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DENVER (AP) — Prosecutors declined Wednesday to file charges against a police officer who fatally shot a bedridden man after mistaking his soda can for a weapon, citing a grand jury's decision not to indict the officer.
Police were sweeping through Frank Lobato's home in July, searching for a domestic-violence suspect, when an officer spotted the can, thought it was a gun and fired into the 63-year-old's chest, authorities said.
"I can't ethically go forward believing that I can convince 12 people beyond a reasonable doubt that he's committed the elements of the crime charged," District Attorney Bill Ritter said.
Lobato's outraged family issued a statement saying the officer, Ranjan Ford Jr., should be charged with murder, and his supervisors should be disciplined.
Ford's attorney, David Bruno, said his client regards the grand jury decision as "vindication of what happened that day." Bruno said Ford testified before the jury.
Police spokeswoman Virginia Lopez said the department would conduct an administrative review before deciding on Ford's future. He remains on duty but has not been assigned to patrols.
Ford's case marked the 38th consecutive time Ritter has declined to prosecute a Denver officer after a fatal shooting since taking office a decade ago, a record that has drawn criticism from some residents.
Ritter said he submitted the case to the grand jury because he believed citizens should have an opportunity to review the evidence.
"I made this decision not because it deferred criticism," he said. "I made this decision because I believed it was necessary under the circumstances."
Kenneth Padilla, an attorney for the Lobato family, said he would decide within weeks whether to file a federal civil rights lawsuit or petition the state circuit court to re-evaluate Ritter's decision. | 
