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LOS ANGELES – Last year, two Sacramento police officers who shot dead an unarmed black man in his grandmother's garden will not be subject to criminal prosecution, District Attorney Sacramento, arousing new indignation in a city animated by the events that followed.
For close to a year, community members and activists have demanded that the police report the death of 22-year-old Stephon Clark, killed in March by Terrence Mercadal and Jared Robinet. The two officers had been sent to investigate a complaint of systematic vandalism. Less than 10 minutes after their arrival, after a brief chase, Mr. Clark was dead.
The shooting triggered waves of protests in Sacramento that closed the busy streets, disrupted sports events, and overtook council meetings. Clark's death is of national significance because of continuing tension over discriminatory police in black neighborhoods and excessive use of force by police officers.
"Has a crime been committed? There is no doubt that a human being is dead, "District Attorney Anne Marie Schubert said Saturday in Sacramento. "But when we look at the facts and the law and respect our ethical responsibilities, the answer to that question is no. And therefore, we will not charge these officers. "
Ms. Schubert said the officers had a probable cause to arrest and detain Mr. Clark. She added that the police are legally justified in using lethal force "if the officer believes honestly and reasonably" that he is at risk of death or injury.
"We have to recognize that they are often forced to make decisions in a split second," she said. "We must also recognize that they are subject to tense, uncertain and rapidly changing circumstances."
The officers fired their weapons 20 times in Mr. Clark's direction a few seconds after turning blind. "The two officers believed that he was showing them a gun," Ms. Schubert said. She added that the video of the police showed that Mr. Clark "was moving" on the agents.
Mr. Clark was later found unarmed; his mobile phone was found under his body.
An autopsy published by the Sacramento County Coroner's Office in May found at least seven bullets struck by Mr. Clark.
Black activists have long expressed frustration over how their departments have been monitored by the Sacramento Police Department and the Sacramento County Sheriff.
After the shooting, the Sacramento Police Department sought to quickly suppress public outrage. The ministry released images of the body's camera a few days after the shoot. Daniel Hahn, the first black police chief in the city, reiterated that the department needed training related to racial discrimination and de-escalation tactics. The following month, the Sacramento Police Department issued new instructions on when agents can mute their body cameras.
In July, the ministry also implemented a foot pursuit policy that asks officers to assess whether the need for apprehension justifies the risk to the safety of officers, the public and the fugitive suspect.
Mr. Hahn and the department did not comment on the actions of Agent Mercadal and Agent Robinet in particular. The ministry did not return a request for comment on Saturday.
In January, Mr. Clark's family took legal action for wrongful death against the city of Sacramento and its two officers.
During her presentation, Ms. Schubert noted that Mr. Clark had been charged with domestic violence a few days before his death. A review of his mobile phone, conducted by the California Department of Justice, revealed that text messages suggested a tense relationship between Mr. Clark and the mother of one of his children.
The review also revealed that he had researched how to commit suicide, she said.
"All of this shows that a lot of things weigh heavily," Schubert told Clark on the day of his death. She added that the facts were uncomfortable but relevant to her legal recommendation not to indict officers, as they would be relevant to a jury.
As she noted, the police did not know anything about it when they were looking for vandals in the neighborhood.
But even with this reasoning, the prosecutor's presentation did not please local activists.
"I'm disgusted and disrespectful," said Tanya Faison, who runs the local group Black Lives Matter, in a statement posted on Twitter. "He was completely ignored. The mother of her child was completely disrespected. "
Mr. Clark's family, contacted through their lawyers, did not respond to a request for comment.
Anticipating further protests against the announcement, Schubert sought a conciliatory tone throughout her presentation.
"I do not think it's about people being very angry and very angry," she said. "But I want people to understand that the fact that no criminal charges will be laid in this case does not diminish the tragedy, anger, frustration we've heard since the moment of his death."
"We can not ignore that. I, as an elected official, as a leader facing the public, as a human being, we can not ignore that there is a rage in our community. "
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