Federal prosecutors introduced Friday that they won’t pursue prison civil rights fees towards a Kansas police officer who fatally shot a youngster in 2018 throughout a wellness examine.
The Division of Justice’s determination comes virtually two years after an investigation was opened into the killing of John Albers, 17, whose demise within the Kansas Metropolis suburb of Overland Park reignited the nationwide outcry over police use of extreme pressure.
“Right now, there’s inadequate proof to ascertain past an inexpensive doubt that the officer willfully dedicated a violation of the federal prison civil rights statute,” the Division of Justice stated in an announcement. “Particularly, the proof doesn’t clear the excessive bar that the Supreme Court docket has set for assembly this customary, and the division has subsequently closed its investigation into this matter.”
The Overland Park police officer, Clayton Jenison, had been on the pressure for about two years on the time of the capturing. He finally agreed to resign — with a $70,000 severance bundle — even though Johnson County District Lawyer Steve Howe had cleared him of wrongdoing.
In making the announcement that no fees could be filed, Howe launched dashcam video and stated Jenison, who stated he feared for his life, was justified in his actions when he opened hearth 13 occasions.
However Albers’ mother and father have lengthy disputed the police division’s narrative over what occurred, blasting native prosecutors’ investigation as being biased and missing competence.
The mother and father pushed for information within the case to be made public, which lastly occurred in April 2021, when town of Overland Park launched a redacted 500-page report together with pictures, movies of further dashcam footage, and an interview carried out with Jenison after the capturing. NBC affiliate KSHB in Kansas Metropolis, Missouri, had additionally sued Overland Park for the discharge of these investigative information.
The information included social media posts and journal entries wherein Albers, a highschool junior, seemed to be battling psychological well being points.
On Jan. 20, 2018, police have been referred to as to his house after a buddy expressed concern that he could also be intoxicated and feeling suicidal, saying he had threatened to stab himself with a knife.
On the time of the decision, simply earlier than nightfall, Albers was house alone whereas his household had gone out for dinner.
Dashcam movies and a neighbor’s safety digicam confirmed Jenison and one other officer arriving on the house. They stayed for a couple of minutes exterior and didn’t knock on the entrance door or determine themselves. Ultimately, the storage door of the house swung open, and Jenison unholstered his weapon and moved towards the door as a minivan, which Albers was driving, started to again out slowly and in a straight line.
Jenison reacted, aiming his weapon and yelling, “Cease, cease, cease.” Jenison, who was standing to the correct of the van, fired twice towards Albers.
In a lawsuit filed by the household towards town and Jenison, the Albers contend that one or each of the bullets struck {the teenager}, “incapacitating him and rendering him unable to manage the minivan.”
The automotive stopped, however then sped up in reverse, making a U-turn within the driveway and backing up. Jenison fired 11 extra photographs, and the minivan pulled ahead, previous one other police automotive that had simply approached, and coasted in impartial into the driveway of a house throughout the road, in keeping with the report and dashcam video.
An post-mortem report later confirmed that six bullets had struck Albers. A toxicology report indicated that he had not been underneath the affect of medicine or alcohol.
In an interview with investigators following the capturing, Jenison stated that he had taken cowl exterior of the house as a result of he did not know if Albers would “self-harm or if he additionally has homicidal tendencies.”
The Albers household settled its grievance towards Overland Park and Jenison in 2019 for $2.3 million, The Washington Put up reported, though town and Jenison didn’t admit legal responsibility and Overland Park stated it settled to keep away from the associated fee and size of a lawsuit.
NBC Information has reached out to Jenison, the Overland Park Police Division, town of Overland Park and the Johnson County District Lawyer’s Workplace for remark following the Division of Justice’s determination within the case.
Below the Biden administration, federal prosecutors have pursued federal civil rights fees towards cops in different high-profile circumstances, most not too long ago towards two present and two former cops in Louisville, Kentucky, concerned in a raid that led to the demise of Breonna Taylor, a 26-year-old medical employee.
Should you or somebody you already know is liable to suicide, please name the Nationwide Suicide Prevention Lifeline at 800-273-8255, textual content TALK to 741741 or go to SpeakingOfSuicide.com/sources for added sources.
