Prosecutors in Sacramento, California announced Saturday that charges would not be filed against two Sacramento police officers for the fatal shooting of Stephon Clark, saying video evidence showed that the cops had a reasonable belief Clark had a weapon and was threatening their lives.
Stephon Clark, 22, was shot seven times by police last March while officers were searching for a suspect reportedly smashing car windows in the neighborhood. Video from a sheriff's department helicopter showed Clark jumping a fence into a yard moments before officers shot him. Police were not aware at the time that Clark was entering his grandmother's backyard.
During a press conference announcing the decision, Sacramento District Attorney Anne Marie Schubert said evidence showed Clark advancing on Officers Terrance Mercadal and Jared Robinet and was in a shooting "posture" when the officers opened fire. Both officers said they saw a light that appeared to be a flash from the muzzle of a gun, or light reflecting off a firearm.
"We must recognize that they are often forced to make split-second decisions and we must recognize that they are under tense, uncertain and rapidly evolving circumstances," Schubert said.
Clark was not armed at the time of the incident and was only found with a cellphone.
"Clearly we all know he didn’t have a gun," Schubert said. "But the officers didn’t know that."
Investigators found officers mistook a white and pink iPhone in Clark's hands as a gun. The officer-involved shooting led to dozens of angry protests nationwide.
The review of the shooting by the D.A.'s office was based on video recordings of the incident, autopsy reports and witness interviews.
"The evidence in this case demonstrates that both officers had an honest and reasonable belief that they were in imminent danger of death or great bodily injury," Schubert wrote in a seven-page summary. "Therefore, the shooting of Mr. Clark was lawful and no criminal charges will be filed."
Clark's family have filed a wrongful death lawsuit against the city in January, seeking more than $20 million. The family are also suing the two officers, Mercadal and Robinet, alleging that the cops used excessive force and that Clark had died as a result of racial profiling. Both officers were placed on administrative leave following the incident, but both were back on the job a few weeks later.
Schubert says she realizes many people will be upset by the D.A. office's findings, but the decision "does not diminish in any way the tragedy" of the loss of a human life.
"A young man lost his life and many lives have been irreversibly changed. No decision or report will restore Stephon Clark’s life," Schubert wrote.
Photo: Sacramento County D.A.'s Office