MILWAUKEE _ The Wauwatosa police officer who shot and killed Jay Anderson Jr. will not face state criminal charges, but federal prosecutors have agreed to review the case, Anderson's family said Monday.
The family made the announcement at a news conference that occurred several hours after it met with Milwaukee County District Attorney John Chisholm on Monday morning. Family members looked visibly upset as they left that meeting.
The family has said video shows Anderson was not "lunging" to grab a gun when he was killed by Officer Joseph Mensah, as the officer contended.
But Chisholm told Anderson's family that Mensah's actions were justified self-defense when he saw Anderson's hands drop during their interaction, said Jonathan Safran, an attorney for the family who was present at the meeting.
After receiving the decision, Safran contacted the U.S. attorney's office in Milwaukee and requested prosecutors investigate whether federal criminal civil rights charges are warranted. He said federal officials indicated they would undertake the review.
A representative with the Milwaukee County district attorney's office said prosecutors would not issue any statements or speak with reporters about the decision Monday.
Wauwatosa police are expected to address the charging decision during a news conference later Monday.
"If it was another human being that killed Jay, he would be charged, so why can't (Mensah) be charged?" said Starkeisha Delarosa, the mother of Anderson's daughter. "How can he move on with his life and start a family when Jay can't continue his life with his family ... ?"
Initial information provided by Wauwatosa police said the officer, who was investigating a report of a suspicious vehicle, feared for his safety after seeing a person and a gun inside. Anderson's family has said he was sleeping in his car in Madison Park when the officer approached about 3 a.m. June 23. Anderson legally owned the gun, they said.
According to a notice of injury filed by Anderson's family, the video shows Anderson slumping forward and lowering his arms at least twice during his interaction with Mensah, as if sleeping or passing out, and that the last time Anderson's hands and head went down, Mensah fired his service weapon repeatedly and shot Anderson six times.
The gun Mensah saw was removed from Anderson's car before investigators photographed it, Safran said.
Much of what is known publicly about the case has been released by Anderson's family. Last month, Anderson's family released photos of his car, which was returned to the family with shattered glass, blood stains, bullet holes and his dreadlocks still inside.
Throughout the investigation, Wauwatosa police declined to release video footage or other reports related to the shooting until prosecutors make a final charging decision because, they said, the release of incomplete information could cause misunderstanding. Police officials have said they want the entire event to be "viewed as a whole." It was not immediately clear what new information would be released during the news conference Monday.
Prosecutors have said the release of the video would not affect their review and said they have offered Anderson's family the opportunity to review all evidence in their possession. That evidence includes two enhanced versions of the video: one created by the state Department of Justice and the other by the FBI. The family viewed the FBI-enhanced video Monday.
Last year, prosecutors cleared Mensah and another officer, Jeffrey Newman, in the July 2015 shooting that killed 29-year-old Antonio Gonzalez. Gonzalez was wielding a sword when he was confronted by police, authorities said.
The notice of injury filed by Anderson's family says it has been "alleged but not independently confirmed" that Mensah filed for disability benefits from the city of Wauwatosa after the fatal police shooting, alleging emotional injuries that required mental health care, but the claim was ultimately denied. Mensah returned to work Aug. 25, 2015.
