Howie Lake II, the officer who tased Alton Sterling before Blane Salamoni shot him to death in 2016, is being dismissed from a wrongful death lawsuit related to the killing, according to the Associated Press.

Family members of Sterling sued the city of Baton Rouge, the local police department, the police chief as well as Salamoni and Lake in 2017.

But The Advocate reported that State District Judge William Morvant ruled on Monday that Lake should be removed from the lawsuit because he did not fire any shots at the 37-year-old.

Lake's lawyer, Kyle Kershaw, told the newspaper that despite helping Salamoni wrestle Sterling to the ground and tasing him, there was absolutely nothing he could have done to stop Salamoni from killing him.

He added that the judge believed Lake's actions were objectively reasonable.

Salamoni shot Sterling six times while he was on the ground. Cellphone video of the incident caused widespread outrage and protests. Despite the video showing what happened, both Salamoni and Lake never faced any charges for the killing.

Salamoni and Lake can be seen in the video sitting on top of Sterling before Salamoni shoots him in the chest repeatedly. Despite what is seen on video, both officers said Sterling had a gun in his pocket and that was why they shot him.

Both federal and state prosecutors decided against charging either officer in the case. Two years later, Salamoni was fired by the police chief but appealed it and was allowed to resign, according to The Advocate.

Lake spent years appealing the minuscule three-day suspension he received but eventually dropped it. He is still working as a police officer today.

The decision to drop Lake from the lawsuit came as the trial prepares to start in March of next year. The judge ruled that lawyers are only allowed to depose Baton Rouge Police Chief Murphy Paul and Salamoni but not Lake or East Baton Rouge Parish Mayor-President Sharon Weston Broome, The Advocate reported.

The East Baton Rouge Metro Council and Sterling's family originally reached a $5 million settlement, but earlier this month the council voted against the deal and the case will be headed to trial on March 1, the Associated Press reported.

“It was perfectly clear that the city council had no clue what is going on in this case. It was clear they were not informed about anything going on in this case and that puts the city at risk. The misinformation that was given lay in the hands of the parish attorney,” said L. Chris Stewart, the lawyer for Sterling's children.

“When a jury actually hears all the horrific things, not just what officer Salamoni did, which the video backed up, but what supervisors and superiors did to allow him to remain on the force, that jury verdict could easily be $100 million,” Stewart added.

The Advocate reported that due to a clerical error, the city council will revisit the deal during an October 14 meeting.

According to a Blavity report from 2019, Baton Rouge Police Chief Paul apologized to Sterling's family for even hiring Salamoni, during a press conference.

“We are sorry Baton Rouge. I want to apologize to the family of Alton Sterling and also to his kids. We’re sorry because he should have never been hired. I sincerely apologize for the actions of the past and the role that our profession has played in building barriers in communities of color in Baton Rouge,” Paul said.

Howie Lake II

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