Justice Department Moving to Close Investigation Into Police Killing of Michael Brown
Federal prosecutors have started drafting a memo recommending that Darren Wilson, the police officer who killed Brown, not face charges for violating the 18-year-old's civil rights, The New York Times reported
BY DAN FRIEDMAN
NEW YORK DAILY NEWS
Wednesday, January 21, 2015, 9:28 PM
WASHINGTON — The Justice Department is moving to close an investigation into the fatal shooting of Michael Brown in Ferguson, Mo. — clearing the white police officer who shot the black teenager, according to a report Wednesday.
Federal prosecutors are drafting a memo recommending Darren Wilson, the police officer who killed Brown, should not face charges for violating the 18-year-old’s civil rights, The New York Times reported.
An FBI investigation has found no evidence to support charges against Wilson, though a federal civil rights investigation into whether Ferguson police engaged in discriminatory traffic stops and used excessive force remains open, the Times reported.
The Ferguson Police Department is overwhelmingly white, while the town, near St. Louis, is mostly black.
Benjamin Crump, a lawyer for the Brown family, said they will “wait for official word from the Justice Department” before commenting. “The family won’t address speculation from anonymous sources,” Crump said in a statement.
An FBI investigation has found no evidence to support charges against Darren Wilson, though a federal civil rights investigation into whether Ferguson police engaged in discriminatory traffic stops and used excessive force remains open, the New York Times reported.
A Justice Department spokesman did not respond to an inquiry Wednesday.
A grand jury decided in November not to indict Wilson in Brown’s death.
Wilson has said that after he told Brown and a friend to move off a street to a sidewalk, Brown punched him, reached for his gun during a struggle, then charged him, causing Wilson to shoot Brown in self-defense.
Wilson resigned from the Ferguson Police Department after the incident.
The grand jury decision set off riots and protests in Ferguson and demonstrations around the country. If protests arise this time, the NYPD is ready, said Deputy Chief Kim Royster, spokeswoman for the department.
“The NYPD will support individuals expressing their First Amendment rights as long as it is peaceful and lawful,” she said.
Brown’s case is often linked to the death of Eric Garner in Staten Island last July. Garner, who was unarmed, died after NYPD Officer Daniel Pantaleo put him in a chokehold, which the department prohibits, during a struggle. Officers suspected Garner of illegally selling cigarettes.
A grand jury in Staten Island declined in December to indict Pantaleo.
Wilson has said that after he told Brown and a friend to move off a street to a sidewalk, Brown punched him, reached for his gun during a struggle, then charged him, causing Wilson to shoot Brown in self-defense.
The Justice Department is still conducting a civil rights investigation into Garner’s death.
Justice Department officials have said that in both cases, after local grand juries declined to indict, investigators have to meet a high legal bar to charge officers with civil rights violations.
A high-ranking Justice official in a previous administration said that the key legal standard at play — having to prove the “intentional” nature of an act — “made it virtually inconceivable that there would be a criminal federal indictment given the conflicting nature of the evidence.”
Two former department lawyers said that a civil action against Wilson and even St. Louis County could remain a possibility.
With James Warren, Joseph Stepansky
dfriedman@nydailynews.com
BY DAN FRIEDMAN
NEW YORK DAILY NEWS
Wednesday, January 21, 2015, 9:28 PM
WASHINGTON — The Justice Department is moving to close an investigation into the fatal shooting of Michael Brown in Ferguson, Mo. — clearing the white police officer who shot the black teenager, according to a report Wednesday.
Federal prosecutors are drafting a memo recommending Darren Wilson, the police officer who killed Brown, should not face charges for violating the 18-year-old’s civil rights, The New York Times reported.
An FBI investigation has found no evidence to support charges against Wilson, though a federal civil rights investigation into whether Ferguson police engaged in discriminatory traffic stops and used excessive force remains open, the Times reported.
The Ferguson Police Department is overwhelmingly white, while the town, near St. Louis, is mostly black.
Benjamin Crump, a lawyer for the Brown family, said they will “wait for official word from the Justice Department” before commenting. “The family won’t address speculation from anonymous sources,” Crump said in a statement.
An FBI investigation has found no evidence to support charges against Darren Wilson, though a federal civil rights investigation into whether Ferguson police engaged in discriminatory traffic stops and used excessive force remains open, the New York Times reported.
A Justice Department spokesman did not respond to an inquiry Wednesday.
A grand jury decided in November not to indict Wilson in Brown’s death.
Wilson has said that after he told Brown and a friend to move off a street to a sidewalk, Brown punched him, reached for his gun during a struggle, then charged him, causing Wilson to shoot Brown in self-defense.
Wilson resigned from the Ferguson Police Department after the incident.
The grand jury decision set off riots and protests in Ferguson and demonstrations around the country. If protests arise this time, the NYPD is ready, said Deputy Chief Kim Royster, spokeswoman for the department.
“The NYPD will support individuals expressing their First Amendment rights as long as it is peaceful and lawful,” she said.
Brown’s case is often linked to the death of Eric Garner in Staten Island last July. Garner, who was unarmed, died after NYPD Officer Daniel Pantaleo put him in a chokehold, which the department prohibits, during a struggle. Officers suspected Garner of illegally selling cigarettes.
A grand jury in Staten Island declined in December to indict Pantaleo.
Wilson has said that after he told Brown and a friend to move off a street to a sidewalk, Brown punched him, reached for his gun during a struggle, then charged him, causing Wilson to shoot Brown in self-defense.
The Justice Department is still conducting a civil rights investigation into Garner’s death.
Justice Department officials have said that in both cases, after local grand juries declined to indict, investigators have to meet a high legal bar to charge officers with civil rights violations.
A high-ranking Justice official in a previous administration said that the key legal standard at play — having to prove the “intentional” nature of an act — “made it virtually inconceivable that there would be a criminal federal indictment given the conflicting nature of the evidence.”
Two former department lawyers said that a civil action against Wilson and even St. Louis County could remain a possibility.
With James Warren, Joseph Stepansky
dfriedman@nydailynews.com
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