A protestor carries a casket-shaped sign that reads "Justice for Antonio Zambrano Montes" as she takes part in a protest against recent shootings of unarmed civilians by police.
Ted S. Warren / AP
Prosecutors declined to file charges against the three officers who shot an unarmed undocumented Latino immigrant in Pasco, Washington, earlier this year.
The Franklin County Prosecutor’s Office announced the decision on Wednesday, according to attorneys representing Antonio Zambrano-Montes’ estate. One of the officers, Ryan Flanagan, resigned in July. The other two officers, Adam Wright and Adrian Alaniz, remained on leave pending the results of an investigation.
Franklin County prosecutors, who were scheduled to hold a news conference later in the day, did not immediately respond to requests for comment.
The Feb. 10 shooting, captured on video, sparked protests and led to discussions about the relationship between the Pasco Police Department and it’s Latino residents.
Attorney Jose Baez said in a statement that the family was disappointed in the decision and would be filing a federal civil rights lawsuit.
“This forces us to seek justice for Antonio and his family in a different forum,” Baez said.
Baez added that the prosecutor’s decision not to file charges would have no legal bearing on the civil lawsuit because they have to prove their case by a preponderance of the evidence, as opposed to beyond a reasonable doubt in a criminal case.
”It will come down to a judgment as to whether Antonio objectively represented a threat of grievous bodily harm to the police,” said attorney Charles Herrmann, who teamed up with Baez in the case.
Authorities said the 35-year-old unarmed undocumented immigrant from Mexico was struck five to six times after officers fired a total of 17 rounds. Police said he had allegedly been throwing rocks at passing cars in an intersection before police arrived. Two officers who responded were allegedly struck.
According to a forensic report, it was determined that Zambrano-Montes likely had a large rock in his hand when he was shot because one was found near him with his bloodstains on it.
In police videos that prosecutors released in July, Zambrano-Montes can be seen continuing to throw rocks at officers before trying to flee in the direction of a bakery across the street.
A toxicology report said Zambrano-Montes was under the influence of methamphetamine when he was shot. Witnesses told police that he yelled at officers to “shoot me, kill me,” minutes before he was killed.
LINK: Officer Involved In Fatal Shooting Of Mexican Immigrant Resigns
LINK: Rock-Throwing Immigrant Told Police “Shoot Me, Kill Me,” Witness Says
LINK: Second Autopsy Shows Police Fatally Shot Immigrant In The Back, Lawyer Says
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