UPDATE: Commonwealth's Attorney: Officer That Killed LU Student - WSET.com - ABC13

UPDATE: Commonwealth's Attorney: Officer That Killed LU Student Acted In Self-Defense

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Lynchburg, VA - Thursday Lynchburg's Commonwealth's Attorney said the Liberty University Security Guard who shot and killed a student last year acted in self-defense.

The office reviewed forensic evidence and spoke to numerous witnesses, to come up with a report that goes step by step into went down that November morning at the Residential Annex.

The report also delves into testimonies from those close to 19 year old Hathaway. They reveal a troubled young student sinking in financial problems. Some believed their classmate had been cutting himself and say his sleep habits had become very strange. 

The report says Hathaway entered the building with a shaky voice and what evidence now shows was a self-inflicted cut on his face, as he told his story of being mugged.

When Officer Mulberry went to get a first aid kit, he says Hathaway's demeanor changed. Then Hathaway said "Sir, I have a problem" and pulled a weapon from under his shirt.

"It would have been very very serious if not fatal" said Commonwealth's Attorney Mike Doucette.

Mulberry fought for his life while Hathaway attacked him first with the mallet. After Hathaway dropped it, Hathaway clawed and fought the officer.

"It appeared to him that he was in imminent danger of serious bodily harm," said Doucette.

Doucette says the evidence is clear Mulberry did what he had to, to protect himself. He fired what's called a "double tap" just as he had been trained.

"The officer was able to clear his weapon and fire two quick shots. At that point, when Hathaway went down, the officer discontinued any sort of response and immediately tried to aid Hathaway but again it was too late," said Doucette.

Liberty University said they didn't want to comment, but wish to let the Commonwealth's Attorney report stand.

Due to the testimony of people that interacted with Hathaway during his final days, the Commonwealth Attorney says this could very well be another mental health tragedy.

 

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