MINNEAPOLIS -- Minnesota's U.S. attorney on Wednesday declined to file criminal civil-rights charges against two white Minneapolis police officers in the November shooting death of a black man that sparked weeks of protests.
Andrew Luger said there was insufficient evidence to support charges against the two officers who attempted to arrest Jamar Clark, 24, after a report that he was interfering with paramedics treating an assault victim.
Clark was shot once in the head Nov. 15 and died a day later.
A key issue was whether Clark was handcuffed when he was shot. Luger said at a news conference that evidence indicated Clark was not restrained at the time.
"Given the lack of bruising, the lack of Mr. Clark's DNA on the handcuffs and the deeply conflicting testimony about whether he was handcuffed, we determined that we could not pursue this case based on a prosecution theory that Mr. Clark was handcuffed at the time he was shot," Luger said.
Luger said "highly contradictory" testimony from witnesses would make it too difficult to prove beyond a reasonable doubt that officers Mark Ringgenberg and Dustin Schwarze acted outside of the law.
The killing set off weeks of protests, including an 18-day tent encampment outside the Police Department's 4th Precinct on the north side.
According to a Minnesota Bureau of Criminal Apprehension investigation, Clark refused to remove his hands from his pockets. The officers tried to handcuff him but failed. Ringgenberg wrestled Clark to the ground but wound up on his back atop Clark and felt Clark's hand on his weapon, according to the investigation.
Schwarze then shot Clark in an encounter that lasted barely more than a minute from the time the officers arrived.
"There are no winners here," Luger said, adding: "A young man has died. And it is tragic."
Schwarze's attorney, Fred Bruno, said the decision was no surprise and that two independent investigations have reached the same conclusion.
"The chances of that happening are pretty slim unless the facts are the facts and the officers are justified in doing what they did," Bruno said.
The U.S. attorney's office in Minnesota and the Justice Department's Civil Rights Division conducted the federal civil-rights investigation on the request of Mayor Betsy Hodges to determine whether the officers intentionally violated Clark's civil-rights through excessive force. That's a high legal standard because an accident, bad judgment or simple negligence is not enough to carry federal charges.
With the federal investigation completed, Hodges said the city will proceed with the internal investigation.
"I understand this decision has struck at the heart of a painful tension in the community," Hodges said in a statement Wednesday. "What we can do now is move forward together to build a city that is safe and equitable for everyone."
Minneapolis Police Chief Janee Harteau said she hopes the public will accept the conclusions of the investigations.
"I have full faith in this independent investigation," Harteau said in the city's statement.
Lt. Bob Kroll, president of the Minneapolis police union, said Wednesday's announcement confirms what the union has said from the start -- "that the actions of these officers were justified."
"Clark ultimately dictated the circumstances of the situation, and the officers' actions were necessary," Kroll said in a news release.
The Justice Department also is reviewing how the city responded to the protests after Clark's death. Though those protests were largely peaceful, one demonstration outside the 4th Precinct soon after the shooting included some skirmishes between officers and protesters. At least one federal lawsuit has been filed accusing officers of excessive force during a Nov. 18 demonstration.
Information for this article was contributed by Doug Glass and Gretchen Ehlke of The Associated Press.
A Section on 06/02/2016