CRIME
04/01/2015 09:22 pm ET Updated Jun 02, 2015

Phoenix Cop Who Killed Unarmed Black Man Won't Face Charges

In this Oct. 2, 2014 photo provided by Officer Calbert Gillett Maricopa County Sherrif's Office Media Relation Unit, Rumain B
In this Oct. 2, 2014 photo provided by Officer Calbert Gillett Maricopa County Sherrif's Office Media Relation Unit, Rumain Brisbon poses for a mugshot in Phoenix. The mother and girlfriend of Brisbon, an unarmed drug suspect fatally shot by a Phoenix police officer who mistook a pill bottle for a gun, do not want the incident to become about race. The deadly shooting Tuesday, Dec. 2, of Brisbon, 34, demonstrates the challenges law enforcement agencies face at a time of unrest over police tactics. Phoenix police say the officer, who is white, feared the suspect was armed during their struggle, but some critics say the officer went too far. Despite the department's efforts to be transparent with information, protesters marched Thursday night, Dec. 4. (AP Photo/Officer Calbert Gillett Maricopa County Sherrif's Office Media Relation Unit)

By David Schwartz

PHOENIX, April 1 (Reuters) - No criminal charges will be filed against a white Phoenix police officer who fatally shot an unarmed black man in December during what authorities described as a struggle, county prosecutors said on Wednesday.

Prosecutors found that Officer Mark Rine was justified in using deadly force against Rumain Brisbon, said Jerry Cobb, a Maricopa County attorney spokesman.

The shooting aroused community outrage and brought protests seen nationwide to the streets of Phoenix.

Cobb said the shooting was within Arizona law governing such conduct, but was unaware of the specific findings of the incident review.

Police have said that Brisbon, 34, was shot and killed on Dec. 2 as he struggled with Rine, who suspected he was selling drugs and mistakenly believed that he felt the handle of a gun in the man's pocket.

It was later learned that Brisbon was actually carrying a pill bottle in the struggle outside an apartment complex in Phoenix.

Marci Kratter, the attorney for Brisbon's family, said she was not surprised that Rine will not be held accountable.

"There was no investigation," Kratter said. "They were certainly not interested in finding out what the truth was."

Kratter said the family plans to pursue further legal action.

County Attorney Bill Montgomery told a local newspaper that the seven-year veteran officer had a "reasonable fear for his life" after Brisbon failed to obey police directives and acted like he possessed a weapon.

Police have previously said the confrontation began after two witnesses told a police that the occupants of an SUV Brisbon had been sitting in were selling drugs.

Police said Rine ordered Brisbon to show his hands, before he placed one or both hands in his "waistband area" and fled. A struggle ensued, and Rine shot Brisbon twice, saying he thought the man had a gun. A semi-automatic handgun was found in the SUV, police said, but no weapon was found on Brisbon.

A Phoenix police spokesman said on Wednesday that Rine, 30, remained on non-enforcement duties.

The Phoenix shooting occurred when U.S. attention was focused on law enforcement officers' actions after unarmed black men were killed by white police officers, including in Ferguson, Missouri, and New York City.

A civil rights activist said late on Wednesday that he would seek a federal investigation into Brisbon's death and vowed that there would be more protests, and possibly civil disobedience, in coming days. (Editing by Dan Whitcomb and Eric Walsh)

HuffPost

BEFORE YOU GO

PHOTO GALLERY
2014 Police Killings