U.S. attorney: No 'willful' violation of Alton Sterling's civil rights

BATON ROUGE — Two police officers involved in the fatal shooting of Alton Sterling last summer won't face federal charges after Acting U.S. Attorney Corey Amundson said an investigation determined they didn't "willfully" violate Sterling's civil rights even though the officers' "techniques" could be criticized.

"They must have acted with specific intent," said Amundson, which he described as the highest standard of proof in criminal law. "It's not enough to show they acted recklessly ... or with bad judgement ... That's not a violation of federal civil rights laws."

Amundson said the entire altercation at the Triple S convenience store on North Foster Drive, "from approach to the six shots fired," took about 90 seconds.

Sterling's Aunt Sandra Sterling was inconsolable following her meeting with prosecutors, saying they told her the officer that shot her nephew six times, Blane Salamoni, pointed a gun to Sterling's head during the altercations and said he was going to kill him. The other officer was Howie Lake.

"So how do you think Alton felt," she said, weeping.

Amundson said two independent experts agreed the use of lethal force by the officers in the Sterling case was not unreasonable.

"Both experts criticized techniques, but determined (the officers') actions were not unreasonable," Amundson said, considering that Sterling had a .38-caliber revolver that was retrieved from his pocket following the shooting.

"There are no winners here," Amundson said. "A father and a nephew has died."

The case now falls to state Attorney General Jeff Landry, who said in a statement he and Louisiana State Police will conduct a thorough investigation to see if state criminal charges against either police officer are warranted. East Baton Rouge District Attorney Hillar Moore recused himself because of a longstanding friendship with the Salamoni family.

"It is important for the public to know that this matter will be handled by the most professional and proficient law enforcement use of force team in Louisiana," Landry said in a statement. "Once LSP and our assigned prosecutor have reviewed the materials generated by the federal government’s civil rights investigation and have conducted any further investigation necessary — my office will meet with them to review their findings, evaluate the evidence, and make the appropriate prosecutorial decision."

Chris Stewart, the attorney for Alton Sterling’s three children, described the family’s meeting Wednesday with federal officials as long and emotional, but "we didn't leave the meeting defeated," he said.

“They hands-down agreed that the actions of the police officers that night were outrageous, were inappropriate, were not following procedure, were unexplainable,” Stewart said.

The evidence, he believes, meets the threshold for Landry to prosecute the officers.

Stewart described the case as “phenomenal,” not just strong.

“There can’t be any inaction” by Landry, he said, because the attorney general already proved he is willing to prosecute law enforcement officers for unlawfully killing citizens.

Though the results were widely reported Tuesday after details were leaked to the Washington Post, Wednesday's announcement made it official.

Gov. John Bel Edwards and Baton Rouge Mayor Sharon Weston Broome asked for calm during a joint press conference following the U.S. Justice Departments announcement.

"Our challenge collectively is to change frustration into positive change," the governor said. "Louisianians have expressed their frustrations peacefully. Nobody has the right to engage in unlawful behavior, particularly violent behavior."

Related: Alton Sterling's aunt says shooting probe taking too long  

Obama meets with Alton Sterling's family

Last year's shooting of Sterling, who is black, by the two white officers triggered massive protests in the city. In the wake of the Sterling shooting Gavin Eugene Long of St. Louis came to Baton Rouge and shot six officers, killing three, in an apparent retaliatory attack.

Outrage over the shooting was elevated by videos that recorded the altercation between Sterling and police. Witnesses said they didn't see a gun in Sterling's hand, but that police pulled a gun from Sterling's pants pocket. Sterling, a convicted felon, wasn't legally allowed to carry a gun.

Family members and elected officials were angered that the results of the investigation were leaked before notifying them, a frustration shared by Broome.

"I don't know anyone who was satisfied with the way this decision was rolled out," she said. "I was appalled."

Edwards agreed, saying it was "disrespectful to the family."

Attorneys for both of the police officers said their clients were relieved, but mindful that Landry and the State Police will conduct their own investigation.

Isaiah Myers IV, of Baton Rouge, paid respects to Sterling Wednesday at a memorial outside the Triple S Food Mart. He was among the protesters after Sterling was shot and killed.

Myers said he's not surprised by the justice department decision.

"It's sad to say I knew it was going to happen," he said. "For nothing to happen is testament to the Baton Rouge Police Department and how they want to be represented."

Police officers who aren't prosecuted after they shoot and kill citizens "is becoming the norm everywhere, not just here," Myers said.

John McLindon, Salamoni's attorney, told The Associated Press he spoke to the officer Wednesday after the Justice Department announced its decision in the investigation. He says the "stress of the unknown" has been hard on Salamoni and his family while they wait for the investigation to conclude.

McLindon says he can't discuss the evidence in the case due to a pending state investigation. But he expressed confidence state authorities also will rule out criminal charges against Salamoni and a Lake.

Greg Hilburn covers state politics for the USA TODAY Network of Louisiana. Follow him on Twitter @GregHilburn1