Edward Fitzgerald

ALPENA — Edward Fitzgerald, 33, had his preliminary examination waived on Thursday in the 88th District Court.

Fitzgerald is charged with one count of assault with a dangerous weapon (felonious assault), four counts of weapons – felony firearm, one count weapons – dangerous weapon – carrying with unlawful intent, one count of police officer – fleeing third degree, and one count of police officer – assaulting/resisting/obstructing.

He was arraigned on Dec. 26. Fitzgerald’s charges are related to the officer involved shooting that took place on Thanksgiving in Alpena County.

Fitzgerald was shot by Presque Isle County deputies after a police chase when Fitzgerald exited his vehicle with a gun pointed at police, the News previously reported.

“Michigan law gives a person the right to use force or even take a life to defend himself or another person under certain circumstances,” Alpena County Prosecuting Attorney Cynthia Muzynski said in a press release to the Michigan State Police. “If a person uses force within our state’s definition of self-defense, their actions are justified under the law, and they are not guilty of a crime. Based upon a thorough review of the facts and applicable law, it is clear that the actions of Presque Isle County deputies, in the shooting of Edward Fitzgerald, were not criminal in nature but done in self-defense. The actions of Mr. Fitzgerald on November 27, 2025, presented an immediate danger of death or great bodily harm to deputies. Both deputies were justified in shooting Fitzgerald under the doctrine of self-defense or defense of others.”

“It is important to note that once the threat of death or great bodily harm was alleviated, and Mr. Fitzgerald was no longer pointing his loaded weapon at the deputies, both deputies, along with another deputy, immediately began rendering life-saving first aid to Mr. Fitzgerald,” the statement continued. “But for the swift rendering of aid, Mr. Fitzgerald may have succumbed to his injuries that day.”

Due to waiving preliminary examination, Fitzgerald’s case was bound over to the 26th Circuit Court. His next hearing will be an arraignment, but the time and date of arraignment has not yet been determined.