MEMPHIS, Tenn. (AP) — Police officers involved in the shooting of a Tennessee man last year will not face criminal charges, but a grand jury has indicted the man, a prosecutor said Friday.
Shelby County district attorney Amy Weirich said 26-year-old Martavious Banks has been charged with evading arrest in a motor vehicle with risk of harm to others, unlawful weapons possession, and other alleged offenses.
Police said Banks was shot when he ran from a traffic stop in Memphis in September 2018. Officers said they saw a gun in the vehicle, and they chased him as he ran away. Banks was shot and hospitalized in critical condition.
After the shooting, Memphis Police Director Michael Rallings said three officers involved in the shooting did not have their body or in-car cameras activated as dictated by department policy.
As with other shootings of black men by police in other cities, the incident drew angry protests from activists and relatives of Banks. Protesters claimed the shooting was unlawful and police wanted to cover up details.
The Tennessee Bureau of Investigation, the state’s police agency, investigated the shooting and gave a report to Weirich.
Weirich said she asked the TBI to seek an indictment against Banks. She also said there was no evidence of criminal conduct by officers.
“The report has been reviewed by our office to determine if any state criminal laws were violated,” Weirich said in a news release. “My job is not to determine if policies or procedures of the Memphis Police Department were violated that day.”
Banks is black. The officer who shot him, Jamarcus Jeames, also is black. Jeames has resigned, and three other officers involved in the shooting were suspended.
Banks’ attorney did not immediately return a call seeking comment. Banks’ brother, Jamarious Banks, questioned why the officers were not charged, The Commercial Appeal reported.
“My brother still has rods and bullets in his arm that (have) not been removed, yet he is still jailed by the same people who shot him. I want some answers to what is going on,” Jamarious Banks said at a news conference Friday.
The TBI’s report, and any body camera footage that was recovered from the shooting scene, are not being released because of the pending prosecution, the district attorney said.