Two Sacramento officers who fatally shot an unarmed Black man in Sacramento will not face federal charges.
The Sacramento Police Department and federal authorities made the decision Thursday, clearing Terrence Mercadal and Jared Robinet in the killing of Stephon Clark.
In a statement Thursday, the Sacramento Police Department said it conducted a thorough investigation of the officer-involved shooting that took place on March 18, 2018 and concluded that the use of deadly force in the case was lawful.
"Our internal investigation concluded that there were no violations of department policy or training," Police Chief Daniel Hahn said. "The officers involved in this case will return to full, active duty.”
The FBI also made its decision on the same day, saying it didn't find enough evidence to pursue federal criminal civil rights charges against the officers.
"After a careful and thorough review into the facts surrounding the shooting, federal investigators and prosecutors determined that there is insufficient evidence to prove beyond a reasonable doubt a violation of the federal statute," the Department of Justice said in a statement. "Accordingly, the investigation into this incident has been closed."
Police were responding to a call about a man breaking into a car when the shooting happened last March. Officers arrived at the scene and identified Clark as the suspect, shooting him as he ran into his grandmother's backyard. The man who made the call said he's scared to ever contact 911 again.
In a statement following the shooting, police said the officers believed Clark was holding a gun, but it turned out to be his cellphone.
The Sacramento Police Department said it has published various records online in an effort to communicate openly with the community, including video and audio of the incident as well police reports.
Clark's brother, Stevante Clark, spoke with The Sacramento Bee Thursday and said the Clark family is failed again.
“I’m not surprised or shocked, we’ve been denied justice for generations. The only thing that caught me off guard, was Chief Hahn is letting one of the officers back to patrol on the streets," Clark told The Bee. "That is f***ed up. Our streets are not safe with a murderer on the streets."
The Clark family’s lawyer, Dale Galipo, also spoke with The Bee and said he is disappointed, but not surprised.
"I think with few exceptions in the last 10,000 police officer shootings, there’s been no criminal prosecutions,” Galipo said.
Speaking to reporters after Thursday's decision, Clark said "Sacramento police should know the difference between a gun and a cell phone and my brother should be with us today."
District Attorney Anne Marie Schubert also cleared the two officers earlier this year, saying they acted lawfully under the circumstances.
The shooting fueled protests in Sacramento and around the US from the time of the incident to this year.
According to the Bee, Black Lives Matter in Sacramento wasn't planning a protest after the decision Thursday.
“It’s unfortunate that the legal means never worked for communities like Meadowview, for families like the Clark family, people who walk around with black skin,” Sonia Lewis, a leader of Sacramento's BLM chapter, told the Bee. “Why do they continue to pay out millions of dollars in lawsuits when one of our loved ones is murdered, but they won’t face the consequences or acknowledge guilt for killing them?”
