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NEW YORK (AP) Four police officers cleared of state criminal
charges in the shooting death of an African immigrant will not be
tried for federal civil rights violations, the Justice Department
announced Wednesday.
The officers were cleared of murder and other state charges last
year. Amadou Diallo, 22, died two years ago in a hail of 41 bullets
outside his Bronx apartment in what the officers testified was a
tragic error.
In a statement released in Washington, the Justice Department
said an investigation by its Civil Rights Division and by U.S.
Attorney Mary Jo White in Manhattan had determined that federal
charges against the officers were not warranted.
Federal officials concluded they "could not prove beyond a
reasonable doubt that the officers willfully deprived Mr. Diallo of
his constitutional right to be free from the use of unreasonable
force," according to the statement.
Acting U.S. Attorney General Eric H. Holder Jr. said his office
agreed with the findings of the investigation.
"Our thoughts and prayers go out to the members of his family
for this tragic loss," Holder said. "We must learn from this
deeply troubling incident."
The Diallo family, along with many of their supporters, had
hoped for a federal civil rights prosecution of the officers.
Diallo was black, and the four undercover officers were white in
the Feb. 4, 1999, shooting that exacerbated racial tensions in the
city.
Attorneys for the officers said the decision not to prosecute
would bring the case to an end for their clients.
"It's a decision that's right on the law and right on the
facts," said Steven Brounstein, attorney for Officer Kenneth Boss.
"It was a tragic accident. ... I'm just pleased that the decision
has been made."
The Diallo family still has a $61 million civil suit against the
city, its last legal recourse in the case. Diallo was shot when he
reached for his wallet; the officers said they believed he was
reaching for a gun.
White's office proposed the meeting with the Diallo family after
Robert Conason, the attorney for the victim's mother Kadiatou
Diallo, sent a letter to Holder blasting Justice Department
officials.
"The seeming lack of courage displayed by the failure to either
seek an indictment or formally close the investigation could only
be taken ... as an example of politics at its worst," Conason
said.
All of the officers acquitted last year Boss, Sean Carroll,
Edward McMellon and Richard Murphy remain on the force. They were
searching for a rape suspect when they stopped Diallo outside his
home.
Federal civil rights prosecutions following state acquittals are
extremely rare. In the Diallo case, authorities would have required
proof that the officers violated Diallo's civil rights by
intentionally using excessive force.
DPXxr
he state trial, the officers argued they fired in self
defense, believing that Diallo was about to pull a weapon on them.
The officers were members of the NYPD's Street Crime Unit at the
time of the shooting. They were driving around the Bronx in an
unmarked car and wearing plainclothes when they spotted Diallo.
Shortly after Diallo's death, White announced her office had
begun the civil rights probe.
White's office also has a separate investigation under way into
police training and practices, especially by the Street Crime Unit.
The Diallo family, in its civil lawsuit, claims the officers
used unnecessary force to deprive their son "his right to life."
It also charges the shooting resulted from racial profiling
sanctioned by the police department, including stopping and
frisking black males without justification.
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