HENRICO COUNTY, Va. — Henrico Police Officer Timothy "Grant" Million waited nearly a year wondering if he would go to jail for the November 2021 fatal shooting of a Norfolk man on Interstate 64 in eastern Henrico.
On Wednesday, a judge dismissed the caseagainst Million who had been charged with voluntary manslaughter in the shooting death of 53-year-old Tony Singleton.
"There are nights I don't sleep, I didn't sleep last night, I haven't slept a good full eight hours in over a year," Million said after Judge Joseph Ellis ruled what the officer did was not illegal and that the Henrico Commonwealth's Attorney had not presented enough evidence for a jury to decide on the case. "The rush of emotion that I felt come over me, and then getting hugged by [my attorney] was probably the best feeling I've felt in the last year-and-half since this incident occurred."
Body-Worn Camera Footage Released
Officer Million's intense body-camera footage from the night of the shooting was released to CBS 6 following the court hearing.
It had not previously been released to the public.
Singleton had been driving on Interstate 64 near the 295 split in eastern Henrico, back in November 2021, when he crashed and flipped his vehicle before police arrived, according to the Henrico Police Department. When witnesses stopped to help him, they testified he appeared drunk or on drugs, had a knife in his waistband, and wanted to drive back into traffic after the crash.
When Officer Million and another officer arrived on the scene, the video showed Million yelling commands.
"Driver, turn the car off," Officer Million yelled 33 seconds into the video.
"Hands out the window. Do it now," he commands 41 seconds into the video.
"Put your hands out the window driver," he responded seconds later when it sounded like Singleton asked what he wanted him to do.
"Driver, stop reaching around," Million screamed at the video's 47-second mark. His camera focused on the back of the crashed car and not on Singleton's actions in front of him.
"Put your hands out the window," he commanded at the 49-second mark. "Driver, stop reaching around! Put your hands out the window. Do it right now."
It sounds like Singleton replies, "no."
At the video's one-minute mark, Million radios in.
"I've got one at gunpoint, he won't stop reaching around in the vehicle," he said into his shoulder mic wired into his radio.
Backing away from Singleton's vehicle, Million again yells toward the man he has at gunpoint.
"Driver, put your hands out the window. Do it now!" he screamed.
At the video's 1:08 mark, Singleton opened his door and gets out of the car.
"Hey, stay in the car," the officer yelled. "Stay in the car. Do not move. Do not move. Stop moving. Put your hands up. Do it now."
At the 1:18 mark, Officer Million moves closer to Singleton who appears to not be obeying the officer's commands.
"Put your hands up, do it now," Million yelled at the video's 1:20 mark.
Over the next two seconds, it appeared Million quickly moved toward Singleton.
The first gunshot is heard at the video's 1:24 mark.
Seven shots are heard over a four-second span.
Million radios in that shots were fired. Singleton is on the ground.
The video also shows a 12-inch knife being thrown to the side while Singleton is placed in handcuffs and given medical attention.
Parts of the video are not very clear.
Back in Court
Henrico Commonwealth's Attorney Shannon Taylor argued Million's use of force was neither reasonable nor justified.
She wanted jurors to decide if they felt the body camera footage and witness statements proved Singleton reached for his knife prompting Million to shoot.
"If things are not clear cut and one side is saying the version is X, and the other side is saying the version is Y, that is clearly a matter for the fact finder to receive all the evidence and make their decision with respect to the law," Taylor said about the dispute over whether Singleton reached for his knife.
Million's attorneys Peter Baruch and Edward Nickel argued deadly force was Million's "only choice" after Singleton failed to comply with his commands, and, according to their testimony, reached for a large knife in his waistband.
Judge Ellis tossed the case before it went to a jury.
He said the Commonwealth had not shown enough evidence to prove Million committed voluntary manslaughter.
Million's family broke out into tears and prayers after the judge struck the case down, as Million hugged his lawyers.
"The judge saw the evidence for what it was. The Commonwealth couldn't prove their case," Baruch said.
The court heard testimony from two women who had stopped on I-64 to help after seeing Singleton's car flip multiple times on the interstate.
The women said the driver — later identified as Singleton — appeared drunk or on drugs, had a knife in his waistband, and wanted to drive back into traffic after the crash.
"I didn't want him to put anyone else's life in jeopardy," Barbara Rowe, one of the two women who tried to take the driver's keys out of the ignition, said.
The second woman, Ashley Stallings, testified "I felt like he was a ticking time bomb," about the driver.
Defense Attorney Nickel introduced a motion to strike the Commonwealth's case late Tuesday after the Commonwealth rested its case.
Nickel argued the prosecutors had not established the shooting was the result of a "sudden heat of passion" or "during mutual combat," which he argued are necessary for a voluntary manslaughter charge.
He said Singleton was intoxicated, failed to obey Million's commands, and moved his hands toward his waistband where he had a knife during a tussle with Million prior to the shooting.
"This is a situation where Officer Million was protecting himself from deadly force," Nickel said. "There is no evidence that shows anything he did was wrong with regard to his training."
The Henrico Police Department is still conducting its internal affairs investigation.
Henrico Police Chief Eric English said they are checking for any policy violations, or "any actions that could have been done better."
"What we try to do is we try to do a lot of realistic training to put our officers in those types of scenarios, so they do get used to reacting in those types of situations. That's the best way we can train. There is no way to emulate something like this, but we try to do the best we can to put them in those situations so they can react properly," English said.
Million, who wanted to make it clear to the public that he is a gay, bi-racial officer, said he hoped to return to work as a Henrico Police Officer and inspire others like him to enter the profession.
"I love the fact that when I go to recruiting events and I share my story with them it promotes people who are like I never thought I could go into law enforcement, but now I'm seeing this officer...it really motivates people," Million said.
He added that coping with the fact that he took a life has been difficult.
"It has been really hard," he said. I didn't have much time to process the feeling of having to take a life which is the last thing I've ever wanted to do in this job because less than two months after this horrible incident I was indicted."
Million remains on paid administrative leave.
Previous Reporting:
- Henrico judge dismisses case against officer accused of killing man on I-64
- What happened before a Henrico officer allegedly killed a man on I-64?
- Henrico Police officer charged with killing man on Interstate 64
- Body cam captures video of Interstate 64 police shooting
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