition to shooting Gordon in self defense, the officer had the right to use deadly force because Gordon committed a felony and posed a serious risk to the officer and public after crashing into the police vehicle.

Prosecutor's full ruling:

O'Donohue said the incident has taken a "tremendous toll" on Bierenga, as well as the entire department.

Following the ruling, Bierenga was placed on active duty and at some point will return to patrol.

An internal review of tactics and policies will now be conducted, O'Donohue said.

"There is no question that this was a very tragic incident for all involved," Leyton said. "What started out as a routine traffic stop quickly escalated into a dangerous felony situation in which Mr. Gordon's own actions on the road and at the White Castle parking lot put countless lives at risk including the life of Officer Bierenga.

"My staff and I came to our conclusion based on the facts of law."

The shooting, which occurred in Oakland County, was instead reviewed by the Genesee County Prosecutor's Office due to a potential conflict of interest involving Bierenga and an employee of the Oakland County Sheriff's Office, O'Donohue said.

The police chief said this was the first fatal officer-involved shooting in Royal Oak in over 20 years.

The department's second fatal-police involved shooting in two decades occurred on May 14 when 20-year-old Cody Reynolds, who reportedly attacked his parents with a knife minutes earlier, lunged at police.

That investigation is ongoing.