
© Sandy Huffaker / ReutersProtesters hold candles at a vigil during a protest over the fatal shooting of an unarmed black man on Tuesday by officers in El Cajon, California, U.S. September 28, 2016.
The San Diego County police officer who fatally shot a distressed black man who was "acting erratically" and holding a vape pen that police mistook for weapon will not be charged with a crime, the county district attorney has announced.
Law enforcement officers are required to make "split-second decisions," San Diego County District Attorney Bonnie Dumanis said Tuesday in announcing that Richard Gonsalves, a police officer in El Cajon, California, acted justifiably when he shot and killed Alfred Olango on September 27, 2016. Gonsalves will not face criminal charges, Dumanis said.
"The law recognizes police officers are often forced to make split-second decisions in circumstances that are tense, uncertain and rapidly evolving," Dumanis said at a press conference,
according to the
San Diego Union-Tribune. "As prosecutors we have an ethical duty to follow the law and only charge individuals when we have proof beyond a reasonable doubt. The only reasonable conclusion was the officer's actions were justified."
The fatal shooting of Ugandan refugee Olango, 38, was
captured on video by an onlooker and a business surveillance camera. The footage was released to the public days later, triggering protests in the San Diego suburb. A demonstration over the district attorney's announcement is planned for Monday, January 16.
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