An off-duty D.C. police commander who shot and killed a man at the Wharf last July will not face charges.
The decision comes after an independent review of the investigation into the shooting that left Lazarus Wilson, 23, of Dumfries, Virginia, dead.
Cmdr. Jason Bagshaw was off-duty and dining with his wife, a D.C. police investigator, at the Wharf on the evening of July 16 when the couple saw a commotion outside the restaurant.
According to the investigation by the U.S. Attorney鈥檚 Office for D.C., the couple saw people crouching down and crawling away from the area, near Wharf Street SW, and responded.
鈥淲hen Commander Bagshaw and his wife exited the restaurant, they observed Lazarus Wilson pointing a firearm at another individual in what appeared to be a robbery attempt,鈥� the U.S. Attorney鈥檚 Office for the District of Columbia said in a statement.
According to the investigation, Wilson had a gun pointed at another person when Bagshaw pulled out his service weapon and stated, 鈥淢PD, drop the gun!鈥�
Prosecutors said when Wilson didn鈥檛 comply, Bagshaw opened fire, hitting Wilson in the cheek. Wilson died later at the hospital.
Police said a gun was recovered from the scene of the shooting. After the shooting, police released body camera footage from two responding officers.
The U.S. Attorney鈥檚 Office said in a statement that after looking over the case, the decision was made the officer would not be charged.
鈥淎fter a careful, thorough, and independent review of the evidence, federal prosecutors found insufficient evidence to prove beyond a reasonable doubt that Commander Bagshaw used excessive force under the circumstances,” USAO said.
