SACRAMENTO, Calif. �� Two Sacramento police officers who shot a black man after mistaking his cellphone for a gun will not face criminal charges, prosecutors announced Saturday, a decision likely to spark protests in the state capital and propel legislation for stricter use-of-force laws.
Sacramento County District Attorney Anne Marie Schubert said officers Terrence Mercadal and Jared Robinet acted legally when they fired 20 rounds at Stephon Clark, 22, in March 2018 after chasing him into his grandmother's backyard and apparently confusing his phone for a weapon. The incident prompted large protests and fueled statewide police reform legislation that led to a new transparency measure allowing more public access to law enforcement records.
Many in the black community have previously said that they did not expect Schubert to charge the officers, and Sacramento braced for more unrest over the weekend as word of the decision spread.
It's "just another day of being black in a community that doesn't believe black people's lives matter," said community activist Berry Accius before the announcement. "So of course we will go out and stand accordingly."
Clark was shot on March 18 after police answered a 911 call about vandalism. Mercadal and Robinet responded and were directed to Clark by a deputy in a Sheriff's Department helicopter who spotted Clark apparently breaking a sliding glass door in a nearby backyard, and then jumping a fence onto his grandmother's property. The two officers pursued him, firing 10 shots each after one officer yelled that Clark had a gun. Clark was hit at least seven times.
A second review of the incident by California Attorney General Gen. Xavier Becerra is likely to be released "soon," according to his spokeswoman. The Sacramento Police Department asked for the state Department of Justice assessment to allay community concerns about the impartiality of the investigation.
Ed Obayashi, a lawyer and Plumas County sheriff's deputy who consults statewide on use of force, said Schubert's analysis was a reflection of current case law and that the decision against filing charges was legally sound.
"It would be a complete abuse of prosecutorial powers if she did," he said. "There is no way they can prosecute this beyond a reasonable doubt."
Clark's brother, Stevante Clark, said in a recent interview with that he believes Mercadal and Robinet should be charged.
"The police department failed," Clark said.
Clark's family has filed a wrongful death lawsuit against the city seeking up to $35 million in damages. Stevante Clark also has become a prominent advocate for police reform and is supporting a bill in the state Assembly that would make it easier to prosecute police involved in shootings. Law enforcement unions have put forward their own bill in the state Senate that would address use of force through policies and training.
"You can have all the transparency you want. If you have no accountability, it's worthless," Clark said. "I can see you doing wrong, but if I can't hold you accountable for your wrongdoings, what's the point of me even seeing you do wrong?"
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