Justice Department Won’t Press Charges In Fatal Shooting

Justice Department Won’t Press Charges In Fatal Shooting

The U.S. Justice Department will not pursue charges against two Caucasian police officers in the shooting of Alton Sterling, an African American man, last July in Baton Rouge, Louisiana.  Acting U.S. Attorney Corey Amundson announced on Wednesday, April 3rd, the court’s decision stating there is insufficient evidence to bring charges against the officers who pinned Sterling to the ground and ended his life.  

Police had allegedly confronted Sterling outside of a store where the man was selling CDs during their investigation into a report of a man with a firearm.  The interaction was caught on camera, and the video shows a police officer shooting Sterling, while he’s on the ground after someone shouts, “He’s got a gun. Gun!”  Officers later reported that they had witnessed the butt of a gun in Sterling’s pocket.

According to current regulations, prosecutors must establish beyond a reasonable doubt that the use of force was unreasonable and that officers willfully acted against the law. Evidence revealed Sterling did not comply with the officer’s initial request to place his hands on the hood of his car, and he willfully struggled with them when they attempted to put their hands him. Officer Blane Salamoni then pulled out his gun, prompting Sterling to place his hands on the car hood, but then the man moved, spurring the other officer to use a stun gun on him. At that time, Sterling fell.  He tried to get back up, but was tackled to the ground by Salamoni.  Salamoni tried to grab Sterling’s right hand, while another officer contained his left.  Salamoni yelled that Sterling was going for a gun in his pocket. The other officer reacted by drawing his and yelling at the man not to move. Salamoni again yelled that Sterling was going for his gun, and subsequently fired three times, striking Sterling in the chest. Sterling began to sit up, so Salamoni fired three more times, hitting Sterling in the back, causing his death. The officers then retrieved a loaded gun from Sterling’s pocket.

“Although Sterling’s death is tragic,” a press release issued on the incident states, “the evidence does not meet these substantial evidentiary requirements.”  The release goes on to state, “Although the videos do not show Sterling’s right hand at the time those shots were fired, they show that Sterling’s right hand was not under Officer Salamoni’s control. The evidence also cannot establish that Sterling was not reaching for a gun when Officer Salamoni yelled that Sterling was doing so. Given the totality of the circumstances—that the officers had been fighting with Sterling and had attempted less-than-lethal methods of control; that they knew Sterling had a weapon; that Sterling had reportedly brandished a gun at another person; and that Sterling was much larger and stronger than either officer—the Department cannot prove either that the shots were unconstitutional or that they were willful”.

The case marks the first under Attorney General Jeff Sessions that the department has publicly refused to press charges against officers for potential wrongdoing in such a high profile case.

Sources:

Justice Department will not charge Baton Rouge officers in fatal shooting of Alton Sterling

Justice Department won’t charge officers in fatal shooting of black man in Louisiana