Friday, November 21, 2014

Eureka police shooting investigation awaits DA's decision... And....

The district attorney's office will rule whether it was a justifiable homicide - Times Standard

...And, every so often, he does the right thing. Sad as it is for the families involved. It is the right choice.

DA: No Charges Will Be Filed Against Officer for Death of Tommy McClain - Andrew Goff/Lost Coast Outpost

After reviewing the report in its entirety, the District Attorney’s Office concluded that that the evidence does not prove beyond a reasonable doubt that an officer committed a crime. Therefore, no criminal charges will be filed against any officer arising out of the September 17, 2014, shooting of Thomas McClain.

Specifically, the evidence establishes that, on the early morning hours of September 17, 2014, Thomas McClain was in possession of a BB gun that resembled an actual firearm. Thomas McClain was carrying the BB gun in the front waistline of his pants. The BB gun was perceived as an actual firearm by law enforcement officers. On lawfully engaging with Thomas McClain, law enforcement officers directed him to put his hands up and comply with their orders. At that time, the officers observed what they believed was Thomas McClain moving his hand toward the BB gun. Believing that the BB gun was an actual firearm, and that Thomas McClain would shoot them, the officers responded and Thomas McClain was shot and killed. The perceived firearm was later determined to be an unarmed BB gun.

The District Attorney stated that: “Thomas McClain’s death is a terrible tragedy. He is mourned by his family, his friends and this community but it was not caused by any criminal activity that I can see on the part of the law enforcement officers. My heart and my prayers go out to Thomas McClain, his family and friends and the law enforcement officers involved in this terrible tragedy. It is my sincere hope that time brings comfort and solace to all.”

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