Above: This undated photo provided by the family of John Crawford III shows Crawford, right, with his mother, Tressa Sherrod. Photograph: AP
The US government is to review the fatal police shooting of a man carrying a BB rifle in a Walmart store in Ohio, after a grand jury in the state declined to indict the officers involved.
The Justice Department’s civil rights division and the FBI will carry out a “thorough and independent review of the evidence” relating to the death of John Crawford III in Beavercreek last month, it was announced on Wednesday.
Carter Stewart, the US attorney for the southern district of Ohio, said in a statement that authorities would “take appropriate action if the evidence indicates a prosecutable violation of federal criminal civil rights statutes”.
The announcement came soon after a request from Ohio’s governor, John Kasich, and attorney general, Mike DeWine, for the federal authorities to review the case. An attorney for Crawford’s family described the decision not to bring charges in the case as “absolutely incomprehensible”.
Above is surveillance video that shows Crawford walking through the store as a customer, never threatening anyone, including the police. Police have claimed they told him multiple times to put the gun down, but the video shows he was shot almost immediately upon the arrival of the police.
A special grand jury in Greene County announced on Wednesday that it would not indict the officers involved in shooting Crawford in the Walmart in the suburb of Dayton, on the evening of August 5.
“Now that the state criminal investigation has finished, it is an appropriate time for the United States Department of Justice to look into whether any federal laws were violated during this shooting,” DeWine said in a statement.
The grand jury considered charges of murder, reckless homicide and negligent homicide, according to special prosecutor Mark Piepmeier. It heard from 18 witnesses and watched surveillance footage of the incident recorded inside the store.
Kasich, the Ohio governor, said in his own statement after the decision: “After talking with the attorney general and watching the video myself, I agree with his decision that a review by the US department of justice is appropriate.”
Michael Wright, the attorney for Crawford’s family, said in a statement on Wednesday that they were “disappointed, disgusted and confused”. He said: “They are heartbroken that justice was not done in the tragic death of their only son.”
Crawford was killed after picking up the unpackaged air rifle and walking elsewhere in the store, while speaking on his cellphone. Piepmeier said at a press conference on Wednesday that he was the victim of “a perfect storm of circumstances”.
A customer called 911 to say that Crawford, 22, was pointing a rifle at passersby, including children, and appeared to have loaded the weapon. The caller later altered his account, saying that Crawford was “waving it around”.
The two officers involved, Sergeant David Darkow and Officer Sean Williams, were placed on leave by Beavercreek police following the incident. Darkow returned to work before Williams.
Crawford’s father, John Crawford Jr, told the Guardian earlier this month that he believed the shooting was “an execution” and “flat-out murder”.
Prosecutors also played the footage at a press conference following the decision on Wednesday.
Williams was the officer behind the only other fatal police shooting in Beavercreek in recent memory. In 2010, he shot dead Scott Brogli, a retired master sergeant in the US air force.
According to Williams and a colleague, Brogli charged at them with a large knife after they went to investigate the 45-year-old’s drunken beating of his wife. A grand jury declined to bring any charges in that case.
More: The family’s statement:
“The Walmart surveillance video and eyewitnesses prove that the killing of John H. Crawford, lll was not justified and was not reasonable. It is undisputed that John Crawford, lll was in Walmart as a customer and was not posing a threat to anyone in the store, especially the police officers.”