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Baton Rouge Officers Will Not Be Charged in Alton Sterling’s Killing Baton Rouge Officers Will Not Be Charged in Alton Sterling’s Killing
(35 minutes later)
A pair of white police officers in Baton Rouge, La., will not be prosecuted by the state authorities in a fatal shooting of a black man there almost two years ago. The decision brings another closely watched and widely scrutinized investigation of potential police misconduct to an end without charges.A pair of white police officers in Baton Rouge, La., will not be prosecuted by the state authorities in a fatal shooting of a black man there almost two years ago. The decision brings another closely watched and widely scrutinized investigation of potential police misconduct to an end without charges.
Louisiana Attorney General Jeff Landry announced his conclusion on Tuesday, almost 11 months after the United States Department of Justice declined to bring charges in the death of the man, Alton B. Sterling, was widely expected, in part because officers are rarely charged in connection with on-duty shootings. Louisiana Attorney General Jeff Landry announced his conclusion at a news conference on Tuesday, almost 11 months after the United States Department of Justice declined to bring charges in the death of the man, Alton B. Sterling, was widely expected, in part because officers are rarely charged in connection with on-duty shootings.
“The Louisiana Department of Justice cannot proceed with a prosecution,” Mr. Landry said at a news conference in Baton Rouge. He said the evidence available to state investigators showed that the officers had not acted outside the bounds of the law. In a separate written report that described the efforts by the officers to gain control of Mr. Sterling, as well as their belief that he was armed, Mr. Landry’s office said it had “concluded that the officers in question acted as reasonable officers under existing law and were justified in their use of force.”
Together, the decisions by Mr. Landry and by the Justice Department effectively end the threat of criminal prosecutions against Officers Blane Salamoni and Howie Lake II. The officers were called to the Triple S Food Mart on July 5, 2016, to respond to a report that a black man in a red shirt had brandished a gun and threatened someone. The officers and the man, Mr. Sterling, ended up in a confrontation that left Mr. Sterling dead, prompted large protests in Baton Rouge, the Louisiana capital, and broadened the national debate about law enforcement tactics and the influence of race on American policing. The decisions by Mr. Landry and by the Justice Department effectively end the threat of criminal prosecutions against Officers Blane Salamoni and Howie Lake II. The officers were called to the Triple S Food Mart on July 5, 2016, to respond to a report that a black man in a red shirt had brandished a gun and threatened someone. The officers and the man, Mr. Sterling, ended up in a confrontation that left Mr. Sterling dead, prompted large protests in Baton Rouge, the Louisiana capital, and broadened the national debate about law enforcement tactics and the influence of race on American policing.
In a widely seen cellphone video of the encounter between the officers and Mr. Sterling, 37, the officers hold Mr. Sterling down, and at one point someone can be heard saying, “He’s got a gun! Gun!” An officer immediately draws his weapon and, after some more shouting, what appear to be gunshots are heard. The camera points elsewhere, and there are more apparent gunshots. Officer Salamoni fired all of the rounds.In a widely seen cellphone video of the encounter between the officers and Mr. Sterling, 37, the officers hold Mr. Sterling down, and at one point someone can be heard saying, “He’s got a gun! Gun!” An officer immediately draws his weapon and, after some more shouting, what appear to be gunshots are heard. The camera points elsewhere, and there are more apparent gunshots. Officer Salamoni fired all of the rounds.
When the camera’s lens returns to Mr. Sterling, who had been selling CDs, neither officer is atop him; instead, he lies on the ground, bleeding.When the camera’s lens returns to Mr. Sterling, who had been selling CDs, neither officer is atop him; instead, he lies on the ground, bleeding.
Another video of the shooting, filmed by the owner of the store, depicted the encounter from a different angle. That video showed one of the officers removing something from Mr. Sterling’s pocket. Witnesses later said they saw a handgun on the ground next to Mr. Sterling — the federal government said it was a loaded .38 caliber revolver — but his relatives said they were not aware that he owned a gun.Another video of the shooting, filmed by the owner of the store, depicted the encounter from a different angle. That video showed one of the officers removing something from Mr. Sterling’s pocket. Witnesses later said they saw a handgun on the ground next to Mr. Sterling — the federal government said it was a loaded .38 caliber revolver — but his relatives said they were not aware that he owned a gun.
Mr. Sterling had a long criminal history, including convictions for battery and illegal possession of a gun.Mr. Sterling had a long criminal history, including convictions for battery and illegal possession of a gun.
