No Charges for Rochester Officer in Fatal Police Shooting
Rochester, MN (KROC-AM News) - The Olmsted County Attorney's Office has announced that the Rochester police officer who fatally shot a man earlier this year will not face criminal charges.
The criminal Charges Not Supported
A statement issued by County Attorney Michael Walters states: "My team and I have completed our review of the officer-involved shooting that resulted in the death of Cleavon White. We have determined that, under Minnesota law, the facts do not support criminal charges.
"As a commitment to transparency, and mindful of the serious nature of this incident, we are releasing our work to the public. The written legal analysis is available on our website."
Decision Explained in Legal Analysis
The legal analysis states that, based on its review of the evidence, it is the opinion of the Olmsted County Attorney's Office that the use of deadly force against White was necessary and justified under state law. A summary of the analysis states that the officer's actions occurred with the knowledge that White had grabbed another officer's firearm and managed to fire the weapon. The officer was also aware that there were multiple people in the room who could have been killed. Based on those facts, the analysis concludes that "there is no prospect of proving to a jury beyond a reasonable doubt that Officer Duit's actions were unjustified."
Police Responded to Mental Health Crisis
The 47-year-old Rochester man was fatally shot on the night of March 11 by Officer Josiah Duit. According to an investigation conducted by the Minnesota Bureau of Criminal Apprehension, Rochester police officers and a Crisis Response Team social worker were sent to an apartment in the 1900 block of Ashland Drive Northwest in response to a report of a man experiencing a mental health crisis.
Placed on 72-Hour Hold
A statement from the BCA says the officers and social worker observed that White was acting erratically and appeared paranoid and concluded that he posed a possible threat to himself and others. At that point, the decision was made to place White on a 72-hour emergency mental health hold.
Grabbed the Officer's Gun
When he was informed that he would be taken to the hospital, the BCA says White refused and resisted as Officer Duit and other officers attempted to take him into custody. A struggle ensued, and White grabbed an officer's firearm and was able to pull the trigger, causing the weapon to discharge.
Body Cam Video Released
Body-camera video of the deadly incident, released by Rochester police a few weeks after the shooting, shows two officers on either side of White while another officer stood in front of him. The officer to White's left is seen placing his hands on White's left arm at the beginning of the struggle before White went to the ground.
Officer Fired Multiple Shots
As White was going down, an apparent gunshot can be heard, followed by one of the officers saying, "He's grabbing my gun." That sequence was followed by Officer Duit firing multiple gunshots.
Multiple people can then be heard screaming in the background of the video. After the shooting, one officer asks, "Where is the gun?" and another officer replies, "It's still in my holster." Almost immediately, life-saving measures were initiated before White was transported to St. Marys Hospital, where he was pronounced dead.
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