MINNEAPOLIS (Reuters) – Two Minneapolis police officers involved in the shooting death of a 24-year-old black man will not be charged, prosecutors said on Wednesday, because evidence showed Jamar Clark was not handcuffed and that he reached for an officer’s gun.
Hennepin County Attorney Mike Freeman told a news conference that Clark struggled with Officers Mark Ringgenberg and Dustin Schwarze, who are white, was not handcuffed and at one point had his hand on a gun.
Freeman told reporters the officers said that without the use of deadly force Clark would have taken possession of the gun. “Each stated their independent fear of being shot,” he said. “Accordingly, the head of the county attorney’s office has concluded criminal charges are not warranted.”
Freeman made the decision not to charge the officers, bypassing use of a grand jury.
Clark’s shooting came at a time of fierce national debate over the use of excessive force by police, especially against black men. Minneapolis is one of a number of U.S. cities that have seen protests over killings by police.
Activists at the news conference criticized the decision not to charge the officers and questioned why Clark was shot 61 seconds after police arrived at the scene.
“We are leaving here with more questions than answers,” said Nekima Levy-Pounds, president of the Minneapolis chapter of the National Association for the Advancement of Colored People.
Freeman’s remarks, interviews that had been conducted, police and autopsy reports and video related to the case were posted on his office’s website on Wednesday.
Fred Bruno, the attorney for Schwarze, lauded the decision not to charge his client, the officer who shot Clark.
“The scientific evidence and objective witness statements now conclusively show that Mr. Clark was neither unarmed nor handcuffed. He had control of an officer’s gun. Officer Schwarze responded in accordance with his training, and as the law required him to act,” Bruno said in a statement.
The attorney for Ringgenberg could not be reached for comment.
Minneapolis Mayor Betsy Hodges said she understood the anger of many residents and note that the U.S. Justice Department and the U.S. Attorney’s Office are investigating the shooting. There will then be an internal police investigation to decide if the officers should be disciplined.
“Today is a hard day for everyone in the city of Minneapolis,” she told reporters.
On Nov. 15, 2015, police said they responded to a request to assist an ambulance that had been sent to north Minneapolis to treat Clark’s girlfriend. Freeman said she had been assaulted by Clark.
Police said Clark was shot during a struggle after he confronted paramedics and impeded their ability help her. Clark died the next day.
Freeman said one of the officers tried to handcuff Clark and DNA evidence showed that in the ensuing struggle Clark got his hand on Ringgenberg’s gun as they both lay on the ground.
“Nothing scares a cop more than somebody trying to take their gun,” Freeman told reporters on a conference call later on Wednesday.
Some witnesses had said Clark was handcuffed or restrained on the ground when he was shot.
Freeman said Schwarze took out his gun, put it to the edge of Clark’s mouth and told him to let go or he would be shot. Freeman said Clark told Schwarze, “I’m ready to die,” but only the police heard the comment.
At that point, Schwarze pulled the trigger but the gun failed to fire because the slide was only partially pulled back, Freeman said. Schwarze fired again after he heard a panicked Ringgenberg urge him to shoot Clark, Freeman said.
Clark’s comments were not recorded because Minneapolis police do not wear body cameras. The dash-board video camera on the patrol car did not automatically start because the lights and siren, which trigger it, had not been used due to the nature of the call, Freeman said.
Freeman also said Clark’s toxicology report showed he had a blood alcohol level of .09 and had in his blood tetrahydrocannabinol (THC), the main psychoactive component in marijuana. In Minnesota, a blood alcohol level of .08 is the level at which one is considered to be driving drunk.
Black Lives Matter activist Johnetta Elzie questioned the pertinence of that information. “This has what to do with the police killing him?! Same script, different dead black body,” she wrote on Twitter.
State Rep. Raymond Dehn, who represents the area where the shooting occurred, said in a statement that he was upset that charges would not filed against the officers. He called on residents who felt as he did to avoid violence and work to change a criminal justice system that “disproportionately negatively impacts communities of color.”
By Todd Melby
(Additional reporting by Suzannah Gonzales, writing by Ben Klayman; Editing by Fiona Ortiz and Bill Rigby)