KENOSHA, Wis. (CBS) — No police officers will be charged by the Kenosha County District Attorney’s office in the shooting of Jacob Blake in Kenosha, Wisconsin this summer.
Kenosha County District Attorney Michael Graveley announced the decision on Tuesday afternoon. He also said there will be no charges against Blake himself.
On Aug. 23, Kenosha police Officer Rusten Sheskey shot Blake, 29, seven times in the back. Blake was left paralyzed from the waist down.
Graveley went into great detail as to why he made the decision – emphasizing that a prosecutor must build a case that can be proven beyond a reasonable doubt in court, and if prosecutors cannot do so, they cannot bring charges.
Graveley focused in particular on the issue of self-defense, noting that uniformed officers were called to the scene on a designated domestic abuse call and knew there were arrest warrants for Blake. He said the question was whether Sheskey reasonably believed shooting at Blake was necessary to prevent being stabbed by Blake or to prevent someone else from imminent danger – and if charges were brought, then the District Attorney would have to prove Sheskey did not reasonably believe such a thing.
Graveley said in Wisconsin, the burden of proof is on the state to prove an officer was not acting in self-defense, and he was not confident he could prove that case.
He added that he cannot bring charges to send a message about the misuse of force by police, to advance the cause of racial equity, or because the Blake family has suffered and needs healing – because while all are noble causes, they cannot legally be used as grounds to bring charges.
Before announcing the decision, Graveley said he had talked with Blake personally about it ahead of time.
“This was a tragedy, first and foremost, for Jacob Blake, who still suffers from grievous injuries,” Graveley said, “These are life-threatening injuries that he’s suffering from today.”
He also called the shooting a tragedy for those who love Blake, his children who were in the vehicle when the officer shot him, and the Kenosha community. He called for healing, noting that it has already been shown that some people are “capable of expressing their anger in these moments by burning things down.”
“Rather than burning things down, can moments of tragedy like this be an opportunity to build things?” Graveley said.
Graveley, who is white, also emphasized that he has never had to deal with implicit or explicit bias based on race, or feared for his own safety with police officers or others in authority. But he said he has taken more than 250 cases to jury trail, and possesses “authentic experience and expertise” in that regard.
Civil rights attorney Ben Crump and co-counsels Patrick A. Salvi II and B’Ivory LaMarr, who are representing Blake, issued a statement decrying the District Attorney’s decision:
“We are immensely disappointed in Kenosha District Attorney Michael Graveley’s decision not to charge the officers involved in this horrific shooting. We feel this decision failed not only Jacob and his family, but the community that protested and demanded justice.
“Officer Sheskey’s actions sparked outrage and advocacy throughout the country, but the District Attorney’s decision not to charge the officer who shot Jacob in the back multiple times, leaving him paralyzed, further destroys trust in our justice system. This sends the wrong message to police officers throughout the country. It says it is OK for police to abuse their power and recklessly shoot their weapon, destroying the life of someone who was trying to protect his children.
“This is not the news we were hoping for, but our work is not done and hope is not lost. It is now our duty to broaden the fight for justice on behalf of Jacob and the countless other Black men and women who are victims of racial injustice and police brutality in this country. We will continue to press forward with a civil lawsuit and fight for systemic change in policing and transparency at all levels.
“We urge Americans to continue to raise their voices and demand change in peaceful and positive ways during this emotional time.”
The National Guard headed to Kenosha on Monday in the event of unrest after the announcement.
Plans to keep the community and possible demonstrators safe also included designating a demonstration place and limiting city bus routes as well as road closures, curfews and protective fencing.
The Blake shooting sparked a wave of protests in Kenosha and across the country. There was also large-scale unrest in Kenosha during which several buildings were set on fire.
Kyle Rittenhouse, 17, is accused of two fatal shootings during the protests in Kenosha.
In this Aug. 26, 2020, photo released by the Antioch Police Department is Kyle Rittenhouse in Antioch, Ill. Rittenhouse is accused of killing two protesters days after Jacob Blake was shot by police in Kenosha, Wis. (Antioch Police Department via AP)
Rittenhouse is charged with homicide and attempted homicide for fatally shooting Joseph Rosenbaum and Anthony Huber, and wounding Gaige Grosskreutz on Aug. 25, 2019. He pleaded not guilty on Tuesday.
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