Police in Detroit Beating Asserted ‘Raw, Naked Power,’ Lawyer Says

DETROIT —  A prosecutor argued Thursday that the beating death of Malice Green resulted from police asserting “raw and naked power,” while a defense lawyer called it a “life and death struggle.”

In closing arguments, Wayne County Assistant Prosecutor Doug Baker described 53-year-old Larry Nevers as an aging Detroit police officer proving his virility when he repeatedly clubbed Green over the head with his heavy metal flashlight.

“This is grim determination. . . . He is not going to be bested by this man in front of anyone else,” Baker said. “It’s the assertion of raw and naked power over Malice Green.”

When the beating was over, Nevers was “the picture of a man covered with blood, his club covered with blood, flushed with victory.”

Nevers and his former partner Walter Budzyn, 47, are charged with second-degree murder. They face life in prison if convicted.

Green, 35, died Nov. 5 outside a suspected crack house. He was confronted in his parked car by Nevers and Budzyn, who asked for his driver’s license.

Witnesses say that the beating began when Green, an unemployed steelworker, refused orders to open his clenched fist, which some witnesses said held either drugs, keys or a scrap of paper.

“It’s a contest of wills . . . and he’s got the club and he’s beating and it’s not going to stop. This was the ultimate abuse of power,” Baker said of Nevers. “The real crime of Malice Green was that he affronted power, he didn’t obey.”

But Nevers’ lawyer, John Goldpaugh, said that Green did more than disobey a command to open his clenched hand.

Nevers had testified that Green grabbed the handle of his gun. He said he was only defending himself when he hit Green over the head five or six times with his flashlight.

“In Officer Nevers’ mind and in Officer Nevers’ heart is a life and death struggle,” Goldpaugh told jurors.

When Green could not get the gun, he grabbed for his pocket knife, but pulled out keys instead, Goldpaugh said.

“It was a metallic object. He (Nevers) didn’t know what it was,” Goldpaugh said.

Arguments for Budzyn are scheduled for today, with jury deliberation to start Saturday.