Special prosecutors are declining to file charges against a former Wisconsin police officer who fatally shot a Black man sitting in a parked car, despite a judge ruling that probable cause found him negligent in the 2016 death.
Jay Anderson Jr. was shot and killed after then-Wauwatosa police officer Joseph Mensah, who is also Black, found him sleeping in his car in the Milwaukee suburb.
Mensah said he shot Anderson, 25, after he reached for a gun, a claim the man’s family denies.
The initial prosecutors in the case declined to charge Mensah, but Anderson’s family used a provision in state law to ask a judge to look into the case. At least six other states have similar laws but attorneys have said it is rarely used in Wisconsin.
In a rare move in July, Milwaukee County Judge Glenn Yamahiro overruled the prosecutors and said the evidence did not support Mensah’s version of events. He said probable cause existed to charge Mensah with homicide by negligent use of a weapon.
The judge said Mensah should have been aware that pulling his weapon on Anderson created an unreasonable risk of death and the officer should have taken steps to de-escalate the situation. He also said Anderson’s actions were consistent with someone who was intoxicated and was having difficulty complying with Mensah’s orders.
However, the special prosecutors said Wednesday that they can prove beyond a reasonable doubt that Mensah intentionally shot Anderson, but that they cannot prove that he was not acting in self-defense.
During a court hearing, they said critical evidence came down to police dash camera video that showed the final 18 seconds before Mensah fired his weapon. The video, which contained no audio, showed that Anderson had his hands raised, then reached down and then started putting his hand back up, according to the special prosecutors.
They assembled a mock jury that said Anderson’s actions were enough for Mensah to fear for his life.
A lawyer for Anderson’s family said the video should not have been used as the main evidence in the case and said he could have been reaching for his phone or identification. The lawyer asked the judge to appoint a different special prosecutor, but the judge denied the request saying, “This tragedy was avoidable but that is a separate and distinct question from what is provable beyond a reasonable doubt.”
The Associated Press contributed.
Source: NBC News
