No federal charges against officers in Alton Sterling death

Posted at 3:56 PM, May 02, 2017

BATON ROUGE, Louisiana (CNN) -- [Breaking news update at 2:24 p.m. ET]

The two Louisiana officers involved in the controversial shooting death of Alton Sterling will not face federal charges, officials said Tuesday.

All federal prosecutors and agents involved in the investigation have concluded there's not enough evidence to charge either Blane Salamoni or Howie Lake II, said Corey Amundson, acting US attorney for the Middle District of Louisiana.

Sterling, 37, was killed by police in Baton Rouge in July 2016. Cellphone video showed Sterling was pinned to the ground before he was shot, but police said he was reaching for a gun.

[Previous story, published at 12:45 p.m. ET]

After 10 months of grieving and wondering, Alton Sterling's family is meeting with Justice Department officials to learn whether police officers will face federal charges for Sterling's death.

But even before a decision is announced, the family was livid after reports surfaced Tuesday that the Justice Department has decided not to prosecute the two officers.

"It's not right," Sterling's aunt, Sandra Sterling, told CNN. "Lord have Mercy. Oh my God."

Sterling was outside a Baton Rouge convenience store on July 5 last year when officers responded to a report of a man with a gun outside the store. A bystander's video shows the police pinning Sterling, a black man, to the ground before shooting him, leading to widespread criticism and renewed "Black Lives Matter" protests.

The Washington Post and The New York Times first reported that multiple sources told them the Justice Department, which led the shooting investigation, will not seek charges against the officers.

CNN has not independently confirmed those media reports, which cited unnamed sources.

But DOJ officials will meet with the Sterling family at about 11:30 a.m. (12:30 p.m. ET) Wednesday, family spokesman Arthur Reed said.

Afterward, officials from the DOJ, the FBI and the US Attorney's office will hold a press conference at 1 p.m. (2 p.m. ET).

Shot on the ground

The killing gripped the nation because two bystander videos, each less than a minute long, captured Sterling's struggle with the two officers, both of whom are white.

Sterling's fatal encounter with police started when he was standing outside the convenience store where he frequently sold CDs and DVDs. Someone called 911 to report a man outside the store with a gun.

Video shows an officer rushing Sterling and pulling him to the ground. The other officer helps restrain Sterling. Someone shouts, "He's got a gun!"

The convenience store owner said officers deployed a Taser twice.

Police eventually manage to pin Sterling to the ground, with one officer straddling him. In one video, an officer draws something from his waistband and points it at Sterling. As the camera turns away, more yelling ensues, followed by several loud bangs.

Afterward, the camera captures Sterling with a large bloodstain on his chest as an officer on the ground next to him keeps his gun pointed at Sterling.

As Sterling lies fatally wounded, the other officer removes something from Sterling's right pocket. Police Chief Carl Dabadie Jr. said Sterling was armed at the time, and a witness said the officer removed a gun from Sterling's pocket.

In a search warrant affidavit, a detective wrote that officers saw the butt of a gun in Sterling's pants pocket, and "the subject attempted to reach for the gun."

The two officers, Blane Salamoni and Howie Lake II, were placed on administrative leave. A police incident report does not specify who shot Sterling.

State charges possible

It is unclear whether the state will pursue charges. Louisiana Attorney General Jeff Landry tweeted he will comment after the official Department of Justice announcement.

Sterling's family said the father of five was minding his own business and did not deserve to die.

"Alton was out there selling CDs, trying to make a living," family attorney Edmond Jordan said. "He was doing it with the permission of the store owner, so he wasn't trespassing or anything like that. He wasn't involved in any criminal conduct."