The Justice Department, which said it could not meet the high legal standard required to charge a police officer with willfully violating someone’s civil rights, closed its inquiry last year. That decision was a significant disappointment to members of Mr. Sterling’s family and other critics of the police, who regarded the shooting as a murder. In a summary of its findings, the department said it had reviewed multiple videos of the encounter and interviewed both officers, who said Mr. Sterling had been resistant throughout the encounter.The Justice Department, which said it could not meet the high legal standard required to charge a police officer with willfully violating someone’s civil rights, closed its inquiry last year. That decision was a significant disappointment to members of Mr. Sterling’s family and other critics of the police, who regarded the shooting as a murder. In a summary of its findings, the department said it had reviewed multiple videos of the encounter and interviewed both officers, who said Mr. Sterling had been resistant throughout the encounter.
“Officer Salamoni reported that he saw the gun coming out and attempted to grab it, but Sterling jerked away and attempted to grab the gun again,” the Justice Department wrote last year. “Officer Salamoni then saw ‘silver’ and knew that he had seen a gun, so he began firing. Both officers reported that after the first three shots, they believed that Sterling was attempting to reach into his right pocket again, so Officer Salamoni fired three more times into Sterling’s back.”“Officer Salamoni reported that he saw the gun coming out and attempted to grab it, but Sterling jerked away and attempted to grab the gun again,” the Justice Department wrote last year. “Officer Salamoni then saw ‘silver’ and knew that he had seen a gun, so he began firing. Both officers reported that after the first three shots, they believed that Sterling was attempting to reach into his right pocket again, so Officer Salamoni fired three more times into Sterling’s back.”
Some witnesses offered contradictory accounts, but the Justice Department said the evidence was “insufficient to prove beyond a reasonable doubt” that the officers violated federal law, which requires that an officer act deliberately and not merely with negligence, poor judgment or error.Some witnesses offered contradictory accounts, but the Justice Department said the evidence was “insufficient to prove beyond a reasonable doubt” that the officers violated federal law, which requires that an officer act deliberately and not merely with negligence, poor judgment or error.
Yet L. Chris Stewart, a lawyer for Mr. Sterling’s family, said last year that Justice Department officials had informed them that the actions of the officers “were outrageous, were inappropriate, were not following procedure.”Yet L. Chris Stewart, a lawyer for Mr. Sterling’s family, said last year that Justice Department officials had informed them that the actions of the officers “were outrageous, were inappropriate, were not following procedure.”
Lawyers also said that Mr. Sterling’s relatives were shown enhanced video and audio clips revealing that Officer Salamoni had said to Mr. Sterling, “I’ll kill you, bitch,” or something like it, as he put a gun to Mr. Sterling’s head.Lawyers also said that Mr. Sterling’s relatives were shown enhanced video and audio clips revealing that Officer Salamoni had said to Mr. Sterling, “I’ll kill you, bitch,” or something like it, as he put a gun to Mr. Sterling’s head.
When the Justice Department ended its review, there were renewed protests in Baton Rouge, but they were relatively muted compared to those the previous summer. It then fell to Mr. Landry to determine whether the state would bring any charges.When the Justice Department ended its review, there were renewed protests in Baton Rouge, but they were relatively muted compared to those the previous summer. It then fell to Mr. Landry to determine whether the state would bring any charges.
In his announcement on Tuesday, Mr. Landry broadly echoed the Justice Department’s findings and defended the conduct of the officers, saying, for example, that their efforts to gain control of Mr. Sterling’s hands were “well-founded and reasonable under the circumstances and under Louisiana law.” He also said the officers were justified in their concern about whether Mr. Sterling was armed.
Mr. Landry noted that it was not his office’s role “to determine whether the Baton Rouge Police Department’s policy was followed, or if certain tactics or language was more appropriate than others.”
Officers Salamoni and Lake have been on paid leave since the shooting.Officers Salamoni and Lake have been on paid leave since the shooting.
Before his announcement on Tuesday, Mr. Landry, a Republican former congressman who was elected attorney general in 2015, had said relatively little about the case. Soon after the shooting, he described it as “a tragic incident.”Before his announcement on Tuesday, Mr. Landry, a Republican former congressman who was elected attorney general in 2015, had said relatively little about the case. Soon after the shooting, he described it as “a tragic incident.”
As officials in Baton Rouge braced on Tuesday for more demonstrations, he adopted a similar tone.
“As with every criminal case, we must analyze the evidence, the law and the facts and then draw a conclusion,” he said. “But we are always mindful of the human element. I know the Sterling family is hurting. I know that they do not agree with this decision.”