I want you to notice these things, then stop telling yourself that what the officers did was justified.
While this summary is based on, and consistent with, all facts known to the government.....
The videos show the officers as they arrived on scene and engaged with Sterling. The videos show that the officers directed Sterling to put his hands on the hood of a car. When Sterling did not comply, the officers placed their hands on Sterling, and he struggled with the officers. Officer Salamoni then pulled out his gun and pointed it at Sterling’s head, at which point Sterling placed his hands on the hood. After Sterling briefly attempted to move his hands from the hood, Officer Lake then used a Taser on Sterling, who fell to his knees, but then began to get back up. The officers ordered him to get down, and Officer Lake attempted unsuccessfully to use his Taser on Sterling again. Officer Salamoni holstered his weapon, and then tackled Sterling; both went to the ground, with Officer Salamoni on top of Sterling, who was on his back with his right hand and shoulder partially under the hood of a car. Officer Lake joined them on the ground, kneeling on Sterling’s left arm while Officer Salamoni attempted to gain control over Sterling’s right arm. Officer Salamoni then yelled, “Going for his pocket. He’s got a gun! Gun!” Officer Salamoni then unsuccessfully attempted to gain control of Sterling’s right hand, while Officer Lake drew his weapon and yelled at Sterling, again directing him not to move. Less than one second later, during a point at which the location of Sterling’s right hand was not visible to the cameras, Officer Salamoni again yelled that Sterling was “going for the gun!” Officer Salamoni then fired three shots into Sterling’s chest.
(The police had no real knowledge that this man was going for a gun. Besides, it used to be that a gun had to be drawn before police could shoot, not that they believed he was going for a gun. Louisiana is an open carry state.)
In light of the officers’ explanations of the shooting, the government, in order to prove a Fourth Amendment violation, would be required to (1) disprove the officers’ accounts, (2) prove an alternative account that demonstrates that the officers’ actions were objectively unreasonable; and (3) prove that the officers knew that their actions were unreasonable and took them anyway. The evidence in this case is insufficient to bear the heavy burden of proof under federal criminal civil rights law.
The Justice Department announced today that the independent federal investigation into the fatal shooting of Alton Sterling on July 5, 2016, in Baton Rouge, Louisiana, found insufficient evidence to support federal criminal charges against Baton Rouge Police Department (BRPD) Officers Blane...
www.justice.gov