There will be no grand jury in the police shooting death of Jamar Clark or for any other police shootings in Hennepin County.
This was the word from Hennepin County Attorney Mike Freeman. Freeman offered the edict Wednesday (March 16) during a press conference to discuss the case.
“For me, grand juries should no longer be used in police shooting cases in Hennepin County,” said Freeman in his prepared remarks to reporters. “I will make the factual determination whether there is sufficient evidence to support a criminal charge against the police officers in the tragic death of Jamar Clark. I will make that determination with the excellent assistance of senior attorneys in our office and the fine work of law enforcement, most notably, the BCA (Bureau of Criminal Apprehension) and FBI.”
Freeman said a full investigation is still underway and no decision has been made by his office as to whether or not to indict one or both Minneapolis Police Officers involved in the Nov. 15 shooting of Clark, who was unarmed at the time. Police contend Clark got control of an officer’s gun when he was shot, but multiple witnesses say Clark was completely subdued on the ground when he was killed. Many witnesses say Clark was handcuffed at the time of the shooting. The shooting kicked off weeks of nonstop protests outside of the Minneapolis 4th District police station, a couple of short blocks from where Clark was killed.
Freeman’s announcement came less than 24 hours after prosecutors in Chicago and Cleveland were ousted by voters who were angered in the handling of police shootings in their cities. In Chicago, Anita Alvarez fell to defeat – many say because of the mishandling in the shooting death of Laquan McDonald, who was shot 17 times by police; and in Cleveland, Cuyahoga County District Attorney Tim McGinty was voted out, presumably as a result of no charges being filed against officers who rolled up to a park and killed 12-year-old Tamir Rice. Rice was playing with a BB gun and was shot without warning by police.
Whether or not politics played a role in Freeman’s decision, many are saying the unprecedented action is the direct result of community activism.
“We thank County Attorney Freeman for taking this important step toward police accountability,” said Anthony Newby, executive director of Neighborhoods Organizing for Change. “In cities across the Midwest, Black-led organizing is leading a movement for more accountability for officer-involved shootings. This week, Chicago and Cleveland voted out county attorneys who’ve failed to deliver justice for their communities while over-policing them. Ferguson, Mo. has accepted important changes from the Department of Justice. Freeman’s decision not to use a grand jury in Minneapolis is the latest example of a shift in power in the Midwest. Organizing works. Freeman’s decision is a game-changing step toward a new system of police accountability, in Hennepin County and across the country.”
Freeman’s action was also heralded by Rep. Keith Ellison, who nationally represents the district where Clark was killed.
“This is a victory for transparency,” said Ellison in a statement. “Large sections of our community doubt that the grand jury system can yield a fair outcome, and their secretive nature worsens the already strained relations between police and the community they serve. Wherever the facts and law lead in this case, making the prosecution decision in the public light will increase community confidence.”
State Rep. Raymond Dehn (59B) said the shooting and death of Clark brought much needed attention to the flaws in our criminal justice system.
“This is an important step forward for justice in Minnesota. Not using the grand jury system to determine charges in police shootings makes justice for Jamar, and others who are shot by police, possible,” said Dehn in a statement.
