The report in the death investigation of Joshua Hathaway has been released naming the shooter. His name is Officer A. S. Mulberry.
According to the report:
> Hathaway entered the lobby holding his head; Mulberry noted he had blood running down his face from a cut. Hathway approached the desk and asked Mulberry if he was a “cop.” Mulberryreplied he was a security officer with Residential Annex II LUPD, at which point Hathway said in a “shaky voice” that he was mugged in the parking lot and his car was stolen.
Mulberry immediately radioed for a medic and a police officer to respond. Mulberry had a first aid kit in his security vehicle parked outside. He asked Hathaway to sit down on a couch in the
lobby while he retrieved his kit. Mulberry left the front desk and was putting on gloves as he walked into the lobby.
>As they reached the front door, Mulberry recalled saying to Hathaway again, “Sir, you really need to sit down, you have a head injury.” At this point, Mulberry estimated Hathaway was “maybe a pace away” from him when his demeanor changed entirely and he said, “Sir, I have a problem.” As he said this, Hathaway produced a yellow-handled mallet from under his shirt and raised it.
They continue to fight until Mulberry grabs for the gun:
>Mulberry grabbed Hathaway’s throat and was able to get away from the counter area. They then went to the ground with Hathaway on top of Mulberry. Mulberry began bucking to get Hathaway off of him; he would later recall, “I knew if I did not get him off me I was dead . . . .”
He managed to shove Hathaway off and get to his feet and Hathaway was “right back on [him] again.” At this point, Mulberry said he was out of air and “sucking wind.” He drew his firearm and
attempted to fire; the gun clicked but did not discharge.
Mulberry then “bull rushed” Hathaway and tried to shove him back while attempting to rack the slide on his weapon. As Hathaway came back at him again, he fired the first shot and did not know if it hit Hathaway. Hathaway paused for a second and Mulberry quickly fired a second round, at which point Hathaway went to the floor toward the mailboxes. Mulberry then “assessed if [Hathaway] was going to continue fighting or if he had stopped.”
>For the reasons stated in this report, I find that Officer Mulberry acted in self-defense when he shot Joshua Hathaway. No criminal charges will be brought against the Officer Mulberry.
Click here to read the full report on this investigation. The report was written by Lynchburg Deputy Commonwealth’s Attorney Jeff Bennett.