Prosecutor: Middletown police ‘justified’ in May fatal shooting

One person is dead and another was injured in a police officer-involved shooting in Middletown Tuesday, May 27, on Garden Avenue near Barnitz Stadium, according to the Ohio Bureau of Criminal Investigation. NICK GRAHAM/STAFF

One person is dead and another was injured in a police officer-involved shooting in Middletown Tuesday, May 27, on Garden Avenue near Barnitz Stadium, according to the Ohio Bureau of Criminal Investigation. NICK GRAHAM/STAFF

Middletown police have been cleared in the May 27 fatal shooting of a man who pointed a gun at them, Butler County Prosecutor Mike Gmoser said.

“The (Butler County) Grand Jury considered all relevant evidence from the independent investigation by the Ohio Bureau of Criminal Investigation and Identification (BCI) and determined that no criminal charge is warranted and that the use of deadly force resulting in the death of Michael Baker is therefore justified,” according to a news release.

Baker, 47, of Middletown was the shot by police during an illegal drug activity warrant search on Garden Avenue.

Evidence obtained from the video body camera of the shooting showed Baker pointed a loaded .38 caliber revolver at Middletown police. He was then immediately shot twice.

“This case should serve as fair warning to all offenders involved in criminal activities that pointing a firearm at a police officer in the performance of his duties will be met with lethal and justified use of force to eliminate the threat. Such use of force is very likely to result in the justified death of the offender,” Gmoser said.

A woman in the house was injured from bullet shrapnel to her ankle. She was taken to the hospital for treatment of non-life threatening injuries.

Gmoser applauded Middletown police for immediately contacting BCI following the shooting in late May.

This is the third police-involved shooting in Middletown since February 2023.

A Butler County grand jury declined to issue any criminal charges against a Middletown police officer who fatally shot a man who opened an apartment door holding a gun on Christmas Eve 2024 at Olde Towne Apartment complex.

Christopher Gorak, 50, died of multiple gunshot wounds, according to the Butler County Coroner‘s Office. Investigation of the incident indicates Gorak was also “heavily intoxicated,” according to the county prosecutor’s office.

“(The grand jury) determined that no indictment alleging criminal conduct against any involved officer should be issued and that the death of Christopher Gorak was justified,” Butler County Prosecutor Michael Gmoser said.

In April 2023, Middletown police responded to the same apartment complex when they were shot at by a suspect. They returned fire and hit the suspect, wounding the man. Kyle Kellum recovered, was indicted for felonious assault involving a police officer, but found to be not guilty by reason of insanity following a bench trial in common pleas court.

In February 2023, Middletown police shot and killed a man who pointed a weapon at them in the parking lot of the Walmart on Towne Boulevard.

No charges were filed against the two Middletown officers in the deadly shooting.

The officers’ use of deadly force in the Feb. 25 shooting of 47-year-old Victor Lykins was deemed reasonable by the Warren County Prosecutor’s Office, Prosecutor David Fornshell announced after reviewing investigation results.

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