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Blake was shot several times in the back on August 23. The shooting left him paralyzed from waist to toe and sparked violent protests, riots and looting.
WARNING: disturbing video – Kenosha police shooting filmed
The officer involved in the shooting, identified by authorities as Officer Rusten Sheskey, neither any other officer nor Blake himself will face charges, District Attorney Michael Gravely said Tuesday afternoon.
WATCH: Kenosha DA announces impeachment decision
Gravely and his team took almost two hours to contextualize what he called a “domestic incident”. Gravely described how Blake’s mother of children, Laquisha Booker, called 911 to report that Blake had taken the keys to his rental car and was planning to take off with the vehicle and their children. He played the audio of that 911 call for the press.
Police arrived knowing there was a felony warrant for Blake, and Gravely confirmed Blake had a knife on them, which they say they admitted to state investigators.
WATCH: Legal analysts discuss Kenosha’s impeachment decision
Use of force expert and former Madison Police Chief Noble Wray said police actions that day were in line with police training and protocol.
“They had no choice, firing the guns after the physical measures didn’t work,” Wray said.
Gravely argued that he would not be able to convince a jury that Agent Sheskey was not fearful for his life at the time, or that harm would not be caused to others if he had not acted in self-defense.
“When there is sufficient information to invoke self-defense, the burden of proof falls on the state, it is on the prosecutor to refute the self-defense. We will therefore have to refute the clear expression of these officers that they had to fire a weapon. to defend themselves, they must refute this negative, ”he said.
Sheskey and the other officers at the scene have been placed on administrative leave and remain on administrative leave for the time being, the police department said.
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“This really illustrates why these police lawsuits are so difficult to bring because they have to show that the government should show that the police officer did not reasonably believe that lethal force was necessary to prevent his death or serious injury. And the evidence. here, showed that there was a knife that I don’t think was in dispute, “said Gil Soffer, legal analyst at ABC7.” And so the government has to show that the officer was not reasonably concerned that Jacob Blake, uses the knife against them, obviously they concluded they couldn’t prove it.
Chicago and Wisconsin criminal defense attorney Anthony Burch said if a jury examined what happened here last summer, it could determine the police were criminally harsh.
“What was the threat level to him? One way to describe it might not be that Mr. Blake was trying to run away. It could be an argument that could have been made he was trying to defuse the situation,” Burch said.
What Burch takes away from the prosecutor’s unusual public pleading is that he could have won it at trial.
“The facts presented by the state attorney at this press conference could have been presented in a different way, where a trier of fact would be able to return a guilty verdict against the Sheskey officers,” a- he declared.
Gravely called Blake personally to tell him no charges would be laid. Blake’s family were heartbroken and furious.
“This is a slap in the face from the Wisconsin government and DA perpetuating systemic racism. Where was the justice?” said Justin Blake, Jacob’s uncle. “It’s 2021; we’re going to call everything for what it is. He was a racist. He attempted to murder my nephew. He should be fired, charged and sentenced.”
They marched for months, demanding that lawsuits be filed, but that did not happen.
“We are not happy with what was said today. We expected it; it did not sway us or made us jump from behind. We understood what was to come when they called the Guard. national, “Blake’s father Jacob Blake Sr. said speaking in Chicago after the announcement.
Blake’s uncle, his family in Kenosha and community organizers led another march on Tuesday night after the verdict.
“Every day we get up, put on our boots and fight because we have no choice,” said Justin Blake.
WATCH: Jacob Blake’s uncle reacts to decision not to charge cops
Blake’s attorney said he was the victim that night and the video proves it.
“Shooting at an individual seven times while walking away from a police officer is all elements of intentional homicide that have been encountered,” said B’Ivory Lamarr, lawyer.
A federal civil rights investigation is underway into the shooting, and the family said they also intend to pursue a civil case.
WATCH: Jacob Blake, Sr. speaks in Chicago
Justin Blake and activists also noted that, pending the outcome of the Jacob case, this fight has always been more important than Jacob Blake and the Kenosha Police.
“The power is within us to make the change, if you really believe what this government is built on,” Justin Blake told the protest.
Benjamin Crump, one of the attorneys representing Blake, released a statement after the ruling was announced, saying in part: “We are extremely disappointed with the decision of Kenosha District Attorney Michael Gravely not to indict the agents involved in this horrific shooting. We feel this decision. not only Jacob and his family failed, but also the community who protested and demanded justice. Constable Sheskey’s actions sparked outrage and advocacy across the country, but the district attorney’s decision not to charge the officer who repeatedly shot Jacob in the back, leaving him paralyzed, further destroys confidence in our justice system. It sends the wrong message to police officers across the country. It is okay for the police to abuse their power and recklessly fire their gun, destroying the life of someone who was trying to protect their children. “
Kenosha City Council voted unanimously on Monday evening to approve a declaration of emergency that would take effect immediately after the decision. Wisconsin Governor Tony Evers has also authorized the Wisconsin National Guard to help control the civil unrest.
Governor Evers issued a statement following the indictment decision, saying in part: “Today’s decision is further proof that our job is not done – we must work seriously every day for a Fairer, more just and more equitable state and country, and to fight the racism suffered by black people in Wisconsin. I hope that peace and justice will be for Jacob, his family and the entire community of Kenosha. I reaffirm my commitment to act to build a fairer and more equitable state for every Wisconsinite. And I ask those who will exercise their right to assemble tonight and in the days to come to do so, please do so peacefully and safely. “
RELATED: Full Timeline of Jacob Blake’s Shooting, Protests, Unrest
Calls for justice have now crossed the seasons. In the sweltering summer heat until freezing winter evenings, activists surrounded the now snow-covered streets of Kenosha to demand that the officer be fired.
“Based on what has happened in our country, it probably won’t go in Jacob’s favor because they don’t value us, our lives. They value properties and businesses,” said Tanya McLean. , a Kenosha Leaders activist.
Mayor John Antaramian and Police Chief Daniel Miskinis said they were working on plans to protect peaceful protests and prevent unrest like those seen in the days following the shooting.
The Blake family led a small protest on Tuesday night but insisted they did not support any violence following the ruling.
WATCH: Kenosha’s businesses go on board, bracing for potential civil unrest
Some Kenosha companies have embarked again in anticipation of the impeachment decision.
“It’s a feeling of unease. We don’t know what’s going to happen,” Ajillian Burrell-Warfield said. Her husband was helping reinstall boards to protect her hair salon, Textures RX.
“I took them off for the holidays so I could put on holiday decorations and try to get some normalcy back,” Burrell-Warfield said.
They hope to be spared a repeat of civil unrest and destruction that took place for weeks afterward.
“They broke our windows, they broke our equipment,” said Colleen Gimik of Jackson Hewitt. “I hope that people outside of our communities stay outside of our community.
Justin Blake said his nephew was focused on his recovery and on inspiring his family. He wanted to encourage the community to come together to seek justice in his case. He said they were hoping for charges in the case, but pleaded with the community to remain peaceful.
“People have a right to be upset,” said Justin Blake. “We’re just asking them to be upset and make a lot of noise with the Blake family today, without being destructive.”
Kyle Rittenhouse pleaded not guilty Tuesday, after shooting two people to death and injuring a third during the unrest last summer in Kenosha.
Chicago Police are also monitoring fallout after the Blake decision.
In a statement, CPD said it was “closely monitoring events in Kenosha” and that “the appropriate resources and manpower will be maintained” to keep the city safe.
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