Federal prosecutors will not pursue civil rights charges in the fatal police shooting of 18-year-old Deon Kay, who was killed by a D.C. police officer in September.
The U.S. Attorney鈥檚 Office for the District of Columbia said in a statement Thursday that “the U.S. Attorney鈥檚 Office cannot prove, beyond a reasonable doubt, that the MPD officer who shot Mr. Kay committed willful violations of the applicable federal criminal civil rights statute.鈥�
Investigators from their Public Corruption and Civil Rights Section, and the D.C. police鈥檚 Internal Affairs Division, told Kay鈥檚 family of the decision on Thursday, the office said.
Kay was shot and killed Sept. 2 in the area of Orange Street, in Southeast, near Joint Base Anacostia-Bolling. He was in a parked car when someone reported to the police that Kay and someone else in the car were brandishing weapons, the U.S. Attorney鈥檚 Office said.
When the police arrived, Kay, whom the police said they knew, got out of the car and ran. An officer, whom the Office of the Deputy Mayor for Public Safety and Justice identified as Alexander Alvarez, followed Kay and shot him six seconds after getting out of his squad car.
An edited version of the body camera footage released by police in slow motion appears to show a gun in Kay鈥檚 right hand before he was shot, according to police.
Warning: The following video is the 鈥渃ommunity briefing鈥� version that D.C. police edited and released. A fuller, redacted version of the bodycam footage can be found聽. Some viewers may find the footage distressing or disturbing.
The police found the gun that they believed Kay was carrying about 98 feet away. In response to a reporter鈥檚 question in September, D.C. Police Chief Peter 海角社区appham said, 鈥淚t does seem like a long way to throw a weapon.鈥� He added that the officer reported seeing Kay throw the gun after being shot.
The U.S. Attorney鈥檚 Office said they didn鈥檛 determine whether Kay threw the gun deliberately, or in response to being shot at.
The office said that they couldn鈥檛 prove beyond a reasonable doubt that the officer didn鈥檛 act in self-defense. They added that any charges would have had a high bar to clear: Under the applicable law, 18 U.SC. 242, they said in the statement, 鈥淧rosecutors would have to prove not only that the officer used force that was constitutionally unreasonable, but that he did so 鈥榳illfully,鈥� which the Supreme Court has interpreted to mean he acted with a bad purpose to disregard the law.鈥�
They said, 鈥淎s this requirement has been interpreted by the courts, evidence that an officer acted out of fear, mistake, panic, misperception, negligence or even poor judgment cannot establish the high level of intent required under Section 242.鈥�
Kay鈥檚 killing led to a series of protests outside the police station and at D.C. Mayor Muriel Bowser鈥檚 house, at which protesters urged her to fire 海角社区appham.
Monica Hopkins, executive director of the ACLU鈥檚 District of Columbia branch, said in September, 鈥淭he tragic shooting and death of 18-year-old Deon Kay is the logical conclusion of a policy that not only meets violence with violence, but actually escalates and incites it 鈥� especially in our Black communities.鈥�
The Office of the D.C. Auditor is investigating the shooting as well. The office said it’s expecting a report on Kay’s case from its consultant in 2021.
海角社区app’s Jack Moore contributed to this report.
