Commonwealth’s Attorney Senior Assistant

Ramin Fatehi Commonwealth’s Attorneys

Shavaughn N. Banks
Chief Deputy Andrew Kolp
Commonwealth’s Attorney Michelle L. Newkirk
Krista L. Marinez Gordon C. Ufkes
Scott C. Vachris
Deputy Emily A. Woodley
Commonwealth’s Attorneys
Karen J. Burrell Director of Communications
William S. Maydosz Nia Y. Tariq
K. Scott Miles
OFFICE OF THE COMMONWEALTH’S ATTORNEY Comptroller
Director of the Alice K. Allred
Victim/Witness CITY OF NORFOLK
Assistance Program 800 East City Hall Avenue • Suite 600 • Norfolk • Virginia • 23510-2719 Director of
Lisa M. Hicks Phone: (757) 664-4444 • Fax: (757) 664-4445 • Norfolk Family Justice Center: (757) 330-0376 Information Technology
http://www.norfolk.gov/commatty • http://www.facebook.com/NorfolkCWA • @NorfolkCWA Christopher J. Beason

January 10, 2024

Captain Timothy A. Reibel

Commander, Virginia State Police Division 5
1557 South Military Highway, Suite 600
Chesapeake, Virginia 23320
timothy.reibel@vsp.virginia.gov

VIA ELECTRONIC MAIL

RE: Your Case No. 22-14634

Legal Review of Use of Force, July 20, 2022
9000 Block of Glade Road, Norfolk, Virginia
Norfolk Sheriff’s Office Deputy Alexander Michalak

Dear Captain Reibel:

I have reviewed your investigation into the incident that took place in the 8000 block of Glade
Road on the night of July 20, 2022, during which Norfolk Sheriff’s Office Deputy Alexander
Michalak shot and killed Michael Antonio Goode, Jr.

In that incident, Mr. Goode and Charles Powell walked up to Deputy Michalak’s car, in which
Deputy Michalak and his girlfriend were sitting while Deputy Michalak finished a phone call with
his mother. As Deputy Michalak opened he car door, Mr. Goode rushed into the door opening,
pointed a gun—a .380 caliber pistol from which the serial number had been obliterated—at
Deputy Michalak’s head, and attempted to rob him. Mr. Powell was behind Mr. Goode. The
robbers were strangers to the victims.

Deputy Michalak pushed Mr. Goode’s gun away to protect his girlfriend, and Mr. Goode shot
Deputy Michalak through the face, seriously wounding him. Deputy Michalak drew his Sheriff’s
Office pistol and shot Mr. Goode twice, killing him. Mr. Powell ran from the scene. Deputy
Michalak went to his house, got a second gun, but collapsed in his own doorway.

Norfolk Police officers and paramedics came to the scene and rushed Deputy Michalak to the
hospital. Deputy Michalak fortunately survived but suffered permanent injuries as a result of Mr.
Goode’s shooting him. Since Deputy Michalak is a Norfolk Sheriff’s Office Deputy, the Norfolk
Police called your agency and me. Your agency conducted the investigation of Deputy
Michalak’s actions, and the Norfolk Police investigated the crimes that Mr. Goode and Mr.
Powell had committed.
In re: Use of Force Case No. 22-14634 (8000 block of Glade Avenue) Page 2
July 20, 2022

The Norfolk Police were able to identify Mr. Powell and arrested him on July 30, 2022. Mr.
Powell confessed to the police, stating that it had been Mr. Goode’s idea to commit the robbery.
Mr. Powell was charged with a number of felony offenses, and the Chesapeake
Commonwealth’s Attorney’s Office agreed to prosecute the case. On March 30, 2003, Mr.
Powell pleaded guilty in Norfolk Circuit Court to the aggravated malicious wounding of Deputy
Michalak, using a firearm in the commission of that crime, and assault and battery and was
sentenced to an active term in prison of five years and nine months.

Had Mr. Goode survived, I would have recommended similar charges for Mr. Goode with a
more severe punishment.

While this incident involved a sworn deputy of the Norfolk Sheriff’s Office, the Deputy Michalak
was off duty and was acting as a private citizen at the time of this incident, meaning that, strictly
speaking, this case differs from the typical cases of law-enforcement use of force, and the
standard under which I would review this case is no different than it would be for the use of
deadly force by a private citizen.

Under any standard, Deputy Michalak was absolutely justified in answering deadly force with
deadly in defense of himself, his girlfriend, and the community. Put briefly, Mr. Goode shot
Deputy Michalak while trying to rob him and his girlfriend, and Deputy Michalak reasonably
feared for his and his girlfriend’s lives. Deputy Michalak had no choice but to return fire.

In light of the full airing of the facts of this case in Mr. Powell’s prosecution and the fact that
Deputy Michalak was acting as a private citizen in this incident, no press conference is
necessary here.

I commend Deputy Michalak for his quick thinking and for doing what was necessary in a
dangerous and volatile situation. I am confident that Deputy Michalak’s training as a Norfolk
Sheriff’s Office Deputy and his personal bravery helped save his own life and the lives of others.

Finally, please allow me to express my appreciation to you and your investigators—in particular
Special Agent Seymour Lopez—for the highly professional work you devote to these important
use-of-force investigations and to the Norfolk Police Department and the Norfolk Sheriff’s Office
for their cooperation in this important case. You set an example for how agencies can build
public trust through transparency and a search for the truth. Thank you.

Sincerely yours,

Ramin Fatehi
Commonwealth’s Attorney

CC: Mark Talbot, Chief of Police, City of Norfolk

Josph P. Baron, Sheriff and High Constable, City of Norfolk
Deputy Michael F. Imprevento, Esq., Staff Attorney, Norfolk Sheriff’s Office