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Federal prosecutors said on Tuesday they lack sufficient evidence to file criminal charges against three patrolmen in Washington state for the fatal shooting of an unarmed Mexican orchard worker who threw rocks at them and ran.
The killing of Antonio Zambrano Montes in the southeastern farming hub of Pasco in February 2015, captured on mobile phone video and shared widely online, sparked days of protests from the city's majority Latino community and drew criticism from the Mexican government and human rights activists.
Zambrano's death was among a series of police shootings across the United States that have put law enforcement agencies under scrutiny over their use of force against minorities.
Michael Ormsby, the U.S. Attorney for the Eastern District of Washington, said prosecutors determined there was insufficient evidence to prove beyond a reasonable doubt that police willfully used unreasonable force against Zambrano in violation of his constitutional rights.
"Even if there was reliable evidence that indicated that the actions of the officers were unreasonable, there is insufficient evidence to prove beyond a reasonable doubt that they acted willfully, that is, with a bad purpose to violate the law," Ormsby wrote in a letter to attorneys representing Zambrano's family members. The letter was reviewed by Reuters.
The decision came nine months after a county prosecutor declined to file criminal charges against officers Ryan Flanagan, Adam Wright and Adrian Alaniz.
Flanagan, who resigned from the police force after the incident, and Wright and Alaniz, who were placed on paid leave following the incident, were cleared of wrongdoing and allowed to return to duty.
The officers fired 17 shots at Zambrano after he ignored orders to stop throwing rocks near a crowded intersection. He then jogged across the street as the officers chased him, collapsing seconds later along a wall in a volley of gunfire.
"When he then turned to surrender, they shot him to death," his mother, Agapita Montes Rivera, said in a statement provided by her attorney Charles Herrmann. "Where is justice for my son?"
Zambrano's family filed a civil wrongful-death lawsuit in federal court in 2016 accusing the officers of excessive force. A trial has been set for May 2017.
Zambrano arrived in Washington state's apple-growing belt seeking opportunity about a decade ago, but his life swiftly crumbled after a series of personal tragedies and drug use, which led to encounters with police.
