By Todd Richmond,
MILWAUKEE — A white Milwaukee
police officer who was fired after he fatally shot a mentally ill black man in
April won't face criminal charges, the county's top prosecutor said Monday.
Milwaukee County District
Attorney John Chisholm said Christopher Manney won't be charged because he shot
Dontre Hamilton in self-defense. Manney is at least the third white police
officer to avoid charges in the past month after a confrontation that led to a
black man's death.
"Based on all the evidence
and analysis presented in this report, I come to the conclusion that Officer
Manney's use of force in this incident was justified self-defense and that
defense cannot be reasonably overcome to establish a basis to charge Officer
Manney with a crime," Chisholm said in a statement.
Recommended: Infographic Crime
falls in the US. Are you safer today?
The Hamilton family released a
statement through their attorney expressing their disappointment with the
decision, saying the case "cries out for justice, criminal charges against
Christopher Manney, and accountability to Dontre Hamilton's family."
The family said it has asked
the U.S. attorney in Milwaukee to seek a federal investigation.
Manney's attorney did not
immediately return a message seeking comment.
The executive director of the
American Civil Liberties Union of Wisconsin, Chris Ahmuty, issued a statement
saying the decision not to charge Manney left "a cloud of uncertainty over
the circumstances of and the responsibility for Mr. Hamilton's death."
Manney shot 31-year-old
Hamilton on April 30 after responding to a call for a welfare check on a man
sleeping in a downtown park. Manney said Hamilton resisted when he tried to
frisk him. The two exchanged punches before Hamilton got hold of Manney's baton
and hit him on the neck, the former officer has said. Manney then opened fire,
hitting Hamilton 14 times.
Several witnesses told police
they saw Hamilton holding Manney's baton "in an aggressive posture"
before Manney shot him, according to Chisholm's report. Police said they have
no video of the event.
Chisholm consulted with two
experts on the use of force by police officers who concluded Manney's conduct
was justified. Emanuel Kapelsohn of the Peregrine Corporation said all the
shots were discharged in 3 or 4 seconds and there was no evidence that Manney
continued firing after Hamilton hit the ground.
Manney suffered minor injuries,
including a bite to his right thumb, a neck strain and neck contusion, the
report said. He was treated for post-concussion syndromes, a mild traumatic
brain injury and had physical therapy for bicep and rotator cuff injuries, the
report said.
Police Chief Edward Flynn fired
Manney in October. He said at the time that Manney correctly identified
Hamilton as mentally ill, but ignored department policy and treated him as a
criminal by frisking him.
Hamilton's family said he
suffered from schizophrenia and had recently stopped taking his medication.
At a news conference, Chisholm
said his assessment covered only whether Manney was justified in using deadly
force, not whether the initial stop was handled properly. He invited anyone to
review the full investigative file. "They'll think we made a fair
decision," he said.
The Milwaukee Police
Association condemned Manney's firing as a political move, and members voted no
confidence in Flynn soon after the firing. Manney has appealed his dismissal.
Hamilton's death preceded the
killings of Michael Brown in Ferguson, Missouri, and Eric Garner in New York
City, but the case hasn't attracted as much attention. Hamilton's family has
led mainly peaceful protests, trying to raise awareness about mental illness.
Other protesters said his death underlined race concerns.
Wisconsin Gov. Scott Walker has
said he will call up the National Guard if there is any violent reaction to the
prosecutor's decision. Police arrested 74 protesters Friday who blocked rush
hour traffic on Interstate 43. On Monday, the state Department of Military
Affairs activated its emergency operations center to monitor the situation in
Milwaukee and coordinate activities between any affected state agencies.