No charges for 2 Minneapolis officers in fatal shooting

MINNEAPOLIS – Two white police officers involved in the fatal shooting of a black man last fall will not face criminal charges, a prosecutor announced Wednesday in a decision that drew outrage from community members who said the move showed the legal system is rigged against African-Americans.

Hennepin County Attorney Mike Freeman said his decision not to charge the officers in the death of 24-year-old Jamar Clark was based on forensic evidence that showed Clark was not handcuffed, as claimed by some witnesses, and had attempted to grab an officer’s weapon, which made them fear for their lives and justified use of deadly force.

Clark ignored warnings to take his hands off Mark Ringgenberg’s gun before he was shot and told Ringgenberg and officer Dustin Schwarze: “I’m ready to die,” the prosecutor said.

Freeman described his decision, starting with police reports and witnesses. Community members who attended the presentation said the prosecutor relied too heavily on police accounts.

“This is a fairy tale. None of this happened,” said Mel Reeves, an organizer for a group called Twin Cities Coalition 4 Justice 4 Jamar Clark. “It sends us a clear message that the police are above the law.”

Police union head Bob Kroll said the public should accept the results of the investigation.

Protesters, who demonstrated peacefully across the city after the announcement, had demanded the case not go to a grand jury, which operates in secret. Freeman decided the issue on his own.

Police encountered Clark Nov. 15 after paramedics called for help from a scene where they were attempting to treat Clark’s girlfriend after she was assaulted. The paramedics said Clark, the assault suspect, was interfering, Freeman said.

When police arrived, Clark refused orders to show his hands. Officers tried to handcuff Clark but couldn’t, Freeman said. The handcuffs were later dropped, Freeman said.

Ringgenberg then took Clark to the ground and ended up on top of Clark, who was lying on his back. Ringgenberg’s back was to Clark’s stomach, Freeman said.

The officer felt his gun shift from his hip to the small of his back and reached back and felt Clark’s hand on his weapon, Freeman said.

Ringgenberg said, “He’s got my gun,” Freeman said. Schwarze said he put his gun to the edge of Clark’s mouth and warned him to let go or he would shoot. At that point, Clark looked directly at Schwarze and said he was ready to die.

Schwarze said the only thing he could do to save everyone in the area was to pull the trigger.

Clark’s blood-alcohol level was 0.09 percent. His blood also contained THC.

Freeman called the handcuff question a key issue in the case. Twenty civilian witnesses gave different versions of whether Clark was handcuffed.

The prosecutor said he does not believe any witnesses were lying, explaining it’s not uncommon for people to have contradictory statements when observing chaotic situations.

“Clark simply could not have been handcuffed when he attempted to seize the gun while they were on the ground,” Freeman said.

The FBI, the U.S. Attorney’s Office in Minnesota and the Justice Department’s Civil Rights Division are conducting a separate federal criminal investigation to determine whether police intentionally violated Clark’s civil rights through excessive force.