DOJ Declines Charges in 2023 Officer-Involved Shooting at Perdue Feed Mill in Bridgeville
BRIDGEVILLE, Del. – The Delaware Department of Justice has declined to pursue charges in the fatal officer-involved shooting that occurred at a Perdue Feed Mill in Oct. 2023.
In the late hours of Oct. 4, 2023, 23-year-old Jordan James brought a long gun to his workplace, claiming it would be his “last day,” after committing a home invasion less than an hour prior. Delaware State Police (DSP) Corporal William Schuele responded to the scene alongside other officers, and ultimately fired two rounds, killing James.
In accordance with Delaware State Law, the Division of Civil Rights and Public Trust (DCRPT) launched an investigation into the shooting to determine whether the officers’ use of deadly force constituted a criminal act. DCRPT investigators and attorneys reviewed evidence consisting of video footage, witness interviews, police interviews, dispatch records, scene photographs, forensic evidence and analyses, and medical records. The following information consists of their findings.
Facts of the Case
At approximately 10:50 p.m. on Oct. 4, 2023, police responded to a reported home invasion at Canterbury Apartments in Bridgeville. A suspect fled prior to police arrival, but was described as a Black male, named “Jordy” or “Jordan,” who was approximately five foot and 10 inches, wearing black clothing and a mask and armed with a shotgun. Police identified him at James.
Approximately 30 minutes later, James arrived at the nearby Perdue Feed Mill, where he worked. He interacted with two co-workers, including hugging them and saying it was his “last day.” He reportedly walked away from them and then came back carrying a long gun while repeatedly stating “call the (expletive) cops.” One of his co-workers called 911, and stated an employee named Jordan James showed up “out of the blue” at the Feed Mill, saying he was armed with a “machine gun.”
Officers from DSP Troop 5, in addition to officers from the Bridgeville and Greenville police departments, responded to the Feed Mill. Troopers Cpl. Schuele and Corporal Ryan Santmyer arrived at a poorly lit area north of the Feed Mill along nearby railroad tracks. While making their way to train cars for cover, Cpl. Santmyer turned around and saw James closing in behind them. Cpl. Santmyer called commands out to James to show his hand. James fired his gun in an unknown direction and ran.
Cpl. Santmyer and Cpl. Schuele pursued James and made their way to opposite corners of a warehouse for coverage. James fired another round, causing Cpl. Schuele to fire his rifle twice in response. James was found lying in the street by other officers, with his finger was in the trigger guard of his 9mm rifle. The rifle was removed from James and officers began lifesaving measures, but ultimately he succumbed to a gunshot wound to his head.
Case Evidence
DSP evidence technicians collected ballistic evidence from the shooting scene. They also collected the HiPoint 9mm rifle held by James, and Cpl. Schuele’s divisionally issued Sig Sauer .223 rifle. A cartridge casing fired from James’s rifle was found in the street near him. Two cartridge casings fired from Cpl. Schuele’s rifle were found near the corner of the warehouse where he eventually took cover, consistent with where he fired his rifle. Although a partial projectile was found in James’s clothing, ballistic analysis was unable to determine whether if it had been fired by either rifle collected in this case.
Cpl. Schuele’s body worn camera shows he and Cpl. Santmyer making their way along the railroad tracks and eventually encountering James for the first time. The sound of a gunshot is heard prior to both troopers taking cover and then pursuing James. It also shows Cpl. Schuele approaching a building when another gunshot is heard, at which point he takes a kneeling position and returns fire.
Cpl. Santmyer’s body worn camera shows him near the railroad tracks where he turns and encounters James. While trying to engage James a gunshot can be heard. Both Cpl. Schuele and Cpl. Santmyer begins to pursue James as Cpl. Santmyer relays information to other officers and dispatch. A second gunshot is heard followed by two louder gunshots, consistent with Cpl. Schuele returning fire.
When officers approached James in the street, he had an apparent gunshot wound to his head. An autopsy was completed by the Division of Forensic Science, confirming that James died due to a gunshot wound to his head. James also had minor abrasions consistent with falling on asphalt.
In an interview with Cpl. Schuele, he stated that he had originally responded to Canterbury Apartments for a reported home invasion perpetrated by a Black male who lived in the Coverdale area and worked at a local processing mill. James was reportedly looking for an individual who used to live at the Canterbury residence. A short while later Cpl. Schuele heard dispatch relay that a Black male wearing black and a mask had a machine gun at the Perdue Feed Mill, which was close to Canterbury Apartments. He reported that he immediately thought this individual was likely the same person who committed the home invasion. At the time of the shooting, Cpl. Schuele described thinking that he, Cpl. Santmyer, and people present at the Feed Mill were all in danger, so he pursued James.
DCRPT Conclusion
Officials say Cpl. Schuele’s use of deadly force was justified for the purpose of self-protection and the protection of others. At the time deadly force was used, James had fired his weapon twice; first when directly confronted by troopers, and a second time when troopers were pursuing him. A review of the relevant evidence, including the body worn camera, confirms the timeline of events. Cpl. Schuele’s determination that deadly force was necessary under the circumstances in which he found himself was reasonable. As a result, the Department of Justice concludes the use of deadly force in this case does not constitute a criminal offense under the laws of the State of Delaware.
Finally, 29 Del C. § 2553(a)(3)(b) requires as a matter of law that if DCRPT issues a public report on the use of force, the report must include the race of the law enforcement officer who used force, the race of the individual on whom force was used, and whether race was a relevant or motivating factor. Cpl. Schuele’s race is white, and James’s race is black; however, race was not found to be a relevant or motivating factor in this case.
