A police officer who killed a 17-year-old outside a mall in Milwaukee, Wisconsin will not be charged in the black teenager’s death after the district attorney found he had “an actual subjective belief that deadly force was necessary”.
Protests sparked throughout the state after Joseph Mensah, a black police officer in Wauwatosa, shot 17-year-old Alvin Cole outside Mayfair Mall in February after police responded to a reported disturbance at the shopping centre.
Milwaukee County District Attorney John Chisholm, in a 14-page letter laying out his rationale, said evidence showed Cole fled from police carrying a stolen 9 mm handgun.
He cited squad car audio evidence, along with testimony from Mr Mensah and two fellow officers, that he said showed Mr Cole had fired a shot while fleeing and refused commands to drop the gun.
The teenager was the third person Mr Mensah has fatally shot since becoming an officer.
Governor Tony Evers announced on Wednesday that he had activated National Guard members as a precaution, though he didn’t say how many or how they were being used.
Scores of people surrounded the Milwaukee County Public Safety Building as the teen’s attorney and family members met with Mr Chisholm, some chanting, «Say his name! Alvin Cole!» and «Justice! When do we want it? Now!»
Mr Cole’s sister, Taleavia Cole, disputed the district attorney’s conclusion that her brother had fired at Mr Mensah, and said he should not be allowed to continue working as an officer.
«The fight continues. It doesn’t end here,» she said. «It’s time for DA Chisholm to retire or step down.»
Mr Chisholm also said that he didn’t believe the state had enough evidence to disprove that Mr Mensah was defending himself or others, so he couldn’t meet the burden required to bring charges. Kimberley Motley, a family attorney for the Coles, seized on Mr Chisholm’s wording.
«Chisholm did not say that the shooting was justified,» she said. «And that’s really important.»
Ms Motley, who also represents the families of the two other people killed by Mr Mensah, said if he had been fired earlier then Mr Cole would still be alive.
«We are not done fighting,» she said. «We are still going to fight for a conviction of Officer Joseph Mensah.»
The Wauwatosa Police and Fire Commission suspended Mr Mensah with pay in July, and he has appealed that suspension. The commission hired former US Attorney Steven Biskupic to investigate the case with an eye toward what discipline Mr Mensah might face. In a report released earlier on Wednesday, Mr Biskupic recommended that Mr Mensah be fired, saying the risk he might shoot a fourth person is too great.
