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Prosecutor’s report details LU student’s attack on security guard

February 27, 2014 | Virginia News

No criminal charges will be filed against a Liberty University security officer who fatally shot a student in November, according to a report released February 27.

The report, prepared by Deputy Commonwealth’s Attorney Jeff Bennett, states security officer A. S. Mulberry acted in self-defense when he shot 19-year-old Liberty University student Joshua Hathaway on Nov. 19 at a residential annex off Odd Fellows Road.

In his report, Bennett said he received the police case file Feb. 12. Police couldn’t finish their file until they received the final autopsy report on Jan. 20.

The 10-page report details the circumstances surrounding Hathaway’s confrontation with Mulberry. It is based on interviews, DNA analysis, forensic testing, computer analysis and half a dozen search warrants, among other things.

The News & Advance tried to reach Mulberry for comment Thursday, but the Liberty University Police Department said he would not return to work for at least another week or two. Johnnie Moore, spokesman for the college, said the university will not issue a response to the Commonwealth’s Attorney’s report.

The report states Mulberry told investigators he was sitting at the front desk of Annex II at about 4 a.m., eating a meal, when Hathaway entered the lobby. Hathaway had blood trickling from his face and told Mulberry he had been mugged and his car stolen...

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