The Norfolk Commonwealth’s Attorney has found that an off-duty deputy who shot and killed a man who attempted to rob him at gunpoint was “necessary in a dangerous and volatile situation.”
Commonwealth’s Attorney Ramin Fatehi sent a letter to Virginia State Police Captain Timothy A. Reibel today in reference to an incident that took place on July 20, 2022.
Norfolk Sheriff’s deputy Alexander Michalak shot and killed Michael Antonio Goode Jr. when Goode allegedly pointed a .380 caliber pistol at the deputy’s head and attempted to rob him. Michalak was in his vehicle with his girlfriend, according to the investigation, and was approached by Goode and another man, Charles Powell, who were strangers to the deputy.
When Michalak finished a phone call with his mother and opened his car door, Goode rushed the door opening with the gun pointed at Michalak.
Michalak pushed the gun away to protect his girlfriend and Goode shot Michalak through the face – causing serious injuries. Michalak then drew his department-issued pistol and shot Goode twice – killing him. Powell fled the scene.
Norfolk Police officers and paramedics arrived and transported Michalak to the hospital. He suffered permanent injuries as a result of the confrontation.
Powell was arrested on July 30, 2022. Powell allegedly confessed to police and was charged with multiple felony offenses for his actions. He pleaded guilty on March 30, 2023, in Norfolk Circuit Court to aggravated malicious wounding, using a firearm in the commission of a crime and assault and battery. Powell was sentenced to five years and nine months in prison.
The Commonwealth’s Attorney said in the letter that he was asked to investigate the crime since Michalak is a law enforcement officer.
“While this incident involved a sworn deputy of the Norfolk Sheriff’s Office, the Deputy Michalak was off duty and was acting as a private citizen at the time of this incident, meaning that, strictly speaking, this case differs from the typical cases of law-enforcement use of force, and the standard under which I would review this case is no different than it would be for the use of deadly force by a private citizen,” the letter read. “Under any standard, Deputy Michalak was absolutely justified in answering deadly force with deadly in defense of himself, his girlfriend and the community.
“Put briefly, Mr. Goode shot Deputy Michalak while trying to rob him and his girlfriend, and Deputy Michalak reasonably feared for his and his girlfriend’s lives. Deputy Michalak had no choice but to return fire.”
Fatehi commended Michalak for his “quick thinking and for doing what was necessary in a dangerous and volatile situation.
“I am confident that Deputy Michalak’s training as a Norfolk Sheriff’s Office Deputy and his personal bravery helped save his own life and the lives of others,” Fatehi wrote.
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Crystal Graham
